EVERPEAK Visuals — Policies

Policies

Last Updated: September 30, 2026

Focal Point Photography, DBA EVERPEAK Visuals

These policies apply to photography services, bookings, payments, client accounts, galleries, products, privacy, website use, communications, and related services provided by EVERPEAK Visuals.

These policies are organized into ten main sections so individual rules can be referenced clearly without repeating the same terms throughout the page. Nothing in these policies is intended to waive a legal right or remedy that cannot lawfully be waived.
01

General Terms & Policy Acceptance

1.1 — Business Identity

Focal Point Photography, doing business as EVERPEAK Visuals, is the photography business providing the services described on this website. References to “EVERPEAK Visuals,” “EVERPEAK,” “the Company,” “we,” “us,” “our,” or “the photographer” refer to Focal Point Photography, DBA EVERPEAK Visuals, unless a separate written agreement states otherwise.

1.2 — Scope of These Policies

These policies apply to photography sessions, booking requests, payments, client accounts, galleries, prints, products, support communications, website use, digital delivery, and other services provided by EVERPEAK Visuals. A service-specific agreement, invoice, proposal, release, or written addendum may contain additional terms for a particular service.

1.3 — Acceptance of Policies

By submitting a booking request, making a payment, creating or using an account, attending a session, purchasing a product, receiving photographs, or otherwise proceeding with a service after these policies are made available, the client acknowledges and accepts the policies applicable to that transaction. When a separate electronic checkbox, signature, or written acceptance is presented, that acceptance must be completed before the related service may proceed.

1.4 — Client Authority

A person making a booking represents that they have authority to make the booking, provide the submitted information, approve the requested location, authorize payment, and accept the applicable policies. A client arranging photography for another person, family, organization, business, event, or property is responsible for obtaining any permission reasonably necessary for the photography to occur.

1.5 — Accurate Information

Clients are responsible for providing accurate contact information, session details, names, addresses, attendee information, delivery information, and other details reasonably required to provide the service. EVERPEAK Visuals is not responsible for delays, missed communications, failed delivery, or other problems caused by materially incorrect or outdated information supplied by the client.

1.6 — Policy Conflicts

If a signed or electronically accepted agreement contains a term that directly conflicts with this general policy page, the more specific written term controls for that particular booking or service. All other provisions remain in effect to the extent they do not conflict.

1.7 — Non-Waivable Rights

Nothing in these policies is intended to remove or limit a legal right, remedy, cancellation right, privacy right, payment-dispute right, or consumer protection that applicable law does not permit the parties to waive.

02

Booking, Deposits, Cancellations & Refunds

2.1 — Booking Confirmation

A requested date, time, location, package, or service is not reserved until EVERPEAK Visuals confirms the booking and any required payment has been received. A submitted form, preliminary conversation, unfinished checkout, or automated acknowledgment does not by itself reserve a date or create a confirmed appointment.

2.2 — Reservation Deposit

Unless another written arrangement applies, a deposit equal to 50% of the session price is required to reserve a photography session. The deposit is applied toward the final session price when the session proceeds. Refundability of the deposit before the session is determined by the cancellation timeline in this section.

2.3 — Remaining Balance

The remaining balance must be paid by the deadline shown at booking, on the invoice, or in the applicable agreement. Unless EVERPEAK Visuals agrees otherwise in writing, all required charges must be paid before final high-resolution photographs, prints, products, or other completed deliverables are released.

2.4 — Cancellation Seven or More Days Before the Session

If the client cancels at least seven full calendar days, or at least 168 hours, before the confirmed session start time, the client may cancel without a 50% cancellation fee. Payments made toward the photography session will be refunded, excluding any separately purchased nonreturnable products, completed custom work, or nonrecoverable third-party charges that were already incurred for the client and disclosed as such.

2.5 — Rescheduling Seven or More Days Before the Session

A client who provides at least seven full calendar days of notice may request a reschedule without a cancellation fee. A replacement date remains subject to photographer availability. A reschedule is not complete until EVERPEAK Visuals confirms the new date and time.

