Terms of Service

Last updated: March 29, 2026

1. Acceptance of Terms

By accessing or using the Fotochi platform, website, or mobile application (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Platform.

2. The Fotochi Marketplace Model

Fotochi operates a two-sided digital marketplace that connects clients ("Clients") with independent professional photographers ("Photographers").

  • Bifurcated Service: The Photographer’s sole responsibility is the live capture of RAW photographs. Fotochi assumes sole responsibility for the post-production, editing, and final digital delivery of the images.
  • Independent Contractors: Photographers are independent third-party contractors, not employees or agents of Fotochi. While Fotochi facilitates the booking, escrow, and editing, Fotochi does not direct or control the Photographer’s live performance.

3. Booking, Durations, and Financial Terms

All payments are processed securely via third-party payment processors (e.g., Stripe).

  • Dynamic Scheduling: Booking durations are not manually selected by the Client. Time requirements are dynamically calculated by the Platform’s algorithm based on the Client's specified group size.
  • Pricing Structure: The total cost to the Client includes the Photographer’s selected base hourly rate plus a fixed hourly post-production markup applied by Fotochi.
  • Payment Escrow: Upon booking, Client funds are captured and held in a secure escrow state. Funds are only distributed to the Photographer and Fotochi upon successful delivery of the final product, or pursuant to the cancellation/dispute policies herein.

4. Service Deliverables and Limitations

To guarantee post-production quality and platform stability, Fotochi enforces strict operational parameters:

  • Deliverable Volume: For every hour booked, Clients are guaranteed a minimum of ten (10) professionally edited photographs. Photographers are capped at capturing a maximum of forty (40) RAW files per hour.
  • Artistic Review: Following Fotochi's post-production process, Photographers are granted a forty-eight (48) hour window to review the edits to ensure artistic integrity. If the Photographer approves or fails to act within this window, the final images will be automatically routed to the Client.
  • Delivery: Final edited images will be delivered to the Client digitally. Fotochi does not provide physical prints.

5. User Responsibilities

Clients agree to:

  • Provide accurate location, time, and group size information.
  • Ensure the Photographer has safe and lawful access to the shooting location (e.g., campus grounds, graduation venues).
  • Venue Rules and Official Vendor Exclusivity: The Client acknowledges that the University holds exclusive contracts with official commencement photographers for all on-stage and in-arena ceremony photography. Fotochi provides campus lifestyle and portrait photography services only.
  • No Ceremony Coverage: Fotochi Photographers are strictly prohibited from acting as event photographers inside the commencement venue during the ceremony. The Client agrees to schedule their Fotochi booking strictly for before or after their official commencement ceremony, and assumes all responsibility for selecting a time block that does not conflict with their stage walk. Fotochi will not issue refunds for missed time if the Client books a session that overlaps with their ceremony.
  • Treat Photographers professionally.

Photographers agree to:

  • Adhere strictly to the "shoot and dump" workflow by uploading only unmodified RAW files directly to the Platform's designated servers.
  • Not circumvent the Platform to solicit direct payment from Clients.
  • Comply with the terms set forth in the separate Fotochi Independent Contractor Agreement.

6. Intellectual Property and Licensing

  • Platform Ownership: All photographs captured during a Fotochi booking are considered a "Work Made for Hire." Upon upload to the Platform, Fotochi retains full ownership, copyright, and distribution rights to the digital files.
  • Client License: Upon successful payment and delivery, Fotochi grants the Client a perpetual, non-exclusive, worldwide license to use, download, and share the final edited images for personal, non-commercial purposes.
  • Photographer License: Photographers are granted a limited license to use the final edited images for their personal professional portfolios, active thirty (30) days after Client delivery.

7. Cancellations, No-Shows, and Refunds

  • Client Cancellations: Cancellations made by the Client more than 48 hours before the scheduled booking will receive a full refund. Cancellations made within 48 hours of the scheduled booking are non-refundable to compensate for the Photographer's reserved time.
  • Photographer No-Shows: In the event a Photographer fails to arrive at a confirmed booking, the Client will receive a full immediate refund.
  • Quality Disputes: If a Client is dissatisfied with the post-production editing, they must submit a dispute through the Platform within three (3) days of delivery. Fotochi reserves the right to offer re-edits or partial refunds at its sole discretion.

8. Limitation of Liability

To the maximum extent permitted by law, Fotochi shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform. Fotochi is not liable for the actions, omissions, or conduct of any third-party Photographer or Client, including but not limited to property damage, personal injury, or failure to secure necessary venue permits.

9. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration administered by the American Arbitration Association, taking place in Broward County, Florida. Both parties waive the right to participate in a class-action lawsuit or class-wide arbitration.

10. Modifications to Terms

Fotochi reserves the right to modify these Terms at any time. Continued use of the Platform following any modifications constitutes acceptance of the updated Terms.

11. Contact Information

For questions about these terms, contact us at legal@fotochi.com