Terms of Use

Dion Software, LLC operates FolioHire as an online marketplace that helps customers discover independent photographers and send them booking requests. FolioHire is a technology platform only. We are not a photography studio, agency, employer, talent representative, escrow provider, payment processor, insurer, or party to any agreement between a customer and a photographer.

Photographers listed on FolioHire are independent third parties. They are not employees, agents, partners, joint venturers, or representatives of FolioHire. FolioHire does not direct, supervise, control, or take responsibility for any aspect of a shoot, the conduct of either party, or the resulting work product.

Any contract for a photography shoot — including price, deliverables, location, timing, model releases, usage rights, refunds, cancellations, and dispute resolution — is formed directly between the customer and the photographer. FolioHire is not a party to that contract and has no obligations under it.

FolioHire does not perform background checks, identity verification, criminal record checks, immigration checks, qualification checks, insurance checks, or reference checks on any user. Profile content — including names, photos, portfolios, locations, prices, packages, availability, reviews, and credentials — is submitted by users and is not independently verified by FolioHire.

FolioHire makes no representation or warranty about any user, listing, or shoot, including:

• the identity, age, character, qualifications, experience, or trustworthiness of any photographer or customer;
• the accuracy, completeness, legality, safety, or suitability of any listing, profile, portfolio, brief, or message;
• the quality, timeliness, or delivery of any photography services;
• the legality of any shoot location or activity arranged through the platform;
• whether any photographer or customer holds the licenses, permits, releases, or insurance their shoot may require.

You are solely responsible for your own safety, your guests, your property, and your equipment when meeting another user in person. FolioHire strongly recommends that you take, at minimum, the following precautions:

• For a first meeting, choose a public, well-lit location during daylight hours wherever possible. Coffee shops, public parks, hotel lobbies, and co-working spaces are good options.
• Tell a friend or family member where you will be, who you are meeting, and when you expect to be done. Share your live location.
• Verify identity in person before the shoot starts — match the person to their profile photo and ask for ID if anything feels off.
• Do not invite a stranger into your home, hand over equipment, hand over keys, or travel to an isolated location until you have met and feel comfortable.
• Bring a companion to any shoot involving private locations, intimate poses, minors, or alcohol. Minors should never attend a shoot without a parent or guardian present.
• Trust your instincts. If something feels wrong before or during a shoot, leave. You are never obligated to continue.
• Call your local emergency services if you feel unsafe. FolioHire is not an emergency service and cannot intervene in real time.

FolioHire does not currently process payments, hold funds in escrow, or guarantee any transaction. Customers and photographers arrange payment directly between themselves using whatever method they agree to. FolioHire has no visibility into, and no control over, those payments.

Because FolioHire is not the payment processor, FolioHire cannot reverse, refund, charge back, recover, reimburse, or compensate for any money that changes hands between users. This includes (without limitation) fraud, scams, deposits, retainers, full payments, tips, expenses, travel costs, equipment costs, gallery fees, and any other amount.

You are solely responsible for protecting yourself against fraud, scams, impersonation, no-shows, theft, misrepresentation, and any other dishonest conduct by other users. FolioHire will not be liable for any financial loss you suffer as a result, even if the other user found you through FolioHire, contacted you through FolioHire, or used FolioHire to coordinate the shoot.

Recommended precautions:

• Never wire money, send cryptocurrency, send gift cards, or use other irreversible payment methods to a user you have not met and verified.
• Be skeptical of any user who pressures you for payment up front, asks you to move the conversation off FolioHire immediately, sends a payment "by mistake" and asks for a refund, or offers a price that seems too good to be true.
• Use a payment method that gives you a written record and, where possible, buyer or seller protection.
• Keep deposits modest until trust is established, and put the terms (deliverables, schedule, refund policy, cancellation policy) in writing before any money changes hands.
• Report suspicious behavior to FolioHire at trust@foliohire.com so we can investigate and remove bad actors. Reporting does not create any obligation by FolioHire to compensate you.

Photographers retain copyright in the images they create and are solely responsible for any licensing, model release, location release, or usage agreement they negotiate with a customer. Customers are solely responsible for obtaining the rights they need for their intended use.

By submitting profile content (including portfolios, photos, bios, packages, reviews, and messages) to FolioHire, you grant FolioHire a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, and distribute that content for the purpose of operating and promoting the platform. You represent that you own or have the right to grant this license and that the content does not infringe any third-party right.

