Terms and Conditions
Effective Date: July 31, 2026 | Last Updated: July 31, 2026
Welcome to Kindwave Photography LLC ("Kindwave Photography," "we," "our," or "us"). These Website Terms and Conditions ("Terms") explain the rules for accessing and using kindwavephotography.com (the "Website"), including any information, galleries, and services made available through it.
Our goal is to make these Terms easy to understand. By using this Website, you agree to follow these Terms. If you do not agree with them, please do not use the Website.
These Terms govern the use of our Website only. If you hire Kindwave Photography LLC for photography services, your booking will also be governed by a separate Photography Service Agreement. If there is a conflict between these Terms and your signed Photography Service Agreement, the signed Photography Service Agreement will control for matters related to your photography session.
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# 1. About Kindwave Photography LLC
Kindwave Photography LLC is a Florida limited liability company that specializes in:
* Elopement photography
* Wedding photography
* Custom wedding albums
* Delivery of professionally edited photographs through secure online galleries
Although we are based in Florida, we may accept photography assignments in other locations.
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# 2. Acceptance of These Terms
By accessing or using this Website, you confirm that you:
* are at least 18 years old or are using the Website under the supervision of a parent or legal guardian;
* have the legal authority to enter into these Terms; and
* agree to comply with all applicable laws while using the Website.
If you do not agree with these Terms, please discontinue use of the Website.
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# 3. Changes to These Terms
We may update these Terms from time to time to reflect changes in our business, legal requirements, or Website features.
When we make significant changes, we will update the Effective Date shown at the top of this page.
Your continued use of the Website after changes are published means you accept the updated Terms.
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# 4. Website Use
You may use this Website only for lawful purposes.
You agree not to:
* violate any applicable law or regulation;
* interfere with the operation or security of the Website;
* introduce viruses, malware, or malicious software;
* attempt to gain unauthorized access to any part of the Website or its servers;
* copy, reproduce, or distribute Website content without written permission;
* use automated tools, bots, spiders, crawlers, or scripts to collect information from the Website except where expressly permitted by law.
We reserve the right to suspend or block access to anyone who violates these Terms.
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# 5. Intellectual Property
Unless otherwise stated, all content on this Website belongs to Kindwave Photography LLC or is used with permission.
This includes, but is not limited to:
* photographs
* artwork
* logos
* branding
* designs
* graphics
* videos
* blog posts
* written content
* Website layout
* downloadable materials
These materials are protected by United States copyright, trademark, and other intellectual property laws.
Nothing in these Terms transfers ownership of our intellectual property to you.
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# 6. Copyright in Photographs
Kindwave Photography LLC retains all copyrights and intellectual property rights in every photograph we create unless a separate written agreement expressly states otherwise.
Hiring us to photograph your wedding or elopement does not transfer copyright ownership.
Clients receive only the usage rights specifically described in their Photography Service Agreement.
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# 7. Personal Use License
Unless otherwise stated in writing, clients receive a limited, non-exclusive, non-transferable license to use their delivered photographs for personal, non-commercial purposes.
Examples of permitted personal use include:
* printing photographs for personal display;
* sharing photographs with family and friends;
* posting photographs on personal social media accounts;
* creating personal keepsakes.
This license does not permit:
* selling photographs;
* licensing photographs to another party;
* submitting photographs to advertisers, vendors, publications, or businesses without written permission;
* using photographs for commercial purposes;
* entering photographs into commercial contests without written approval.
Commercial use requires a separate written license from Kindwave Photography LLC.
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# 8. Client Permission to Use Images
Unless otherwise agreed in writing before the photography session, clients grant Kindwave Photography LLC a perpetual, worldwide, royalty-free license to display photographs from their session for lawful business purposes.
These purposes may include:
* our portfolio;
* our Website;
* social media;
* blog posts;
* printed marketing materials;
* photography competitions;
* educational presentations;
* professional publications;
* studio displays.
Clients who prefer their photographs not be used for these purposes must notify Kindwave Photography LLC in writing before their photography session.
If a client requests this in accordance with their Photography Service Agreement, we will honor that request.
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# 9. No Editing or Alteration
Clients may not substantially edit, manipulate, or alter our photographs in a manner that changes the artistic integrity of the work without our written permission.
Reasonable cropping or resizing for personal use is permitted.
Removing watermarks, logos, or copyright notices is prohibited.
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# 10. Artificial Intelligence and Automated Data Collection
Kindwave Photography LLC expressly prohibits the use of any content from this Website—including photographs, images, galleries, previews, text, metadata, branding, and other creative works—for the purpose of developing, training, testing, evaluating, improving, or operating artificial intelligence, machine learning, computer vision, generative AI, or similar technologies without our prior written permission.
You may not:
* scrape or harvest photographs or Website content;
* download images in bulk;
* create image datasets;
* index photographs for AI systems;
* use our work for model training or fine-tuning;
* use automated software to extract content from this Website;
* reproduce our work for AI-generated outputs;
* use our photographs as prompts, reference images, or source material for image-generation systems.