2.6 — Cancellation Less Than Seven Days but More Than 48 Hours Before the Session

A cancellation or rescheduling request received less than seven full calendar days but more than 48 hours before the scheduled start time is considered a late-change request. A full refund is not guaranteed during this period. EVERPEAK Visuals may approve a reschedule, issue a full or partial refund, retain part of the deposit for reserved time or completed preparation, or apply a cancellation charge of up to 50% of the session price depending on the circumstances and work already performed.

2.7 — Cancellation Within 48 Hours

If the client cancels within 48 hours of the confirmed session start time, the 50% reservation deposit becomes the late-cancellation fee and is non-refundable. If the client has already paid more than the 50% deposit and photography has not begun, amounts paid above the 50% late-cancellation fee may be refundable unless those amounts represent completed custom work, approved nonrecoverable costs, products already ordered, or another lawful charge.

2.8 — No-Show

A client who fails to appear at the agreed location and time without an accepted cancellation or rescheduling arrangement forfeits the 50% reservation deposit as the cancellation fee. A replacement date may require a new booking and a new deposit.

2.9 — No Refund After Photography Has Begun

Once the scheduled photography service has begun and photographs have been captured, payments for that photography service are final and are not refundable at the client’s request. Photography is custom work involving reserved time, travel, equipment use, image capture, image selection, editing, retouching, and digital delivery. The service and photographs cannot be physically returned or restored to an unused condition after the work has been performed.

2.10 — No Refund After Completion or Delivery

After the session has been photographed, editing has been performed, or final photographs have been delivered, a refund will not be issued merely because the client changes their mind, decides not to use the photographs, prefers a different artistic style, loses interest in the service, fails to download the gallery within the available period, or later decides the photographs are no longer wanted.

2.11 — Duplicate Payments

If the same required charge is accidentally processed more than once and the duplicate amount is not actually owed, EVERPEAK Visuals will refund or reverse the verified duplicate payment. Correcting a duplicate payment does not cancel the underlying booking or alter a valid amount that remains due.

2.12 — Company-Fault Service Credits

If EVERPEAK Visuals determines that a significant service problem was directly caused by the Company or photographer after photography has begun, the Company may place a partial service credit on the client’s account instead of issuing a cash refund, unless a cash refund or another remedy is required by law. Service credits have no cash value and may not, by themselves or together with other Company-issued service credits, reduce the base price of a future photography session to zero. Unless another written exception applies, no more than 50% of a future session’s base price may be paid using service credits.

2.13 — Additional Charges

Travel, mileage, parking, admission, permits, venue charges, additional locations, extended session time, additional attendees, rush editing, extra images, specialty retouching, shipping, taxes, custom products, and other approved charges may be billed separately when applicable.

2.14 — Failed or Reversed Payments

If a payment is declined, reversed, returned, or otherwise fails, the related booking or order may remain unconfirmed or may be placed on hold until the payment issue is resolved. Deliverables may be withheld while a legitimate outstanding balance remains unpaid, to the extent permitted by law.

03

Sessions, Attendance, Locations & Safety

3.1 — Session Start and End Times

The confirmed start and end times define the reserved photography period. A client’s late arrival does not automatically extend the session because another booking or business obligation may follow.

3.2 — Excessive Lateness

If a client arrives so late that the agreed service cannot reasonably be completed, the photographer may provide a shortened session or treat the appointment as a no-show. A session shortened because of client lateness does not create a right to a partial refund.

3.3 — Attendee Limits

Package attendee limits apply unless EVERPEAK Visuals approves an exception. If the number of attendees materially exceeds the booked package, the Company may require an upgrade, reduce the number of combinations attempted, or decline to photograph additional attendees when doing so would exceed the agreed scope of work.

3.4 — Location Limits

Package location limits apply unless another arrangement is approved. Travel between locations counts toward the reserved session time unless the applicable package or written agreement specifically states otherwise.

3.5 — Location Permission

The client is responsible for confirming that photography is permitted at the requested location unless EVERPEAK Visuals expressly agrees to obtain permission. Any permit, reservation, admission, parking, or property-use fee required because of the client’s chosen location may be charged to the client when not already included in the session price.

