Terms & conditions
Magic Hour Foundation Volunteer Photographer Terms and Conditions
ARTICLE ONE. TERMS.
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.
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.
Volunteer Photographer. A volunteer photographer is a professional photographer accepted by MHF to participate in the MHPN. Volunteer photographers provide their photography services without compensation from MHF or the recipient and are independent volunteers, not employees, agents, or administrative personnel of MHF.
Recipient. A recipient is an individual or family approved by MHF to receive a complimentary Magic Hour photography session in accordance with MHF’s current program eligibility guidelines.
Professional Qualifications. Volunteer photographers must earn at least a portion of their income through a professional photography business and maintain a professional website or online portfolio demonstrating experience in family, portrait, or similar people-focused photography. Volunteer photographers cannot be convicted felons and must continue to meet MHF’s volunteer eligibility requirements while participating in the MHPN.
ARTICLE TWO. VOLUNTEER PHOTOGRAPHER RESPONSIBILITIES AND PROFESSIONAL CONDUCT.
Professional Conduct. Volunteer photographers agree to treat all MHF recipients and their families with compassion, dignity, patience, and respect. Photographers are expected to conduct themselves professionally before, during, and after every Magic Hour session.
Communication. Volunteer photographers are expected to communicate promptly and professionally with MHF and the assigned recipient regarding scheduling and session-related matters. Photographers must keep MHF informed of the confirmed session date, time, and location and promptly notify MHF of any significant changes, cancellations, rescheduling, or circumstances that may affect the session.
Recipient Privacy. Volunteer photographers must respect the privacy of MHF recipients and their families. Information learned through an MHF assignment, including cancer diagnoses, medical information, personal stories, contact information, and other private or identifying information, may not be publicly disclosed or used except as specifically permitted by MHF and the recipient’s documented permissions.
Volunteer Commitment. By accepting a Magic Hour session, the volunteer photographer agrees to make reasonable efforts to complete the assignment, photograph the session professionally, edit the final images, and deliver the completed files to MHF in accordance with these Terms and Conditions.
No Compensation or Solicitation. Magic Hour sessions are donated services. Volunteer photographers may not charge the recipient for the session or included digital images, require or solicit purchases, sell photographs or products from the Magic Hour session directly to the recipient, or use the session primarily to solicit paid photography services. The recipient is under no obligation to purchase any additional services or products from the volunteer photographer.
ARTICLE THREE. SESSION ASSIGNMENT, SCHEDULING, CANCELLATION, AND REASSIGNMENT.
Session Assignment. MHF will match eligible recipients with volunteer photographers based on location, availability, recipient needs, and other relevant circumstances. Accepting an assignment is voluntary; however, once a photographer accepts a Magic Hour session, MHF relies on that commitment when coordinating services for the recipient.
Scheduling. The volunteer photographer is responsible for communicating with the assigned recipient to coordinate the session date, time, and location. Once confirmed, the photographer must provide MHF with the session date, time, and location to maintain accurate program records.
Changes and Rescheduling. If the session date, time, or location changes after confirmation, the photographer must notify MHF as soon as reasonably possible. Photographers should remain mindful that recipients may experience treatment schedules, hospitalization, fatigue, illness, mobility limitations, or other medical circumstances that may require flexibility.
Photographer Cancellation or Unavailability. If a volunteer photographer is unable to complete an accepted assignment due to illness, emergency, scheduling conflict, or another unforeseen circumstance, the photographer must notify MHF as soon as reasonably possible. MHF will determine whether the session should be rescheduled or reassigned to another volunteer photographer.
Recipient Cancellation or Rescheduling. If a recipient contacts the photographer directly to cancel or reschedule a session, the photographer must notify MHF so that the Foundation can update its records and assist with any necessary coordination.
Reassignment. MHF reserves the right to reassign or replace a volunteer photographer when necessary or when MHF determines that doing so is in the best interest of the recipient, photographer, or Foundation.
ARTICLE FOUR. THE PHOTOGRAPHY SESSION AND PROFESSIONAL JUDGMENT.
Professional 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.
Recipient Requests. Recipients are encouraged to communicate meaningful people, relationships, moments, or specific photographs they would particularly like captured. The photographer should make reasonable efforts to accommodate these requests when time, recipient health and comfort, location, lighting, and other circumstances allow. However, specific photographs, poses, groupings, or moments cannot be guaranteed.
