Terms of Service

SimonaitStudios Effective Date: October 7, 2026 | Last Updated: October 7, 2026

Please read these Terms carefully before booking or buying.

1. Agreement and Definitions

1.1 Parties. These Terms of Service ("Terms") are a binding agreement between you ("Client" or "you") and Noah Simonait, doing business as SimonaitStudios, located in Grand Rapids, Michigan ("SimonaitStudios," "we," or "us").

1.2 Definitions.

  • "Services" means the photography, videography, and related creative work we provide, as described in your booking.

  • "Session" means your scheduled shoot.

  • "Party" means you and everyone who attends your Session, including guests and minors ("Guests").

  • "Photography" means all photographs, video, audio, and behind-the-scenes content we capture.

  • "Deliverables" means the final edited images or videos we deliver to you.

  • "Merchandise" means physical products such as prints, shirts, calendars, and mugs.

  • "Force Majeure Event" has the meaning given in Section 4.

1.3 Acceptance and eligibility. You agree to these Terms by checking the acceptance box, creating an account, using our website, or making a payment. If you do not agree, please do not book or use our website. You must be at least 18 years old. If you book on behalf of another person or a business, you confirm that you have authority to do so. Electronic acceptance has the same effect as a handwritten signature, and we keep a record of each acceptance (date, time, and version of the Terms).

1.4 Changes and entire agreement. We may update these Terms by posting a new version with a new date. Updates apply only to bookings made after that date. These Terms, your booking confirmation, our Privacy Policy, any model release you sign, and any custom agreement we sign with you make up our entire agreement and replace all earlier discussions. If a signed custom agreement conflicts with these Terms, the custom agreement controls on that point.

2. Booking and Payment

2.1 Packages and add-ons. What is included in your booking (Session length, number of edited images, location, and add-ons) as described on our website when you book.

2.2 Retainer and balance. A non-refundable retainer equal to 25% of the package price is due at booking to hold your date. The balance is due 7 days before your Session (14 days for Event Packages). If you book inside that window, the full price is due at booking. If the balance is not paid on time, we may treat the booking as cancelled by you. We release Deliverables after full payment.

2.3 Taxes and payment disputes. Prices are in U.S. dollars. Taxes, shipping, and third-party fees are additional. If you have a concern about a charge, please email us at noahsimonait7@gmail.com before contacting your bank so we can try to resolve it. If a charge is disputed, we may share these Terms and our records with your bank or payment processor.

3. Cancellation, Rescheduling, and Late Arrival

3.1 How to cancel. Please cancel or reschedule by emailing us. The time we receive your email determines the amount of notice. The 25% retainer is non-refundable in every case, but if we agree to reschedule, it is applied to your new date.

Standard sessions (Senior, Family, and Headshot packages)

  • Notice before Session: 7 or more days. Refund of amount paid (excluding retainer): 100%. Rescheduling: One free reschedule, subject to availability.

  • Notice before Session: 24 hours to 7 days. Refund of amount paid (excluding retainer): None (option to reschedule instead). Rescheduling: One reschedule for a fee of $50.

  • Notice before Session: Less than 24 hours. Refund of amount paid (excluding retainer): None. Rescheduling: At our discretion; fee may apply.

Mini sessions

  • Notice before Session: 24 hours or more. Refund of amount paid (excluding retainer): 100%. Rescheduling: One free reschedule to another available mini session date.

  • Notice before Session: Less than 24 hours. Refund of amount paid (excluding retainer): None. Rescheduling: At our discretion, only if a slot is open; fee may apply.

Event packages

  • Notice before Session: 30 or more days. Refund of amount paid (excluding retainer): 100%. Rescheduling: One free reschedule, subject to availability.

  • Notice before Session: 14 to 29 days. Refund of amount paid (excluding retainer): None (option to reschedule instead). Rescheduling: One reschedule for a fee of $250.

  • Notice before Session: Less than 14 days. Refund of amount paid (excluding retainer): None. Rescheduling: At our discretion; fee may apply.

3.2 Late arrival. Your Session time is fixed, so if you arrive late, your Session still ends at the scheduled time. If you are more than 15 minutes late without notice, or more than 30 minutes late with notice, we may treat the Session as forfeited without a refund. You may rebook at our current rate, subject to availability. "Arrive" means that you, and any Guest whose presence is essential, are present and ready at the meeting point. All times are Eastern Time, measured by our network-synced phone or computer and by message timestamps, and we will correct any clear error shown by reliable evidence.

3.3 If we cancel. If we cancel your Session for any reason other than a Force Majeure Event, you may choose between the first available reschedule and a full refund of what you paid for that Session.

4. Weather, Emergencies, and Force Majeure

4.1 Events beyond our control. Neither of us is responsible for a delay or failure caused by events beyond our reasonable control. These include severe or unsafe weather, natural disasters, fire, flood, accidents, civil unrest, government orders, public health emergencies, power or internet outages, equipment failure, data loss, supplier failure, and illness, injury, or family emergency (each a "Force Majeure Event").

