Terms & Conditions

Wildwood Digital Media

Last updated: November 21, 2025

These Terms and Conditions (“Terms”) govern:

  • Your use of the website WildwoodDM.com, and

  • Your purchase and use of photography and videography services (the “Services”)

provided by Wildwood Digital Media (“Wildwood,” “we,” “us,” “our”).

By using the Site or booking Services with us, you agree to these Terms. If you do not agree, do not use the Site or our Services.

1. Parties & Contact

These Terms are between you (“Client,” “you”) and:

Wildwood Digital Media
16801 NW Shadow Hills Ln
Beaverton, Oregon 97006, USA
Email: jd@wildwooddm.com

2. Booking, Retainers & Payments

Quotes are generally valid only for a limited time (e.g., 14 days) unless stated otherwise.

  • A non‑refundable retainer/booking fee (amount specified in your invoice or contract) is required to secure your date. We may accept other bookings for your date until we receive both the signed agreement and the retainer.

  • The retainer is applied to your total fee but is not refundable except where required by law or where we cancel under Section 5.

Remaining balances and payment schedules are set out in your specific contract or invoice. If payments are late:

  • We may charge reasonable late fees and/or interest to the maximum extent permitted by Oregon law;

  • We may postpone work, withhold delivery, or, if necessary, cancel your booking without further obligation to you beyond what the law requires.

3. Client Rescheduling & Cancellation

3.1 Rescheduling by Client

Rescheduling requests must be made in writing.

  1. Rescheduling is subject to our availability. If we are unavailable on your requested new date, it may be treated as a cancellation.

  2. A rescheduling fee may apply, especially for changes made close to the event date, as described in your contract.

3.2 Cancellation by Client

If you cancel the Services, the retainer and any clearly designated non‑refundable payments remain non‑refundable.

  1. Additional cancellation charges may apply (for example, when cancellation occurs within a certain number of days of the event) to reflect work performed and lost opportunities.

4. Rescheduling, Substitution, or Cancellation by Wildwood (Force Majeure)

If we are unable to perform some or all Services due to illness, emergency, equipment failure despite reasonable precautions, extreme weather, natural disasters, government restrictions, or other events beyond our reasonable control:

  • We may substitute another qualified photographer or videographer where practical;

  • We may offer to reschedule Services to a mutually agreeable date;

  • If we cannot reasonably reschedule or provide Services and no suitable substitute is available, our maximum liability is limited to a refund of amounts you have paid for Services not yet performed.

We are not responsible for consequential or incidental damages (such as travel costs, lost income, emotional distress) to the fullest extent permitted by law.

5. Client Responsibilities

We may share your information with:

  • Service providers and vendors – hosting companies, email and CRM tools, online gallery providers, backup and storage services, payment processors, album/print labs, analytics and marketing tools.

  • Subcontractors – second shooters, assistants, editors, and other professionals engaged to help deliver your Services.

  • Professional advisors – lawyers, accountants, insurers, and consultants as necessary.

  • Business transfers – in connection with a merger, sale, or other reorganization, your information may be transferred as a business asset.

  • Legal and safety purposes – when we believe in good faith that disclosure is necessary to comply with law, enforce our agreements, protect our rights or the rights or safety of others.

We do not sell personal information in exchange for money. However, some data sharing with analytics or advertising partners could be considered a “sale,” “sharing,” or “targeted advertising” under some state privacy laws, including Oregon’s OCPA and similar laws in other states. Oregon Department of Justice+2White & Case LLP+2

Where such laws apply, you may have the right to opt out of these specific uses (see Section 8 – Your Rights & Choices).

6. Artistic Style & Creative Discretion

By hiring Wildwood, you acknowledge that:

  • You have reviewed our portfolio and are booking us for our artistic style and professional judgment;

  • We retain full creative discretion over how we photograph/film and edit, including selection of delivered images or clips;

  • We cannot guarantee capture of any specific moment, pose, person, or detail, even if requested.

Shot lists and requests are guidelines, not guarantees. We generally do not provide unedited or RAW files unless expressly agreed in writing and subject to additional fees and licensing terms.

7. Editing, Retouching & Deliverables

We perform standard editing and color correction according to our style.

  • Extensive retouching or special effects (e.g., body reshaping, complex object removal, composites) may be offered at additional cost.

  • Approximate delivery timelines (for galleries, digital files, albums, or videos) are stated in your contract or invoice. These are estimates, not guarantees, but we will act in good faith to deliver within a commercially reasonable timeframe.

You are responsible for promptly downloading and backing up delivered files. We are not obligated to retain files indefinitely.