Recipient Health and Comfort. The health, safety, dignity, and comfort of the recipient should remain a priority throughout the session. Photographers should be prepared to adjust the pace, duration, location, or approach of the session when reasonably necessary due to fatigue, illness, mobility limitations, medical needs, or other circumstances affecting the recipient.
Photography and Editing Style. 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.
Session Circumstances. Session length, timing, or location may need to be adjusted, or the session may need to be rescheduled, because of illness, medical needs, weather, travel delays, emergencies, acts of God, or other circumstances outside the reasonable control of MHF, the photographer, or the recipient.y.
ARTICLE FIVE. IMAGE EDITING, DELIVERY TO MHF, AND OFFICIAL RECIPIENT GALLERY.
Final Image Delivery to MHF. The volunteer photographer agrees to submit the completed photographs from the Magic Hour session directly to MHF within approximately three (3) weeks of the session date. Images must be fully edited, high-resolution, watermark-free files suitable for digital delivery and professional printing.
File Submission. Final images must be uploaded using MHF’s designated WeTransfer upload link or another delivery method specifically approved by MHF. Photographers should not send final image files directly to the recipient in place of submitting them to MHF.
Official Recipient Gallery. MHF is responsible for creating and delivering the official private online gallery to the recipient. The MHF gallery allows the recipient to download their final digital images and select twenty (20) photographs for their complimentary 4×6 professional prints.
Separate Gallery Delivery. Volunteer photographers may not independently deliver a separate client gallery, sales gallery, proofing gallery, or other final image delivery to the recipient unless MHF has specifically authorized it in advance. This helps ensure that recipients receive consistent information regarding their complimentary images and prints and that MHF can properly complete the session-delivery process.
Emergency or Time-Sensitive Delivery. Because MHF serves individuals and families affected by cancer, medical or other urgent circumstances may occasionally make expedited image delivery especially important. When contacted by MHF regarding an urgent situation, the photographer agrees to make reasonable efforts to provide edited images as soon as reasonably possible, including partial delivery of completed images when appropriate.
Image Amount. The number of final edited photographs will vary depending on the session, including session length, number of participants, recipient health and comfort, location, lighting, and other circumstances. Photographers should provide a meaningful collection of professionally edited photographs representative of the session. A specific number of final images is not guaranteed.
ARTICLE SIX. RECIPIENT PRIVACY, PHOTO SHARING, AND PUBLICITY PERMISSIONS.
Recipient Choice. Public sharing of photographs from a Magic Hour session is optional for the recipient. A recipient’s decision to decline photo-sharing or publicity permission does not affect their eligibility for a Magic Hour session or their receipt of digital images and complimentary prints.
Separate Permissions. Permission for MHF to publicly share photographs and permission for the volunteer photographer to publicly share photographs are separate choices. Permission granted to MHF does not automatically grant permission to the photographer, and permission granted to the photographer does not automatically grant permission to MHF.
Photographer Permission. A volunteer photographer may publicly share photographs from a Magic Hour session only after MHF has communicated that the recipient affirmatively granted permission for the photographer to do so. This includes use on the photographer’s website, portfolio, blog, social media accounts, and promotional materials.
MHF Maintains Consent Records. MHF is responsible for obtaining, maintaining, and communicating the recipient’s documented photo-sharing permissions. Photographers may not independently request or obtain public-use permission from a recipient unless specifically authorized by MHF. A recipient’s verbal statement, social media tag, direct message, repost, or other informal communication should not be treated as authorization to publicly use the photographs.
Names, Stories, and Medical Information. Permission to share photographs does not automatically include permission to publicly share a recipient’s name, cancer diagnosis, medical information, personal story, or other private or identifying information. A photographer may publicly use such information only when MHF expressly confirms that the recipient has separately authorized that specific use.
Minors and Additional Participants. Photographers must follow the permissions communicated by MHF regarding minors and other identifiable individuals appearing in session photographs. Permission from one participant does not automatically authorize public use of another participant’s image when additional consent is required.
Social Media Tagging. Permission to share photographs does not automatically authorize the photographer to tag or identify the recipient or other participants on social media. Photographers may tag or identify a participant only when MHF has specifically confirmed that the appropriate permission has been provided.
