Photography Services Agreement
1. Engagement of Photographer
1.1 Services. Subject to the terms set out herein, Client engages Photographer to provide, and Photographer agrees to provide, the photography services described in this Section 1.1 (the “Services”).
Description of Services:
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Digital photography, editing, and printing services
As part of the Services, the Photographer will produce or take similar action to create materials from Images and provide related deliverables (as set out above) pursuant to the provision of the Services (“Work Product”). “Images” means photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints or digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.
1.2 Exclusivity. Client acknowledges and agrees that Photographer will be the exclusive provider of the Services, unless otherwise agreed to by the parties in writing.
2. Fees and Payment
2.1 Fees. Client will pay Photographer the fees set out herein in this Section 2.1 (“Fees”), including any applicable federal or state/provincial sales or value-added taxes due on such Fees.
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Total Fee for Services
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Retainer due upon signing: full amount
2.2 Retainer. Client acknowledges and agrees that the retainer amount set out above is due upon the signing of this Agreement and is not refundable (“Retainer”), so as to fairly compensate Photographer for committing his/her time to provide the Services and turning down other potential projects or clients. Both parties agree that the Retainer will be credited towards the total Fees payable by Client.
2.3 Invoice. Photographer will issue an invoice to Client upon agreement of the Services (“Invoice”). Client agrees to pay all Fees outstanding on or prior to the due dates set out in Section 2.1. Any payment after the due date will incur a late fee of 5% per month on the outstanding balance. Client acknowledges that the final amount payable may be subject to change depending on the amount actual expenses incurred. Client confirms and agrees that the final calculations provided in the Invoice, should they be different from the total listed in Section 2.1, will be the final amount payable.
3. Client Responsibilities
3.1 Required Consents. Client will ensure that all required consents, as applicable, have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by Photographer and, as applicable, from venues or locales where the Services are to be performed or from attendees or participants of the photo shoot.
3.2 Expenses. Client will provide the means of travel or be responsible for reasonable travel expenses incurred by Photographer that are necessary for the performance of the Services or travel that is otherwise requested by Client where the location of the performance of the Services is not in the city of Seattle. Client will be responsible for any other expenses incurred by Photographer that are necessary for the performance of the Services as more particularly set out in Article 2.
3.3 Waiver. Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.
4. Photographer Responsibilities
4.1 Equipment. Client will not be required to supply any photography equipment to Photographer.
4.2 Manner of Service. Photographer will ensure that the Services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client’s activities.
4.3 Photography Staff. Photographer will, and will ensure that all Photography Staff (employees, assistants or other parties engaged by Photographer to assist with the Services):
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Comply with the reasonable directions of Client from time to time regarding the safety of attendees or participants at the photo shoot and applicable health, safety and security requirements of any locations where the Services are provided;
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Ensure that Work Product meets the specifications set out in Section 1.1 in all material respects.
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Photographer will be responsible in every respect for the actions of all Photography Staff.
5. Artistic Release
5.1 Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.
5.2 Style. Client acknowledges and agrees that:
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Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style
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Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
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Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
6. Term and Termination
6.1 Term. This Agreement will begin on the Effective Date and continue until the latter of (i) the date where all outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has been delivered (“Term”).
6.2 Cancellation. Client may reschedule the Services (“Rescheduling”) by providing Photographer with written notice no later than 1 day before the original date of the Services (the “Minimum Notice”). Client acknowledges and agrees that Client is not relieved of any payment obligations for Cancellations and Rescheduling unless the Minimum Notice in accordance with this Article 6 is duly provided or unless the parties otherwise agree in writing.
6.3 Rescheduling. In the event of Rescheduling, Photographer will use commercially reasonable efforts to accommodate Client’s change. If Photographer is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that Photographer will be under no obligation to perform the Services other than on the original date of the Services.
6.4 No Refund. Client acknowledges and agrees that Cancellation by Client will not result in a refund of any fees paid on or prior to the date of Cancellation by Client.
6.5 Replacement. In the event that Photographer is unable to perform the Services, Photographer, subject to Client’s consent, which is not to be reasonably withheld, shall cause a replacement photographer to perform the Services in accordance with the terms of this Agreement. In the event that such consent is not obtained, Photographer shall terminate this Agreement and shall return the Retainer and all fees paid by Client, and thereafter shall have no further liability to Client.
7. Ownership of Work Product by Photographer
7.1 Ownership of Work. Photographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any attendees or participants at the photo shoot) hereby grants Photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Client Materials”) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s services, including in connection with Photographer’s studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict Photographer from using Client Materials as provided herein.
8. Limited License to Client
8.1 Personal Use. Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. Client will not make any other use of the Work Product without Photographer’s prior written consent, including but not limited to use of the Work Product for commercial sale.
9. Indemnity and Limitation of Liability
9.1 Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.
9.2 Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Retainer) shall be returned within 15 days of the date of termination of the Agreement.
9.3 Failure to Deliver . Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees or participants at the photo shoot that are beyond the control of Photographer (e.g., camera flashes).
