Terms, Privacy & Legal

Welcome to the website of Bri Heard Photography (“Photographer,” “we,” “us,” or “our”). By accessing this website, creating an account, or booking any photographic service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, together with our Privacy Policy and Cookie Policy (collectively, the “Agreement”).

If you do not agree with any part of this Agreement, you must discontinue use of this website immediately. We reserve the right to refuse service to anyone at our sole discretion.

This Agreement constitutes a legally binding contract between you and Bri Heard Photography, a sole proprietorship registered in Gwinnett County, Georgia, United States. These terms apply to all visitors, users, clients, and any other persons who access or use the website or services.

Eligibility. You must be at least 18 years of age to book a session or create an account. Minors may be photographed with the written consent of a parent or legal guardian. By using this site, you represent and warrant that you are of legal age to form a binding contract.

Retainer. A non-refundable retainer fee is required to secure your session date. The retainer amount varies by session type and will be communicated at the time of booking. Your session date is not confirmed until the retainer is received.

Remaining Balance. The remaining session balance is due on or before the date of the session unless otherwise agreed upon in writing. Failure to pay the remaining balance before the session may result in cancellation.

Payment Methods. We accept payment via cash, personal check, Venmo, Zelle, CashApp, and other digital payment platforms as specified at the time of booking. Returned checks are subject to a $35 processing fee.

Session Confirmation. Upon receipt of the retainer, you will receive a confirmation email outlining the session details including date, time, location, and any special instructions. It is your responsibility to review this confirmation and notify us of any discrepancies within 48 hours.

Travel Fees. Sessions within 25 miles of Gwinnett County, Georgia are included in the session fee. Sessions beyond this radius may be subject to a travel fee, which will be communicated and agreed upon before booking.

Additional Charges. Requests for additional editing beyond the standard package, rush delivery, or special print orders will incur additional charges as quoted at the time of the request.

Copyright. All photographs produced during any session are the intellectual property of Bri Heard Photography and are protected under United States copyright law (Title 17, U.S. Code). The Photographer retains full copyright ownership of all images.

Personal Use License. Upon delivery of the final gallery, clients receive a non-exclusive, non-transferable, royalty-free license to use the images for personal, non-commercial purposes. This includes printing, sharing on personal social media accounts, and personal display. Credit to @briheardphotography is appreciated but not required for personal use.

Commercial Use. Use of images for any commercial purpose — including but not limited to advertising, marketing, product promotion, publication, or resale — requires a separate written commercial license agreement and additional licensing fees. Contact us directly to discuss commercial licensing.

Portfolio & Marketing Release. By booking a session, you grant Bri Heard Photography permission to use selected images from your session for portfolio display, website content, social media, advertising, print materials, and contest submissions. If you wish to opt out of this release, you must submit a written request prior to your session date. An additional “no-share” fee may apply.

Image Alteration. Clients may not alter, edit, apply filters to, or crop any delivered photographs. Doing so constitutes a violation of the copyright and this Agreement. The Photographer is not responsible for the quality of images that have been altered by the client or a third party.

Gallery Delivery. Edited photographs are delivered through a secure, password-protected online gallery. Standard delivery time is 2–3 weeks from the session date. Wedding galleries may take 4–8 weeks. Rush delivery is available for an additional fee. Online galleries remain active for 60 days from the delivery date; clients are responsible for downloading images before expiration.

Client-Initiated Rescheduling. Sessions may be rescheduled with a minimum of 48 hours advance notice at no additional charge. Rescheduling is subject to the Photographer’s availability. Each booking may be rescheduled a maximum of two (2) times before the retainer is forfeited.

Late Cancellations. Cancellations made fewer than 48 hours before the scheduled session will result in forfeiture of the retainer. No refund or credit will be issued.

No-Shows. If the client fails to appear at the agreed-upon location within 30 minutes of the scheduled start time without prior notice, the session will be considered a no-show. The retainer will be forfeited, and the remaining session balance will be due in full.

Weather-Related Rescheduling. Outdoor sessions impacted by inclement weather (rain, severe storms, extreme temperatures) may be rescheduled at no additional charge. The Photographer reserves the right to make the final determination on whether weather conditions warrant rescheduling.

Photographer Cancellation. In the rare event that the Photographer must cancel a session due to illness, emergency, or equipment failure, a full refund of all fees paid — including the retainer — will be issued, or the session will be rescheduled at the client’s convenience.

Personal Safety. Bri Heard Photography is not liable for any injury, illness, or damage to personal property occurring during any photography session. Clients are responsible for their own safety and the safety of minors, pets, and personal belongings at all times during the session.

Force Majeure. The Photographer is not liable for failure to perform due to circumstances beyond reasonable control, including but not limited to natural disasters, pandemics, government restrictions, acts of terrorism, civil unrest, or equipment failure caused by third-party service providers.

Data Loss. While we take extensive precautions to back up and protect your images, in the extremely unlikely event of catastrophic data loss (equipment theft, fire, hard drive failure), the Photographer’s liability is limited to a full refund of all fees paid for the affected session. The Photographer is not liable for any consequential, incidental, or special damages.

Maximum Liability. In no event shall the total liability of Bri Heard Photography exceed the total amount paid by the client for the specific session or service giving rise to the claim.

Website Disclaimer. This website and its content are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Bri Heard Photography is committed to protecting your personal information. This Privacy Policy describes how we collect, use, store, and disclose information obtained through this website and our photography services.

