Terms & Conditions

These terms keep things clear and fair for everyone. Please read them before using the Site or commissioning artwork.

These Terms and Conditions ("Terms") govern your use of www.blackwaterportraits.com (the "Site") and the services provided by DLS Innovations Photography, LLC, doing business as Blackwater Fine Art Portraits ("Blackwater," "we," "us," or "our"). By using the Site, submitting an inquiry, or commissioning artwork, you agree to these Terms.

Use of the website

You may use the Site for lawful, personal, non-commercial purposes. You agree not to disrupt the Site, attempt to access areas you are not authorized to use, or use the Site in any way that violates applicable law or these Terms.

Intellectual property and copyright

All content on the Site, including images, artwork, text, graphics, the Blackwater name, logo, and design, is owned by or licensed to Blackwater and is protected by United States copyright and trademark law. Under U.S. copyright law, the photographer is the author and owner of the copyright in all images we create, and Blackwater retains that copyright in every photograph and finished piece of artwork unless a separate written agreement states otherwise.

What you may not do

Without our prior written permission, you may not download, copy, screenshot, save, scan, print, edit, alter, apply filters to, crop, reproduce, distribute, publicly display, or use for any commercial purpose any image or content from the Site or from your gallery or artwork. This includes reproducing artwork you have purchased through any lab, printer, app, or service other than Blackwater.

When you receive artwork or any images from Blackwater, you receive the finished pieces and any personal-use rights we expressly grant in writing. Ownership of the copyright remains with Blackwater.

Inquiries and appointment requests

Submitting an inquiry or an appointment request through the Site is a request to begin a conversation, not a confirmed booking. A session is reserved only once we have confirmed your date and time with you and received your retainer.

The Portrait Experience

Blackwater is a guided, full-service Portrait Experience. It typically includes a planning conversation, your session, and a Design Appointment where you view your images and design your finished artwork. Session details, wardrobe guidance, locations, and timing are planned with you in advance. The specific inclusions of your experience are those described to you at the time you reserve.

Retainers, cancellations, and rescheduling

A nonrefundable retainer is required to hold your session date and time. Your retainer is credited in full toward the artwork you choose at your Design Appointment, so it is never an added fee, but it is not refundable if you cancel. If you need to reschedule, please contact us as far in advance as possible and we will do our best to find a new date that works for you. Repeated rescheduling or a missed appointment without notice may require a new retainer to hold a future date.

Design Appointments and artwork purchases

After your session, you attend a Design Appointment, in person or as otherwise arranged, where you view your images and select and design your artwork. Artwork is purchased at the Design Appointment. Prices and product options are those presented at your appointment.

Custom and personalized products

Your artwork is custom made to order for you, including your selected images, sizes, materials, and framing. Because each piece is personalized and produced specifically for you, custom artwork is not eligible for return or exchange except as described under Product variations below.

Payment terms

Payment for artwork is due as agreed at your Design Appointment. Your order is placed into production once your payment terms are met. Payments are handled through a secure third-party payment processor. Any payment arrangement is at our discretion and will be confirmed with you in writing.

Product variations

Because our artwork is handcrafted and every screen displays color differently, slight variations in color, tone, texture, and finish are a natural part of fine art products and are not considered defects. We stand behind our craftsmanship and will make right any piece that arrives with a genuine production defect.

Production timelines and pickup

Finished artwork is crafted to an heirloom standard, which takes time. We will share an estimated timeline for your pieces at your Design Appointment, and timelines are estimates rather than guarantees. Completed artwork is collected in person at the studio unless another arrangement is made with us in advance.

Digital products

Blackwater is a wall-art studio first. When digital files are offered, they accompany the finished artwork you commission and are provided for your personal use under a license we grant. They may not be resold, altered, edited, filtered, or used commercially, and copyright in the images remains with Blackwater.

Third-party galleries and payment services

We may use third-party services to share proofs, deliver images, or process payments. Your use of those services is subject to their terms and privacy policies, and we are not responsible for their acts or omissions.

Website accuracy and availability

We work to keep the Site accurate and current, but we do not guarantee that all information, including pricing and availability, is free of errors or omissions, and information is subject to change without notice. The Site is provided on an "as is" and "as available" basis, and we do not guarantee it will be uninterrupted or error-free.

Limitation of liability

To the fullest extent permitted by law, Blackwater and DLS Innovations Photography, LLC will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or our services. Our total liability for any claim relating to the artwork or services will not exceed the amount you paid for the specific artwork or service giving rise to the claim.

Indemnification

You agree to indemnify and hold harmless Blackwater and DLS Innovations Photography, LLC from any claims, losses, or expenses arising out of your misuse of the Site, your violation of these Terms, or your infringement of any rights of a third party.

Governing law

These Terms are governed by the laws of the State of Ohio, without regard to its conflict of laws rules. Any dispute will be resolved in the state or federal courts located in Belmont County, Ohio.

Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date above. Your continued use of the Site after an update means you accept the revised Terms.

Contact us

DLS Innovations Photography, LLC dba Blackwater Fine Art Portraits
56490 Key Bellaire Rd, Bellaire, Ohio 43906
info@blackwaterportraits.com
(740) 391-4921

These Terms apply to the Blackwater Fine Art Portraits website and services provided from our studio in Bellaire, Ohio.