Terms of Sale
Last Updated 5/20/2023
All TERMS OF SALE listed here are applicable to the purchasing of any images, prints, canvases, imaging services, Media and/or other Product(s) available through Taylor Art Photos (TAP) online store. The TERMS OF SALE may not be altered or amended in any way through the use of any other document, such as purchase orders, emails, etc. A separate written agreement between the customer and TAP must be validated and signed if any alterations or amendments to the TERMS OF SALE are instituted. In the event of conflict between TERMS OF SALE and provisions stated in the TERMS OF USE, the document TERMS OF SALE will govern control conditions of all Products.
TAP Media Inc, also known as Taylor Art Sports, Taylor Art Photos and Tap Creative facilitates purchasing of Products manufactured through its relationship with its party vendors. Purchasing of these Products, will constitute your personal acknowledgement that through the manufacturing, printing, etc. of these any of the available Media and/or physical medium Products is performed by said vendors, and that TAP Media Inc. role is solely to facilitate and support these vendors for each order pursuant to these TERMS OF SALE.
PRICING & PAYMENT TERMS
Purchasing of Media, Products, and/or Services through any of TAP Media Inc. online portals requires that the customer provide valid Payment Information as required by the online store. TAP Media Inc. reserves the right to terminate a customer’s order for any and all purchases where we are unable to process your provided Payment Information and you do not provide an alternative payment form upon TAP Media and/or associated affiliates written request.
The TERMS OF SALE requires the customer agrees to financially reimburse TAP Media Inc. for all costs incurred during the collecting of amounts owed by the customer to either TAP Media Inc. or third-party vendor including, without limitation, attorneys’ fees and costs of any collection agency used.
The customer is solely responsible for any taxes that they are obligated to pay, or that TAP is required to collect related to any purchase of Media and/or Product(s). If you the customer do not pay the required sales and/or other taxes or fees at the time of transaction, you the customer will be solely responsible for the taxes and/or fees if they are later determined to be payable for the sale of Media and/or Product(s). TAP reserves the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions, TAP may be required to collect and subsequently remit sales tax relating to any purchase of Media or Product(s). These taxes shall be then added directly to the purchase price of the Media and/or Product(s) and will be included on the respective invoice and/or receipt.
GROUP PHOTOS - (Sports Team, Theatre Groups, Large Event Images)
Team images and larger groups are planned and created in advance with an associate in connection with the organization. Due to the volume, it is at the discretion of the photographer if images can be changed or modified. This request will also need to take place during the first week of proofs being released and will be at the discretion of the photographer if the adjustments can be completed. Requests need to sent to Kevin@taylorartphotos.com, along with the session information.
Group photos in packages have restrictions on edits based on the package ordered. Please review your package to see if it is eligible for post session edits.
TAP Media Inc. Reserves the right to set a booking fee and/or other agreement stated to schedule group sessions.
RECEIVING IMAGES - Proofs are sent via email upon completion of proofs. Images are sent to the email provided upon ordering. Images sent are either from Taylorartphotos@gmail.com and/or Kevin@taylorartphotos.com via proof viewing service. TAP Media Inc, Tap Creative, Taylor Art Sports and/or Taylor Art Photos does not assume liability for missing emails that are sent and not received due to spam profiles within email services. Email links have a standard time frame of six weeks for orders. In the event images aren’t downloaded in the required time, Taylor Art Sports and Taylor Art Photos are not required to resend link. It us up to the discretion of Taylor Art Photos / Taylor Art Sports to resend, if images are still available or third party vendor services are still in use.
RAW, PSD images are not available in standard orders. In the event this is required, a discussion with the photographer is required and also their discretion if these files will be available.
PHOTO DOWNLOADS; SHIPPING TERMS AND POLICIES
If any digital download of Media and/or Product(s) is included under purchase agreement, or contract, the download will be made available through TAP Media Sales Outlet upon receipt of valid Payment Information, or alternatively through an email address provided at the time of purchase. Downloads are only available once, and it is the responsibility of the customer to save the file following download. It is up to the discretion of TAP Media Inc. and/or associated affiliates if digital downloads are to be resent.
If any physical Media and/or Product(s) are purchased, TAP Media Inc. will use all commercially reasonable efforts in conjunction with third party vendors to ship all orders for such purchases within the estimated delivery time applicable and chosen by the customer presented at order checkout. The customer will not hold TAP liable for any delays in shipping.
TAP and its utilized vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. The customer accepts all financial responsibility for shipping charges, which will be included, shown, and available for view during the order process. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, TAP will contact you with the correct shipping costs before processing your order, and the customer will have an opportunity to cancel your order.