Information We Collect. We may collect the following categories of personal information:

• Identity Data: Full name, email address, phone number
• Session Data: Preferred dates, session type, event details, location preferences, special requests
• Account Data: Login credentials (email and hashed password), account preferences
• Review Data: Star ratings, written testimonials, display name
• Technical Data: IP address, browser type and version, operating system, referring URLs, time zone, page interaction data
• Communication Data: Messages sent through the contact form, email correspondence, booking inquiries

How We Use Your Information. We use collected information for the following purposes:

• Processing and managing your photography session bookings
• Communicating with you about your session, gallery delivery, and follow-ups
• Providing access to private client galleries
• Publishing reviews you voluntarily submit on the website
• Improving our website, services, and client experience
• Complying with legal obligations and resolving disputes

Data Sharing. We do not sell, rent, trade, or share your personal information with third parties for their marketing purposes. We may share information with:

• Service Providers: Hosting providers, cloud storage services, and email delivery services that assist in operating this website. These providers are contractually obligated to protect your data.
• Legal Requirements: When required by law, subpoena, court order, or governmental regulation.
• Business Transfer: In connection with a merger, acquisition, or sale of assets, your data may be transferred to the successor entity.

Data Retention. We retain personal information for as long as necessary to fulfill the purposes outlined in this policy, or as required by law. Contact form submissions are retained for 24 months. Client gallery data is retained for 12 months after gallery delivery. Account data is retained until you request deletion.

Data Security. We implement industry-standard security measures to protect your personal information, including encrypted data transmission (TLS/SSL), hashed passwords (bcrypt), rate-limited API endpoints, and server-side input validation and sanitization. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security.

Children’s Privacy. This website is not directed at children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have inadvertently collected such information, we will promptly delete it.

This website uses cookies and similar tracking technologies to enhance your browsing experience. A cookie is a small text file stored on your device when you visit a website.

Types of Cookies We Use:

• Strictly Necessary Cookies: Required for the website to function properly, including authentication session cookies and security tokens. These cannot be disabled.
• Functional Cookies: Remember your preferences and settings (such as login state) to provide a personalized experience.
• Analytical Cookies: If enabled, these help us understand how visitors interact with the website by collecting anonymous usage data (pages visited, time on site, navigation paths).

Managing Cookies. You can control and manage cookies through your browser settings. Most browsers allow you to block or delete cookies. Please note that disabling certain cookies may impact the functionality of this website, including the ability to log in and access private galleries.

Third-Party Cookies. We do not use third-party advertising cookies. If third-party analytical services are enabled (e.g., Google Analytics), those providers may set their own cookies subject to their respective privacy policies.

For European Economic Area (EEA) Residents — GDPR. If you are a resident of the EEA, you have the following rights regarding your personal data under the General Data Protection Regulation:

• Right of Access: Request a copy of the personal data we hold about you.
• Right to Rectification: Request correction of inaccurate or incomplete personal data.
• Right to Erasure: Request deletion of your personal data (“right to be forgotten”).
• Right to Restrict Processing: Request that we limit how we process your data.
• Right to Data Portability: Receive your personal data in a structured, machine-readable format.
• Right to Object: Object to processing based on legitimate interests or direct marketing.
• Right to Withdraw Consent: Withdraw consent at any time where processing is based on consent.

Our lawful bases for processing personal data include: (a) contractual necessity (processing your booking), (b) legitimate interests (improving our services and website), and (c) consent (reviews and marketing communications).

For California Residents — CCPA. Under the California Consumer Privacy Act, California residents have the right to:

• Know what personal information is being collected, used, shared, or sold
• Request deletion of personal information
• Opt out of the sale of personal information (note: we do not sell personal information)
• Non-discrimination for exercising CCPA rights

To exercise any of these rights, please contact us using the information provided at the bottom of this page. We will respond to verifiable requests within 30 days (GDPR) or 45 days (CCPA).

Notice & Cure Period. Before initiating any formal dispute resolution, you agree to first contact Bri Heard Photography in writing, describing the nature of the dispute and the relief sought. We will attempt to resolve the dispute informally within thirty (30) calendar days of receiving notice.

Binding Arbitration. If the dispute cannot be resolved informally, both parties agree to resolve the dispute through binding arbitration administered in Gwinnett County, Georgia, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator. The arbitrator’s decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

Class Action Waiver. You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Bri Heard Photography.

Jury Trial Waiver. Both parties waive any right to a jury trial in connection with any dispute arising out of or related to this Agreement.

Governing Law. This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions.

Statute of Limitations. Any claim or cause of action arising out of or related to these Terms or our services must be filed within one (1) year after the cause of action accrues. Claims filed after this period are permanently barred.

When using this website, you agree not to:

• Use the website for any unlawful purpose or in violation of any applicable local, state, national, or international law
• Attempt to gain unauthorized access to any portion of the website, other accounts, or computer systems
• Use automated scripts, bots, scrapers, or other automated means to access the website or extract data
• Submit false, misleading, defamatory, or fraudulent information through any form or feature
• Impersonate another person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the website, servers, or networks connected to the website
• Download, copy, redistribute, or commercially exploit photographs or content from this website without explicit written permission
• Post reviews that contain hate speech, threats, obscenity, spam, or content that is harassing or discriminatory

Violation of these prohibitions may result in immediate termination of your account and access to this website, and may expose you to civil and/or criminal liability.

We reserve the right to modify, update, or replace any part of this Agreement at any time. Changes will be effective immediately upon posting to this page, with the “Last updated” date revised accordingly. Your continued use of the website after any changes constitutes acceptance of those changes.

For material changes that significantly affect your rights, we will make reasonable efforts to provide notice, such as updating the date at the top of this page. It is your responsibility to review these terms periodically.

For questions, concerns, or requests related to these terms, our privacy practices, or your personal data, please contact us: