Legal

Terms of Service

Last updated: March 2026

These Terms of Service govern your use of our website and the photography services provided by TK Photography (doing business as Cake Smash Photography). By booking a session, you agree to these terms. We've written them to be straightforward — please read them before your session.

1. About Our Services

Cake Smash Photography (operated by TK Photography Chicago) provides professional photography sessions for children, primarily first birthday cake smash sessions. We have operated in Chicago since 2009.

Services are provided at our studio located at 6241 N Clark St, Chicago, IL 60660, or at agreed-upon locations as specified in your booking confirmation.

2. Booking and Confirmation

A session is considered booked only when:

• You have completed our booking form or contacted us to confirm a date and time
• A non-refundable deposit has been received (see Payment Terms below)
• You have received a written booking confirmation from us

We reserve the right to decline any booking at our discretion. Session slots are limited and are not held without a deposit.

3. Payment Terms

Deposit: A non-refundable deposit is required at the time of booking to secure your session date. The deposit amount will be specified in your booking communication. This deposit applies toward your total session fee.

Balance: The remaining balance is due at or before your session. We accept major credit cards, Venmo, and other payment methods as communicated at booking.

Late payment: Failure to pay the balance by the start of your session may result in the session being postponed until payment is received. Gallery delivery will not occur until payment is complete.

Packages and add-ons: The pricing for your chosen package will be confirmed in writing at the time of booking. Additional products (prints, albums, wall art) ordered after the session are subject to current pricing at that time.

4. Sessions Involving Minors

All clients must be 18 years of age or older to enter into this agreement. Because we photograph children, the following applies:

• A parent or legal guardian must be present at the session at all times
• The parent or guardian booking the session confirms they have legal authority to consent on the child's behalf
• For the safety and comfort of the child, we reserve the right to end a session early if conditions are not appropriate (e.g., the child is unwell or distressed). In such cases, we will work with you on rescheduling

5. What to Expect at Your Session

We will do our best to capture beautiful, authentic moments of your child. However, photography of young children is inherently unpredictable. By booking with us, you acknowledge that:

• We cannot guarantee a specific number of usable images, though we aim to deliver a full gallery consistent with your package
• A child's mood, cooperation, and energy on the day of the session will naturally affect the images captured
• We will guide and suggest, but we do not use methods that cause distress to any child
• Sessions may run slightly over or under the scheduled time depending on how the child is feeling

6. Image Delivery

Edited images will be delivered via an online gallery within the timeframe stated in your booking confirmation (typically 2–4 weeks). You will receive a link by email with instructions for viewing and downloading your photos.

• Gallery links are active for 90 days from delivery — please download your photos promptly
• We strongly recommend backing up your photos after downloading
• Rush delivery may be available for an additional fee — inquire at booking

7. Copyright and Image Rights

All photographs taken during your session are the intellectual property of TK Photography. TK Photography Chicago retains full copyright ownership of all images, including raw files.

Your personal use license: Upon full payment, you receive a non-exclusive, non-transferable license to print and use your delivered images for personal, non-commercial purposes. This includes printing photos for your home, sharing on personal social media, and sending to family and friends.

What you may not do without written permission:

• Use the images for commercial purposes (advertising, selling products, etc.)
• Sell, license, or transfer the images to any third party
• Apply filters, heavy edits, or overlays that materially alter the images and then distribute them as representative of your session
• Submit the images for publication or media use

Social media sharing: We love when clients share their photos! When sharing online, we appreciate a tag or credit to our business page, though it is not required.

8. Model Release and Portfolio Use

By booking a session, the parent or legal guardian grants TK Photography a non-exclusive license to use photographs from the session for portfolio, website, social media, and marketing purposes.

Specifically, we may use selected images to:

• Display on our website and in our online portfolio
• Post on social media accounts associated with our business
• Include in marketing materials, print advertisements, and promotional content
• Submit to photography competitions and industry publications

We will not use your child's images in any context that is harmful, embarrassing, or contrary to the spirit of a family photography business. We will not sell images to stock photo agencies or unrelated third parties.

Opting out: If you prefer that your images not be used publicly, please request a private/no-portfolio session before or at the time of booking. This option may be available for an additional fee.

9. Rescheduling and Cancellations

Our full cancellation and rescheduling policy is available on our Cancellation and Refund Policy page. Key points:

• Deposits are non-refundable under all circumstances
• One free reschedule is available with at least 48 hours' notice
• Weather and emergency cancellations will be rescheduled at no penalty
• If we must cancel, you will receive a full refund and priority rebooking

10. Limitation of Liability

We take every reasonable precaution to deliver an excellent experience. However, in the event of equipment failure, file corruption, or other technical issues beyond our control, our liability is limited to a complimentary reshoot or a refund of amounts paid for that session — whichever we determine is most appropriate.

We are not liable for:

• Events outside our control (severe weather, illness, venue issues)
• The client's dissatisfaction with images that accurately represent the session
• Loss of images after gallery delivery and the 90-day download window
• Indirect, consequential, or special damages of any kind

Our maximum liability under these terms shall not exceed the total amount paid for the session in question.

11. Studio Safety and Conduct

We maintain a safe, welcoming environment for children and families. We reserve the right to refuse service or end a session if:

• Any party behaves in a threatening, abusive, or discriminatory manner
• A child's safety or wellbeing appears to be at risk
• Conditions at the session are unsafe for children or staff

12. Governing Law and Dispute Resolution

These Terms of Service are governed by the laws of the State of Illinois. Any disputes arising from these terms or your session with us shall be resolved in Cook County, Illinois.

We encourage you to contact us first with any concerns — most issues can be resolved through open communication. If a formal dispute is required, the parties agree to attempt good-faith mediation before pursuing litigation.

13. Changes to These Terms

We may update these Terms of Service periodically. The version in effect at the time of your booking confirmation governs your session. Changes will be posted on this page with an updated date.

14. Contact Us

Questions about these terms? We're happy to clarify anything.

• Email: [email protected]
• Phone: (847) 386-1223
• Address: 6241 N Clark St, Chicago, IL 60660