Terms and Conditions

SMS Messaging Terms

Program description. DHC Media (Selah Photography LLC) sends SMS messages to people who have explicitly opted in through a consent checkbox on a form at https://www.dhcmedia.co or on our online booking page. Messages include inquiry follow-ups, links to book a call, quote and scheduling confirmations, shoot-day reminders, rescheduling updates, and customer support communications. With separate consent, we also send occasional promotional messages about offers, announcements and updates.

Cancellation. You can cancel at any time. Text STOP to the number that messaged you. We will send a single confirmation and then stop sending messages. To rejoin, opt in again through the form.

Support. Reply HELP for assistance, email info@dhcmedia.co, or call (720) 715-7287 Monday through Friday, 9:00–5:00 Mountain.

Carrier liability. Carriers are not liable for delayed or undelivered messages.

Message and data rates. Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your project and schedule. Contact your wireless provider with questions about your text or data plan.

Supported carriers. Our SMS program works with all major U.S. wireless carriers, including AT&T, T-Mobile and Verizon, and most regional carriers.

Age restriction. You must be 18 years or older to participate in our SMS program.

Privacy. For privacy-related inquiries, see our Privacy Policy.

We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines, regarding the use of SMS communications.

General Terms

This website, www.dhcmedia.co, is owned and operated by DHC Media dba Selah Photography LLC. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms that may apply to specific sections of the Site or to products and services available through it.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified.

Intellectual Property Rights

Our limited licence to you

This Site and all materials available on it are the property of DHC Media dba Selah Photography LLC and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, non-commercial use.

You may not use the Site or its materials in a manner that infringes our rights or that has not been authorised by us. Unless explicitly authorised, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, exploit, or distribute any material from the Site in any manner or medium. You may download or print one copy of individual pages for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.

Your licence to us

By posting or submitting any material to us via the Site, internet groups, or other digital venues, you represent that you own the material or have obtained the necessary permissions. You grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide licence to use, modify, transmit, sell, exploit, create derivative works from, distribute, and publicly perform or display such material.

Disclaimers

Throughout the Site we may provide links to Internet sites maintained by third parties. Linking to such sites does not imply endorsement or sponsorship of those sites or the information, products, or services offered through them.

The information, products, and services offered on or through the Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose.

You agree at all times to indemnify and hold harmless DHC Media dba Selah Photography LLC, its affiliates, and their respective officers, directors, agents, and employees from any claims, causes of action, damages, liabilities, costs, and expenses arising out of or related to your breach of any obligation, warranty, or representation under these Terms of Service.

Online Commerce

Certain sections of the Site may allow you to purchase products and services from third-party vendors. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of those products and services. If you make a purchase from a third party linked through the Site, information obtained during your visit, including payment information, may be collected by both the merchant and us. Your participation in any dealings with third-party vendors is solely between you and that third party, and DHC Media dba Selah Photography LLC shall not be responsible for any loss or damage incurred as a result.

Termination

We reserve the right to terminate or suspend your access to the Site, without notice, if we determine that you have violated these Terms of Service or engaged in conduct we deem inappropriate or unlawful. Upon termination you must cease all use of the Site and any content obtained from it.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Colorado. Any dispute arising under these Terms shall be resolved exclusively through binding arbitration in Colorado.

Changes to These Terms of Service

We may update these Terms of Service from time to time. The latest version will always be available on our website with the effective date.

For any questions regarding these Terms of Service, contact us at:

DHC Media dba Selah Photography LLC
3000 Lawrence St #21
Denver, CO 80205
(720) 715-7287
info@dhcmedia.co
www.dhcmedia.co

By using our website and services, you consent to these Terms of Service.

RESCHEDULE AND CANCELLATION POLICY

Video and Content Production:

Payment: A non-refundable deposit is due to reserve your production date. The balance is due on completion of the project unless otherwise agreed in writing.

Rescheduling or cancelling more than 7 days before the production date: Your date may be rescheduled one time without penalty. Amounts already paid become a credit toward the rescheduled date. The deposit remains non-refundable.

Rescheduling or cancelling 7 days or less before the production date: 50% of the agreed project fee is due.

Rescheduling or cancelling 24 hours or less before the production date: 100% of the agreed project fee is due.

The reasoning behind this policy: a production date is reserved exclusively for you. Once it is booked we schedule crew, reserve equipment, and begin pre-production. Inside seven days, crew and rental commitments generally cannot be released, and inside 24 hours the day is gone entirely — which is why the amount due rises as the date approaches.

If we must cancel: if DHC Media dba Selah Photography LLC must cancel or move a production date because of weather or other circumstances beyond our control, we will notify you as early as possible and reschedule at no additional cost to you.

DESCRIPTION OF SERVICES

Client has retained DHC Media to provide exclusive commercial photography services, and any additional services outlined in the package purchased. DHC Media photographer(s) (including any third-party contractors engaged by DHC Media to provide such services) will be the sole professional photographer(s) involved in the photoshoot. We retain exclusive control over the positioning of cameras and equipment. Client grants DHC Media and its affiliates full production and editorial control regarding all aspects of production.

PAYMENT

A deposit is required to schedule a photoshoot. For Companies, the balance owed is due two weeks after all sessions are complete, or prior to final delivery of all Images, whichever comes first. For Individuals, final payment is due upon completion of your session. Note: No Images, including, previews, will be delivered until Client’s balance is paid in full.

CANCELLATION & POSTPONEMENT

Client acknowledges that in the event a photoshoot is canceled or rescheduled, DHC Media may be harmed unless the Client notifies us as soon as possible in order to minimize our damages. See information at top of page for full cancel/reschedule details for companies and individuals. If you opt to cancel your booking, you forfeit your deposit. All sessions canceled or postponed, for whatever reason, within 24 hours of your session start time will be charged in full. We cannot accept or honor cancellations or reschedules if there is no evidence of contacting DHC Media. Your session will be considered a no-show and charged in full. If there is a postponement due to a force majeure event, the Parties shall work together to find an alternative date and no additional fees shall be charged.

RESHOOTS

If Client requests a re-shoot and does not want any Images from their prior session, a discounted rate may be charged for the re-shoot. DHC Media, at its sole discretion and on a case-by-case basis, will decide whether a discount is applicable to any re-shoot. If we determine that a re-shoot is required due to our mistake, then DHC Media will cover the cost of re-shooting the photography session.

INCLEMENT WEATHER & ADVERSE CONDITIONS

DHC Media reserves the right to cancel or reschedule a photoshoot due to inclement weather or other adverse conditions that may prevent us from conducting a photoshoot that meets the artistic standards of DHC Media. Our photographers are entitled to a safe work environment free from physical harm, threats and hostility. We reserve the right to pause, postpone, or cease work in the event that the work process is interfered with or interrupted. We may immediately cancel any photoshoot in the event of physical or verbal antagonism, violence, harassment or discrimination of any kind, or if the photographer feels threatened in any way.

REFUND POLICY

In the case of camera failure, inclement weather, or any other unforeseen incident that prevents DHC Media from completing a photoshoot on a scheduled date, a new date will be rescheduled. No refund will be given under any circumstances if Client fails to attend the photoshoot on the date and at the time listed, or if the session is cancelled within 24 hours.

DHC Media provides a non-tangible service of custom work; Clients are paying for our time which isn’t returnable. Due to the nature of photography and the fact that digital photographs, once sent, cannot be returned, DHC Media has a NO REFUND POLICY. Refunds will NOT be given due to “not liking a photo” or for any other reason.

INTELLECTUAL PROPERTY RIGHTS

All Images remain property of DHC Media or its affiliates and are subject to federal copyright laws, and DHC Media and its affiliates reserve all rights therein. If Client purchases an Image, DHC Media grants to Client a non-transferable, non-exclusive, worldwide, perpetual license to store, reproduce and use the purchased Image for its own personal and promotional purposes. Any rights to use Images granted as part of this Agreement are non-transferable and cannot be re-sold or sub-licensed without DHC Media’s prior written approval. If Client does not purchase an Image, Client has no right to use the Image or any proof, preview or digital negative for any purpose.

EDITING DISCRETION

A photograph is properly exposed to see highlights, shadows, and mid-tones and for flesh tones to be believable. The photograph is in focus unless it’s intentionally out of focus for the artistic expression of the image. All Images are edited at DHC Media’s discretion and delivered proofs or previews may not include all images shot. We reserve the creative right to edit and release only those deemed as professional in quality and within our artistic standards. Every effort will be made to assure satisfaction according to our professional standards. We are not responsible for Client’s or any third party’s subjective interpretations or opinions of the photography.

PHOTOSHOOT EXPENSES

Client is responsible for payment of all shoot-related expenses incurred by Photographer up until the time of cancellation. For cancellations or postponements required not due to inclement weather, or the fault of a third-party, and outside the three-business day minimum, Photographer will not charge an additional fee, but Client is responsible to pay all all expenses incurred by Photographer related to the assignment, up until the time of cancellation.

RELEASES

Client is responsible for determining whether any permits, licenses or personal releases are required for any location or venue where photography services will be performed. Client is also responsible for payment of any fees and costs associated with such permits, licenses or releases. Client agrees to obtain all necessary permits, approvals, licenses, waivers and releases before the photoshoot.

MODIFICATION

Any alteration, deviation or modification of this Agreement will not be valid unless made in a writing signed or acknowledged by both Parties. The Client and Photographer agree that digital or electronic signatures shall be binding on the Parties and sufficient to execute, negotiate and finalize any modification to this Agreement.

MARKETING AND PROMOTION

By agreeing to these Terms, Client, individually, and as an agent for all subjects and participants in the photoshoot, hereby grants to DHC Media and its affiliates all rights for display, airing, exhibition, promotion, newsletter, and advertising use of all photographs produced under this Agreement, including the Images, and, on behalf of their legal representatives, heirs and assigns, hereby releases DHC Media and its affiliates, legal representatives, officers, employees, third party contractors, successors and assigns from all claims and liabilities relating to use of said photos.

Client waives any right to inspect or approve the photographs or the use to which it may be applied, including any written copy that may appear in connection therewith. If necessary, Client has obtained from all subjects and participants in the photoshoot all releases and waivers necessary to grant the rights, permissions and waiver set forth in Section 7.

FORCE MAJEURE

If we cannot perform the services outlined in this Agreement due to fire or other casualty, act of God, or other cause beyond the control of the Parties, or due to the photographer’s illness or emergency, or if Images are damaged in processing, lost through camera or media malfunction, or otherwise lost or damaged without fault on the part of DHC Media, then we shall return any deposit to the Client but shall have no further liability with respect to this Agreement.

INDEMNIFICATION

Client hereby agrees to indemnify, release, discharge, and hold harmless DHC Media and its affiliates, legal representatives, officers, agents, employees, third-party contractors, successors, heirs and assigns harmless from all claims and/or damages or liability of any kind arising from any reproduction or use of the Images. This includes, but is not limited to, claims related to the use of the likenesses of anyone captured in the images, or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.

LIMITATION OF LIABILITY

In no event shall DHC Media or any of its affiliates, third-party servicers, or contractors be liable to Client for any direct, indirect, incidental, special or consequential damages of any kind. To the fullest extent permitted by applicable law, under all circumstances, the liability of DHC Media and its affiliates, third-party servicers or contractors is limited to a refund of amounts paid by Client to DHC Media. Applicable law may not allow the limitation of liability set for above, so this limitation of liability may not apply to Client, and Client may have rights additional to those contained herein.

WARRANTY DISCLAIMER

EXCEPT AS SET FORTH IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND GOODS, INCLUDING PHOTOGRAPHS, PROVIDED HEREUNDER ARE PROVIDED “AS-IS”, WITHOUT ANY WARRANTY OF ANY KIND AND DHC MEDIA HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE.

SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provisions, it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

ENTIRE AGREEMENT

This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior oral or written agreements between the Parties.

DIGITAL EXECUTION

The Parties agree that digital or electronic signatures shall be binding on the Parties and sufficient to execute, negotiate and finalize this Agreement.

If you have questions or concerns about these terms and conditions, please use the contact form to get in touch. Please see our Privacy Policy to understand how your information is used while viewing this website.

Last Update: July 11, 2023