3.6 — Weather

Outdoor sessions may be affected by rain, storms, wind, heat, cold, smoke, road conditions, cloud cover, and available light. EVERPEAK Visuals may require or recommend rescheduling when conditions are unsafe or would make the agreed session impractical.

3.7 — Company Rescheduling

EVERPEAK Visuals may reschedule a session when the photographer is ill, injured, facing an emergency, unable to safely reach the location, affected by severe weather, road closures, equipment failure, government restrictions, venue restrictions, or another circumstance that reasonably prevents performance. A client will not be charged a client cancellation fee when EVERPEAK Visuals initiates the reschedule.

3.8 — Safety

The photographer may refuse to enter or remain in a location reasonably believed to be unsafe, unlawful, structurally unsound, threatening, excessively hazardous, or likely to create an unreasonable risk of injury, equipment loss, or property damage. The photographer may stop a session if conditions become unsafe.

3.9 — Conduct

Harassment, threats, sexual misconduct, physical intimidation, intentional interference with equipment, discriminatory abuse, or other abusive conduct toward the photographer, staff, clients, guests, or members of the public is not permitted. Serious misconduct may result in immediate termination of the session without refund for work already reserved or performed, subject to applicable law.

3.10 — Children and Pets

The booking client is responsible for reasonable supervision of children and control of pets or animals brought to the session. EVERPEAK Visuals may decline a pose, prop, location, or setup that creates an unreasonable safety risk.

3.11 — Requested Photographs

EVERPEAK Visuals will make reasonable efforts to consider requested groupings, poses, details, or photographs when communicated in advance or during the session. A requested photograph is not guaranteed when timing, lighting, weather, cooperation, venue restrictions, safety, access, movement, or other conditions prevent it.

04

Editing, Delivery, Galleries & File Retention

4.1 — Image Selection

The photographer determines which captured images meet the technical and artistic standard for final editing and delivery. Duplicate frames, test shots, blinks, misfires, severely blurred frames, missed focus, lighting tests, accidental exposures, and other rejected images are not deliverables merely because they were captured.

4.2 — Editing Style

Final photographs will reflect EVERPEAK Visuals’ established photographic and editing style. Composition, crop, color grading, exposure, contrast, black-and-white conversion, retouching, background treatment, and other artistic decisions remain within the photographer’s creative control.

4.3 — Standard Editing Time

For standard photography sessions, final editing and completion may take approximately one to two weeks after the session. The standard maximum turnaround is 14 calendar days from the session date unless the client delays required selections or information, requests additional work, purchases a service with a different written timeline, or an event outside the Company’s reasonable control prevents completion.

4.4 — Large or Complex Sessions

Sessions producing a larger number of usable photographs, multiple locations, larger groups, extensive retouching, special edits, or other complex work may require more of the available one-to-two-week editing period than a smaller session.

4.5 — Rush Editing

Rush editing or expedited delivery is available only when specifically offered, accepted, and paid for if a rush fee applies. A request for faster delivery does not create a guaranteed rush deadline unless EVERPEAK Visuals confirms the rush service.

4.6 — Online Gallery Delivery

Unless another delivery method is agreed to, completed final photographs will be posted to the client’s designated online gallery or client delivery area after editing and quality review are complete. The gallery may be password-protected or otherwise restricted.

4.7 — Delivery Notice

EVERPEAK Visuals may notify the client by email, text message, client-portal notice, or another provided contact method when the final gallery is ready. Delivery is considered made when valid gallery access or another agreed delivery method is sent or made available to the client, subject to correction of a verified delivery error.

4.8 — Gallery Access

Gallery links, passwords, access codes, and client credentials are intended for the client and people the client authorizes. The client is responsible for controlling whom they share gallery access with.

4.9 — Gallery Availability

Online galleries and download links are delivery tools and are not guaranteed permanent storage. The gallery availability period may be stated in the package, gallery, client portal, invoice, or delivery notice. The client is responsible for downloading and backing up delivered photographs within the available period.

4.10 — RAW Files

RAW files, unfinished captures, editing catalogs, masks, presets, layered files, and other working materials are not included with standard photography services. Clients receive the final edited photographs selected and finalized for delivery. RAW files will not be provided unless EVERPEAK Visuals specifically agrees otherwise in writing.