9.4 Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.
10. General
10.1 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
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Photographer’s Email:
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Client’s Email:
10.2 Survival. Articles 7, 8, 9 and 10 will survive termination of this Agreement.
10.3 Governing Law. This Agreement will be governed by the laws of the state of Washington, United States of America.
10.4 Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.
10.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.
10.6 Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.
Coffee-Stained Media Image Licensing, Use, & Printshop Agreement
Image Licensing – Coffee-Stained Media
Copyright Ownership
Unless explicitly transferred in writing, all images created by Coffee-Stained Media remain the copyrighted property of Coffee-Stained Media. Purchase of a session, images, or digital files does not transfer copyright ownership.
Personal Use License (Included)
All non-commercial photography sessions include a Personal Use License at no additional cost.
Includes:
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Personal social media sharing
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Personal printing through our printshop (home décor, gifts)
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Personal portfolios and resumes
Does not include:
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Paid advertising
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Business or promotional use
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Product sales
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Prints outside our printshop
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Third-party use
Price: $0
Commercial Image Licensing
Any use of images for business, promotional, advertising, or revenue-generating purposes requires a commercial image license, issued per image. Commercial licensing is based on scope of use and distribution reach, not production time.
Commercial Photo License – Local / Small Business
Price:
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$100 per image / year
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$500 per image / lifetime
Includes:
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Business website use
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Organic social media
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Local print marketing
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Single brand
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Local reach
Commercial Photo License – Regional Campaign
Price:
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$500 per image / year
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$2,500 per image / lifetime
Includes:
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Multi-market or statewide campaigns
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Paid digital or regional print advertising
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Single brand
Commercial Photo License – National / Global
Price:
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$1,000 per image / year
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$5,000 per image / lifetime
Includes:
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National or international campaigns
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Packaging and large-scale advertising
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Major brands or publishers
Lifetime Commercial License
A lifetime license permits unlimited duration and platforms within the licensed scope and allows paid advertising. A lifetime license does not transfer copyright ownership and does not permit resale or sublicensing.
Copyright Transfer (Buyout)
A copyright transfer conveys full ownership of the image to the client and replaces all licensing.
Price:
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Four (4×) times the applicable lifetime license rate, unless otherwise agreed in writing
Includes:
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Full ownership transferred to the client
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Unlimited use, forever
Unless otherwise stated in writing, Coffee-Stained Media retains the non-exclusive right to display the image for portfolio, promotional, educational, and award or contest submission purposes.
Portfolio, Promotional, and Educational Use
Unless otherwise agreed in writing, Coffee-Stained Media may use images for:
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Portfolio and website display
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Studio marketing and promotion
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Social media
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Educational presentations
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Award and contest submissions
Unauthorized Use
Any use of images outside the scope of the granted license constitutes unauthorized use and may result in retroactive licensing fees, additional charges, or enforcement of copyright rights.
Licensing Modifications
Licensing fees may be waived, reduced, or modified at the discretion of Coffee-Stained Media. Any modification applies only to the specific project and does not imply future waivers.
Governing Agreement
All image licensing is governed by these terms and any accompanying written agreement or invoice. In the event of a conflict, the written agreement shall control.
Printshop Agreement – Coffee-Stained Media
Quick Summary (TL;DR):
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We only print images we take, you own or have written permission to use.
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Photos uploaded beneath a certain quality threshold will automatically receive professional upscaling presented as an alternative for printshop orders.
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Want edits, color correction, or restoration? Request them in the gallery comments before printing.
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If you submit copyrighted material without permission, you are legally responsible—not us!
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Common “not allowed” images: celebrity photos, movie posters, sports logos, famous artwork, downloaded web images, etc.
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Not sure? Contact us before uploading—we’re happy to help!
Printshop Copyright & Image Quality Acknowledgement
Copyright Responsibility & Agreement
By submitting any photographs, artwork, or images (“Content”) to Coffee-Stained Media for print, you acknowledge and agree to the following:
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Ownership & Rights:
You affirm that you are the sole owner of all rights, including any and all copyright, necessary to reproduce and print the Content you are submitting. If you are not the copyright owner, you affirm you have obtained explicit, written permission from the rightful copyright holder to use and print the Content.
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What is Copyright? Who Owns It?
In the United States (and most other countries), copyright is automatically owned by the creator (the person who took the photo or created the artwork) at the moment the work is created.
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If you took the photograph or created the art, you likely own the copyright.
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If someone else took the photo (such as a professional photographer or artist), they (or their employer, in some cases) own the copyright unless they have transferred those rights to you in writing.
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Downloading images from the internet, social media, or other sources does not give you the right to reproduce or print them.
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How Can I Acquire Printing Rights?
If you did not create the Content, you must obtain written permission (a license or release) from the copyright owner (the original creator or their authorized representative) to print, reproduce, or otherwise use the work. This may involve:
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Purchasing a print release from a photographer or artist.
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Receiving an email or written statement explicitly granting you permission to print the image(s).
