Payment Terms

Last updated: January 22, 2019

Payment Services

General

In order to use GoPicMe payment services, members must have a GoPicMe account in good standing. If you or GoPicMe closes your GoPicMe account for any reason, you will no longer be able to use the payment services provided through GoPicMe or any related third-party services.

GoPicMe may, without notice, temporarily restrict the availability of any payment services or features thereof, to carry out maintenance of the service at any time.

Members may not use GoPicMe except as authorized by United States law, the laws of the jurisdiction that is your country of residence, and any other applicable laws.

Third-party Notice

Payment processing services for GoPicMe are provided by third-party services and as such are subject to the terms and conditions set by the providers of those services. GoPicMe is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services and does not endorse them in any way. You agree to provide GoPicMe with accurate and complete information about you and your business, and you authorize GoPicMe to share information related to your use GoPicMe with third-party services as deemed necessary by GoPicMe in order to provide the required functionality.

Financial Terms for Photographers

Confirmation Window

When a Client requests a booking with a Photographer. The Photographer has 48 hours to accept or decline the booking request. If the Photographer fails to respond or declines the booking request the Client won't be charged. If a Photographer declines or fails to accept three or more shoot requests, GoPicMe may reach out to the Photographer to determine whether they are allowed to continue operating as a Photographer on GoPicMe.

Confirmed Booking

When the booking request is accepted by the Photographer, GoPicMe will collect a non-refundable retainer equaling 50% of the total fee from the Client. This retainer will be made available to the Photographer typically within 24 hours of the Photographer accepting the booking. The remaining 50% will be collected by GoPicMe from the Client after the shoot has been marked complete by the Photographer.

Payouts

Once GoPicMe has collected the payment from a Client they will be made available to Photographers within 24 hours of (a) the Photographer accepting the booking request or (b) after the Photographer marks the shoot as complete. Any additional unforeseen payments will be processed and made available to the Photographer as soon as reasonably possible.

In order to receive a payout, you must have completed your third-party account setup with Stripe through GoPicMe. Payouts will be available in GoPicMe typically within 24 hours. Transfers of funds to the Photographers connected bank account may take an additional 3-5 days or longer depending on the bank or payout method selected by the Photographer via the third-party payment dashboard (Stripe).

Photographers are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of GoPicme and any associated payment services.

Operating Fees

GoPicMe will collect 10% of each completed transaction on the basic plan or 5% of each transaction for Photographers on the $50/month subscription plan. Operating fees are used to offset costs related to, but not limited to, payment processing, site operations, staffing, Photographer and Client support, and new feature development.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or GoPicMe cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting GoPicMe customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide GoPicMe with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize GoPicMe to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, GoPicMe will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Photographers electing to join the $50/month subscription plan will have their supplied payment method charged via the third-party payment processing and will be collected at the frequency and rate agreed upon at the time of signing up for the subscription.

Certain refund requests for Subscriptions may be considered by GoPicMe on a case-by-case basis and granted in the sole discretion of GoPicMe.

Fee Changes

GoPicMe, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

GoPicMe will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Taxes

Photographers are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may arise from your usage of GoPicMe.

Local Laws

Photographers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Photography Services. For example, some cities have laws that restrict their ability to photograph in certain areas. In some locations, Photographers may have to get a permit or receive permission before providing certain Photography Services. Photographers are alone responsible for identifying and obtaining any required permits or permissions for any Photography Services they offer. Certain types of Photography Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Photography Service(s) on GoPicMe, you should always seek legal guidance.

Third-party Terms

Other third-party payout restrictions may apply based on the Stripe Connected Account Agreement, which includes the Stripe Terms of Service.

Financial Terms for Clients

Requesting a Booking

By requesting a booking the Client agrees to allow GoPicMe to charge their payment method 100% of the fees for services agreed upon for the service package from the Photographer to be made in two separate payments:

• Payment one: 50% as a non-refundable retainer to be paid when the Photographer accepts the booking request. The Photographer has 48 hours to accept the booking.
• Payment two: a final second payment of the remaining 50% once the photographer marks the booking as completed (after the date of your shoot).

If the Photographer fails to respond or declines the booking request the Client won't be charged.

Retainer Fee

For all regular sessions, a 50% non-fundable session retainer is required to book and hold the date for your session and serves as a cancellation fee. Retainer fees become non-refundable once the Photographer accepts the booking request.

Pre-authorization

When requesting a booking, GoPicMe may also attempt to obtain a pre-authorization via your payment method for the total fees or charge or authorize your payment method a nominal amount in order to verify your payment method via a third-party payment service provider.