4.11 — Technical Corrections

If a delivered photograph contains a verified export error, file corruption, accidental omission, or another objective delivery issue, the client should notify EVERPEAK Visuals so the problem can be reviewed. Verified technical mistakes may be corrected without charge.

4.12 — Preference-Based Re-Editing

Requests for a different crop, color style, additional retouching, object removal, body modification, background replacement, or another preference-based change after normal editing may be accepted, declined, or quoted as additional work.

4.13 — File Retention

EVERPEAK Visuals may retain working and final files for backup, client service, portfolio administration, authorized publication, dispute resolution, business records, legal compliance, and protection of intellectual property. No specific archival period is guaranteed unless agreed to in writing.

05

Copyright, Ownership, Client Use & Publicity

5.1 — Photographer Copyright and Ownership

Unless copyright is expressly transferred in a separate signed writing, EVERPEAK Visuals and the photographer remain the copyright owner of all original photographs created during the session, including after final photographs are delivered to the client. Payment for a session or receipt of digital files does not transfer copyright ownership.

5.2 — Client Personal-Use Rights

After the applicable balance has been paid and final photographs are delivered, the client receives a non-exclusive personal-use license to possess, download, store, make personal backups, print, display, post to personal social-media accounts, and share or redistribute the delivered photographs to family and friends for ordinary noncommercial use.

5.3 — Shared Rights After Delivery

The photographer’s continuing copyright ownership does not cancel the client’s personal-use license. After delivery, both the photographer and the client may lawfully possess and use the final photographs within the rights granted to each party under these policies.

5.4 — Photographer Publication and Redistribution Rights

Subject to the minor-protection rules in this section and any separate written restriction accepted by EVERPEAK Visuals, the photographer retains the right to reproduce, archive, display, distribute, publish, submit, exhibit, and otherwise use photographs in lawful ways, including the EVERPEAK Visuals website, social-media pages, portfolio materials, printed samples, advertisements, business listings, promotional materials, professional demonstrations, and photography competitions.

5.5 — Adult Subjects

An adult client who participates in a session and accepts these policies authorizes EVERPEAK Visuals to use photographs in which that adult appears for lawful portfolio and promotional purposes unless EVERPEAK Visuals accepts a written no-publication or confidentiality restriction before public use.

5.6 — Minors and Public Posting

An identifiable person under 18 years of age will not be intentionally posted by EVERPEAK Visuals to a public website, public portfolio, public social-media account, advertisement, promotional post, or other public-facing promotional material unless the minor’s parent or legal guardian has given express permission for that public use.

5.7 — Parent or Guardian Permission

Permission to photograph a minor does not automatically equal permission to publicly post the minor. Public use of an identifiable minor’s photograph requires express parent or legal guardian authorization recorded through a signed release, electronic release, specific written authorization, or another verifiable method accepted by EVERPEAK Visuals.

5.8 — Mixed Adult and Minor Photographs

A photograph containing both adults and one or more identifiable minors is treated as a minor-containing photograph for public promotional use. EVERPEAK Visuals will not intentionally post that photograph publicly unless the required parent or guardian permission for the identifiable minor or minors has been obtained.

5.9 — Private Delivery of Minor Photographs

The restriction on public posting does not prevent EVERPEAK Visuals from privately processing, editing, storing, backing up, or delivering photographs of minors to the booking client through a private gallery or another private delivery method as necessary to provide the purchased service.

5.10 — Commercial Client Use

A personal-use license does not automatically authorize the client or another business to use photographs in paid advertising, resale, merchandise, product packaging, stock licensing, paid publication, commercial sponsorship, or another revenue-generating use. Commercial use may require a separate written license.

5.11 — Unauthorized Alteration or Ownership Claims

Clients may not falsely claim authorship of the photographs, sell or sublicense the photographer’s copyright, remove ownership notices or watermarks for an unauthorized purpose, or materially alter an image and present the altered version as the photographer’s original finished work.