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Obtaining images from a stock photo service with a valid license for printing.
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Consequences of Copyright Infringement:
Printing images without proper rights or permission can result in serious legal and financial consequences, including but not limited to:
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Removal of printed materials and destruction of unauthorized copies.
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Payment of monetary damages, which may be substantial.
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Responsibility for legal fees, fines, or court costs.
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Potential criminal penalties in cases of willful infringement.
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Legal Responsibility:
You accept full legal responsibility for the Content you provide. Coffee-Stained Media is not liable for any claims, disputes, damages, losses, or legal actions resulting from the unauthorized use, reproduction, or printing of copyrighted or protected works. You agree to indemnify and hold harmless Coffee-Stained Media and its employees from any and all legal issues, claims, or headaches (literal or figurative) that may arise from printing images you do not have the legal right to reproduce.
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Right to Decline:
Coffee-Stained Media reserves the right to decline any print order, at its sole discretion, if we have reason to believe the Content may violate copyright law or our terms. We may request proof of ownership or permission before proceeding with your order.
If we must decline your order for copyright reasons, any advance payment will be promptly refunded.
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Examples of Images We Cannot Print Without Permission:
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Celebrity portraits, movie or TV posters, sports team logos or merchandise, images from comic books or video games, famous artwork, memes or images downloaded from the internet, social media photos not taken by you, and any commercial or copyrighted images not explicitly licensed for print.
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Have Questions?
Not sure if you can print something? Contact us before uploading! We’re happy to help clarify or check if you have the correct rights.
Image Resolution, Print Quality, & Editing Disclaimer
By uploading Content for print, you also acknowledge and agree to the following:
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Image Resolution Limitations:
Images captured by Coffee-Stained Media are created at a resolution and quality suitable for large, detailed prints and do not require enhancement. For customer-submitted images, we offer resolution and quality improvements using professional enhancement tools. This service is intended for files provided to our printshop and helps optimize images that may not have originally been captured for print. When applicable, submitted images that fall below our recommended resolution thresholds will automatically include an additional folder containing enhanced (up-resed) versions alongside the original files. Final print quality is still influenced by the clarity and resolution of the original image, and results may vary depending on the source material. Enhancement services do not change ownership or licensing of submitted images.
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Print Size Restrictions:
Available print sizes and shapes may be restricted based on the resolution or quality of your Content. Not all images are suitable for enlargement to poster size or non-standard shapes. Print options presented after upload will reflect these limitations.
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Edits, Color Work, and Restoration:
We also offer basic edits, color correction, and limited restoration services.
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If you would like us to make edits or adjustments to your images before printing, you may request these services after uploading your images but prior to placing a print order.
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Requests for edits or restoration should be submitted via the comment section on the relevant photo(s) in your provided gallery.
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Some requested edits, color corrections, or restorations may not be possible due to file limitations. We’ll always review requests before quoting.
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Service availability and pricing may vary depending on the complexity and time required. All requested services will be quoted and presented to you for approval via a price quote sheet before any work begins.
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Enhancement services do not change ownership or licensing of submitted images.
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No Guarantees of Print Perfection:
Coffee-Stained Media makes every effort to present print options best suited to your Content’s quality but cannot guarantee print clarity or perfection for images with insufficient resolution.
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File Retention & Archiving:
Coffee-Stained Media will securely retain your uploaded files for future re-orders, additional edits, or other print services unless you request deletion. You may request deletion of your files at any time. Free file retention is offered as a courtesy; while we make every effort to securely store your files, we cannot guarantee indefinite availability.
Coffee-Stained Media Image Use & Privacy Release
At Coffee-Stained Media, our passion is capturing unforgettable moments—and sharing them to spread joy, celebrate amazing pets, and support great causes! If you would like your images kept fully private and not used for any promotional purposes, copyright transfer options are available. By default, we may use select images from your session for the purposes listed below:
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Sharing on our social media and website
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Displaying in our studio and print samples
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Creating collaborative charity projects (like pet calendars, playing card decks, or products benefiting local shelters and adoption groups)
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Community contests, giveaways, and special features
You aren’t just helping us—you’re helping local pets, rescues, and our whole community.
Plus, you and your pet can participate in fun contests, get featured, and even win free goodies if your pet is selected for a project!
Plain English Reminder
Remember, when you order a print through Coffee-Stained Media, YOU are choosing what gets printed using OUR equipment.
All copyright responsibility—and any legal consequences—fall on you, the client.
We include these reminders not just to protect ourselves, but to look out for your best interests.
Please double-check that you have the rights to any images or art you submit!
If you are under 18, a parent or legal guardian must review and agree to these terms.
Required Customer Agreement
By signing (or by clicking “I Agree” when prompted), you confirm that you have read, understood, and accept all terms regarding copyright ownership, image quality, privacy, and printshop policies.
You further confirm that you are the sole copyright owner of all submitted images, or have obtained explicit written permission from the copyright owner to print and reproduce the content provided, and that you accept all legal responsibility for your order.