Magic Hour Foundation Recipient Terms and Conditions

ARTICLE ONE. TERMS.

1. Magic Hour Foundation. The purpose of The Magic Hour Foundation (“MHF”) is to connect eligible individuals and families affected by cancer, as well as families with a pet diagnosed with cancer, with volunteer professional photographers who donate meaningful photography sessions at no cost to the recipient.

2. Magic Hour Photographer Network. The Magic Hour Foundation’s Volunteer Photographer Network may be referred to as the “MHPN.” The MHPN is a network of volunteer professional photographers who have applied and been accepted by MHF to provide complimentary photography sessions to eligible recipients. Members of the MHPN are volunteers and are not employees or administrative personnel of MHF.

3. Recipient. A recipient is an individual currently battling cancer, a cancer survivor who meets MHF’s eligibility requirements, an eligible family affected by cancer, or a pet diagnosed with cancer whose owner or family meets MHF’s program requirements. Eligibility for a Magic Hour Foundation session is determined by MHF in accordance with its current program guidelines.

4. Photographer. A photographer is a professional photographer who earns at least a portion of their income through a professional photography business. Photographers must maintain a professional website or online portfolio demonstrating experience in family, portrait, or similar people-focused photography. Photographers cannot be convicted felons and must meet MHF’s current volunteer eligibility requirements.

ARTICLE TWO. LIMITATION OF LIABILITY.

1. Release of Liability. While every reasonable effort will be made to create and deliver quality photographs, MHF and MHPN are hereby released from any claim, loss, injury, or damage arising or relating to this Agreement or the performance hereunder of MHF or MHPN. MHF and MHPN are also hereby released from any claim, loss, injury, or damage caused by the negligence of MHF or MHPN.

2. Dissatisfaction. MHF and the MHPN will make reasonable efforts to provide recipients with a meaningful and professional photography experience. However, due to the volunteer and charitable nature of the services provided, MHF and the MHPN cannot guarantee a recipient’s satisfaction with the photography session, photographic style, or final images. MHF and the MHPN are not responsible for claims arising solely from a recipient’s dissatisfaction with the session or final images.

3. Substitution. If a scheduled photographer becomes unavailable due to illness, emergency, or other unforeseen circumstances, MHF will make reasonable efforts to locate another qualified volunteer photographer for the recipient. However, because photographers donate their services and availability varies by location and circumstance, MHF cannot guarantee that a substitute photographer will be available or that a recipient can be rematched for a photography session.

4. Photographer’s Judgment. The volunteer photographer will use their professional judgment and discretion when photographing each Magic Hour session, including decisions regarding lighting, posing, composition, location, and the photographs captured. Session length, timing, or location may need to be adjusted, or the session may need to be rescheduled due to illness, medical needs, weather, travel delays, emergencies, acts of God, or other circumstances outside the reasonable control of MHF, the photographer, or the recipient. MHF and the volunteer photographer will make reasonable efforts to accommodate recipients whenever possible.

ARTICLE THREE. RECIPIENT RESPONSIBILITIES.

1. Location and Magic Hour Session Information. The recipient is responsible for providing MHF and the volunteer photographer with accurate contact and session information, including the confirmed session location and any relevant accessibility, mobility, or scheduling considerations that may affect the photography session. Recipients are also encouraged to communicate in advance about any family members, loved ones, pets, meaningful items, or special photographs they would particularly like captured. While reasonable efforts will be made to accommodate these requests, specific photographs cannot be guaranteed.

ARTICLE FOUR. CANCELLATION POLICIES.

1. Delay, Cancellation, or Rescheduling. If a recipient needs to delay, cancel, or reschedule a Magic Hour session, the recipient should notify MHF and the volunteer photographer as soon as reasonably possible. MHF understands that illness, treatment schedules, hospitalization, medical needs, and other unexpected circumstances may arise, and will make reasonable efforts to accommodate recipients whenever possible. Because volunteer photographer availability varies, however, MHF cannot guarantee that a canceled or rescheduled session can be accommodated or that another photographer will be available if rematching becomes necessary.

ARTICLE FIVE. DAMAGE OR DESTRUCTION OF PHOTOGRAPHIC EQUIPMENT.

1. Damage to Photographic Equipment. Recipients and individuals participating in or attending a Magic Hour session are expected to exercise reasonable care around photographic equipment. If photographic or other equipment belonging to MHF or the volunteer photographer is intentionally damaged or damaged as a result of negligent conduct by the recipient or an individual under the recipient’s supervision or control, the recipient may be responsible for reasonable repair or replacement costs, including applicable insurance deductibles.

ARTICLE SIX. EXCLUSIVITY AND AUTHORITY.

1. Exclusivity. The MHF volunteer photographer will serve as the primary professional photographer for the Magic Hour session. Recipients agree not to arrange for another professional photographer to photograph the session simultaneously without prior approval from MHF. Family members and loved ones may take occasional personal photographs or videos, provided doing so does not interfere with the volunteer photographer’s ability to conduct the session.

ARTICLE SEVEN. PHOTOGRAPHY QUALITY AND GUARANTEED IMAGES.

1. Specific Image Requests. Recipients are encouraged to communicate any meaningful people, relationships, moments, or specific photographs they would particularly like captured during their Magic Hour session. The volunteer photographer will make reasonable efforts to accommodate these requests when time, health, location, lighting, and other circumstances allow. However, MHF and the volunteer photographer cannot guarantee that any specific photograph, pose, grouping, or moment will be captured or delivered.

2. Style. Magic Hour sessions are intended to focus on genuine connection, relationships, and meaningful moments. Photographs should be professionally captured and edited in a natural, timeless manner, consistent with the volunteer photographer’s professional style. Excessive filters, heavy color effects, watermarks, or other editing treatments that significantly distract from the people and relationships being photographed should be avoided.

ARTICLE EIGHT. MODEL RELEASE.

1. Optional Photo and Publicity Consent.Participation in a Magic Hour Foundation session does not require a recipient to give permission for their photographs, name, or personal story to be shared publicly. Any permission to publicly share photographs or identifying information is completely optional, and declining permission will not affect a recipient’s eligibility for a Magic Hour session, the photography experience they receive, or the photographs and complimentary prints provided to them. MHF and the volunteer photographer will respect the recipient’s selected permissions.

2. Photo Sharing Permissions. The recipient will have the opportunity to choose separately whether photographs from their Magic Hour session may be publicly shared by MHF and/or the volunteer photographer. Permission granted to MHF does not automatically grant permission to the volunteer photographer, and permission granted to the volunteer photographer does not automatically grant permission to MHF. Photographs may only be publicly shared in accordance with the recipient’s selected permissions.

3. Additional Participants and Minors. The recipient understands that other individuals, including family members and loved ones, may participate in and appear in photographs from the Magic Hour session. When a minor appears in photographs, permission for public sharing must be provided by the minor’s parent or legal guardian, as applicable. MHF may require additional consent from adult participants, parents, or legal guardians before publicly sharing photographs containing identifiable individuals. If the necessary permission has not been obtained, MHF and the volunteer photographer will not knowingly publicly share photographs of that individual.

4. Name and Personal Story Consent. Permission to publicly share photographs does not automatically include permission to publicly share the recipient’s name, cancer diagnosis, medical information, personal story, or other identifying information. The recipient will be given the opportunity to separately choose whether MHF may use their first name and/or information from their submitted story in connection with approved photographs. MHF will respect the recipient’s selected privacy preferences.

ARTICLE NINE. IMAGES.

1. Complimentary Prints. MHF will provide the recipient with twenty (20) complimentary 4×6 professional prints from their Magic Hour session. The recipient will be given the opportunity to select their twenty (20) preferred images through the private online gallery provided by MHF. The complimentary prints are provided at no cost to the recipient.

2. Digital Images and Official Gallery Delivery. Upon receipt of the completed images from the volunteer photographer, MHF will create and deliver a private online gallery to the recipient containing the final edited digital images from the Magic Hour session. The MHF gallery serves as the official delivery of the session and allows the recipient to download their digital images and select their twenty (20) complimentary prints.

3. Volunteer Services. Volunteer photographers donate their time and photography services to MHF recipients at no cost. Photographers may not charge recipients for the Magic Hour session or included digital images, require or solicit purchases, sell photographs or products from the session directly to recipients, or use the Magic Hour session primarily to solicit paid photography services. Recipients are under no obligation to purchase any additional photography services or products from the volunteer photographer.

4. Time Until Delivery. Volunteer photographers are expected to submit the completed images from a Magic Hour session to MHF within approximately three (3) weeks of the session. Once the images are received, MHF will prepare and deliver the recipient’s private online gallery. While reasonable efforts will be made to provide photographs in a timely manner, MHF cannot guarantee a specific delivery date due to unforeseen circumstances that may occasionally affect the photographer’s or MHF’s ability to complete delivery.

5. Emergency or Time-Sensitive Delivery. Due to the nature of the families served by MHF, medical or other urgent circumstances may occasionally make expedited image delivery especially important. In these situations, MHF may work with the volunteer photographer to make reasonable efforts to provide edited images as soon as possible, including partial delivery of completed images when appropriate. Expedited delivery cannot be guaranteed.

