The terms for using our site.

01Agreement to these terms#

These Terms of Use are an agreement between you and J.L. Wiswell Photography (“we,” “us,” “our”). They cover jlwiswell.com, our galleries and art store at gallery.jlwiswell.com, and the other online pages we operate (together, the “Site”). By using the Site you agree to these terms and to our Privacy Policy, which is part of them. If you do not agree, please do not use the Site.

If you are under 18, you are welcome to browse. Only an adult may book a session, sign a client agreement or place an order, and a parent or guardian books on behalf of a student under 18.

02What the Site is for#

The Site presents our portrait work, explains how a session and our pricing work, and offers guides we have written about locations, planning, travel and gear. It is provided for your information. Our guides reflect our own experience and opinions at the time we wrote them; hours, prices, access rules and conditions at the places we describe change, so confirm details before you travel or buy. Nothing on the Site is professional advice of any kind. Some links to products are affiliate links, and we may earn a commission at no cost to you.

03Pricing, availability and booking#

Session fees, collections, product descriptions, availability and any other prices on the Site are information, not an offer. They may change without notice, and we correct errors when we find them. Wisconsin sales tax applies where the law requires it.

A date is reserved only when you have accepted a proposal from us, paid the session fee, and, where we require it, signed the client agreement. Until then nothing on the Site, and no email or message about dates, holds a date for you.

04Your session and the client agreement#

Everything about a session and its products, including your images, the release for portfolio use, payment, rescheduling and cancellation, delivery and the guarantee, is governed by the client agreement you sign with us. Where the client agreement and these terms differ about a session or an order, the client agreement controls. These terms govern your use of the Site.

05Our photographs and content#

Every photograph, film, illustration, page design, text, logo and mark on the Site belongs to J.L. Wiswell Photography or is used with permission, and is protected by United States and international copyright and trademark law. We grant you a limited, revocable license to view the Site for personal, non-commercial purposes.

Without our written permission you may not download, save, screenshot, copy, print, reproduce, alter, crop, remove a watermark or credit from, distribute, publish, sell, or make derivative works from any image or other content on the Site; use any content to train, fine-tune or evaluate an artificial intelligence or machine-learning system; or crawl, scrape or bulk-download the Site for any purpose. Sharing a post from our social accounts through that platform’s own share features, with our credit intact, is welcome.

Your own portraits are licensed to you under your client agreement and print release, and downloads from your gallery are governed by that release. For editorial, press, licensing or other reuse of our work, email [email protected].

06Your submissions#

When you send us an inquiry, quiz answers, a review, a message or anything else through the Site, you confirm that it is accurate and yours to share, and that you have permission to share any information about another person it contains. A parent or guardian may send us a student’s information.

We may keep and use your submissions to respond to you, run the studio and improve our work. We may quote a review or testimonial as described in our Privacy Policy, and we will remove it if you ask. We may decline to use or may remove any submission at our discretion. Please do not send us confidential ideas or materials; we cannot promise to keep unsolicited material confidential.

07Acceptable use#

You agree not to:

• interfere with the Site, its security or its availability, or bypass a security or spam check such as Turnstile or reCAPTCHA;
• use bots, scrapers or automated tools to access, copy or download content;
• submit false information, impersonate anyone or send spam or bulk messages through our forms;
• upload or transmit malware or other harmful code;
• collect information about our clients or other visitors;
• frame, mirror or republish the Site or any part of it;
• use the Site for any unlawful purpose or in violation of these terms.

We may block, limit or end anyone’s access to the Site at any time for any reason, including a breach of these terms.

08Third-party services and links#

The Site links to and works with services we do not control, including Pic-Time, Dubsado, Vimeo, Instagram, YouTube, TikTok, Facebook and Google. Each has its own terms and privacy policy, and your use of them is between you and that company. A link is a convenience, not an endorsement, and we are not responsible for the content, products or practices of any third party.

09Disclaimers#

The Site and everything on it are provided “as is” and “as available,” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, secure or error-free, that content is accurate, complete or current, or that the Site or our emails are free of harmful components. Some states do not allow certain warranty exclusions, so some of the above may not apply to you.

Portfolio images show finished work from real sessions. Every session and every person is different, and results depend on many things, including light, weather, location and the people in front of the camera. What we promise about your own session is set out in your client agreement.

10Limitation of liability#

To the fullest extent permitted by law, J.L. Wiswell Photography and its owners, family members who assist at sessions, contractors, suppliers and licensors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits, goodwill or opportunity, arising out of or connected with your use of or inability to use the Site, its content or any linked service, whether based on contract, tort (including negligence), strict liability or any other theory, even if we were advised of the possibility. Our total liability for all claims arising out of the Site will not exceed one hundred United States dollars ($100). Claims arising from a session or an order are governed by the client agreement and its own limits. Some states do not allow certain limitations, so some of the above may not apply to you.

11Indemnity#

You agree to defend, indemnify and hold harmless J.L. Wiswell Photography and its owners from any claim, loss, liability, damage or expense, including reasonable attorneys’ fees, arising from your breach of these terms, your misuse of the Site or its content, your infringement of anyone’s rights, or anything you submit through the Site.

12Copyright complaints#

We respect the rights of other creators. If you believe content on the Site infringes a copyright you own or control, email [email protected] with the subject line “Copyright notice” and include: a description of the work; the URL of the material you believe infringes it; your name, address, phone and email; a statement that you believe in good faith the use is not authorized by the owner, its agent or the law; a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. We respond to complete notices promptly.

13Governing law and disputes#

These terms and any dispute about the Site are governed by the laws of the State of Wisconsin and applicable federal law, without regard to conflict-of-law rules.

If you have a concern, write to us first. We will try in good faith to resolve it with you within thirty days before either of us starts a legal proceeding. Any legal action about the Site will be brought exclusively in the Circuit Court for La Crosse County, Wisconsin, or the United States District Court for the Western District of Wisconsin, and you and we each consent to the personal jurisdiction of those courts. We may also seek an injunction or other urgent relief in any court with jurisdiction to protect our intellectual property. In any action to enforce these terms, the prevailing party may recover its reasonable attorneys’ fees and costs.

14Changes and general terms#

Changes. We may update these terms at any time by posting the new version here with a new date at the top. Using the Site after a change means you accept the updated terms.

Severability. If any part of these terms is found unenforceable, that part will be narrowed or removed to the minimum extent needed, and the rest remains in effect.

No waiver. If we do not enforce a provision, we are not giving up the right to enforce it later. A waiver is effective only in writing.

Assignment. We may assign these terms in connection with a sale or reorganization of the studio. You may not assign them.

Entire agreement. These terms and the Privacy Policy are the whole agreement between you and us about the Site. Your client agreement is the whole agreement about your session and order.

15Contact#

J.L. Wiswell Photography
3040 Wild Rose Lane
Onalaska, Wisconsin 54650
[email protected]
608-279-8095