Terms of Service
Terms of Service
Last Updated: July 30, 2026
These Terms of Service govern photography, videography, editing, gallery delivery, print, album, and related services provided by Albany Capture LLC (“Albany Capture,” “Photographer,” “we,” “us,” or “our”).
“Client” means any individual, couple, company, organization, or other person who books, purchases, or receives services from Albany Capture.
These Terms supplement any proposal, invoice, booking form, or service agreement issued by Albany Capture. If these Terms conflict with a signed service agreement, the signed service agreement will control.
1. Engagement and Services
The Client engages Albany Capture to provide the photography, videography, editing, delivery, or related services identified in the Client’s proposal, invoice, booking confirmation, or service agreement.
The specific services may include:
Photography or videography coverage
Lead and associate photographers
Second photographers or videographers
Editing and post-production
Digital photographs or video deliverables
Online galleries
Albums, prints, or physical products
Backup or file-retention services
Other services agreed to in writing
The specific event date, coverage hours, staffing, number or estimated number of deliverables, locations, products, and delivery terms will be identified in the Client’s applicable agreement.
Albany Capture may use employees, associate photographers, videographers, editors, assistants, or independent contractors to perform portions of the services.
Unless otherwise agreed in writing, Albany Capture will be the exclusive professional provider of the photography or videography services identified in the Client’s agreement.
2. Date-Specific and Peak-Season Pricing
Albany Capture’s pricing is based on the particular date, services, and circumstances of each booking.
Pricing may vary based on factors including:
Event date
Day of the week
Season
Peak-season demand
Holidays and premium dates
Availability
Coverage length
Package selection
Number of photographers or videographers
Location and travel requirements
Requested deliverables
Complexity of the assignment
Staffing and production requirements
Peak-season, holiday, weekend, or premium-date pricing may apply.
A price quoted for one date does not necessarily apply to another date. Quotes and proposals are valid only for the date, services, and period stated in the applicable document.
If a Client changes or reschedules the event date, Albany Capture may reprice the booking using the rates, availability, travel requirements, and seasonal pricing applicable to the new date.
The Client’s signed proposal, invoice, or service agreement will identify the final package price and applicable payment terms.
3. Fees and Payment
All prices are stated in United States dollars unless otherwise specified.
The Client agrees to pay:
The service fees identified in the applicable agreement
Applicable taxes
Approved additional coverage
Travel or accommodation expenses
Parking, tolls, permits, or admission fees
Physical products
Expedited services
Other approved expenses or additions
Additional-hour pricing may vary by date, season, staffing requirements, and service type. The applicable additional-hour rate will be stated in the Client’s proposal, invoice, or agreement.
The final amount payable may change when:
The Client adds services or products
Coverage extends beyond the contracted time
Travel or other expenses are incurred
The event location or schedule changes
Staffing requirements change
The parties approve another written modification
The final invoice issued by Albany Capture will reflect the amount payable.
Payments must be made by the due dates identified in the invoice or service agreement. Late payments may be subject to the late fee stated in the applicable agreement.
Albany Capture may suspend coverage, editing, gallery access, product production, or delivery while an outstanding balance remains unpaid.
Physical products remain the property of Albany Capture until payment has been received in full.
4. Retainer and Date Reservation
A booking may require a non-refundable retainer.
The applicable retainer amount will be stated in the Client’s proposal, invoice, or service agreement.
The retainer compensates Albany Capture for:
Reserving the requested date
Beginning administrative and planning work
Committing personnel and resources
Declining other potential bookings for that date
The retainer will be credited toward the total service fee.
Unless otherwise agreed in writing, a date is not reserved until Albany Capture has received:
The signed service agreement;
The required retainer; and
Any other required booking information.
Until those requirements are completed, the date may remain available to other clients.
5. Client Responsibilities
The Client agrees to provide accurate and timely information reasonably necessary for Albany Capture to perform the services.
This may include:
Event dates and locations
Timelines and schedules
Venue rules and restrictions
Important contacts
Priority photographs
Family or group-photo lists
Access instructions
Required permits
Safety information
Transportation information
Changes to the event schedule
The Client is responsible for obtaining any permissions, consents, permits, or access rights required at locations selected by the Client unless Albany Capture expressly agrees otherwise in writing.
