Terms & Conditions

Limitation of Damages and Actions.

The exclusive remedy for defective or nonconforming goods or services is limited to the repair or replacement of the deficient or nonconforming goods or services. IN NO EVENT SHALL MARK SWANSON PHOTOGRAPHY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR CONTINGENT DAMAGES OF ANY KIND, WHETHER ARISING OUT OF THIRD-PARTY CLAIMS OR A DIRECT CLAIM, FOR BREACH OF CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, LOST PROFITS, INCONVENIENCE, EXEMPLARY, OR OTHER THEORIES OF LAW WITH RESPECT TO THE DELIVERY OF GOODS OR SERVICES OR ANY UNDERTAKINGS, ACTS, OR OMISSIONS RELATING THERETO. No action or suit may be brought against Mark Swanson Photography later than two years from the date of completion of an order or project.

Force Majeure.

Mark Swanson Photography is not liable for any claim, damages, loss, expense, or liability that results from any delay or failure to deliver goods or services if the delay or failure is in whole or in part beyond Mark Swanson Photography’s reasonable control including, but not limited to: (i) restrictions imposed by any governmental legislation, rules, or regulation; (ii) any act or omission of an actor other than an agent of Mark Swanson Photography; (iii) strikes, shutdowns, or other labor unrest; (iv) embargoes; (v) riots; (vi) storms; (vii) fire; (viii) accidents; (ix) war; (x) act of terrorism; (xi) delay in transportation; or (xii) inability to obtain necessary labor, materials, or facilities. Any delay or failure beyond Mark Swanson Photography’s reasonable control shall not be considered a breach of contract nor create any liability on Mark Swanson Photography’s part. The date of completion of any order or project shall be extended for a period equal to the time lost because of the force majeure event.

Dispute Resolution.

Any complaint not otherwise resolved by Mark Swanson Photography, is subject to the dispute resolution procedure described in these Terms. Mediation. You agree to notify Mark Swanson Photography by email of any potential claim you may have against Mark Swanson Photography. If the claim is not resolved to your satisfaction within 60 days, you agree to notify Mark Swanson Photography that you intend to engage in mediation prior to filing suit. Likewise, should Mark Swanson Photography choose to initiate mediation for dispute resolution, you agree to engage in the process. Mediation will be with an Impartial Third-Party that is qualified to serve by meeting the requirements of Section 154.052 of the Texas Civil Practice and Remedies Code and will otherwise be conducted under the provisions of Section 154.023 of such Code. Arbitration. In the unlikely event that a dispute continues between Mark Swanson Photography and you after Mediation, you agree to submit any remaining dispute to fulling binding Arbitration to take place and to be conducted under the provisions of Chapter 171 of such Code. All proceedings through either Mediation or Arbitration will be confidential and will take place at a location to be agreed between you and Mark Swanson Photography in Tarrant County, Texas.

Web-Based Communications.

By using this website, you agree that any communications regarding any order, project, these Terms, or the Privacy Policy, may be by email, text message, or other web-based vehicles. By providing an email address or cell phone number, you consent to and accept any and all electronic communications the same as though they were contained in a written document signed by Mark Swanson Photography and yourself, and you acknowledge that Mark Swanson Photography does not guarantee the privacy of such communications.

Applicable Law.

Any order, invoice, these Terms, and the Privacy Policy are governed by the laws of the State of Texas. Performance under the terms of each is exclusive to Tarrant County, Texas, which is the exclusive place of venue of any action.