Pop Pxl Terms and Conditions
Effective Date: May 29, 2025
Pop Pxl, LLC ("Pop Pxl," "we," "us," or "our") provides photography services for schools, youth sports leagues, dance and cheer organizations, and interactive photo experiences (including photo booths and staffed photo stations) at corporate events, galas, and other functions. These Terms and Conditions ("Terms") govern all bookings, sessions, and services provided by Pop Pxl unless a separate signed agreement with a specific school, league, studio, venue, or organization states otherwise, in which case Section 10 (Specific Written Agreements Control) applies.
By booking a session, registering for picture day, hiring Pop Pxl for an event, or participating in a Pop Pxl photo booth or photo station, you agree to these Terms on your own behalf and, where applicable, on behalf of any minor in your care.
1. Our Services
Pop Pxl offers the following categories of service, each with its own image usage terms described in Section 5:
School Photography: individual and group portraits, picture day, senior sessions, and yearbook-related imagery for K-12 schools.
Youth Sports Photography: posed individual and team portrait sessions for sports leagues (picture day style sessions, not live game or action coverage).
Dance and Cheer Photography: posed individual and team/group portrait sessions for dance studios, cheer programs, and related recitals or competitions.
Event and Photo Booth Services: staffed photo stations, photo booths, 360 booths, and roving photography at corporate events, galas, university and community events, and private functions.
2. Bookings, Payment, and Cancellation
Session dates, pricing, and payment terms are set out in the applicable invoice, proposal, or organization contract, processed through our invoicing systems. Full or deposit payment may be required to secure a booking. Non-refundable deposits or retainers are retained by Pop Pxl if a client cancels a scheduled session. If Pop Pxl must cancel a service for reasons outside a client's control and cannot offer a reasonable substitute or reschedule, any prepaid amount for unperformed services will be refunded in full. Late payment may delay delivery of images, galleries, or products, and Pop Pxl may withhold final delivery or gallery access until outstanding balances are resolved.
3. Image Ownership
All photographs, videos, composites, graphics, and related visual materials created by Pop Pxl remain the copyrighted property of Pop Pxl, LLC. Purchasing prints, digital downloads, or products grants the purchaser a personal use license only, described further in Section 5. Raw files are not included in any package and will not be delivered unless expressly agreed in writing.
4. Editing and Alteration
Pop Pxl retains sole discretion over image selection, editing style, retouching standards, and final creative presentation. Clients and organizations receiving licensed images may make ordinary crops and add standard graphic overlays, logos, or branding consistent with their own promotional use, but may not materially alter an image in a way that misrepresents the original work or removes Pop Pxl branding or metadata where included.
5. Image Usage by Service Category
5.1 School Photography
Pop Pxl will not use any photograph of a student taken during school photography sessions (including picture day, yearbook, or senior sessions) in our own marketing, portfolio, website, social media, or advertising unless a parent or legal guardian has signed a specific written release authorizing that use. Schools and school organizations (such as PTOs) may use delivered images for their own official purposes as outlined in their individual agreement with Pop Pxl, such as yearbooks, school websites, and school-approved promotional materials, subject to the terms of that agreement.
5.2 Youth Sports and Dance/Cheer Photography
Sports leagues, dance studios, and cheer programs that book Pop Pxl for portrait day sessions acknowledge that Pop Pxl may use resulting images in our portfolio, website, and social media (Instagram and Facebook) as part of our ordinary marketing, because this is standard and expected practice in youth sports and dance photography. This use is not for third-party paid advertising and is limited to portfolio and social media promotion of Pop Pxl's own work.
Any parent, guardian, or adult participant who does not want their child's or their own image used this way may opt out at any time by emailing [hello@poppxl.com], and Pop Pxl will remove the image from future use and take down any existing posts within a reasonable time.
Organizations that would prefer an opt-in model instead of this default opt-out approach may request one in writing, and Pop Pxl will accommodate that request for their program.
5.3 Event Photography and Photo Booths
Guests who voluntarily participate in a Pop Pxl photo booth, photo station, or roving photography experience at a corporate event, gala, or public function consent to being photographed as part of that participation. Pop Pxl and the hiring organization may use resulting images for event recap content, internal use, and promotional purposes related to that event, unless a specific written contract with the hiring organization or venue states otherwise.
5.4 Personal Use License
Individuals and families who purchase digital images, prints, or products receive a personal, non-commercial license to download, print, and share those materials for personal use, including personal social media posting. This personal license does not permit resale, sublicensing, commercial endorsement use, or transfer of rights to a third-party business.
6. No Paid Advertising Without Separate Permission
Regardless of service category, Pop Pxl will never use an identifiable photograph of any student, athlete, dancer, event guest, or other individual in a paid advertisement (including paid social media ads, print ads, billboards, or third-party sponsored placements) without a separate written permission from that person or their parent or legal guardian. Portfolio display, an organic social media post, and our own website are not considered paid advertising for purposes of this section.
7. Organization Responsibilities
Schools, leagues, studios, and event hosts that book Pop Pxl are responsible for obtaining any permissions, approvals, or releases required under their own policies for venue access, participant safety, and any use of images beyond what is described in this document or their specific agreement with Pop Pxl. Each organization agrees to indemnify and hold Pop Pxl harmless from claims, damages, or losses arising directly from that organization's failure to obtain permissions or releases it was responsible for securing.
8. Delivery and File Retention
Edited images are typically delivered within fourteen days of a session unless otherwise agreed in writing. Pop Pxl is not required to archive delivered files indefinitely and may delete or archive galleries after a commercially reasonable retention period. Requests to reactivate an expired gallery or restore archived files may be subject to an additional fee if the files are still available.
9. Liability and Insurance
Pop Pxl maintains general liability insurance and will provide a Certificate of Insurance upon request. Each party is responsible for injuries, losses, or property damage caused by its own negligence or willful misconduct. Clients and event hosts are responsible for the safety, legality, and condition of their venue; Pop Pxl is responsible for the safe operation of its own equipment, booths, and personnel. To the fullest extent permitted by law, Pop Pxl's total liability under these Terms will not exceed the total amount paid to Pop Pxl for the applicable service, and Pop Pxl will not be liable for indirect, incidental, consequential, or punitive damages, including lost profits or reputational harm.
10. Specific Written Agreements Control
Where Pop Pxl has a separate signed agreement with a school, league, studio, venue, university, corporation, or other organization that addresses image rights, usage, exclusivity, or any other topic covered in these Terms, the terms of that specific written agreement will control for that engagement in the event of any conflict with these general Terms.
11. Force Majeure and Rescheduling
If weather, unsafe conditions, facility issues, emergencies, government restrictions, or other events beyond either party's reasonable control prevent a scheduled session or event from occurring, the affected service may be rescheduled by mutual agreement. If Pop Pxl is unable to perform due to illness, equipment failure, or similar circumstances within our control, we will reschedule at no additional charge or refund fees paid for the unperformed portion, at the client's choice.
12. Independent Contractor
Pop Pxl is an independent contractor and not an employee, partner, or agent of any client or organization it serves. Pop Pxl may use qualified associate photographers, editors, or other staff and subcontractors to fulfill services under these Terms.
13. Governing Law
These Terms are governed by the laws of the State of Tennessee. Venue for any dispute will lie in Blount County, Tennessee, unless the parties agree otherwise in writing.
14. Changes to These Terms
Pop Pxl may update these Terms from time to time. The effective date at the top of this document reflects the most recent revision. Continued use of our services after an update constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms, or requests to opt out of image usage, can be sent to hello@poppxl.com.