The Client is responsible for reasonable travel expenses when services are performed outside the included service area or when additional travel is requested.
Delays caused by the Client, guests, venues, transportation, weather, other vendors, or schedule changes may reduce the amount of coverage or the number of deliverables Albany Capture can reasonably create.
6. Photography Staff
Albany Capture may assign employees, contractors, associates, assistants, second photographers, videographers, or other production personnel to the Client’s booking.
Albany Capture will require its photography staff to:
Follow reasonable safety and security requirements
Perform services professionally
Avoid unreasonable interference with the Client’s activities
Make reasonable efforts to provide the contracted deliverables
Unless the agreement expressly guarantees that a particular individual will provide the services, Albany Capture may assign or replace team members when reasonably necessary.
7. Artistic Release and Creative Discretion
The Client acknowledges that photography and videography are creative services.
The Client confirms that they have reviewed Albany Capture’s portfolio and understand the general style and approach of Albany Capture’s work.
Albany Capture retains professional and artistic discretion regarding:
Composition
Lighting
Posing and direction
Camera placement
Lens selection
Image selection
Color treatment
Cropping
Retouching
Editing style
Audio and video sequencing
Final delivery
Albany Capture will make reasonable efforts to consider the Client’s priorities and reasonable suggestions.
However, Albany Capture does not guarantee any particular:
Photograph or video clip
Pose
Expression
Person or grouping
Background
Location
Moment
Lighting condition
Number of photographs beyond an expressly stated minimum
Aesthetic result that differs from Albany Capture’s established style
A disagreement with Albany Capture’s artistic judgment, image selection, editing style, or aesthetic decisions is not by itself a valid reason for cancellation, termination, or refund.
8. Coverage Limitations
Coverage may be affected by circumstances outside Albany Capture’s control, including:
Venue restrictions
Officiant instructions
Coordinator requirements
Weather
Lighting
Guest cooperation
Subject availability
Obstructed views
Schedule delays
Transportation problems
Other photographers or videographers
Content creators
Mobile phones and guest cameras
Safety concerns
Equipment restrictions
Albany Capture is not responsible for missed or obstructed coverage caused by these circumstances.
Guests may take personal photographs or videos provided they do not materially interfere with Albany Capture’s work.
The Client must notify Albany Capture in advance if another professional photographer, videographer, or content-creation team will be present.
9. Cancellation
The Client must provide written notice to cancel a booking.
Unless the applicable agreement establishes a different period, cancellation or rescheduling notice should be provided at least 30 days before the scheduled services.
Cancellation by the Client will not result in the refund of the retainer or other amounts already paid, except when Albany Capture expressly agrees otherwise in writing or when required by applicable law.
Providing sufficient notice may affect whether unpaid future balances remain due, but it does not automatically make previously paid amounts refundable.
The specific cancellation obligations for an individual booking will be governed by the signed service agreement.
Your latest agreement uses a 30-day written notice provision and states that amounts already paid are not refunded following a Client cancellation.
10. Rescheduling
Rescheduling requests must be submitted in writing.
Albany Capture will make commercially reasonable efforts to accommodate a requested date change, but availability is not guaranteed.
A rescheduled booking may be subject to:
Albany Capture’s availability
Current pricing for the new date
Peak-season or premium-date pricing
A rescheduling fee
Different staffing
Updated travel expenses
Changes in package availability
A new payment schedule
Prices quoted for the original date are not automatically transferable to the replacement date.
If Albany Capture is unavailable for the requested replacement date, the rescheduling request may be treated as a cancellation unless the parties agree otherwise in writing.
11. Inability to Perform and Replacement Personnel
If Albany Capture’s originally assigned photographer or videographer cannot perform the services, Albany Capture may propose a qualified replacement professional.
Albany Capture will make reasonable efforts to ensure that any replacement can perform the contracted services in a manner consistent with Albany Capture’s standards.
If Albany Capture cannot provide a qualified replacement and cannot perform the services, Albany Capture may terminate the agreement and refund the retainer and amounts paid for services that were not performed.
Following that refund, Albany Capture will have no further liability except where applicable law requires otherwise.
