Terms of Service

These Terms of Service ("Terms") govern all photography services provided by Mallonworks, LLC ("Photographer," "we," "us") to any individual or organization booking services ("Client," "you"). By booking a session or engaging our services, you agree to these Terms. Specific written agreements for individual projects may supplement or supersede portions of these Terms.

1. Services

Mallonworks, LLC provides photography services including but not limited to real estate and aerial (drone) photography, portrait sessions, event coverage, and creative/editorial work. The specific scope of each engagement — including session duration, number of edited images, delivery timeline, and fees — will be agreed upon in writing (email is sufficient) before the session date.

2. Booking & Payment

• A booking is confirmed once the session details are agreed upon in writing and any required retainer is received.
• Unless otherwise agreed, payment in full is due upon delivery of the final images.
• Accepted payment methods will be specified at the time of booking.
• Complimentary or portfolio-building sessions are provided at the Photographer's discretion and are governed by these same Terms, with image usage rights serving as consideration.

3. Cancellation & Rescheduling

• Either party may reschedule with at least 48 hours' notice at no penalty.
• Cancellations by the Client with less than 48 hours' notice may forfeit any retainer paid.
• Weather-dependent sessions (including all drone and outdoor work) may be rescheduled by the Photographer without penalty when conditions are unsafe or would materially compromise image quality.
• If the Photographer must cancel for any reason, any retainer will be fully refunded or applied to a rescheduled date at the Client's choice.

4. Image Delivery

• Edited images will be delivered digitally via download link unless otherwise agreed.
• Standard delivery timelines will be communicated at booking. Rush delivery may be available for an additional fee.
• The number of final edited images is specified per engagement. Raw, unedited files are not included in any deliverable and are not available for purchase unless explicitly agreed in writing.
• Delivered files will be retained by the Photographer for a minimum of 90 days after delivery. Clients are responsible for downloading and backing up their images.

5. Copyright & Licensing

All photographs created by Mallonworks, LLC are the intellectual property of the Photographer and are protected by copyright law. Upon full payment, the Client receives a license to use the delivered images as follows:

• Real estate clients: a license to use delivered images for the marketing and sale of the specific listed property, including MLS, listing sites, social media, and print marketing. The license does not extend to third parties (e.g., stagers, builders, or publications) without separate written agreement.
• Portrait clients: a personal-use license covering printing, sharing, and posting of delivered images. Commercial use of portrait images requires separate written agreement.
• Commercial and editorial clients: licensing terms will be specified per engagement.

Clients may not edit, filter, or alter delivered images beyond basic cropping without permission, and may not remove any embedded metadata or claim authorship of the images.

6. Photographer's Portfolio Use

Unless otherwise agreed in writing before the session, the Photographer retains the right to use any images created during an engagement for portfolio, website, social media, marketing, and competitive purposes. Clients who require confidentiality (e.g., off-market listings, private events) should request a confidentiality provision at booking.

7. Model Releases

Sessions involving identifiable people may require a signed model release, particularly for portfolio-building or promotional use. For complimentary sessions, the grant of image usage rights serves as consideration for the session. Minors may only be photographed with the written consent of a parent or legal guardian.

8. Drone Operations

• All aerial photography is conducted in accordance with FAA regulations under 14 CFR Part 107.
• Drone flights are subject to airspace authorization, weather conditions, and site-specific safety assessments. If a planned aerial component cannot be safely or legally flown, the Photographer will notify the Client and adjust the deliverables or fee accordingly.
• The Client is responsible for obtaining any property-owner permissions required for takeoff and landing locations on private property not owned by the Client.

9. Client Responsibilities

• For real estate sessions, the property should be photo-ready at the scheduled time. Additional time required due to property readiness may incur additional fees or reduce coverage.
• Clients are responsible for securing any permissions or permits required for the session location, other than drone airspace authorizations, which the Photographer handles.
• The Client will disclose any known site hazards before the session.

10. Limitation of Liability

In the unlikely event of total photographic loss (e.g., equipment failure, memory card corruption, illness) before delivery, the Photographer's liability is limited to a full refund of fees paid or a complimentary reshoot, at the Client's choice. The Photographer is not liable for indirect or consequential damages, including lost profits or missed marketing windows. Nothing in these Terms limits liability that cannot be limited by law.

11. Creative Discretion

The Client engages the Photographer for their editing style and creative judgment as represented in the Photographer's portfolio. Reasonable revision requests on delivered images will be accommodated; wholesale re-edits in a different style are not included in standard engagements.

12. Governing Law

These Terms are governed by the laws of the State of Texas. Any disputes will be resolved in the courts of Dallas County, Texas.

13. Changes to These Terms

These Terms may be updated from time to time. The version in effect at the time of booking governs that engagement.