This prohibition applies whether the use is commercial, educational, nonprofit, governmental, research-based, or personal.
Any permission to use our photographs must be provided in writing by Kindwave Photography LLC.
Unauthorized use may violate copyright law, contract law, and other applicable laws.
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# 11. Trademarks
"Kindwave Photography," our logo, branding, and any associated marks are the property of Kindwave Photography LLC.
You may not use our trademarks in any manner that suggests sponsorship, endorsement, or affiliation without our prior written consent.
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## 12. Photography Services
The information on this Website is provided to help prospective clients learn about our photography services. Submitting an inquiry or contacting us through the Website does not create a client relationship or guarantee availability.
Photography services are considered booked only after all of the following have occurred:
* We have confirmed availability.
* Both parties have signed the applicable Photography Service Agreement.
* Any required retainer has been received.
* Any other booking requirements described in your Photography Service Agreement have been met.
Each booking is governed primarily by the signed Photography Service Agreement. Topics such as payment schedules, cancellations, rescheduling, delivery timelines, travel, force majeure, and other service-specific terms are addressed in that agreement.
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# 13. Pricing and Availability
Prices, packages, promotions, and availability displayed on this Website are subject to change without notice.
Quoted pricing is not guaranteed until your booking has been accepted and confirmed by Kindwave Photography LLC.
We reserve the right to:
* modify package offerings;
* discontinue services;
* update pricing;
* correct pricing errors or typographical mistakes.
Custom quotes and invoices may differ from published package pricing.
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# 14. Payments
Payments for photography services may be processed using trusted third-party payment providers.
By making a payment, you agree to the terms and policies of the applicable payment processor.
Kindwave Photography LLC does not store complete credit card or payment information on this Website.
Retainers, remaining balances, refunds, cancellations, and rescheduling policies are governed by your signed Photography Service Agreement.
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# 15. Online Galleries
Clients receive access to a secure online gallery containing the final edited photographs included with their photography package.
These galleries are provided for client convenience and may be hosted through trusted third-party gallery providers.
While we make every reasonable effort to maintain gallery availability, we cannot guarantee that online galleries will remain available indefinitely.
Clients are encouraged to download and safely back up all delivered photographs promptly after delivery.
Kindwave Photography LLC is not responsible for photographs lost due to a client's failure to download or back up their files after the gallery has been delivered.
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# 16. Wedding Albums
Custom wedding albums offered by Kindwave Photography LLC are produced and fulfilled by carefully selected third-party professional print laboratories.
While we oversee the design process and work with reputable album manufacturers, the physical production, shipping, and fulfillment of albums are performed by those third parties.
Actual colors, paper texture, cover materials, and finishes may vary slightly due to the manufacturing process and the differences between digital displays and printed products.
Production and shipping timelines are estimates and may be affected by circumstances outside our control.
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# 17. Third-Party Services
Our Website may contain links to or integrate services provided by third parties, including but not limited to:
* online galleries;
* payment processors;
* album manufacturers;
* scheduling tools;
* email communication platforms;
* social media platforms.
These third-party services operate independently from Kindwave Photography LLC.
We are not responsible for the content, privacy practices, security, availability, or policies of third-party websites or services.
Your use of those services is governed by their own terms and privacy policies.
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# 18. User Submissions
If you contact us through our Website, you agree that any information you provide is accurate and truthful.
You agree not to submit:
* unlawful content;
* defamatory or abusive material;
* spam;
* malicious code;
* copyrighted material you do not have permission to use;
* information that violates another person's rights.
By submitting inquiries or communications, you grant Kindwave Photography LLC permission to use that information solely for the purpose of responding to your inquiry, providing services, maintaining business records, or complying with legal obligations.
Submitting an inquiry does not transfer ownership of any intellectual property to Kindwave Photography LLC.
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# 19. Privacy
Your privacy matters to us.
Our collection and use of personal information are described in our Privacy Policy, which forms part of your use of this Website.
By using this Website, you acknowledge that we may collect information necessary to:
* respond to inquiries;
* communicate regarding photography services;
* process bookings and payments;
* improve our Website;
* comply with legal obligations.
Please review our Privacy Policy for additional information regarding how your personal information is collected, used, stored, and protected.
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# 20. Website Availability
We strive to keep this Website available and functioning properly.
However, we do not guarantee uninterrupted access.
The Website may occasionally become unavailable because of:
* scheduled maintenance;
* software updates;
* server failures;
* internet outages;
* security incidents;
* events beyond our reasonable control.
Kindwave Photography LLC is not responsible for losses resulting from temporary interruptions in Website availability.
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# 21. Educational and Informational Content
Any articles, blog posts, planning guides, checklists, timelines, or educational resources published on this Website are intended for general informational purposes only.
They should not be interpreted as legal, financial, tax, or professional advice.
You should consult an appropriate professional regarding your specific circumstances.
