Effective Date: 01/01/2026

 

WEBSITE, SERVICES, & COMMUNICATIONS

These Terms of Service govern your use of the Dahlberg Portraits website, services, and communications, including SMS messaging. By submitting your information, booking a session, or communicating with us, you agree to these Terms.

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1. Contact Information

Dahlberg Portraits
404 Main St
Ames, IA 50010
United States
Phone: +1 515-203-1209

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2. Use of Our Services

By using our website or services, you agree to provide accurate and complete information. You agree not to misuse our website, forms, or communication channels.

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We reserve the right to update these Terms at any time. Continued use of our services after updates are posted constitutes acceptance of the revised Terms.

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3. SMS Messaging and Consent

By providing your mobile phone number through our website and opting in to receive SMS communications, you consent to receive text messages from Dahlberg Portraits.

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SMS messages may include:

• Appointment confirmations

• Appointment reminders

• Session preparation details

• Follow-up communications

• Promotional messages (only if you have explicitly opted in)

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Message frequency may vary. Message and data rates may apply.

You may reply STOP at any time to unsubscribe from SMS messages. You may reply HELP for assistance.

Consent to receive SMS messages is not required as a condition of purchasing services.

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4. Marketing Communications

Promotional SMS messages are sent only to individuals who have explicitly opted in. You may withdraw your consent at any time by replying STOP to any SMS message.

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5. Third-Party Service Providers

We may use trusted third-party providers to assist in operating our website, scheduling sessions, and delivering SMS communications. These providers are authorized to use your information only as necessary to perform services on our behalf.

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6. Limitation of Liability

Dahlberg Portraits is not responsible for delays or failures in SMS delivery caused by mobile carriers or third-party service providers.

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7. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on our website with a revised effective date.

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ONLINE ORDERING

These Terms of Service ("Terms") govern the ordering, purchase, and delivery of portrait photography services and related products (collectively, the "Services") through the online ordering interface (the "Platform") operated by Andrea Dahlberg Photography ("Artist"). By placing an order through the Platform, the client ("Client") acknowledges that the Client has read, understood, and agrees to be bound by these Terms in their entirety. If the Client does not agree to these Terms, the Client shall not place any order through the Platform.

 

By placing an Order or otherwise using the Platform, the Client represents and warrants that the Client is at least eighteen (18) years of age (or the age of legal majority in the Client's jurisdiction, if higher) and has the legal capacity to enter into binding contracts. If placing an Order on behalf of a minor, the Client represents that the Client is the parent or legal guardian of such minor and agrees to be bound by these Terms on the minor's behalf.

 

The Client consents to receive all communications, agreements, notices, and disclosures electronically, including via email or through the Platform, in accordance with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.). The Client agrees that all such electronic communications satisfy any legal requirement that such communications be in writing. The Client is responsible for maintaining a valid email address and for regularly checking for communications from the Artist. The Client may withdraw consent to receive electronic communications by providing written notice to the Artist; provided, however, that withdrawal of such consent may result in the Artist's inability to process Orders or provide Services through the Platform.

 

1. Definitions

"Deliverables" means the finished portrait photographs, prints, digital files, or other products to be provided by the Artist to the Client as specified in the applicable Order.

 

"Due Date" means the date on which payment is due as set forth in the applicable invoice issued by the Artist.

 

"Order" means a request submitted by the Client through the Platform for the provision of Services, including all specifications, selections, and preferences indicated therein.

 

"Platform" means the online ordering interface operated by the Artist through which the Client may submit Orders and access information regarding the Services.

 

2. Orders and Service

2.1 Submission of an Order through the Platform constitutes an offer by the Client to purchase the Services described therein. No Order shall be binding upon the Artist until the Artist has issued a written confirmation of acceptance to the Client. The Artist reserves the right to decline any Order at the Artist's sole discretion, without obligation to state or justify any reason for such refusal.

 

2.2 The Client is solely responsible for the accuracy and completeness of all information provided in connection with an Order. The Artist shall not be liable for any errors, delays, or additional costs arising from inaccurate or incomplete information furnished by the Client.

 

2.3 Session dates and times shall be scheduled by mutual agreement between the Artist and the Client following acceptance of the Order. The Artist shall use commercially reasonable efforts to accommodate the Client's scheduling preferences but does not guarantee availability on any particular date or time.

 

3. Pricing and Payment

3.1 All prices for Services shall be as quoted on the Platform at the time the Order is submitted, unless otherwise agreed in writing by the Artist. Prices are exclusive of applicable taxes, shipping, and handling charges, which shall be the responsibility of the Client.

