Terms & Conditions
Bryan Ham Photography LLC
Welcome to bryanham.com, operated by Bryan Ham Photography LLC, d/b/a BMH Media ("BMH Media," "we," "us," or "our"). These Terms & Conditions ("Terms") govern your use of the Site and any photography, videography, or related creative services you book with us (the "Services"). By using the Site or booking Services, you agree to these Terms. If you do not agree, please do not use the Site or book Services.
1. Who May Use This Site
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to book Services or enter into a contract with BMH Media. If you are booking on behalf of a minor (for example, a family portrait session), you confirm you are the parent or legal guardian and are authorized to agree to these Terms on the minor's behalf.
2. Our Services
BMH Media provides photography, videography, and related creative services, including but not limited to portrait, model/swimwear, couples, personal branding, editorial, and travel/brand content. Specific deliverables, timelines, pricing, and usage rights for a given booking are set out in the individual service contract or booking agreement you sign with us, which supplements and takes precedence over these general Terms in the event of a conflict.
We may update, add to, or discontinue any Service, package, or pricing at any time. Changes will not affect Services already booked and confirmed under a signed contract.
3. Bookings, Quotes & Payment
- All bookings are confirmed only once a signed contract and any required retainer/deposit have been received.
- Quotes are valid for [30] days unless otherwise stated.
- Accepted payment methods, deposit amounts, and balance due dates are specified in your individual contract or invoice (issued via HoneyBook or Studio Ninja).
- Late or missed payments may result in delayed delivery, session postponement, or cancellation, as detailed in your service contract.
4. Cancellations & Rescheduling
Cancellation, rescheduling, and weather/force majeure policies are set out in your individual service contract. In general:
- Deposits are non-refundable once a booking is confirmed, as they reserve our time and turn away other clients.
- Rescheduling requests should be made as early as possible and are subject to availability.
- BMH Media reserves the right to reschedule or cancel a session due to illness, safety concerns, or circumstances beyond our control, in which case we will work with you in good faith to find a new date or issue an appropriate refund/credit per your contract terms.
5. Image & Video Usage Rights
- Ownership of copyright in all photographs and video content created by BMH Media remains with Bryan Ham Photography LLC unless otherwise agreed in writing.
- Clients receive a usage license as described in their individual contract (e.g., personal use, commercial use, or specific licensed use). Any use beyond what is licensed requires our written permission.
- Where a session involves a model release, talent release, or similar agreement, the terms of that release govern how images/video may be used by BMH Media for portfolio, marketing, and promotional purposes.
- Unless a client has purchased exclusive rights or a buyout as specified in their contract, BMH Media retains the right to use resulting images and video for portfolio display, website, social media, and other promotional/marketing purposes.
- Clients who wish to opt out of promotional use may request this in writing prior to or at the time of booking; such requests are subject to the terms of the individual contract.
6. Delivery of Final Work
Estimated turnaround times for edited photos and video are provided at booking and in your contract. Delivery timelines are estimates, not guarantees, and may be affected by factors such as session complexity, revision requests, or circumstances beyond our control. We will communicate proactively if a delay is expected.
7. Client Conduct & Site Use
When using the Site or working with us, you agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms;
- Attempt to copy, scrape, or reproduce Site content without permission;
- Interfere with the security or normal operation of the Site;
- Behave in a manner toward BMH Media staff, contractors, or other clients that is abusive, unsafe, or discriminatory during a session or shoot.
We reserve the right to refuse service, end a session early, or decline future bookings in cases of unsafe, abusive, or unlawful conduct.
8. Intellectual Property
All content on the Site — including text, graphics, logos, branding, and design elements — is the property of BMH Media or its licensors and is protected by applicable copyright and trademark laws. You may not use, reproduce, or distribute this content without our prior written consent, except as necessary to view the Site for your own personal, non-commercial reference.
9. Warranties & Limitation of Liability
BMH Media provides Services with reasonable skill and care consistent with professional industry standards. However:
- The Site and its content are provided "as is" without warranties of any kind, express or implied, except as required by law.
- BMH Media is not liable for indirect, incidental, or consequential damages arising from use of the Site or the Services, to the maximum extent permitted by law.
- Our total liability for any claim relating to a booked Service is limited to the amount paid by the client for that specific Service, except where limitation of liability is not permitted by law.
- Equipment failure, data loss, illness, accident, or other circumstances beyond our reasonable control that affect a shoot are addressed in the applicable service contract.
10. Third-Party Links & Tools
The Site may link to or integrate with third-party platforms (for example, booking, payment, or client-management tools such as HoneyBook or Studio Ninja). BMH Media is not responsible for the content, policies, or practices of these third parties. Your use of any third-party tool is subject to that provider's own terms and privacy policy.
11. Privacy
Our collection and use of personal information is described in our [Privacy Policy]. By using the Site or booking Services, you also agree to the terms of that policy.
12. Changes to These Terms
We may revise these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. The updated version will be posted on this page with a revised "Last updated" date. Continued use of the Site or Services after changes are posted constitutes acceptance of the revised Terms.
13. Governing Law
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of laws principles, unless otherwise required by applicable law. Any disputes arising under these Terms shall be resolved in the state or federal courts located in South Carolina, unless otherwise agreed in a specific service contract.
14. Contact Us
If you have questions about these Terms, please contact us at:
**Bryan Ham Photography LLC
Email: info@bryanham.com
Website: bryanham.com
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This document provides general Terms & Conditions for informational purposes. It is not a substitute for legal advice. We recommend having these Terms reviewed by a licensed attorney in your jurisdiction before publishing, particularly regarding image usage rights, liability limitations, and any state-specific requirements for South Carolina and the other markets you operate in (Nevada, Florida, New York, and internationally).*