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# 22. Disclaimer of Warranties
This Website and all content provided through it are offered on an "as is" and "as available" basis.
To the fullest extent permitted by law, Kindwave Photography LLC disclaims all warranties, whether express or implied, including but not limited to warranties of:
* merchantability;
* fitness for a particular purpose;
* non-infringement;
* uninterrupted availability;
* accuracy;
* completeness;
* reliability.
While we make every reasonable effort to maintain accurate information, we do not guarantee that all content on this Website will always be current, complete, or free of errors.
Nothing on this Website should be interpreted as a guarantee of future availability, pricing, or photography services.
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# 23. Limitation of Liability
To the fullest extent permitted by applicable law, Kindwave Photography LLC, its owners, employees, contractors, affiliates, and representatives will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of this Website.
This includes, but is not limited to:
* loss of profits;
* loss of business opportunities;
* loss of data;
* interruption of business;
* computer or system failures;
* viruses or malicious software transmitted by third parties; or
* reliance on information published on this Website.
If Kindwave Photography LLC is found liable for any claim related solely to your use of this Website, our total liability will not exceed one hundred U.S. dollars (US $100.00) or the amount you paid directly through this Website in the twelve (12) months preceding the claim, whichever is greater.
Nothing in these Terms limits liability where such limitation is prohibited by law.
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# 24. Indemnification
You agree to defend, indemnify, and hold harmless Kindwave Photography LLC and its owners, employees, contractors, affiliates, and representatives from any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
* your violation of these Terms;
* your misuse of this Website;
* your violation of another person's rights;
* your violation of applicable law; or
* content or information you submit through this Website.
This obligation survives the termination of your use of the Website.
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# 25. Force Majeure
Kindwave Photography LLC is not responsible for delays, interruptions, or failures to perform obligations under these Terms when caused by events beyond our reasonable control.
Examples include, but are not limited to:
* severe weather;
* hurricanes;
* floods;
* fires;
* pandemics;
* public health emergencies;
* government actions;
* labor disputes;
* internet outages;
* utility failures;
* cyberattacks;
* acts of terrorism; or
* other events that could not reasonably have been anticipated or prevented.
Nothing in this section alters any force majeure provisions contained in your separate Photography Service Agreement.
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# 26. Dispute Resolution
We hope to resolve any concerns quickly and respectfully. If you have a question or complaint, we encourage you to contact us first so we can attempt to resolve the issue informally.
If a dispute cannot be resolved through informal discussions, it will be resolved by binding arbitration rather than in court, except where applicable law allows a claim to be brought in small claims court.
Arbitration will be administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules or other rules determined to apply to the dispute.
Unless the parties agree otherwise, arbitration will take place in the State of Florida.
The arbitrator's decision will be final and binding and may be entered as a judgment in any court with appropriate jurisdiction.
Each party will generally be responsible for its own attorneys' fees and costs unless the arbitrator awards otherwise or applicable law requires a different result.
Nothing in this section prevents either party from seeking temporary injunctive or equitable relief from a court when necessary to protect intellectual property rights, confidential information, or other rights that could be permanently harmed before arbitration can occur.
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# 27. Governing Law
These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles.
Any legal issue relating to the enforcement of an arbitration award or any matter not subject to arbitration will be governed by Florida law.
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# 28. Electronic Communications
By contacting Kindwave Photography LLC through this Website, email, or other electronic means, you consent to receive communications from us electronically.
Electronic communications satisfy any legal requirement that communications be in writing unless applicable law requires otherwise.
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# 29. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
The invalid provision will be interpreted as closely as possible to reflect its original intent while remaining enforceable under applicable law.
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# 30. No Waiver
If Kindwave Photography LLC does not immediately enforce a provision of these Terms, that does not waive our right to enforce that provision or any other provision later.
Any waiver must be made in writing and signed by an authorized representative of Kindwave Photography LLC.
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# 31. Entire Agreement
These Terms constitute the complete agreement between you and Kindwave Photography LLC regarding your use of this Website.
If you become a photography client, your signed Photography Service Agreement, together with any invoices, written amendments, and related documents, will govern the photography services you purchase. In the event of a conflict between these Terms and your Photography Service Agreement regarding photography services, the Photography Service Agreement will control.
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# 32. Changes to Our Website
We may modify, suspend, or discontinue any part of this Website or its features at any time without prior notice.
We are not obligated to continue offering any specific feature, page, gallery, or service through the Website.
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# 33. Contact Us
If you have questions about these Terms and Conditions, please contact us:
Kindwave Photography LLC
Email: [[email protected]]
Website: kindwavephotography.com
We welcome questions and will do our best to respond promptly.
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# Thank You
Thank you for visiting Kindwave Photography.
We appreciate your trust and are committed to providing an experience that is professional, respectful, and centered on preserving meaningful moments. These Terms are intended to clearly explain how our Website works and how we protect both our creative work and our visitors while maintaining a fair and transparent relationship with everyone who uses our site.
