Terms of Service – Handiwork

Last Updated: August 28, 2025

These Terms of Service ("Terms") govern all handiwork, repair, and improvement services ("Services") provided by Timothy Herrera of Pro Home Photography ("we," "us," or "our") to you ("Client" or "you"). By scheduling or accepting our Services, you agree to be bound by these Terms.

1. Scope of Services & Estimates

We provide general handiwork services including, but not limited to, small repairs, property improvements, furniture assembly, and decorating assistance.

  • Estimates: We may provide a cost estimate for the requested work. This is an approximation based on the information you provide and our initial assessment. An estimate is not a fixed quote. The final cost may vary due to unforeseen circumstances, changes in project scope, or unexpected material costs.

  • Changes to Scope: If you request changes or additions to the work after an estimate has been provided, the cost and timeline will be adjusted accordingly. We will seek your approval for any significant changes before proceeding.

2. Client Responsibilities

To ensure the work can be completed safely and efficiently, you agree to:

  • Provide clear and safe access to the work area.

  • Remove any personal items, fragile objects, or obstructions from the work area prior to our arrival.

  • Secure any pets to prevent interference or injury.

  • Inform us of any known pre-existing conditions that may affect the work, such as faulty wiring, plumbing issues, or structural problems.

3. Materials & Supplies

  • Client-Supplied Materials: If you provide the materials, you are responsible for ensuring they are the correct type, size, and quantity. We are not liable for issues arising from defective or incorrect client-supplied materials.

  • Our-Supplied Materials: We can purchase necessary materials for the project. The cost of these materials, plus a standard sourcing fee, will be added to your final invoice. We will provide receipts for all materials purchased upon request.

4. Payment Terms

  • Payment Due: Full payment is due upon completion of the Services, unless otherwise agreed upon in writing.

  • Accepted Methods: We accept payment via cash, check, and major credit cards.

  • Late Payments: Invoices not paid within 15 days of the due date are subject to a late fee of 5% per month.

5. Cancellations & Rescheduling

We require at least 24 hours' notice for any cancellation or rescheduling of a service appointment. Appointments canceled with less than 24 hours' notice may be subject to a cancellation fee.

6. Limited Warranty on Workmanship

We provide a 30-day warranty on our workmanship. This means we will correct, at no additional labor cost, any defects directly caused by our installation or repair work that are reported to us within 30 days of service completion.

This warranty does not cover:

  • Materials, parts, or equipment (which are subject to manufacturer warranties).

  • Normal wear and tear.

  • Damage caused by misuse, abuse, or failure to perform routine maintenance.

  • Pre-existing conditions or issues not related to our work.

7. Limitation of Liability

To the fullest extent permitted by Oregon law, Pro Home Photography shall not be liable for any indirect, incidental, or consequential damages, including but not limited to damage to property not part of the immediate work area, or for issues arising from pre-existing conditions. Our total liability for any claim arising from our Services is limited to the total amount paid by you for the specific Services rendered.

8. Governing Law

These Terms shall be governed by the laws of the State of Oregon. Any legal action or proceeding related to these Terms shall be brought exclusively in the state or federal courts located in Lane County, Oregon.

9. Contact Us

If you have any questions about these Terms, please contact us before scheduling your service.

  • Email: therrera@prohomephotography.com

Terms of Service – Photography

Last Updated: August 28, 2025

This agreement ("Agreement") is between Pro Home Photography ("Photographer") and you ("Client"). By booking a session and paying the required deposit, you acknowledge that you have the authority to enter into this Agreement and agree to be bound by its terms.

1. Booking, Fees, and Payment

Deposit: A non-refundable deposit of $50 is required to secure your appointment. This deposit will be applied to your final invoice.

  • Final Payment: The remaining balance is due in full on the day of the scheduled photoshoot.

  • Payment Processing: We use Acuity Scheduling and Square for secure booking and payment processing. We accept all major credit/debit cards and mobile wallets like Apple Pay and Google Pay.

  • Late Payments: Invoices not paid by the due date will incur a late fee of $25. A subsequent fee of 5% of the total invoice may be applied for every 30 days the invoice remains unpaid.

  • Image Release: No images will be delivered, and no usage rights are granted, until the invoice has been paid in full. Any use of images before full payment will be considered unauthorized use and will incur a penalty fee of double the total invoice amount.

2. Cancellations, Rescheduling, and Weather

  • Cancellation/Rescheduling: To receive a full refund of your deposit, cancellations or rescheduling requests must be made at least 24 hours before the scheduled appointment.

  • Late Cancellation: Cancellations made with less than 24 hours' notice will result in the forfeiture of the deposit.

  • No-Show: If the Client is not at the property and the Photographer is unable to gain access, it will be treated as a late cancellation, and the Client will be billed for 50% of the total scheduled service fee.

  • Weather: If inclement weather prevents the photoshoot, the Photographer will work with the Client to reschedule at the earliest available opportunity at no additional charge.

3. The Photoshoot & Property Readiness

  • Client Responsibility: The Client is responsible for ensuring the property is clean, staged, and ready for photography at the scheduled time. The Photographer is not responsible for cleaning, decluttering, or staging.

  • Access & Safety: The Client must ensure the Photographer has safe and legal access to all areas of the property being photographed. It is the Client’s responsibility to obtain any necessary property owner permissions.

  • Exclusivity: No other professional photographers or videographers are permitted to be operating at the same time unless explicitly agreed upon in writing.

4. Services & Delivery

  • Delivery Timeline: Standard photography stills, virtual tours, and video tours will be delivered via a digital link within 24 hours of the photoshoot. A 25% refund will be issued if this deadline is missed.