Other Session Content. Behind-the-scenes video, screenshots of private communications, recipient applications, medical information, or other private session-related material may not be publicly shared without specific authorization from MHF and any required recipient consent.
Removal of Public Content. If MHF instructs a photographer to remove photographs or other session-related content previously shared by the photographer, the photographer agrees to remove the content promptly to the extent it remains within the photographer’s control.
Third-Party Use. Permission to share photographs does not authorize the photographer to sell, license, submit, or provide photographs to third parties for advertising, stock photography, publication, contests, commercial use, or other purposes beyond the recipient’s documented permission without additional authorization from MHF and any additional consent that may be required.
ARTICLE SEVEN. COPYRIGHT AND IMAGE RIGHTS.
Photographer Copyright. The volunteer photographer retains the copyright to the photographs they create during a Magic Hour session, subject to the rights and licenses granted to MHF under these Terms and Conditions.
License to MHF. By participating in a Magic Hour session, the photographer grants MHF a perpetual, non-exclusive, royalty-free license to receive, store, reproduce, resize, crop, archive, display, and otherwise use the photographs as reasonably necessary to administer the Magic Hour program, create and deliver the recipient’s private online gallery, provide complimentary prints, maintain Foundation records, and fulfill other program-related purposes.
Public Use by MHF. MHF’s public or promotional use of session photographs remains subject to the recipient’s documented photo-sharing and publicity permissions. Nothing in the license granted under this Article authorizes MHF to publicly share photographs when the recipient has declined the applicable permission.
Recipient Personal Use. The photographer authorizes MHF to provide the recipient with a non-exclusive, noncommercial personal-use license to download, save, share, and print the photographs delivered through the recipient’s Magic Hour gallery. Providing these personal-use rights does not transfer copyright ownership to the recipient.
Photographer Public Use. The photographer’s own public use of photographs remains subject to the recipient’s separate photographer photo-sharing permission and the requirements of Article Six. The photographer retains copyright regardless of whether the recipient grants or declines permission for public sharing.
MHF Service Providers. MHF may provide session photographs to gallery-hosting providers, professional print laboratories, and other service providers solely as reasonably necessary to administer the Magic Hour program, deliver photographs, and fulfill complimentary prints.
No Unauthorized Third-Party Licensing. The photographer may not sell, license, transfer, or otherwise provide photographs from a Magic Hour session to third parties for commercial, advertising, stock photography, publication, or other uses beyond the recipient’s documented permissions without additional authorization from MHF and any additional consent that may be required.
ARTICLE EIGHT. VOLUNTEER SERVICES, SALES, AND SOLICITATION.
Donated Services. Magic Hour sessions are volunteer services donated by the photographer for the benefit of the assigned recipient. The photographer will not receive compensation from MHF or the recipient for the Magic Hour session or for the final digital photographs included in the session.
No Charges or Required Purchases. The photographer may not charge the recipient a session fee, image fee, gallery fee, download fee, or other fee associated with the Magic Hour session. Recipients may not be required to purchase photographs, prints, products, or additional services in order to receive the benefits provided through MHF.
No Sales Galleries or Upselling. Photographers may not create or deliver a sales gallery, offer paid upgrades, sell additional photographs or products from the Magic Hour session directly to the recipient, or otherwise use the complimentary session to upsell the recipient.
No Solicitation. Photographers may not use an MHF assignment primarily to advertise or solicit their paid photography services. The photographer may provide ordinary identifying information, such as their name or photography business name, when communicating with the recipient, but the Magic Hour session should remain focused on providing the charitable service for which the photographer volunteered.
Future Services. Nothing in these Terms prohibits a recipient from independently contacting a photographer in the future regarding photography services unrelated to the Magic Hour session. Any such future arrangement is separate from MHF and must not be made a condition of, or solicited as part of, the recipient’s complimentary Magic Hour session.
MHF Name and Branding. Participation in the MHPN does not authorize a photographer to represent themselves as an employee, agent, spokesperson, or official representative of MHF. The MHF name, logo, or other Foundation branding may not be used in a manner that suggests MHF endorses the photographer’s business or paid services without MHF’s authorization.
ARTICLE NINE. SAFETY, EQUIPMENT, AND RESPONSIBILITY.
Safe and Professional Practices. Volunteer photographers are expected to conduct Magic Hour sessions using reasonable professional judgment and safe photography practices. Photographers should not ask or encourage a recipient or participant to engage in an activity, pose, or location that could reasonably place the individual at unnecessary risk.