Cancellations & Rescheduling

Cancellation

In the event of a Client's cancellation of a confirmed booking, they Photographer will keep the non-refundable 50% retainer paid at the time of accepting the booking minus the GoPicMe service fees of 10% for Photographers on the basic plan, and 5% on the monthly subscription plan. The Client will no longer be responsible for the final half of the agreed-upon total fee.

If the Photographer needs to cancel a confirmed booking, the Client will be refunded 100% of the retainer and any other amounts already processed through GoPicMe. To maintain a relationship of trust between Clients and Photographers on GoPicMe, any Photographer with three or more cancellations (that are not noted by the Photographer as (reschedules)) may be reviewed by GoPicMe to determine their eligibility to continue operating as a Photographer on GoPicMe.

GoPicMe reserves the right to refuse or cancel your booking at any time for reasons including but not limited to: service availability, errors in the description or price of the product or service, error in your order or other reasons.

Rescheduling

In order to reschedule a shoot for a different day, the Photographer will need to cancel the booking which will refund the Client's retainer and the Client will then need to select the new date and rebook the Photographer by sending the Photographer a new booking request for the updated date. When canceling the shoot, the Photographer needs to indicate they are canceling the shoot for a reschedule to avoid any issues with GoPicMe cancellation policies.

No Show

If the Photographer fails to show up for a confirmed booking, the Client will be refunded 100% of the retainer and any other amounts already processed through GoPicMe. Additionally, the Photographer will be contacted by GoPicMe and their eligibility to continue operating as a Photographer on GoPicMe will be determined.

If the Client fails to show up for a confirmed booking, the Photographer keeps the non-refundable 50% retainer and will mark the shoot as (Canceled) noting a Client no show.

Failure to Perform

If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, an act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the Client and shall have no further liability.

Refund Policy

Retainer fees for confirmed bookings are non-refundable. Photography is a subjective art and you are paying for the Photographer's time and expertise and not based on how much you like the photos. As such, there are no refunds for completed work which meets the contractual terms of the shoot booked via GoPicMe.

In case of unexpected circumstance beyond your control or other refund related issues. Contact support@gopicme.com.

Authorizations

By using GoPicMe you agree to authorize GoPicMe to collect money on your behalf the Clients and Photographers hereby appoints GoPicMe as the payment collection agent solely for the limited purpose of accepting funds from Clients and Photographers for purchasing services provided through GoPicMe. Photographers and Clients agree that making a payment through GoPicMe is equivalent to having made the payment directly between Client and Photographer. GoPicMe's responsibility to fulfill the payment agreement is subject to successful receipt of the associated payments from the providing Client or Photographer. In accepting appointment as the limited payment collection agent of the Client and Photographer, GoPicMe assumes no liability for issues or any acts or omissions of the Client or Photographer.

By using this site, you authorize GoPicMe to collect from you amounts due pursuant to these terms. The following are authorizations you grant GoPicMe to collect from you including, but not limited to:

• Any amount due to GoPicMe
• Any amount due to a Photographer.
• Any amount due to a Client
• Taxes, where applicable.
• Any service or cancellation fees
• Fees improperly paid
• Delinquency fees
• Fees associated with third-party services

Collections

If GoPicMe is unable to collect any amounts you owe under these terms, GoPiceMe may engage in collection efforts to recover such amounts from you. GoPicMe will deem any owed amounts overdue for any authorized charges where:

• 90 days have elapsed after GoPicMe first attempts to charge the Client's or Photographers payment method or after the booking has been completed, whichever is later.
• For withholdings from a Photographer's future Payouts, 180 days have elapsed after the adjustment is made to the Photographer's account or the associated services have been provided, whichever is later.

If necessary, GoPicMe may decide to withhold payments from Photographers future payouts in order to collect recover amounts owed.

Any overdue amounts not collected within 180 days after they become overdue will be deemed to be in default. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to GoPicMe by you. Such communication may be made GoPicMe, or by anyone on their behalf, including but not limited to a third-party collection agent.

Dispute resolution

Arbitration

You and GoPicMe acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms will be settled by binding individual arbitration via an arbitration agreement determined by GoPicMe.

Waivers

You and GoPicMe acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes. Additionally, you and GoPicMe acknowledge and agree that, to the fullest extent permitted by applicable law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all disputes

Jurisdiction

These terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement set by GoPicMe must be brought in state or federal court in Denver, Colorado, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Denver, Colorado.