The Fine Print
Terms of Use & Sale
Date of Last Revision: October 15, 2026
Terms & Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, OR PURCHASING PRODUCTS THROUGH IT, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Welcome to Franklin McKay Photography. This site ("Site") is owned and operated by Franklin McKay ("we," "us"). These Terms of Use apply to your access to and use of the Site, including your purchase of photographic prints and related products ("Products") through our third-party print lab partner ("Lab Partner").
Your use of the Site and your purchase of Products is expressly conditioned upon your agreement to these Terms of Use. If you do not agree, you are not permitted to use the Site or purchase Products.
The Site is not intended for use by anyone under the age of 18. By using the Site, you represent that you are at least 18 years of age.
We reserve the right to change these Terms of Use at any time by posting revised terms on the Site and updating the date above. Your continued use of the Site or purchase of Products after such posting constitutes your acceptance of the changes.
A. General Terms
1. License to Use the Site
The Site and all images, text, graphics, code, and other content on it are the property of Franklin McKay and are protected by Canadian, United States, and international intellectual property laws.
We grant you a limited, non-transferable, revocable license to access and use the Site solely in accordance with these Terms. All rights not expressly granted are reserved.
2. Restrictions
You agree not to:
- Copy, download (beyond normal browser caching), distribute, or reproduce any photographs or content from the Site
- Resell, commercially exploit, or publicly display any Site content
- Scrape, data-mine, or use automated tools to extract content from the Site
- Bypass, disable, or circumvent any copy-protection, watermarking, or security mechanisms on the Site
- Use the Site for any unlawful purpose
Any unauthorized use may result in immediate termination of your access and may constitute a breach of these Terms and a violation of copyright law.
3. Copyright
All photographs displayed on this Site are © Franklin McKay. All rights reserved.
Purchasing a print does not transfer copyright or grant any license to reproduce, distribute, or commercially exploit the image. Your purchase includes the physical print only.
B. Terms of Sale
These Terms of Sale form part of the Terms of Use and apply to your purchase of any Products through the Site. All sales are expressly conditioned upon your agreement to these Terms of Sale.
We facilitate your purchase through our relationship with our Lab Partner. You acknowledge that the printing and production of physical Products is performed by our Lab Partner, and our role is to facilitate and support the order process.
1. Pricing; Payment Terms
To purchase Products, you must provide valid payment information as required at checkout. Payment is processed securely via PayPal. We may cancel your order if we are unable to process your payment and you do not provide an alternative upon request.
You are responsible for any taxes applicable to your purchase. Where we are required to collect sales tax, it will be added to your total and shown before you complete your order.
2. Shipping Terms
Physical Products are printed to order by our Lab Partner and shipped directly to you. We will use commercially reasonable efforts to ship orders within the estimated delivery times shown at checkout. We are not responsible for shipping delays.
- All shipping charges are your responsibility and will be shown before you finalize your order.
- We or our Lab Partner may substitute a carrier of equal or lesser cost at our discretion.
- All orders are shipped FOB shipping point — title to the Products passes to you upon shipment to the carrier.
- Risk of loss transfers to you upon delivery to the carrier. If your order is lost in transit, contact us and we will work with the carrier to resolve it.
3. Return Policy
We unconditionally guarantee your satisfaction with any Product purchased through the Site. If you are unsatisfied with any print for any reason, we will accept its return within thirty (30) days of your receipt. Upon receiving the returned Product, we will resend the Product or issue a full refund of the purchase price, at your choice.
We do not refund original shipping costs unless the Product is physically defective.
To request a return or replacement, contact us through the Site. Please do not file a payment dispute with PayPal before contacting us — give us the chance to make it right first.
4. Product Availability and Pricing
We may revise or discontinue Product options (sizes, finishes, papers) at any time without notice. Products may become unavailable even after you place an order. All prices are subject to change without notice.
5. Product Descriptions; Errors; Color Accuracy
We strive for accuracy but do not warrant that Product descriptions, images, pricing, or other Site content are complete, error-free, or current. All dimensions are approximate.
Color: The color you see on your screen depends on your display settings. We cannot guarantee your screen accurately represents the printed colors. Our Lab Partner uses professional color calibration, but some variation between screen and print is normal and expected.
If a Product is not as described, your sole remedy is to return it in unused condition for a refund within thirty (30) days of receipt.
6. Disclaimer of Warranties; Limitation of Liability
THE THIRTY (30) DAY RETURN RIGHT ABOVE IS YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY PRODUCT PURCHASE, AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY ORDER SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THAT ORDER. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
C. Privacy
We collect only the information needed to process your order (name, shipping address, email, payment details via PayPal). We do not sell your personal information. Full-resolution image files are stored securely and shared only with our Lab Partner as needed to fulfill your order.
D. Changes to These Terms
We may update these Terms at any time. The version in effect at the time of your purchase governs your order.
E. Contact
Franklin McKay Photography — franklinmckayphotography.com
For order questions, returns, or copyright concerns, use the contact form on the Site.
Modeled on the structure of SmugMug's Terms of Use. These are a starting template — have them reviewed by a lawyer before launch.