Terms of Service

Who this is between

These terms are between Monique Larkin, doing business as JPEG Bruja (the “Photographer”), and you, a guest who checks in for a portrait session at a JPEG Bruja event or uses Bruja Sessions (sessions.jpegbruja.com) to hold a place in line, receive text or email updates, and view or download portraits. By checking in, paying for a session, or using a gallery link you agree to these terms. They apply to free and paid sessions alike; anything different has to be agreed in writing between you and the Photographer.

Your session

Photography is a creative service. The Photographer keeps final artistic discretion over composition, posing, lighting, image selection, retouching, color treatment (including black and white), cropping, and how the finished portraits are presented. Not every requested pose, look, or reference can be reproduced, and not every frame taken is delivered.

Sessions at events are short and run in order. When it is your turn we will text or email you; if you are not at the booth within a few minutes we may take the next guest and fit you in when you return. The Photographer may end or decline a session if conditions become unsafe, abusive, or unlawful.

Fees and refunds

Many events are free. When a session, deposit, or balance is charged, the amount and any tax are shown before you pay. Session fees reserve the Photographer’s time and are earned when paid; they are not refunded if you leave the line, miss your turn, or do not appear, though the Photographer may apply them to a later session at her discretion. If the Photographer cannot photograph you because of her own illness, emergency, or equipment failure, she will offer another time or refund what you paid for services not performed. If a technical failure or file loss prevents delivery of usable images through no fault of yours, the remedy is a reasonable reshoot or a refund of the amount paid for the affected session, at the Photographer’s choice. Tips are voluntary and are not refundable.

Copyright

All photographs, files, proofs, edits, and outtakes created during your session are and remain the sole property and copyright of the Photographer. Nothing here transfers copyright, joint authorship, or control of the images to you. A session is not a work made for hire. You receive only the license below and whatever else the Photographer grants you in writing.

Your license to your portraits

You receive a personal portrait license: you may use the portraits delivered to you for personal, non-commercial purposes, including your personal social media accounts, personal websites, private prints, gifts, and your own archive. The license is non-exclusive, non-transferable, and non-sublicensable, and for paid sessions it takes effect on full payment.

This license does not permit:

• advertising, product or business promotion, sponsored content, use by an employer, agency, or brand, publication for compensation, merchandise, resale, or licensing the images to anyone else;
• applying filters, altering color, retouching, using image-generation or image-modification tools, removing watermarks, or otherwise presenting the work in a way that misrepresents the Photographer’s final edit. Cropping only as far as a platform requires is fine;
• sharing your private gallery link publicly or passing it to others.

Please credit JPEG Bruja where practical and tag @jpegbruja when you post. Professional, editorial, or commercial use needs a separate written license from the Photographer.

The Photographer’s use of your portraits

Unless you and the Photographer agree in writing that your session is private, you grant the Photographer permission to use the images from your session, including your recognizable likeness, for her portfolio, website, social media, advertising, print materials, competitions, exhibitions, publications, and other lawful promotional or artistic purposes. This permission is worldwide, perpetual, royalty-free, transferable, sublicensable, and irrevocable to the fullest extent the law allows. The Photographer will not knowingly use an image in a defamatory, unlawful, sexually explicit, or materially misleading way, or imply that you personally endorse an unrelated product or business. To ask that a portrait not be used publicly, write to hello@jpegbruja.com.

Other people and minors

If you check in on behalf of someone else, or bring others into your session, you confirm you have their permission for the session and for the uses described here. A parent or legal guardian must check in for, and agree on behalf of, anyone under eighteen; the Photographer may decline to photograph a minor without one present. Tell the Photographer before the session about any agency, employer, or other restriction that affects how your images may be used.

Delivery, resolution, and files

Finished portraits are delivered to a private online gallery, with a link sent by text or email. Delivery times are estimates, not guarantees; the Photographer may need more time for volume, travel, illness, or the work itself. Gallery images are delivered at web resolution suited to screens and social media. Full-resolution files and prints, where offered, are available through the Photographer’s print service. RAW files, unedited captures, proofs, rejected frames, and project files are never delivered, licensed, or shown. Requests for extra edits or frames are at the Photographer’s discretion and may be priced separately; paying for editing does not expand your license.

Galleries and archive

Galleries are private, unlisted links meant for the guest they were made for. Portraits stay online for approximately 30 days after delivery, and we send a reminder before they come down. After that they are removed from online storage; the Photographer may keep or delete her own files at her discretion and does not guarantee indefinite storage. Download and back up anything you want to keep.

Text message program

Program name: JPEG Bruja photo delivery. Guests who provide a mobile number at check-in agree to receive automated, transactional text messages about their photo session: queue alerts (for example, that their session is about to begin) and photo delivery notifications containing a link to their private gallery. Messages are sent only in connection with an event the guest checked in to.

• Message frequency varies by event; typically 1 to 4 messages per event.
• Message and data rates may apply.
• Reply STOP at any time to cancel and stop receiving messages. Reply HELP for help, or contact us at hello@jpegbruja.com.
• Providing a phone number is optional and is not a condition of receiving your photos; email delivery is available instead.
• Carriers are not liable for delayed or undelivered messages.

Acceptable use

Do not attempt to access galleries that are not yours, disrupt the service, or use it to send unsolicited messages. We may suspend access that violates these terms.

Limitation of liability

To the fullest extent the law allows, the Photographer’s total liability arising from a session, the service, or the delivered images will not exceed the amount you actually paid for the session in question (for a free session, zero). The Photographer is not liable for indirect, incidental, consequential, emotional, reputational, lost-profit, or punitive damages arising from a session, delayed delivery, image loss, creative differences, or the use of the images. Nothing here limits liability that cannot legally be limited.

Your responsibility

You agree to hold the Photographer harmless from third-party claims and reasonable costs arising from your use of images outside the license above, from permissions you were responsible for and did not obtain, or from your conduct or that of the people you bring to a session.

Governing law

These terms are governed by the laws of the State of New Mexico. Any dispute will be brought in the state courts of Doña Ana County, New Mexico, or the United States District Court for the District of New Mexico when federal jurisdiction applies. Before filing a claim, both sides agree to try to resolve the matter directly in writing.

Changes and contact

These terms, together with any invoice, written license, release, or addendum from the Photographer, are the whole agreement about your session; if one part is unenforceable the rest still applies. We may update these terms; the effective date above reflects the latest revision. Questions: hello@jpegbruja.com. See also our Privacy Policy.