5.12 — AI Training and Dataset Use

Final photographs, previews, portfolio images, watermarked proofs, and other Company-owned images may not be intentionally submitted for machine-learning training, dataset creation, model fine-tuning, synthetic identity generation, or similar commercial automated-training use without written permission, except where such a restriction is prohibited by law.

06

Prints, Products, Orders & Shipping

6.1 — Custom Products

Prints, framed photographs, albums, cards, specialty items, and other made-to-order products are custom products. Once production begins, those products are generally final sale except where replacement, cancellation, or refund rights are required by law.

6.2 — Proof Approval

When a proof, crop, size, spelling, layout, frame, finish, or other specification is presented for client approval, the client is responsible for reviewing it before approval. EVERPEAK Visuals is not responsible for an error that was clearly visible in an approved proof unless the Company later changes the approved specification.

6.3 — Production Defects

If a physical product arrives materially damaged, defective, or materially different from the confirmed order because of a Company or production error, the client should notify EVERPEAK Visuals promptly. The Company may repair, replace, reprint, issue an appropriate account credit, or provide another remedy required by law.

6.4 — Client-Caused Damage

Damage occurring after delivery because of improper handling, water, heat, sunlight, mounting, cleaning, bending, impact, pet damage, or another client-controlled condition is not considered a production defect.

6.5 — Shipping Information

Clients are responsible for providing a complete and accurate shipping address. Additional shipping or replacement charges caused by an incorrect address supplied by the client may be charged to the client, subject to carrier rules and applicable law.

6.6 — Carrier Delays

Delivery dates supplied by shipping carriers are estimates unless a guaranteed shipping service has been purchased. EVERPEAK Visuals is not responsible for a carrier delay outside the Company’s reasonable control, but the Company may provide reasonable assistance with a legitimate lost or damaged shipment claim.

07

Privacy, Information Collection & Data Use

7.1 — Privacy Scope

This section describes information EVERPEAK Visuals may collect through the website, booking forms, payment flows, client portal, support systems, galleries, communications, in-person services, print orders, and other interactions. The information collected depends on how a person uses the services.

7.2 — Contact Information

EVERPEAK Visuals may collect a name, email address, telephone number, mailing address, shipping address, billing address, business or organization name, and similar contact information. This information may be used to identify the client, communicate about services, deliver products, maintain business records, and support transactions.

7.3 — Booking Information

EVERPEAK Visuals may collect session type, requested date and time, location, venue, attendee count, ages or age ranges when relevant, selected package, requested add-ons, notes, preferences, and other information reasonably necessary to plan and perform the photography service.

7.4 — Photographs and Visual Content

Photography services require the creation, receipt, storage, editing, transmission, and delivery of photographs and related visual files. Photographs may identify a person by appearance. EVERPEAK Visuals may retain selected images and working copies for delivery, backup, authorized portfolio use, business records, dispute resolution, and protection of intellectual property.

7.5 — Payment and Transaction Information

EVERPEAK Visuals may receive transaction amounts, invoice status, payment confirmation, payment method type, partial card details such as card brand or last four digits when provided by the payment processor, billing name, transaction identifiers, refund records, dispute records, and related accounting information. Full payment-card credentials are intended to be entered directly into the payment processor’s secure payment interface rather than stored in the Company’s ordinary business database.

7.6 — Account Information

If a client account is created, EVERPEAK Visuals may collect or generate a login name, email address, account identifier, password credential in a secured or hashed form, profile information, account status, recovery information, notification preferences, access permissions, and records necessary to administer the account.

7.7 — Security and Device Information

For security, fraud prevention, troubleshooting, and account administration, Company systems may record IP addresses, browser or device information, session identifiers, login times, login attempts, authentication events, security alerts, and similar technical records.

7.8 — Communications and Support Records

EVERPEAK Visuals may retain emails, text messages, contact forms, booking messages, support tickets, live-chat messages, notes, attachments, notification records, and other communications. These records may be used to provide support, document requests, resolve disputes, maintain continuity, and protect business operations.

7.9 — Uploaded Content

Clients may upload photographs, documents, screenshots, references, forms, or other files when a service allows it. Uploaded content may be stored, processed, viewed by authorized personnel, or transmitted to a service provider when necessary to provide the requested function.

