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Terms & Conditions

Updated January 20, 2026
Welcome to Clark Marten Photography. These Terms & Conditions (“Terms”) govern your use of our website, services, communications, contests, promotions, and any interaction with our team. By accessing our website, submitting forms, entering a giveaway or booking a session, you agree to these Terms.

If you do not agree with any part of these Terms, please do not use our website or services.

1. About Clark Marten Photography
Clark Marten Photography is a professional portrait studio specializing in custom family, child, pet, and fine art portraiture. Our work is experience-based, custom-designed, and tailored to each client.

All services, products, promotions, and experiences are provided subject to these Terms.

2. Use of This Website
This website and its content are provided for informational, promotional, and booking purposes. You agree to use this website lawfully and respectfully. You may not use content or images without written permission. All site content is the intellectual property of Clark Marten Photography.

3. Booking, Sessions & Services
Portrait sessions are reserved by appointment and subject to availability. Session fees secure your date and time and do not include artwork or digital files unless explicitly stated. Additional purchases are required for products and collections.

4. Payments, Orders & Sales
Due to the custom nature of our portrait services and artwork:
• All orders are final and non-refundable once placed.
• Payment plans, if offered, must be completed as agreed.
• Failure to complete payment may delay delivery or result in withheld artwork.

5. Cancellations & Rescheduling
Each portrait session includes one complimentary reschedule with at least 72 hours’ notice. Additional reschedules may require an additional deposit. Cancellations made 7 days in advance receive a refund of the deposit. Changes must be made by phone — text or email requests are not guaranteed.

6. Client Responsibility & Participation
Clients agree to arrive prepared and on time, to supervise children and pets, and to share any concerns or special needs in advance.

7. Artistic Style & Creative Discretion
By booking, you acknowledge our artistic style and agree that final creative decisions regarding posing, editing, and presentation rest with the photographer.

8. Communications & Call Recording
Call Recording for Quality & Training
By submitting your information online to Clark Marten Photography or by by contacting Clark Marten Photography by phone, you acknowledge and consent that inbound and outbound calls may be recorded and/or monitored for quality assurance, training, and internal business purposes. If you prefer not to be recorded, please notify our team member at the start of the call.

9. Privacy, Data Collection & Consent
Consent to Data Collection & Communication
By submitting your information through any website form, you consent to the collection, storage, and use of your data to respond to inquiries, send communications, manage bookings, and conduct marketing and internal business operations. Communications — phone, email, text, and messages — may be recorded or retained for training, quality assurance, and record-keeping.

Your data is managed in accordance with our Privacy Policy.

10. Promotions, Giveaways & Campaigns

10.1 No Purchase Necessary
For any contest or giveaway, no purchase is necessary to enter or win, and a purchase will not increase your odds of winning.

10.2 Eligibility
Campaigns are open only to individuals who sign up through the official entry form and who are 18 years or older at the time of entry. Previous winners of a Clark Marten Photography offer, special, promotion, or giveaway within the past 365 days are not eligible. The Campaign is only open to legal residents of the United States, and is void where prohibited by law. Employees of Clark Marten Photography and their immediate family members or household members are not eligible.

10.3 Agreement to Rules
By participating in any Campaign, you agree to be fully bound by the specific rules of that Campaign and these Terms.

10.4 Campaign Period & Entry
Entry periods are defined in each Campaign’s official rules. All entries must be submitted online through the designated form. Incomplete entries or entries that do not comply with the rules may be disqualified.

10.5 How to Enter
You may only enter once per Campaign unless otherwise stated. Multiple entries using different identities, emails, or devices to circumvent rules may result in disqualification.

10.6 Prizes
Prizes are specified in the official campaign rules. The Grand Prize Winner receives the prize as described, with the actual value determined by Clark Marten Photography. Prizes are non-transferable, and no cash substitution is allowed except at the discretion of Clark Marten Photography. Winners are responsible for all applicable taxes. Acceptance of a prize grants permission to use the Winner’s name and likeness for advertising and promotional purposes unless prohibited by law.

10.7 Odds of Winning
Odds depend on the number of eligible entries received.

10.8 Winner Selection & Notification
Winners are selected by random drawing or other method outlined in the Campaign rules. Winners will be notified by phone and/or email. Clark Marten Photography is not responsible for notifications that are undelivered due to contact information errors or spam filters. Winners must respond within the time frame in the Campaign rules or risk forfeiture.

10.9 Rights Granted by You
By entering any Campaign, you grant Clark Marten Photography and its designees the right to use your entry content — names, images, likeness, statements, etc. — in any media for promotional purposes without further compensation, where permitted by law.

10.10 Cancellation or Modification of Campaign
Clark Marten Photography reserves the right to modify, suspend, or cancel a Campaign if technical errors, fraud, or other issues interfere with its integrity.

10.11 Limitation of Liability
By entering, you agree to release and hold harmless Clark Marten Photography and affiliates from liability arising from participation in any Campaign or acceptance, possession, or use of any prize.

10.12 Disputes & Governing Law
Any dispute regarding a Campaign will be governed by Montana law without regard to conflict of laws. You agree that disputes unable to be resolved between the parties will be brought exclusively in courts located in Montana. You waive rights to punitive, incidental, or consequential damages beyond actual out-of-pocket expenses.

10.13 Winners List
To obtain a list of winners or a copy of official rules, mail a request with a self-addressed stamped envelope to Clark Marten Photography by the date specified in the Campaign rules.

10.14 Sponsor
The sponsor of all Campaigns is Clark Marten Photography.

10.15 Facebook Disclaimer
If a Campaign is promoted on Facebook or Instagram, it is in no way sponsored, endorsed, administered by, or associated with those platforms.

11. Marketing & Promotional Use
Unless otherwise agreed in writing, Clark Marten Photography retains the right to use images created during sessions for portfolio display, marketing, advertising, website content, and social media.

12. Limitation of Liability
Clark Marten Photography shall not be liable for acts beyond our control including technical failures, shipping issues, illness, or dissatisfaction with artistic results. Liability is limited to the amount paid for the session or product in question.

13. Right to Refuse Service
We reserve the right to refuse or discontinue services to anyone whose behavior is abusive, unsafe, or inconsistent with our studio values.

14. Governing Law
These Terms are governed by and construed in accordance with Montana law.

15. Changes to These Terms
We may update these Terms at any time. Continued use of our site or services signifies acceptance of any changes.

16. Contact Information
If you have questions about these Terms & Conditions, contact:

Clark Marten Photography
2606 Montana Ave
Billings, MT 59101

customerservice@clarkmarten.com
(406) 256-5555
www.clarkmarten.com

customerservice@clarkmarten.com
406-256-5555
2606 Montana Ave
Billings, MT 59101
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Closed
9 AM - 5 PM
9 AM - 5 PM
9 AM - 5 PM
9 AM - 5 PM
By Appointment
Closed
Clark Marten Photography © 2024 All Rights Reserved
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