BOOKING PAYMENT & CANCELLATION POLICY
BOOKING: For all portrait sessions; a non-fundable session retainer is required to book and hold the date for your session and serves as a cancellation fee. However, the fee can be credited towards a future session upon the photographers approval. All remaining balances are due at the time of the session.
PAYMENT: All sessions and packages (plus taxes) can be paid via cash, check, PayPal, Amex, Visa or MasterCard. If a client pays by check, the check must clear and any uncleared check will have an additional charge of $35 to cover bank fees. The remainder at this time must be paid.
CANCELLATION POLICY: For portrait sessions, client forfeits their session retainer paid to book the session. As previously stated, the fee can be credited towards a future session if the client reschedules the appointment by calling 72 hours prior to the date of session and re-booking at an agreeable date and time.
CANCELLATION POLICY FOR POWDER SESSIONS: For scheduled Powder Sessions, client forfeits their session and fee if canceled within 120 hours prior to the date of the session. Due to the scheduling, product purchases and booking nature of these events it is difficult to fill vacated time slot in short notice. If extenuating circumstances arise, it is recommended the client contact Taylor Art Photos at 813-514-3510 or Kevin@taylorartphotos.com to go over such situation.
NON ARRIVAL FOR GROUP IMAGES: For group images and sessions, the session is scheduled by times for those involved. If the parent/guardian/individual does not show, they will forfeit their purchase. A reschedule is at the discretion of the photographer since the photographer has fulfilled their obligation to show to the event and also based on availability.
RETURN POLICY
Media and/or Product(s) that are purchased through the online store. If the physical product is damaged, please contact kevin@taylorartphotos.com immediately upon delivery. After 24 hours of product delivery, Taylor Art Photos will assume the product is at 100% satisfaction and the order completed.
EXCHANGE POLICY
TAP Media Inc and affiliates does not accept exchanges. If the incorrect size, incorrect print, or incorrect product is ordered, the customer is solely responsible for the costs of the product and its shipping costs billed at time of purchase.
IMAGE PROOFING
Upon completion of images that require proofing, changes or updates to the image need to arrive via email to kevin@taylorartphotos.com or designated online form. Due to the volume of work, text messaging and voice mail will not be accepted due to incorrect tracking and/or lack of clarity in communication.
PRODUCT AVAILABILITY AND PRICING
TAP and its vendors may revise or discontinue available Media and/or Product(s) at any time without prior notice. It is possible that these Media and/or Product(s) may become unavailable even after an order is place, in which case TAP will issue a full refund or replacement depending on the customer’s request. All prices are subject to change without notice.
PRODUCT DESCRIPTIONS, PRICING & ERRORS
TAP strives to maintain up-to-date and accurate information for all Media and/or Product(s) available through the online store, and strives to eliminate any errors. If any errors are detected, TAP encourages the customer to report such issues to Customer Service at kevin@taylorartphotos.com.
TAP does not guarantee that all Media and/or Product Descriptions, Photos, Prints, Pricing, or other photographic materials or services are complete, accurate, reliable, current, or error-free. All listed product weights and dimensions are approximate. The customer acknowledges that variation in applicable color and/or brightness can vary depending on type of device used to view the online store, and TAP cannot guarantee that your computer will accurately display all Media and/or Product colors and brightness.
TAP and its vendors reserve the right to format, manipulate, or modify any Media and/or Product(s) as required to satisfy each respective order.
In the event of any error, TAP reserves the right to remedy and correct such error and charge the correct price for the customer purchased Media and/or Product(s) or cancel the order. The customer’s sole course of action in event of such error is to cancel the order.
