Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the Heart of Gold Photography website located at wildgingermarketing.com/heartofgold and your engagement with Heart of Gold Photography services. By accessing our website, submitting an inquiry, booking a session, or opting in to our SMS program, you agree to be bound by these Terms.

Heart of Gold Photography is operated by Heart of Gold Photography, located at 3645 Windowpane Ln, Lexington, KY 40509. If you do not agree to these Terms, please do not use our website or services.

2. Photography Services

2.1 Session Booking

All photography sessions must be booked in advance. A session is considered confirmed only upon receipt of a signed session agreement and any required deposit. Availability is not guaranteed until a booking is confirmed.

2.2 Session Preparation

Heart of Gold Photography provides a pre-session wardrobe consultation as part of our full-service experience. Clients are expected to participate in this consultation to ensure the best possible session outcome.

2.3 Session Conduct

We reserve the right to reschedule or cancel a session if conditions are unsafe, weather is unsuitable for outdoor sessions, or if a client's conduct is disruptive or inappropriate.

2.4 Image Delivery

Final images are delivered through a private ordering appointment following your session. Delivery timelines will be communicated at the time of booking. Rush delivery may be available for an additional fee.

3. Payments and Cancellations

3.1 Deposits

A non-refundable deposit may be required to secure your session date. The deposit amount will be communicated at the time of booking and applied toward your total session investment.

3.2 Cancellations and Rescheduling

Cancellations made with less than 48 hours' notice may result in forfeiture of your deposit. We will make every effort to accommodate rescheduling requests when given reasonable notice.

3.3 Payment Methods

Accepted payment methods will be communicated at the time of booking. All payments are due as specified in your session agreement.

4. SMS Text Messaging Terms

4.1 Program Description

Heart of Gold Photography offers an SMS messaging program called "Heart of Gold Photography SMS Updates." By opting in, you agree to receive recurring automated text messages from Heart of Gold Photography.

4.2 Message Types

Messages may include: session availability alerts, booking confirmations, session reminders, exclusive mini-session announcements, promotional offers, and studio news.

4.3 Message Frequency

Message frequency varies. You may receive up to 4 messages per month. Frequency may increase during special promotions or mini-session announcements.

4.4 Message and Data Rates

Message and data rates may apply depending on your mobile carrier plan. Heart of Gold Photography is not responsible for any charges incurred from your mobile carrier in connection with receiving our messages.

4.5 How to Opt Out

You may opt out of receiving SMS messages at any time by replying STOP to any message from us. After sending STOP, you will receive one final confirmation message and no further messages will be sent. You may re-subscribe at any time by texting START or by re-submitting your phone number through our website.

4.6 Help

For assistance with our SMS program, reply HELP to any message, or contact us at info@hrtofgoldphoto.com or (859) 667-8104.

4.7 Consent Not Required for Purchase

Consent to receive SMS messages is not a condition of purchasing any photography service from Heart of Gold Photography. You may book a session and receive all of our services without providing SMS consent.

4.8 No Third-Party Sharing

We will not share your mobile phone number or SMS consent data with any third party for their marketing purposes. Your information is used solely to communicate with you on behalf of Heart of Gold Photography.

4.9 Carrier Liability

Carriers (such as AT&T, Verizon, T-Mobile, etc.) are not liable for delayed or undelivered messages. Delivery of messages is subject to your carrier's network availability.

4.10 Age Requirement

Our SMS program is available only to individuals who are 18 years of age or older. By opting in, you confirm that you meet this age requirement.

5. Intellectual Property and Image Rights

5.1 Copyright

All photographs taken by Heart of Gold Photography are the intellectual property of Heart of Gold Photography and are protected by copyright law. The purchase of prints or digital files grants you a personal use license only.

5.2 Personal Use License

Your personal use license allows you to print, display, and share your images for personal, non-commercial purposes. Commercial use of any images requires a separate written agreement.

5.3 Portfolio Use

Heart of Gold Photography reserves the right to use session images for portfolio, marketing, and promotional purposes unless you request otherwise in writing at the time of booking.

6. Limitation of Liability

Heart of Gold Photography's liability for any claim arising from our services shall not exceed the amount paid by you for the specific session giving rise to the claim. We are not liable for any indirect, incidental, special, or consequential damages.

In the unlikely event of equipment failure, illness, or other circumstances beyond our control that prevent us from completing a session, our liability shall be limited to a full refund of any amounts paid.

7. Indemnification

You agree to indemnify and hold harmless Heart of Gold Photography, its owner, employees, and agents from any claims, damages, or expenses arising from your use of our services or your violation of these Terms.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Fayette County, Kentucky.

9. Changes to These Terms

We reserve the right to update these Terms at any time. When we do, we will revise the "Last Updated" date at the top of this page. Your continued use of our website or services after any changes constitutes your acceptance of the updated Terms.

10. Contact Us

If you have any questions about these Terms of Service, please contact us: