Terms of Service

Miskech Photography, owned and operated by Colbey Miskech, provides professional wedding, portrait, event, creative, and custom photography services.

These Terms of Service apply to photography services provided by Miskech Photography unless a separate written agreement specifically states otherwise. By booking, paying a retainer, signing an agreement, approving an invoice, or otherwise confirming a service, the client acknowledges that they have had an opportunity to review these Terms and agrees to be bound by them.

These Terms are intended to establish clear expectations regarding payment, scheduling, cancellations, deliverables, image use, responsibilities, and other conditions of service.

Primary Service Area: York and Lancaster counties are included in base pricing unless otherwise stated in the applicable service agreement.

Secondary Service Area: Cumberland and Adams counties are subject to a flat $250 travel fee.

Locations outside the standard service areas require written approval before booking. Travel exceeding 3 hours one-way may require the client to cover reasonable lodging and meal expenses in addition to any applicable travel fees.

Miskech Photography reserves the right to decline locations that are impractical, unsafe, inaccessible, or otherwise unreasonable for the requested service.

Approved travel fees and client-covered travel expenses must be paid according to the applicable invoice or service agreement.

Pricing: Published prices are starting prices unless otherwise stated. Custom services, additional coverage, travel, albums, prints, additional images, or other products and services may be priced separately.

Sales Tax: Applicable photography services are subject to 6% Pennsylvania Sales Tax, which will be added to applicable quoted prices unless otherwise stated.

Retainer: A 50% non-refundable retainer is required to secure a date for most services unless a different amount is stated in the applicable agreement or invoice. The retainer is applied toward the total contracted service price but is not refundable if the client cancels the booking, subject to any rights provided by applicable law.

Final Payment: Wedding balances are due 14 days before the scheduled service date. Portrait sessions, mini sessions, and other services are due in full 24 hours before the scheduled service unless otherwise stated in writing.

Late Payments: Amounts that remain unpaid after their stated due date may incur a $25 daily late fee, where permitted by applicable law.

Returned Payments: Returned checks or failed payment transactions may incur a $25 returned-payment fee, in addition to any unpaid balance.

Accepted Payment Methods: Credit and debit cards including Visa, Mastercard, American Express, and Discover; Apple Pay; Klarna; Afterpay; ACH; PayPal; Venmo; and checks when approved by Miskech Photography.

A booking is not considered secured until the required retainer or other required payment has been successfully received and the booking has been confirmed by Miskech Photography.

Available Services: Miskech Photography offers professional portrait sessions, wedding coverage, event photography, creative commissions, custom photography experiences, and other photography services made available through the Miskech Photography website, social media, direct inquiry, written agreement, invoice, or other official communication.

Package Structure: Services may be offered through individual packages, collections, mini sessions, limited-time offerings, seasonal promotions, special events, custom commissions, à la carte services, or other service arrangements.

The specific price, coverage period, deliverables, number of images, locations, availability, personnel, products, and other conditions applicable to a booking are determined by the offering selected and confirmed at the time of booking.

Changes to Offerings: Miskech Photography reserves the right to introduce, modify, rename, replace, suspend, or discontinue packages, collections, sessions, promotions, pricing, services, or other offerings at any time.

Changes to public offerings will not automatically modify an already confirmed booking. Confirmed bookings remain subject to the terms agreed upon at the time of booking unless both parties agree in writing to a change.

Custom Services: Custom arrangements may include individually negotiated pricing, coverage, deliverables, locations, scheduling, personnel, travel requirements, and other conditions. Custom terms will be confirmed in writing before the booking is secured.

Client Cancellations: Because each booking reserves a specific date and time for the client, the 50% retainer is non-refundable if the client cancels, subject to any cancellation rights required by applicable law.

Cancellation More Than 72 Hours Before Service: If a client cancels more than 72 hours before the scheduled service, the non-refundable retainer will be retained, but no additional cancellation fee will be charged.

Late Cancellation: If a client cancels within 72 hours of a scheduled portrait session, mini session, or standard custom service, Miskech Photography may charge a $50 late-cancellation fee in addition to retaining the non-refundable retainer.

For weddings and larger events, a cancellation made within 72 hours of the scheduled service may result in a $150 late-cancellation fee in addition to retention of the non-refundable retainer.

The client will not be charged both the applicable late-cancellation fee and a separate no-show fee for the same missed appointment.

Emergencies: Miskech Photography may, at its reasonable discretion, waive or reduce a late-cancellation fee when a client experiences a genuine emergency, serious illness, death in the immediate family, severe weather emergency, or other extraordinary circumstance that reasonably prevents attendance.

Any waiver or reduction is made at the discretion of Miskech Photography and does not create an obligation to waive fees in future circumstances.

Rescheduling: One reschedule may be permitted when requested at least 72 hours before the scheduled service, subject to availability, with a $50 rescheduling fee.

A rescheduling request is not confirmed until Miskech Photography approves the new date in writing. If the requested date is unavailable, the original booking date remains subject to the cancellation terms above unless otherwise agreed in writing.

Additional rescheduling requests may require a new retainer, additional fees, or a new booking depending on the circumstances and availability.

No-Shows: Failure to attend a scheduled session without providing notice may be treated as a cancellation. The retainer will be retained, and any applicable late-cancellation fee may apply.

Tardiness: A 15-minute grace period is provided for scheduled sessions. After the grace period, a $25 fee may apply for each additional 15-minute increment.

Arrivals more than 30 minutes late may be treated as a no-show when the remaining scheduled time is insufficient to reasonably complete the service. In such circumstances, the retainer may be forfeited and any applicable cancellation fee may apply.

Miskech Photography may choose to waive or modify a fee when circumstances reasonably justify doing so. Any such exception applies only to that individual situation.

Clients are responsible for providing accurate information regarding the requested service, date, location, participants, timeline, and other details necessary for Miskech Photography to perform the contracted services.

Clients are responsible for obtaining any necessary permissions, permits, property access, venue approval, or other authorization required for the selected photography location unless otherwise agreed in writing.

Clients are responsible for the reasonable behavior and supervision of guests, children, pets, and other individuals participating in or attending the session or event.

Miskech Photography reserves the right to immediately stop or terminate services if the photographer encounters harassment, discrimination, threats, violence, abusive behavior, unlawful conduct, or unsafe working conditions.

If services are terminated because of client or guest misconduct, amounts already paid may be retained and no refund will be provided, except where otherwise required by applicable law.

Photography involves artistic judgment. Miskech Photography retains creative discretion regarding composition, lighting, posing, perspective, image selection, editing, color grading, cropping, and overall artistic style.

Clients may provide reasonable preferences and requests before or during a session, but final image selection and artistic treatment remain the responsibility of Miskech Photography unless otherwise agreed in writing.

Delivered images will reflect the photographer's established editing style. Requests for substantial re-editing, alternate edits, or work outside the agreed editing style may require an additional fee and are subject to availability.

Due to the artistic nature of photography, Miskech Photography does not guarantee that every requested photograph, pose, image, or moment will be captured.

Copyright: Miskech Photography retains the copyright to photographs created during commissioned services unless copyright ownership is expressly transferred in a separate written agreement.

Personal Use: Delivered photographs are provided for the client's personal use unless otherwise stated in writing. Personal use does not include resale, licensing to third parties, commercial advertising, or other commercial exploitation without written permission.

Commercial Use: Commercial, promotional, advertising, publication, or other business use outside the granted personal-use license requires written permission and may require an additional licensing fee.

Portfolio & Marketing: Unless otherwise agreed in writing before the service is performed, Miskech Photography may use commissioned images for portfolio, website, social media, advertising, competitions, promotional materials, and other legitimate business purposes.

RAW Files: RAW files are proprietary work-in-progress files and are not included with standard services. RAW files are not required deliverables and will not be provided unless specifically agreed to in writing.

When available, RAW files may be licensed separately at $250 per image, subject to written agreement, availability, and any applicable licensing conditions.

Unless otherwise stated in the applicable service agreement, completed galleries are delivered within 14 days of full payment. Larger weddings, events, extensive custom projects, or circumstances outside reasonable control may require additional processing time.

Miskech Photography will make reasonable efforts to meet stated delivery timelines but does not guarantee a specific delivery date unless a written agreement expressly provides one.

Online galleries remain available for approximately 12 months following delivery unless otherwise stated.

Clients are responsible for downloading and securely backing up all delivered files. Miskech Photography is not responsible for permanent loss of files after a gallery has expired.

If a gallery must be restored after expiration and the files remain available, a restoration or re-hosting fee may apply.

Miskech Photography maintains professional equipment and reasonable backup practices. However, photography services may be affected by equipment malfunction, technical failure, data corruption, accidents, illness, emergencies, venue restrictions, weather, natural disasters, transportation problems, government action, or other circumstances outside reasonable control.

If Miskech Photography is unable to provide the contracted service due to circumstances outside reasonable control, reasonable efforts will be made to reschedule the service, provide a credit, arrange a suitable substitute photographer, or provide another reasonable solution when practical.

If the contracted service cannot reasonably be completed and no suitable alternative can be provided, Miskech Photography's liability will generally be limited to the amount actually paid for the affected service, except where a greater remedy is required by applicable law.

Miskech Photography is not responsible for consequential, incidental, special, or indirect damages to the extent permitted by applicable law.

To the fullest extent permitted by applicable law, Miskech Photography's liability arising from or related to a photography service is limited to the amount actually paid by the client for the affected service.

This limitation does not apply to liability that cannot legally be limited or excluded under applicable law.

Nothing in these Terms is intended to waive any right or remedy that cannot legally be waived.

Miskech Photography may update these Terms of Service from time to time to reflect changes in services, business practices, applicable requirements, or other circumstances.

Updated Terms apply to new bookings made after the effective date of the updated Terms. Unless otherwise agreed in writing, an update will not retroactively change the material terms of a previously confirmed booking.

The current version of these Terms will be made available through the Miskech Photography website.

These Terms and the services provided by Miskech Photography are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Before beginning formal legal proceedings, the parties agree to make a good-faith effort to resolve any dispute directly through communication.

Where legally enforceable and where applicable to the dispute, the parties agree to attempt mediation before proceeding to binding arbitration or litigation.

Any arbitration provision applicable to a particular booking will be governed by the written agreement signed or otherwise accepted by the parties and applicable Pennsylvania law.

Nothing in these Terms prevents either party from seeking any remedy or relief that cannot legally be waived or required to remain available under applicable law.

If any provision of these Terms is determined to be invalid, unenforceable, or unlawful, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.