  • Additional Services: Add-on services like 2D/3D floor plans or virtual staging are not subject to the 24-hour guarantee and will be delivered as soon as possible.

  • Editing & Style: All images will be edited at the Photographer’s professional discretion. Standard editing includes color correction, light adjustments, and sharpening. Advanced editing (e.g., object removal, significant retouching) is available for an additional fee of $35 per image.

  • Shot Lists: The Client is encouraged to provide a "shot list" of specific required images before the photoshoot.

5. Image Rights & Usage (Licensing)

  • Copyright Ownership: Pro Home Photography is the sole and exclusive owner of the copyright of all images and videos created. All rights not expressly granted to the Client are reserved by the Photographer. The Photographer retains the right to use the images for self-promotion (e.g., portfolio, website, social media).

  • Grant of License: Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the images for the specific purpose of marketing the property.

  • Permitted Uses: The license permits the Client to use the images for MLS listings, their personal and business websites, and social media for the sole purpose of marketing the property.

  • Prohibited Uses: The Client may not sell, trade, or transfer the images to any third party (including homeowners, builders, stagers, or other agents) without written permission. The images may not be altered, edited, or manipulated in any way.

  • License Term: The license is valid for the duration the property is actively listed for sale by the current Client, not to exceed one year from the date of delivery.

  • Social Media Credit: When posting on social media, credit to Pro Home Photography is required.

6. Limitation of Liability, Indemnification & Legal

  • Failure to Perform: If the Photographer is unable to perform this Agreement due to illness, unforeseen circumstances, or any cause beyond their control, the Photographer shall return any fees paid by the Client but shall have no further liability. In the event of equipment failure or loss of images, the Photographer's liability is limited to the total value of the contract.

  • Indemnification: The Client agrees to indemnify and hold harmless the Photographer from any and all claims, liabilities, and expenses arising from the Client's use of the images.

  • Archiving: The Client is responsible for downloading and archiving the images. The Photographer is not obligated to store images beyond the initial delivery, and a $100 fee may apply for requests to re-upload an image gallery.

  • Governing Law: This Agreement shall be governed by the laws of the State of Oregon. Any legal action shall be held in the courts of Lane County, Oregon.

7. Communications

All official communications, including changes to dates, locations, or services, must be made in writing via email to therrera@prohomephotography.com. The Photographer is not liable for requests or changes communicated via text message or social media.

Terms of Service – Online Shop

Last Updated: August 28, 2025

Please read these Terms of Service ("Terms") carefully before accessing or using the website and online shop of Pro Home Photography ("we," "us," or "our").

1. Agreement to Terms

By accessing our website, purchasing products, or using our services, you ("you" or "the user") agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you are prohibited from using this website.

2. Eligibility

You must be at least 18 years of age or the age of legal majority in your jurisdiction to make a purchase from our online shop. By placing an order, you represent and warrant that you meet this requirement.

3. Online Shop, Products, and Third-Party Fulfillment

a. Product Information: We strive to provide accurate product information, including descriptions and pricing. However, we do not warrant that all information is complete, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

b. Third-Party Fulfillment: Our online shop operates on a print-on-demand basis. All products are manufactured and fulfilled by our partner, Printful. When you place an order, you acknowledge and agree that:

  • Order fulfillment, manufacturing, shipping, and delivery are managed by Printful.

  • Your purchase is also subject to Printful’s terms, policies, and conditions.

  • Responsibility for product quality, shipping times, and delivery rests with Printful.

c. Returns, Refunds, and Exchanges: Because products are custom-made by Printful, all sales are final through Pro Home Photography. We do not process returns or exchanges directly. Any requests for returns, refunds, or exchanges due to misprinted, damaged, or defective items must be directed to Printful according to their policies. Please review Printful’s return policy before placing an order.

4. Orders and Payments

a. Order Placement: Placing an order constitutes an offer to purchase a product. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product information or pricing, or suspicion of fraudulent activity.

b. Payment Processing: All payments are processed securely through our e-commerce platform provider, Squarespace. We do not store or have direct access to your credit card information.

5. User Conduct and Responsibilities

You agree to use our website only for lawful purposes. You agree not to:

  • Use the site in any way that could damage, disable, or impair the server or interfere with another party's use of the site.

  • Attempt to gain unauthorized access to any part of the website, its systems, or networks.

  • Use any automated means, such as scripts or bots, to access or scrape our website's content.

6. Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, digital downloads, and software, is the property of Pro Home Photography or its content suppliers and is protected by United States and international copyright and other intellectual property laws. You may not use, reproduce, or distribute any content from this site without our express written permission.

7. Disclaimer of Warranties

THIS WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRO HOME PHOTOGRAPHY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY OREGON LAW, IN NO EVENT SHALL PRO HOME PHOTOGRAPHY, ITS OWNER, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OF THE WEBSITE; (B) YOUR PURCHASE OR USE OF ANY PRODUCTS; OR (C) ANY DEFECTS, DELAYS, OR FAILURES IN PRODUCTS OR SERVICES PROVIDED BY OUR THIRD-PARTY FULFILLMENT PARTNER (PRINTFUL).

9. Changes to Terms of Service

We reserve the right to modify or replace these Terms at any time in our sole discretion. We will indicate the date of the latest revision at the top of this page. Your continued use of our website after any changes constitutes your acceptance of the new Terms.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the website shall be instituted exclusively in the federal or state courts located in Lane County, Oregon.

11. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us at therrera@prohomephotography.com.