3.2 The Artist shall require a non-refundable deposit at the time of booking, the amount of which shall be specified at the time the Order is placed. The deposit secures the scheduled date and time, compensates the Artist for foregoing other booking opportunities, and shall be credited toward the total amount due for the Services.

 

3.3 Unless otherwise specified in writing by the Artist, the balance of all amounts owing shall be due and payable on or before the Due Date. Payment shall be made by such methods as are made available through the Platform or as otherwise directed by the Artist.

 

4. Late Fees and Interest on Delinquent Accounts

 4.1 In the event that any payment is not received by the Artist on or before the applicable Due Date, a late fee of 10% of the outstanding balance (or $200, whichever is greater) shall be assessed and shall become immediately due and payable by the Client.

 

4.2 Without limiting the foregoing, any amount remaining unpaid after the Due Date shall accrue interest at a rate of 10% per month (or the maximum rate permitted by applicable law, whichever is less), calculated on the outstanding balance from the day following the Due Date until the date of payment in full.

 

4.3 Interest charges assessed pursuant to Section 4.2 shall compound monthly. All late fees and accrued interest shall be added to the outstanding balance and shall themselves bear interest in accordance with this Section 4.

 

4.4 The Artist reserves the right to suspend performance of any Services and to withhold delivery of any Deliverables in the event that any amount owed by the Client is past due. Such suspension shall not relieve the Client of the obligation to pay all amounts owing, including any late fees and accrued interest.

 

4.5 In the event that the Artist engages a collection agency or initiates legal proceedings to recover any amounts due hereunder, the Client shall be liable for all reasonable costs of collection, including but not limited to collection agency fees, court costs, and attorneys' fees.

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5. Cancellations and Refunds

5.1 The Client may not cancel a confirmed Order due to the custom nature of the Order.
  

5.2 Cancellations made fewer than 14 days prior to the scheduled session date, or failure to appear at the scheduled session without prior notice ("No-Show"), shall result in forfeiture of all amounts paid, and the Client shall remain liable for the full balance of the Order. For purposes of this Section, arriving more than thirty (30) minutes late to a scheduled session without prior arrangement shall be treated as a No-Show.

 

5.3 The Artist reserves the right to cancel or reschedule any session due to circumstances beyond the Artist's reasonable control, including but not limited to illness, inclement weather, or equipment failure. In such event, the Artist shall offer the Client a rescheduled session or a full refund of all amounts paid.

 

6. Intellectual Property

6.1 All photographs, images, and other creative works produced by the Artist in connection with the Services are and shall remain the exclusive intellectual property of the Artist, protected by applicable copyright law. Unless otherwise agreed in writing, the Client receives a limited, non-exclusive, non-transferable, revocable, personal-use license to the Deliverables upon payment in full of all amounts due. Any license granted hereunder shall automatically terminate upon the Client's breach of these Terms or failure to pay any amounts when due.

 

6.2 The Client shall not reproduce, distribute, publicly display, modify, or create derivative works from the Deliverables for any commercial purpose without the prior written consent of the Artist.

 

6.3 The Artist retains the right to use any photographs produced in connection with the Services for portfolio, marketing, advertising, promotional, editorial, and social media purposes. This right is granted without additional compensation to the Client. The Client may request in writing, prior to the session, that certain images not be used publicly; the Artist shall honor such requests upon receipt and shall confirm compliance in writing within a reasonable time following the session. Any use of photographs for licensing to third parties shall require the Client's prior written consent.

 

6.4 By agreeing to these Terms, the Client grants to the Artist a non-exclusive, worldwide, royalty-free model release with respect to any photographs in which the Client appears, permitting the Artist to use, reproduce, publish, and distribute such photographs for portfolio, marketing, promotional, and editorial purposes. Use of such photographs for commercial licensing to third parties shall require the Client's prior written consent. With respect to photographs in which the Client's minor children appear, no use beyond the delivery of Deliverables to the Client shall be permitted without the Client's separate, express written consent, which may be withheld or revoked at any time. This model release shall survive termination of these Terms, except to the extent revoked by the Client with respect to minor children as provided herein.

 

7. Delivery

7.1 The Artist shall use commercially reasonable efforts to deliver the Deliverables within the estimated timeframe communicated to the Client. Delivery timelines are estimates only and shall not be deemed guaranteed unless expressly stated in writing by the Artist. Estimated delivery timelines shall be tolled during any period in which the Artist is awaiting the Client's response to proofs, selections, or requests for information.