8. Intellectual Property & Usage Rights

8.1 Ownership

Unless otherwise agreed in writing, Wildwood retains all copyrights and intellectual property rights in the images, footage, and other works we create.

8.2 License to Client – Personal Use

Upon full payment, we grant you a non‑exclusive, non‑transferable license to:

  • Download and store the final images or video delivered;

  • Use them for personal, non‑commercial purposes (e.g., printing for personal use, sharing with friends and family, posting on personal social media), provided you do not misrepresent authorship.

You may not:

  • Sell the images/video or license them to third parties;

  • Use them to promote a business, product, or service (including your own) without a separate commercial license;

  • Apply edits or filters that significantly degrade or misrepresent our work in public or commercial contexts, particularly in ways that may harm our reputation.

8.3 Commercial & Vendor Use

Any commercial or promotional use (including by vendors, venues, or other businesses using the images/video to market themselves) requires our prior written consent and may involve additional licensing fees.

9. Model Release & Promotional Use by Wildwood

Unless you and Wildwood explicitly agree otherwise in writing before the session or event:

  • You grant Wildwood a perpetual, worldwide, royalty‑free license to use images and video that include you, your event, or your property, in any media, for the purpose of promoting and advertising Wildwood’s business (e.g., on WildwoodDM.com, social media, printed marketing, studio samples, competition submissions, editorial features).

  • If you are booking on behalf of others, you represent that you have authority to grant such rights or to secure required permissions from participants.

If you have specific privacy or safety concerns (e.g., sensitive family situations, confidentiality needs), please discuss them with us in advance. We will consider reasonable restrictions, particularly with respect to minors or sensitive situations, and may document them in writing.

10. Website Use & Content

You may use the Site for lawful, personal purposes only. You agree not to:

  • Copy, scrape, or download content in bulk;

  • Attempt to hack, bypass security, or interfere with Site operation;

  • Use our images, text, logo, or branding without permission, other than as permitted by the limited license granted above.

All content on the Site is owned by Wildwood or our licensors and protected by copyright and other laws.

11. Third‑Party Links & Services

The Site may contain links to third‑party websites or services (e.g., gallery platforms, scheduling tools, social media). Wildwood is not responsible for third‑party content, policies, or practices. Your use of those sites is at your own risk and governed by their terms and privacy policies.

12. Disclaimers

To the maximum extent permitted by law:

  • The Site and Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.

  • We do not guarantee uninterrupted or error‑free operation of the Site or Services.

Certain jurisdictions do not allow limitations on implied warranties, so portions of this section may not apply to you.

To the fullest extent allowed by law:

  • Wildwood’s total liability for any claim arising out of or relating to the Site or Services will not exceed the total fees you actually paid to us for the specific Services giving rise to the claim.

  • We will not be liable for any indirect, incidental, consequential, special, or punitive damages (including emotional distress, lost profits, or lost opportunities), even if we have been advised of their possibility.

Nothing in these Terms is intended to limit liability that cannot be limited under applicable law.

13. Limitation of Liability

14. Indemnification

You agree to indemnify and hold harmless Wildwood, its owners, employees, and contractors from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your breach of these Terms or any separate contract with us;

  • Your misuse of the Site, images, or video;

  • Your violation of any law or third‑party rights (including privacy or publicity rights) in connection with the images or video.

15. Disability, Non‑Discrimination & Accessibility

Wildwood aims to comply with applicable disability and public accommodation laws, including the Americans with Disabilities Act (ADA) and Oregon laws that prohibit discrimination against individuals with disabilities in places of public accommodation. FindLaw Codes+3ADA.gov+3Legal Information Institute+3

We will make reasonable modifications to our policies and practices when necessary to provide equal access to our goods and services, unless doing so would fundamentally alter their nature or impose an undue burden, consistent with the ADA and Oregon law. ADA.gov+3ADA.gov+3Disability Rights South Carolina+3

See our Disability & Accessibility Policy below, which is incorporated into these Terms by reference.

16. Governing Law & Venue

These Terms and any disputes arising from them are governed by the laws of the State of Oregon, without regard to conflict‑of‑law principles.

You agree that any legal action or proceeding relating to the Site, the Services, or these Terms will be brought exclusively in the state or federal courts located in Washington County, Oregon, except that either party may bring a qualifying claim in small claims court.

17. Changes to These Terms

We may update these Terms from time to time. The “Last updated” date at the top reflects the latest changes. Your continued use of the Site or Services after updates means you accept the revised Terms.

18. Contact

Questions about these Terms?

Wildwood Digital Media
Email: jd@wildwooddm.com
Address: 16801 NW Shadow Hills Ln, Beaverton, Oregon 97006, USA