12. Copyright and Ownership
Albany Capture owns all right, title, copyright, and intellectual-property interest in photographs, videos, edits, project files, and other creative work produced as part of the services.
Payment for photography or videography services does not transfer copyright ownership to the Client.
Albany Capture is not required to provide:
RAW photographs
Unedited photographs
Rejected images
Source video
Unused footage
Editing project files
Lightroom or Photoshop catalogs
Other working files
These materials remain the property of Albany Capture unless their delivery is expressly included in a written agreement.
13. Client’s Personal-Use License
Upon full payment and delivery, Albany Capture grants the Client a limited, non-exclusive, non-transferable license to use the delivered work for personal purposes.
Personal use may include:
Posting on personal social-media profiles
Sharing with friends and family
Creating personal prints
Creating personal albums or gifts
Using photographs in family announcements or holiday cards
Displaying photographs in a home
The Client may not, without written authorization:
Sell the work
License the work to another party
Use the work in paid advertising
Use the work for commercial promotion
Submit the work for commercial publication
Remove copyright or attribution notices
Represent the work as having been created by someone else
Commercial, editorial, corporate, nonprofit, and organizational clients may receive different usage rights under a separate written license.
14. Portfolio and Promotional Use
Albany Capture’s ability to display photographs or videos for portfolio, website, social-media, publication, advertising, sample albums, competitions, or promotional purposes will be governed by the applicable service agreement or model release.
The Client must communicate confidentiality concerns before the event or session.
Any restriction on promotional use must be agreed to in writing.
15. Delivery
Estimated delivery times will be provided in the Client’s proposal, agreement, booking confirmation, or subsequent written communication.
Delivery estimates may be affected by:
Seasonal workload
Peak wedding season
The size of the event
The number of deliverables
Editing complexity
Client-requested revisions
Album or product production
Third-party laboratory delays
Emergencies
Force-majeure events
Albany Capture will make reasonable efforts to deliver the work within the estimated period but does not guarantee a delivery date unless a specific guaranteed deadline is stated in writing.
16. Galleries, Downloads, and Backup Warranty
The Client is responsible for downloading and securely backing up delivered files before the online gallery expires.
Gallery availability and download periods may vary by package.
Some services may include a stated backup or file-retention warranty, such as a two-year backup warranty. Such protection applies only when it is expressly included in the Client’s agreement or package. Your latest agreement includes a two-year backup warranty as part of both service dates.
A backup warranty does not guarantee indefinite storage.
After the applicable backup or gallery period expires, Albany Capture may permanently delete photographs, videos, project files, or galleries without further notice.
17. Equipment and Technical Failure
Albany Capture maintains professional equipment and takes reasonable precautions that may include:
Backup cameras
Backup lenses
Additional batteries
Multiple storage cards
Redundant file storage
Cloud or off-site backup systems
No technical system is entirely free from risk.
Albany Capture will not be responsible for delay or failure caused by circumstances beyond its reasonable control, including:
Sudden equipment failure
Corrupted storage media
Manufacturer defects
Power interruptions
Internet or hosting interruptions
Third-party service failure
Theft
Criminal activity
Shipping damage
Venue electrical problems
If deliverables are completely lost or cannot be produced despite reasonable precautions, Albany Capture’s maximum liability will be subject to the limitation-of-liability provisions below.
18. Force Majeure
Neither Albany Capture nor the Client will be considered in breach for delay or nonperformance caused by circumstances beyond that party’s reasonable control.
These circumstances may include:
Illness or emergency
Fire
Severe weather
Flooding
Natural disaster
Pandemic
Government restrictions
Strike
Transportation interruption
Venue closure
Crime
Utility failure
Other comparable emergencies
The affected party’s time for performance may be extended for the duration of the event preventing performance.
If the force-majeure event continues for more than 60 days, either unaffected party may terminate the agreement. Prepaid fees for services not performed may be refunded, excluding the non-refundable retainer, unless the parties agree otherwise in writing.
19. Safety and Conduct
Albany Capture may pause or end services when conditions are unsafe, unlawful, threatening, abusive, discriminatory, harassing, or materially disruptive.