 

7.2 Risk of loss or damage to physical Deliverables shall pass to the Client upon delivery to the carrier designated by the Artist. The Artist shall not be liable for any loss, damage, or delay caused by the carrier or shipping service.

 

8. Limitation of Liability

8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ARTIST'S TOTAL LIABILITY TO THE CLIENT ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT UNDER THE APPLICABLE ORDER. IN NO EVENT SHALL THE ARTIST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY.

 

8.2 The Artist makes no warranty, express or implied, regarding the artistic outcome of any session. The Client acknowledges that photography is a creative and subjective art form, and that the Artist's style, techniques, editing choices, and creative decisions are within the Artist's sole discretion. Subjective dissatisfaction with the aesthetic qualities, style, or creative direction of the Deliverables shall not constitute grounds for a refund, reduction in price, or any other remedy.

 

9. Indemnification

9.1 The Client shall indemnify, defend, and hold harmless the Artist and the Artist's agents, employees, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) the Client's breach of these Terms; (b) the Client's use of the Deliverables in a manner not authorized hereunder; or (c) any third-party claim arising from information or materials provided by the Client.

 

10. Platform Availability

10.1 The Platform is provided on an "as is" and "as available" basis. The Artist makes no representations or warranties of any kind, express or implied, regarding the operation, availability, or functionality of the Platform. The Artist does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

10.2 The Artist shall not be liable for any damages arising from the Client's inability to access or use the Platform, including any lost booking opportunities, regardless of the cause of such inability.

 

11. Force Majeure

11.1 The Artist shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure results from circumstances beyond the Artist's reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, war, terrorism, riots, civil unrest, government actions or orders, labor disputes, internet or telecommunications failures, power outages, fire, flood, or severe weather conditions.

 

11.2 In the event of a force majeure occurrence, the Artist shall notify the Client as soon as reasonably practicable and shall use reasonable efforts to mitigate the effects of such occurrence. Upon cessation of the force majeure event, the Artist shall resume performance of affected obligations within a reasonable time.

 

12. Dispute Resolution

 

12.1 CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CLIENT AND THE ARTIST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

 

12.2 Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

 

13. General Provisions

13.1 These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict of laws principles.

 

13.2 Subject to Section 12, any dispute arising out of or in connection with these Terms that is not subject to arbitration shall be submitted to the exclusive jurisdiction of the courts located in Story County, Iowa, and each party hereby consents to the personal jurisdiction of such courts.

 

13.3 If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

 

13.4 These Terms, together with any Order and any written amendments thereto, constitute the entire agreement between the Artist and the Client with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

 

13.5 The Artist reserves the right to modify these Terms at any time by posting the revised Terms on the Platform. Any Order placed prior to such modification shall be governed by the Terms in effect at the time such Order was accepted by the Artist. Continued use of the Platform following the posting of revised Terms constitutes the Client's acceptance of such modifications with respect to future Orders.

 

13.6 No waiver of any provision of these Terms shall be effective unless made in writing, and no such waiver shall constitute a waiver of any other provision or of the same provision on any other occasion.

13.7 All notices, requests, and other communications under these Terms shall be directed to the Artist at: Dahlberg Portraits, 404 Main Street, Ames IA 50010, crm@dahlbergportraits.com, 515-203-1209

 

13.8 Any claim or cause of action arising out of or relating to these Terms or the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such claim or cause of action shall be permanently barred. This limitation shall apply regardless of the form of action, whether in contract, tort, or otherwise.

 

13.9 The Artist shall collect, use, and store personal information provided by the Client (including names, contact information, photographs, and payment details) solely for the purposes of fulfilling Orders, providing the Services, communicating with the Client, and as otherwise described in these Terms. The Artist shall implement commercially reasonable administrative, technical, and physical safeguards to protect such information from unauthorized access, disclosure, or misuse. The Artist shall not sell or disclose the Client's personal information to third parties except as necessary to fulfill the Services, comply with applicable law, or as otherwise authorized by the Client. With respect to personal information of minors, the Artist shall comply with all applicable laws, including the Children's Online Privacy Protection Act (COPPA), and shall not knowingly collect personal information from children under the age of thirteen (13) without verifiable parental consent. The Client may request access to, correction of, or deletion of the Client's personal information by contacting the Artist at the address set forth in Section 13.7.