FolioHire is not responsible for unauthorized use, reproduction, distribution, or modification of any photo, brief, or other content shared between users.

You agree not to use FolioHire to:

• post content that is unlawful, fraudulent, deceptive, defamatory, harassing, hateful, sexually exploitative, or otherwise objectionable;
• impersonate any person, misstate your identity, age, or qualifications, or operate more than one account to evade enforcement;
• solicit, arrange, or facilitate any illegal activity, including the sexual exploitation of minors, non-consensual photography, trespass, or unlicensed commercial work;
• circumvent, disable, or interfere with security or rate-limiting features of the platform, scrape data at scale, or use the platform to train machine-learning systems without our written permission;
• send spam, unsolicited offers, or messages unrelated to a legitimate booking;
• collect personal information about other users beyond what is reasonably necessary to complete a booking.

You must be at least 18 years old, or the age of majority in your jurisdiction (whichever is greater), to create an account. You are responsible for everything that happens on your account and for keeping your password secure.

By creating an account, applying as a photographer, sending a booking request, accepting a booking, or otherwise using FolioHire, you confirm that you have read, understood, and agree to these terms. If you use FolioHire for a company, brand, client, or other organization, you represent that you have authority to bind that organization to these terms.

FolioHire may suspend, restrict, or terminate any account at any time, with or without notice, for any reason or no reason — including suspected fraud, suspected unsafe behavior, repeated complaints, or breach of these terms. FolioHire has no obligation to compensate you for any loss arising from suspension or termination.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FOLIOHIRE DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND TITLE.

Without limiting the foregoing, FolioHire does not warrant that the platform will be uninterrupted, error-free, secure, or free of viruses or harmful components, or that any defect will be corrected. FolioHire does not warrant that any photographer, customer, listing, brief, message, or shoot is safe, lawful, accurate, complete, or suitable.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the disclaimers above apply to the maximum extent permitted by law.

TO THE FULLEST EXTENT PERMITTED BY LAW, FOLIOHIRE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR ANY SHOOT, EVEN IF FOLIOHIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FolioHire will not be liable for any loss or damage arising from:

• the conduct, statements, content, omissions, no-shows, or cancellations of any photographer, customer, or other third party;
• fraud, theft, identity theft, impersonation, scam, or any other dishonest or criminal conduct of any user;
• personal injury, illness, emotional distress, property damage, equipment loss, or death suffered before, during, or after a shoot;
• the quality, timeliness, delivery, or non-delivery of any photographs or other deliverables;
• any agreement, payment, deposit, refund, or chargeback between a customer and a photographer;
• any loss of, unauthorized access to, or unauthorized use of photographs, content, or personal information shared between users;
• service interruptions, outages, data loss, or unauthorized access to your account.

IF, DESPITE THE PROVISIONS ABOVE, FOLIOHIRE IS FOUND LIABLE TO YOU FOR ANY REASON, FOLIOHIRE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT OF FEES YOU HAVE PAID TO FOLIOHIRE (NOT TO ANY PHOTOGRAPHER) IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). DURING THE BETA PERIOD, FOLIOHIRE DOES NOT CHARGE PLATFORM FEES, SO LIMB (A) WILL TYPICALLY BE ZERO.

You agree that this limitation reflects an allocation of risk that is fundamental to the basis of the bargain between you and FolioHire, and that it applies even if any limited remedy fails of its essential purpose.

You agree to defend, indemnify, and hold harmless FolioHire, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (i) your use of the platform; (ii) your interaction with any other user; (iii) any shoot, agreement, payment, or dispute between you and another user; (iv) any content you submit; or (v) your breach of these terms or any law or third-party right.

Disputes between a customer and a photographer — including disputes about price, deliverables, refunds, no-shows, content rights, or conduct during a shoot — are between those users. FolioHire is not obligated to mediate, arbitrate, or resolve any such dispute, and FolioHire will not be liable for the outcome.

FolioHire may, but is not required to, remove listings, suspend accounts, or share information with law enforcement in response to credible reports.

FolioHire may update these terms from time to time. If we make material changes, we will notify users by email or through the platform before the changes take effect. Your continued use of the platform after the effective date of the updated terms constitutes acceptance of those terms.

These terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Any dispute that is not required to be resolved between users will be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts. Nothing in this section limits any non-waivable consumer right you have under the laws of your country of residence.

If any provision of these terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable and the remainder of these terms will remain in full force and effect. These terms are the entire agreement between you and FolioHire regarding the platform and supersede any prior agreement.