7.10 — Order and Fulfillment Information

For physical products, EVERPEAK Visuals may collect shipping addresses, recipient information, product selections, sizes, quantities, customization choices, fulfillment status, tracking information, delivery issues, and related order records.

7.11 — Preferences and Consent Records

EVERPEAK Visuals may record email preferences, text-message preferences, notification settings, model-release choices, policy acceptance, consent timestamps, opt-out requests, and similar records so that client choices can be honored and documented.

7.12 — Website and Analytics Information

The website and its service providers may collect technical information such as pages visited, referral source, approximate location derived from IP address, browser type, device type, operating system, timestamps, error logs, security signals, performance data, cookies, and similar identifiers. This information may be used for website operation, security, analytics, fraud prevention, troubleshooting, and improvement.

7.13 — Use of Personal Information

Personal information may be used to process and confirm bookings, communicate with clients, perform photography services, provide galleries, fulfill orders, process payments, administer accounts, respond to support requests, maintain business records, prevent fraud, protect system security, comply with legal obligations, and improve Company services.

7.14 — Service Providers

EVERPEAK Visuals may disclose information to vendors that provide payment processing, website hosting, content delivery, cloud storage, email delivery, communication services, scheduling, galleries, file transfer, printing, shipping, analytics, security, database, or customer-support functions. Information is shared only as reasonably necessary for those services or as otherwise permitted by law.

7.15 — Legal Disclosures

EVERPEAK Visuals may disclose information when reasonably necessary to comply with applicable law, a valid subpoena, court order, lawful government request, tax obligation, fraud investigation, insurance matter, legal claim, safety issue, or the protection of rights, property, or security.

7.16 — Sale of Personal Information

EVERPEAK Visuals does not operate a business model based on selling client personal information for money. If the Company later adopts a practice that legally constitutes a regulated sale or sharing of personal information, this policy will be updated and any legally required choices will be provided.

7.17 — Data Retention

EVERPEAK Visuals retains information for as long as reasonably necessary for the purpose for which it was collected, for active client relationships, delivery and backup needs, accounting and tax obligations, payment disputes, legal claims, security investigations, contractual obligations, intellectual-property protection, and other legitimate business requirements. Different categories of information may have different retention periods.

7.18 — Deletion and Disposal

When records containing protected personal information are no longer reasonably needed and no legal or legitimate retention basis applies, EVERPEAK Visuals may delete, erase, anonymize, or otherwise dispose of them using methods appropriate to the record and system. Backup copies may remain for a limited period until overwritten or retired through normal backup cycles.

7.19 — Privacy Requests

A client may contact EVERPEAK Visuals to request reasonable assistance accessing, correcting, or deleting certain personal information. The Company may require identity verification before disclosing, changing, or deleting information and may retain records when reasonably necessary for transactions, accounting, taxes, security, fraud prevention, dispute resolution, legal obligations, backup integrity, or defense of legal claims.

7.20 — Children Under 13

The general website and client-account services are not designed for children under 13 to independently submit personal information or create accounts without parent or guardian involvement. If EVERPEAK Visuals learns that online personal information was collected directly from a child under 13 in a manner requiring parental consent and that consent was not obtained, the Company will take appropriate steps consistent with applicable law.

08

Accounts, Communications & Security

8.1 — Account Responsibility

Clients are responsible for protecting their login credentials, recovery methods, devices, gallery passwords, and account access. Clients should use a strong, unique password and should not share credentials with people who are not authorized to act for them.

8.2 — Account Security

EVERPEAK Visuals may require password resets, email verification, authentication codes, session revocation, account lockout, or other security measures when suspicious activity is detected or when security maintenance is required.

8.3 — Login and Session Records

Company systems may maintain records of login attempts, IP addresses, session identifiers, authentication events, account changes, security alerts, and related information. These records may be used to investigate unauthorized access, support clients, enforce session limits, and maintain system security.

8.4 — Support Tickets

Support tickets, live chats, notes, attachments, and related status changes may be retained as business records. Authorized team members may review support records when necessary to answer requests, investigate issues, administer accounts, or maintain service history.