WARRANTIES
EACH CUSTOMER HAS THE RIGHT TO RETURN ANY ORDER UPON REVIEW OF PICTURES AT DELIVERY WITHIN A 24 HOUR REVIEW OF IMAGES. AFTER 24 HOURS UPON IMAGES SENT, THE IMAGES ARE DEEMED ACCEPTED BY THE PURCHASER. THIS CONSTITUTES THE EXTENT OF TAP’s SOLE AND EXCLUSIVE LIABILITY, REGARDING THE PURCHASE OF ANY MEDIA AND/OR PRODUCT(S) AVAILABLE THROUGH THE ONLINE STORE, AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, INCLUDED OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCT(S) UNLESS OTHERWISE STATED. ALL MEDIA AND/OR PRODUCTS MANUFACTURED WHERE AN EXTERNAL WARRANTY IS APPLICABLE SHALL BE SHARED WITH THE CUSTOMER. TAYLOR ART PHOTOS PROVIDES CUSTOMERS WITH SPECIFIC WARRANTIES DEPENDING ON PRODUCT TYPE (LISTED IMMEDIATELY BELOW). THESE WARRANTIES ARE CONSIDERED INVALID IF ANY DAMAGE OR DEFECT OCCURS TO THE PURCHASED PRODUCT THROUGH INCORRECT CARE AND HANDLING OF THE PRODUCT RESULTING IN DISCOLORATION, COLOR FADING, WRINKLES, FOLDS, SCRATCHES, LIQUID SPILLS OR STAINS, CLEANING MARKS, SCUFFS OR ANY OTHER MARKING, TEARS, BURNS, AND ANY ADDITIONAL PHYSICAL DEFECT OF SIMILAR NATURE. ALL WARRANTY CLAIMS SHOULD BE MADE THROUGH CONTACTING KEVIN@TAYLORARTPHOTOS.COM
Keep in mind that if tracking information states an order was delivered with the submitted information but the original purchaser thinks they haven't received it, we won't take responsibility and reship that order.
If the recipient's entered address is wrong, then you are held responsible. Usually, the package is sent back to the return address and the original purchaser will be responsible for updating your address so we can reship the product to the correct address. Additional shipping fees will apply.
If the package was marked as delivered by the carrier, but the customer reports they have yet to receive it, TAP will not be held responsible for the cost of the item or shipment.
There may be cases where the delivery was made, but the package was left in an unexpected location at the customer's address. Customers should reach out to the carrier and inquire if any additional details were left by the delivery person. For example: “Left under the table on the back porch."
If you are unable to locate the package, you will need to place a new order to have it reshipped. We're not yet able to assist with filing claims with shipping carriers but hope to do so in the future!
I hereby intend to be legally bound, for myself, my heirs, executors or administrators, waive any and all right and claim for damages I may have against Kevin Taylor, Erin Taylor, other photographer and Taylor Art Photos. By reading and signing, I undersigned, acknowledge, appreciate and agree that I knowingly and freely assume all such risks, both known and unknown and willingly agree to comply with the stated and customary terms and conditions for participation, if, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the photographer and/or representative immediately.
The purchaser/participant further consents and agrees that the undersigned will comply with all rules and regulations of any associated hotel, or venue both public or private (“Venue”). The undersigned further agrees that the undersigned will indemnify and hold harmless Tap against any damages caused by the undersigned to the Venue. Finally, the undersigned acknowledges that the undersigned’s failure to comply with any rule or regulation of the Venue in use may result in action against them from the Venue in use. I hereby grant TAP and/or any other TAP approved video or entertainment organization and all of their agents, successors, licensees and assigns, the right to photograph or otherwise reproduce (whether by film, tape, still photography or otherwise) my voice, appearance and name, and to exhibit, distribute, transmit, and/or otherwise exploit any and all media, including without limitation, by means of still photography, motion pictures, radio, television, television motion pictures, video, printing or digital or any other medium now known or hereafter devised, including with respect also to any merchandising, advertising and/or publicity, and the right to use my name and information about me in any connection with any of the foregoing. The rights granted by me hereunder are granted for the entire universe and shall endure in perpetuity and no further compensation shall be payable to me at any time in connection therewith unless agreed upon prior. I also understand that the aforementioned rights may be reassigned at any time without further consent. I understand that TAP and/or any TAP approved video or entertainment organization, are videotaping and photographing the event in express reliance upon the foregoing, and I represent and agree that I am free to grant the rights granted TAP and/or any TAP approved video or entertainment organization hereunder. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. FOR PARENTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF AGREEMENT) This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releases, and, for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releases from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FORM THE NEGLIGENCE OF THE RELEASES, to the fullest extent permitted by law.
I hereby intend to be legally bound, for myself, my heirs, executors or administrators, waive any and all right and claim for damages I may have against Kevin Taylor, Erin Taylor, TAP Media, other photographer(s) and Taylor Art Photos. By acknowledging in your purchase , I undersigned, acknowledge, appreciate and agree that I knowingly and freely assume all such risks, both known and unknown and willingly agree to comply with the stated and customary terms and conditions for participation, if, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the photographer and/or representative immediately.
TAP Media Inc. RETAINS ALL RIGHTS, LICENSE, COPYRIGHT, TITLE, DESCRIPTIONS, AND OWNERSHIP OF THE MEDIA CONTAINED WITHIN THESE PRODUCT(S).