Health and Accessibility Considerations. Because MHF serves individuals and families affected by cancer, photographers must remain mindful of any health, mobility, accessibility, fatigue, or other limitations communicated by the recipient or MHF. The photographer should make reasonable adjustments to the session when necessary to protect the recipient’s comfort and well-being.
Photographer Equipment. Volunteer photographers are responsible for providing, maintaining, transporting, and safeguarding the professional photography equipment and other personal property they use during a Magic Hour session.
Equipment Decisions. The photographer is responsible for determining what cameras, lenses, lighting, memory cards, batteries, and other equipment are reasonably necessary to photograph the assigned session professionally.
Session Environment. Photographers should use reasonable care when selecting or working at a session location and should promptly communicate with the recipient and MHF if weather, accessibility, safety concerns, location restrictions, or other circumstances make the planned session impractical or unsafe.
Emergencies. If a medical or other emergency occurs during a session, the immediate health and safety of the recipient and participants takes priority over completing the photography session. The photographer should discontinue photography when reasonably necessary and notify MHF of any significant incident as soon as reasonably possible.
ARTICLE TEN. REASSIGNMENT, SUSPENSION, AND REMOVAL.
Reassignment. MHF reserves the right to reassign a Magic Hour session to another volunteer photographer when necessary to protect the recipient’s needs, maintain timely service, or support the effective operation of the Foundation.
Failure to Communicate or Complete an Assignment. A photographer may be reassigned from a session if they fail to maintain reasonable communication with MHF or the recipient, repeatedly fail to respond to MHF outreach, are unable to complete an accepted assignment, or fail to provide the completed photographs within the required timeframe without communicating with MHF.
Suspension or Removal from the MHPN. MHF reserves the right to suspend or remove a volunteer photographer from the Magic Hour Photographer Network when MHF determines that the photographer has violated these Terms and Conditions, failed to respect recipient privacy or permissions, engaged in unprofessional or inappropriate conduct, failed to fulfill accepted assignments, or otherwise acted in a manner inconsistent with the mission, safety, privacy, or integrity of MHF.
Recipient Concerns. MHF may reassign, suspend, or remove a photographer when significant concerns are reported by a recipient or participant. MHF may review the circumstances and take whatever action it determines reasonably appropriate to protect the recipient and the Foundation.
Completed Sessions. Reassignment, suspension, or removal does not eliminate a photographer’s responsibility to provide MHF with completed photographs from any Magic Hour session already photographed, unless MHF provides different instructions.
Continuing Privacy and Image Obligations. A photographer’s obligations concerning recipient confidentiality, privacy, photo-sharing permissions, image use, and MHF’s licensed rights under these Terms continue after the photographer leaves or is removed from the MHPN.
No Guarantee of Assignments. Acceptance into the MHPN does not guarantee that a photographer will receive any particular number of assignments. MHF determines photographer matches based on recipient needs, geographic location, availability, program needs, and other relevant circumstances.
ARTICLE ELEVEN. MISCELLANEOUS.
Complete Agreement. These Terms and Conditions, together with the Volunteer Photographer Application and any written assignment-specific instructions provided by MHF, constitute the agreement between MHF and the volunteer photographer regarding participation in the Magic Hour Photographer Network and Magic Hour photography sessions.
Program Policies. Volunteer photographers agree to follow MHF policies and procedures communicated to them as part of their participation in the MHPN. MHF may update its program policies from time to time. Material changes affecting a photographer’s rights or responsibilities may require renewed acknowledgment or acceptance.
Severability. If any provision of these Terms and Conditions is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.
No Waiver. MHF’s failure to enforce any provision of these Terms and Conditions on one occasion does not constitute a waiver of its right to enforce that provision or any other provision in the future
Governing Law. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Florida.
Venue. Any legal action arising from or relating to these Terms and Conditions shall be brought in a court of competent jurisdiction located in Miami-Dade County, Florida, unless otherwise required by applicable law.
Electronic Acceptance. Electronic acknowledgment or acceptance of these Terms and Conditions, including acceptance through MHF’s Volunteer Photographer Application, may serve as the photographer’s acknowledgment and agreement to these Terms and Conditions to the extent permitted by applicable law.