8.5 — Transactional Communications

Clients may receive communications reasonably necessary to administer a booking, payment, gallery, order, account, support request, security issue, or other existing business relationship.

8.6 — Text Messages

If a client provides a mobile number and requests, agrees to, or reasonably expects service-related text communication, EVERPEAK Visuals may send booking confirmations, reminders, scheduling updates, payment notices, support replies, delivery notices, and other service communications permitted by law.

8.7 — Text Opt-Out

A recipient may request that non-essential text messages stop by replying STOP or by communicating another clear opt-out request through an available support method. Opting out of optional or promotional text messages does not necessarily prevent communications required by law or communications reasonably necessary to complete an existing transaction through another permitted channel.

8.8 — Email Preferences

Marketing emails, if offered, will include an available unsubscribe method where required. Unsubscribing from promotional email does not cancel transactional notices regarding an active account, order, booking, payment, security event, or other existing service.

8.9 — Reasonable Security

EVERPEAK Visuals uses reasonable administrative, technical, and organizational safeguards appropriate to the nature of the information it handles. These measures may include access restrictions, secure authentication, session controls, encrypted connections, vendor controls, logging, backups, and other security practices.

8.10 — No Absolute Security Guarantee

No website, network, database, device, email system, payment system, or cloud service can be guaranteed to be completely secure. EVERPEAK Visuals therefore does not guarantee that unauthorized access, loss, malware, credential theft, interception, or another security incident can never occur.

8.11 — Security Incidents

If EVERPEAK Visuals becomes aware of a suspected security incident, the Company may investigate the nature and scope of the event, secure affected systems, reset credentials, revoke sessions, involve service providers, preserve relevant records, and take other reasonable steps to restore integrity and reduce harm.

8.12 — Breach Notification

When applicable law requires notice of a qualifying breach involving protected personal information, EVERPEAK Visuals will provide the notices required by law. The timing, recipients, content, and method of notice may depend on the information involved, investigation results, law-enforcement needs, and legal requirements.

09

Website Use, Third Parties & Service Availability

9.1 — Permitted Use

The EVERPEAK Visuals website, booking pages, galleries, client portal, support systems, and related services may be used only for lawful purposes connected with learning about, purchasing, receiving, or supporting Company services.

9.2 — Prohibited Technical Conduct

Users may not intentionally interfere with website operation, bypass access controls, probe for unauthorized data, exploit vulnerabilities, distribute malware, automate abusive requests, scrape private client areas, attempt credential theft, impersonate another user, or access another person’s non-public information without authorization.

9.3 — Availability

EVERPEAK Visuals does not guarantee that the website, portal, gallery, payment page, support system, or other online service will operate without interruption. Maintenance, software changes, service-provider incidents, security events, network outages, and other technical failures may temporarily affect access.

9.4 — Service Changes

EVERPEAK Visuals may update, replace, remove, or reorganize website features, providers, account functions, or interfaces. Changes will not intentionally eliminate paid deliverables or existing contractual rights without an appropriate alternative or another remedy required by law.

9.5 — Third-Party Services

EVERPEAK Visuals may use third-party services for payments, hosting, galleries, communications, printing, shipping, analytics, file delivery, and other business functions. Those services may operate under their own terms, privacy notices, security practices, and availability standards.

9.6 — Third-Party Links

The website may contain links to third-party websites or services. A link does not mean EVERPEAK Visuals controls the third party’s privacy practices, security, content, pricing, policies, or availability.

9.7 — Events Outside Reasonable Control

EVERPEAK Visuals is not responsible for delay or nonperformance caused by an event outside the Company’s reasonable control to the extent recognized by applicable law. Such events may affect scheduling, travel, delivery, website access, printing, shipping, or other service functions.

9.8 — Equipment or Provider Failure

Professional equipment and third-party systems may occasionally fail despite reasonable maintenance and preparation. EVERPEAK Visuals may use backup equipment, alternate providers, a different delivery method, a replacement workflow, or another reasonable adjustment when necessary.

Focal Point Photography, DBA EVERPEAK Visuals
Policies, Terms & Privacy Notice
Last Updated: September 30, 2026