4.2 What happens next. We will notify you promptly and reschedule at the earliest practical time. We may send a substitute photographer instead. If we cannot offer a reasonable date, or you cannot accept the new date, we will refund what you paid for Services not yet performed. If weather makes an outdoor Session unsafe or unworkable, we may reschedule it at no charge. The same relief applies to you if a Force Majeure Event prevents you from attending and you tell us promptly.

5. Your Party, Consent, and Model Releases

5.1 Responsibility for your Party. By accepting these Terms, you agree on behalf of your whole Party. You confirm that you have authority to book for them and to accept these Terms for them to the extent the law allows. You are responsible for the conduct of your Party, for supervising any minors, and for any damage your Party causes to a venue or property. Before the Session, please tell everyone in your Party that photos and video will be taken, that these Terms apply, and that anyone who objects should tell us.

5.2 Consent to photography. By accepting these Terms, you consent to being photographed and recorded and to our use of the Photography as described in Section 7.4. Adults in your Party are treated as consenting by choosing to attend the Session. If any adult asks not to be photographed or featured, we will respect that, and the Session will continue for everyone else without a refund.

5.3 Minors. You confirm that you are the parent or legal guardian of every minor in your Party, or that you have legal authority to consent on their behalf. You give consent for those minors to be photographed and recorded, and to the uses described in Section 7.4, subject to the limits stated there.

5.4 Optional model releases. Beyond the permission in Section 7.4, anyone in your Party may choose to sign a model release. A release is optional. It records a person's choices in writing and lets them approve additional uses, such as paid advertising. We may ask for a signed release before using someone's image in paid advertising, or before using a minor's full name. Adults may use our Adult Model Release, and parents or guardians may use our Minor Model Release. We will send the links with your booking confirmation. Completing a form in advance saves Session time, and time spent on forms at the Session counts toward your Session time.

5.5 Venues and permits. Unless we agree otherwise in writing, you are responsible for location access, venue fees, and any permits your Session requires.

6. Delivery

6.1 Timing. We will make reasonable efforts to start your Session within 5 minutes of the scheduled time. We will deliver your Deliverables within 8 weeks of the Session (the "Delivery Window"). The Delivery Window pauses while we wait on you (for example, for selections or payment) and during any Force Majeure Event.

6.2 Late delivery. If we miss the Delivery Window for a reason not covered above, you may request a refund of 50% of the price of the late Services by writing to us within 30 days. You keep your Deliverables. This refund is your sole remedy for late delivery.

6.3 Galleries and backups. Online galleries stay available for 30 days after delivery, and we keep backups for 45 days after the Delivery. You are responsible for downloading and backing up your Deliverables. If files are lost or damaged despite reasonable precautions, our only obligation is to refund the price of the affected Services.

7. Photography Rights

7.1 Ownership. We own the copyright in all Photography and Deliverables. Nothing in these Terms transfers copyright to you.

7.2 Your license. After full payment and delivery, we grant you a non-exclusive, non-transferable license to use your Deliverables for personal purposes and to promote you or your own business, such as on your website and social media. Without our written agreement, you may not sell or sublicense the Deliverables, offer them as stock images, or use them in a way that suggests we endorse a product or service. Please credit SimonaitStudios where you can.

7.3 Edits and restrictions. You may crop and make ordinary edits. You may not remove watermarks or credits, alter images in a misleading way, present them as someone else's work, or use them to train artificial intelligence or machine-learning systems. If we deliver video with licensed music or other third-party content, your license does not cover that content outside the original delivery.

7.4 Our portfolio and social media use. By accepting these Terms, you give us permission, for yourself and your Party, to use the Photography (including behind-the-scenes content) on our website, on Instagram and other social media, in marketing, and in competition or publication entries. This includes the right to edit, crop, caption, and tag the content, and to allow social media platforms to host and display it under their own terms. This permission is worldwide, royalty-free, and has no end date, and no payment is owed for these uses. You may opt out for all or some images by emailing us before the Session or within 14 days after delivery. If you do, we will stop new uses and remove the images from the channels we control. We cannot recall content that has already been printed or reposted by others. We will not publicly display anyone who tells us they object. For minors, we will not use a minor's full name or place a minor in paid advertising without separate written consent.

7.5 Creative control. We decide how we shoot, which images we select, and how we edit and color grade. We may consider your input but may disregard it. Revisions are limited to minor corrections such as cropping the image. Unedited and unselected files remain ours and are not delivered unless we agree in writing.

8. Add-ons and Venues

8.1 Additional photos. Extra edited images beyond your package are refundable until we begin your Session and non-refundable afterward.