The Client is responsible for the conduct of the Client’s guests, attendees, employees, and representatives.
Albany Capture is not required to place team members or equipment in situations presenting an unreasonable risk of injury, harassment, damage, or unlawful activity.
If services are ended because of unsafe conditions or misconduct caused by the Client or attendees, payments already made may remain non-refundable.
20. Indemnity and Limitation of Liability
To the maximum extent permitted by applicable law, the Client agrees to indemnify and hold harmless Albany Capture and its employees, contractors, agents, and affiliates from third-party claims arising from:
The Client’s breach of these Terms
Unsafe conditions controlled by the Client
The Client’s failure to obtain required permission
The conduct of the Client or the Client’s guests
Materials or instructions supplied by the Client
Albany Capture will not be liable for delays or undeliverable work caused by circumstances outside Albany Capture’s reasonable control.
Albany Capture’s total liability arising from a booking, services, or delivered work will not exceed the total fees payable for the affected booking.
Albany Capture will not be liable for indirect, incidental, special, punitive, or consequential damages.
Your latest agreement similarly limits Albany Capture’s maximum liability to the total fees payable under the agreement.
21. Insurance
Albany Capture may maintain commercial general liability insurance and equipment insurance as part of its normal business operations.
Coverage amounts, policy periods, deductibles, exclusions, and available benefits are governed solely by the applicable insurance policies and may change over time.
The Client is not an insured party or beneficiary under Albany Capture’s insurance policies unless expressly stated in writing by the insurer.
Clients are encouraged to maintain their own wedding, event, property, liability, or cancellation insurance when appropriate.
22. Privacy
Albany Capture’s collection, use, storage, and disclosure of personal information are governed by the Albany Capture Privacy Policy.
Albany Capture may use third-party providers for:
Client relationship management
Scheduling
Contracts and invoicing
Payment processing
Email
SMS messaging
Editing
Cloud storage
Online galleries
Print fulfillment
The Client’s use of those services may also be subject to the applicable third-party provider’s policies.
23. SMS Messaging Terms
By opting in, you agree to receive SMS customer care, account notification, and delivery notification messages from Albany Capture LLC.
Messages may include:
Responses to inquiries
Consultation information
Appointment reminders
Booking confirmations
Event or session updates
Payment and account notifications
Gallery-delivery notifications
Product-delivery notifications
Other one-to-one service-related communications
Message frequency may vary. Standard Message and Data Rates may apply.
Reply STOP to opt out. Reply HELP for help.
Consent to receive text messages is not a condition of purchasing services from Albany Capture.
Opting out of SMS does not prevent Albany Capture from contacting the Client through another permitted method when necessary to administer an existing booking.
Please review the Albany Capture Privacy Policy for information regarding telephone numbers and SMS opt-in information.
24. Notices
Notices relating to cancellation, rescheduling, disputes, or changes to an agreement must be provided in writing.
Unless another email address is stated in the Client’s agreement, notices to Albany Capture should be sent to:
A notice is considered delivered when it is sent, subject to confirmation that the message was not returned as undeliverable.
25. Governing Law
These Terms and any related service agreement will be governed by the laws of the State of Illinois, without regard to conflict-of-law principles.
Unless otherwise stated in a signed agreement, disputes will be brought in a court of competent jurisdiction in Illinois.
26. Amendments
A booking-specific agreement may be amended only through a written agreement accepted by Albany Capture and the Client.
Changes to a timeline, package, location, coverage period, price, deliverables, or event date are not binding until confirmed in writing.
27. Entire Agreement and Severability
The Client’s signed service agreement, accepted proposal, invoice, and these Terms constitute the agreement relating to the applicable services.
They replace prior discussions or representations concerning those services.
If any provision is found to be invalid or unenforceable, the remaining provisions will remain in effect.
28. Changes to These Terms
Albany Capture may update these Terms periodically.
The current version will be posted on this page with a revised “Last Updated” date.
Updates will apply prospectively and will not change a previously signed service agreement unless the Client and Albany Capture agree to the change in writing.
29. Contact Information
Questions concerning these Terms may be directed to:
Albany Capture LLC
Chicago, Illinois
Email: albanycapture@gmail.com