6. Image Amount. The number of final edited images delivered from each Magic Hour session will vary based on the individual session, including session length, number of participants, recipient health and comfort, location, lighting, and other circumstances. MHF’s goal is to provide each recipient with a meaningful collection of professionally edited photographs; however, a specific number of final images is not guaranteed.

7. Photographer Reassignment. MHF reserves the right to reassign or replace a volunteer photographer at any time when necessary or when MHF determines that doing so is in the best interest of the recipient, the photographer, or the Foundation. While MHF will make reasonable efforts to provide a qualified replacement when needed, a replacement or rematched session cannot be guaranteed.

ARTICLE TEN. NOTICE OF COPYRIGHT AND FEDERAL COPYRIGHT LAWS.

1. Copyright. The recipient understands that receiving digital images or complimentary prints from a Magic Hour session does not transfer copyright ownership of the photographs to the recipient. Copyright ownership and any rights granted between MHF and the volunteer photographer are governed by MHF’s agreement with the photographer.

2. Recipient Personal Use. Recipients may download, save, share, and print their delivered photographs for personal, non-commercial use. Recipients may share their photographs on personal social media accounts and with family and friends.

3. Public Use by MHF and Volunteer Photographer. MHF and the volunteer photographer may publicly use or share photographs from the Magic Hour session only in accordance with the photo-sharing permissions selected by the recipient under Article Nine. Permission to publicly share photographs does not automatically include permission to share the recipient’s name, medical information, or personal story.

ARTICLE ELEVEN. PERMITTED USES.

1. Use by MHF. MHF may publicly reproduce, publish, display, exhibit, or otherwise use photographs from a Magic Hour session only when the recipient has affirmatively granted MHF permission to do so. Any public use must be consistent with the recipient’s photo-sharing, name, and personal story permissions selected under Article Nine. Participation in a Magic Hour session does not, by itself, grant MHF permission to publicly use the recipient’s photographs.

2. Social Media and Public Sharing. Permission for MHF to publicly share photographs and permission for the volunteer photographer to publicly share photographs are separate permissions. MHF sharing a photograph does not automatically authorize the volunteer photographer to share that photograph, and a volunteer photographer’s authorized sharing does not automatically authorize MHF to do so. Each party must follow the permissions selected by the recipient.

3. Use by Volunteer Photographer. A volunteer photographer may publicly display, publish, post, or otherwise use photographs from a Magic Hour session in their professional portfolio, website, blog, social media accounts, or other promotional materials only when the recipient has affirmatively granted permission for photographer use. MHF will maintain the recipient’s selected permissions and communicate applicable permissions to the volunteer photographer. Volunteer photographers may not independently request or obtain public-use permission from recipients before, during, or after a Magic Hour session unless specifically authorized by MHF.

4. Name and Personal Story. Permission to use photographs does not automatically grant permission to use the recipient’s name, cancer diagnosis, medical information, personal story, or other identifying information. MHF and the volunteer photographer must comply with the recipient’s selected privacy preferences regarding such information.

5. Use by Recipient. Recipients may download, save, reproduce, print, and share their delivered photographs for personal, non-commercial purposes, including sharing photographs with family and friends and on personal social media accounts.

6. Commercial Use by Recipient. Recipients may not sell, license, commercially publish, or otherwise use photographs from a Magic Hour session for commercial purposes without obtaining any permissions required from the applicable copyright owner.

7. Respect for Recipient Privacy. MHF and its volunteer photographers will make reasonable efforts to honor the recipient’s selected privacy and public-sharing preferences. When public-sharing permission has not been affirmatively granted, photographs from the session will not knowingly be used by MHF or the volunteer photographer for public marketing, promotional, portfolio, or social media purposes.

ARTICLE TWELVE. MISCELLANEOUS PROVISIONS.

1. Complete Agreement. These Terms and Conditions, together with any application, consent, release, or other document expressly incorporated into or associated with the recipient’s participation in the MHF program, constitute the complete agreement concerning the subject matter addressed herein and supersede prior agreements or understandings concerning the same subject matter.

2. Florida Law to be Applied. This is a Florida agreement and is to be considered and construed as such, without application of the principles of conflicts of law.

3. Jurisdiction and Venue. If any dispute arises in connection with or relating to the Agreement or relating to a claim which arises hereunder, then the parties agree that such claim shall be heard in the courts of Miami-Dade County, Florida and the parties waive any defense of personal jurisdiction or lack of venue and consent to the personal jurisdiction of the Miami-Dade, Florida courts.