8.2 Special locations (for example Meijer Gardens and Robinettes). These venues charge photographers a fee. If your package is not already set at one of them, a location add-on lets you hold your Session there and covers our photography fee for that venue. Venue rules, hours, closures, and availability apply, and we may adjust timing or setup to follow them. A location add-on is refundable if you cancel at least 7 days before the Session and we have not yet paid or reserved the venue fee, and it is non-refundable after that. If the venue closes or cancels, or a Force Majeure Event prevents the Session, we will reschedule at the same location or refund the add-on. Where a package already includes a venue fee (for example, Apple Orchard Minis include the Robinettes fee), that fee follows the package refund rules.

8.3 Venue and third-party fees. Unless your package says otherwise, admission, parking, and similar venue fees for your Party are your responsibility. The availability shown on our website reflects only our own schedule, not any venue's. If a venue or other third party cancels or changes its terms, we may reschedule, or refund what you paid for the affected Services if no reasonable date works.

9. Merchandise

9.1 Shipping. We will ship Merchandise within the time stated on the product page or at checkout or, if no time is stated, within 30 days of purchase. If we cannot ship in time, we will notify you with a revised date and let you accept the delay or cancel for a full refund. If the revised date is more than 30 days past the original date, we will cancel and refund the order unless you expressly agree to wait. Made-to-order items may have longer production times, which will be stated on the product page.

9.2 Addresses, damage, and returns. Please enter your shipping address carefully. International orders may incur customs, duties, and taxes that you pay. If an item arrives damaged, defective, or incorrect, email us within 14 days with photos and we will repair, replace, or refund it. Custom or personalized items are otherwise not returnable. If a package is lost, contact us within 30 days of the expected delivery date and we will work with the carrier.

10. Safety and Respect

10.1 Comfortable, safe Sessions. We want every Session to be enjoyable and comfortable for everyone, including children. We may pause, change, or end a Session if we reasonably believe it is unsafe, or if conduct makes it impossible for us to work safely and professionally. If this happens for reasons outside your control, such as hazardous weather, Section 4 applies. If it happens because of conduct by your Party, we will refund any portion of the Services not yet performed, less costs we have already incurred.

10.2 Ordinary risks. Outdoor and activity-based Sessions carry ordinary risks, such as uneven ground and changing weather. You accept those risks for yourself and your Party.

10.3 Our contact information. Please use the contact information we give you only to communicate with us about your Services.

11. Disclaimers, Limitation of Liability, and Indemnification

11.1 NO GUARANTEES. WE WORK WITH REASONABLE PROFESSIONAL CARE, BUT WE DO NOT GUARANTEE ANY SPECIFIC IMAGE, POSE, WEATHER, OR LIGHTING, OR THAT YOU WILL BE SUBJECTIVELY SATISFIED WITH OUR CREATIVE WORK. EXCEPT AS STATED IN THESE TERMS, SERVICES AND MERCHANDISE ARE PROVIDED "AS IS," AND TO THE FULLEST EXTENT ALLOWED BY LAW WE DISCLAIM ALL OTHER WARRANTIES.

11.2 LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM, INCLUDING LOST OR DAMAGED FILES, EQUIPMENT FAILURE, OR MISSED SHOTS, IS LIMITED TO THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE OR PRODUCT INVOLVED. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF MEMORIES, OR EMOTIONAL DISTRESS. NOTHING HERE LIMITS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANYTHING THE LAW DOES NOT ALLOW US TO LIMIT.

11.3 Indemnification. You agree to defend, reimburse, and hold harmless SimonaitStudios and Noah Simonait from claims, damages, and expenses (including reasonable attorney fees) that arise from your breach of these Terms, the conduct of your Party, damage to venues or property by your Party, unauthorized use of locations, injuries from activities you request, a request that we photograph a person or place without proper consent, or misuse of the Deliverables.

12. Privacy and Marketing

Our Privacy Policy explains what information we collect, how we use and protect it, and your choices. Marketing emails and texts are optional, require a separate sign-up, can be stopped at any time, and are never a condition of buying.

13. Governing Law, Disputes, and General

13.1 Governing law and disputes. Michigan law governs these Terms. Before filing a claim, please email us at noahsimonait7@gmail.com and give us 30 days to work it out. If that does not resolve it, we agree to try mediation before any lawsuit. Any lawsuit must be filed in the state or federal courts located in Kent County, Michigan.

13.2 Contact and notices. Email (preferred for all notices): noahsimonait7@gmail.com. Mail: SimonaitStudios, 2246 Briar Hills Drive North East, Grand Rapids, Michigan 49505 (by first-class mail, postage prepaid, or a traceable courier). We will send notices to the email address on your booking.

13.3 General. If any part of these Terms is found unenforceable, the rest remains in effect. Our choosing not to enforce a provision is not a waiver of it. You may not assign these Terms without our consent, and we may assign them in connection with a sale of our business. The sections on ownership, liability, indemnification, and disputes continue to apply after the Services end.