{"id":20411,"date":"2021-01-17T04:51:00","date_gmt":"2021-01-17T04:51:00","guid":{"rendered":"https:\/\/www.topitstudios.com\/terms-conditions\/"},"modified":"2025-07-13T16:29:27","modified_gmt":"2025-07-13T16:29:27","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/www.prophotostudio.net\/terms-conditions\/","title":{"rendered":"Terms & conditions"},"content":{"rendered":"\t\t
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Terms & Conditions<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Legal Definitions\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1.A) The client identified on the invoice (hereafter referred to as “the Client”) has engaged Professional Photography, INC. to provide and deliver photography services. “Image(s)” refers to all visual outputs provided by Professional Photography, INC., regardless of the medium used for capture or storage.<\/p>

It’s crucial for the Client to provide clear instructions on how the photography should be conducted. Without specific guidance, Professional Photography, INC. may not be able to meet the Client’s expectations. If the photography is executed as per the Client’s original instructions and any changes are subsequently requested, additional charges will be incurred due to the time spent on the initial shoot.<\/p>

1.A) Professional Photography, INC. offers a cost-effective service with a quick turnaround, partly because it operates without on-set art direction. Consequently, on-set art direction is not available for these services.<\/p>

1.B) “Art direction” involves the client or their representative being on set or virtually present, approving, disapproving, or directing the photography in real-time. Any client interaction that disrupts this efficient process constitutes a breach of our terms and conditions.<\/p>

1.C) Instructions on how the images should be photographed must be clearly outlined in the notes section during the ordering process or in a separate email as indicated in the confirmation email. This may include “comps”, drawings, illustrations, tear sheets, cell phone images, or reference URLs to guide the photographers.<\/p>

1.D) If the photography matches the example image provided by the Client in terms of style and position, but the Client later decides they want a different style or object position, the photographer has the option to either cancel the job and issue a refund (excluding the deposit) or charge for an additional photograph.<\/p>

E) In cases where no example or guide images are provided, the Client forfeits the right to a refund, revisions, or approval of the images.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Refund Policy, Revisions and Image Approval\/Disapproval\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Given the unique and creative nature of our photography services at Professional Photography Inc., each photoshoot is custom-tailored to meet the specific needs of our clients. We dedicate ourselves to crafting a personalized photographic experience, which inherently makes issuing refunds unfeasible. This is due to the extensive time, effort, and resources invested in planning, executing, and editing to ensure each photoshoot is a reflection of our client’s vision.<\/p>

However, we understand that each project is distinct and, in certain circumstances, clients may be eligible for a partial credit towards future photoshoots. This consideration is based on the specifics of the project and is at the discretion of Professional Photography Inc.<\/p>

Image Approval Process and Revisions:<\/strong><\/p>

  1. Client Approval<\/strong>: After the photoshoot, clients will have the opportunity to review and approve the images. This process is conducted via email or phone call once the images are uploaded to our download site.<\/p><\/li>

  2. Detailed Feedback<\/strong>: If a client disapproves of an image, they are required to provide detailed feedback either through a phone call or email, specifying the exact changes needed.<\/p><\/li>

  3. Revision Limit<\/strong>: An image can be re-edited up to two times. Beyond this, the decision to make further changes lies solely with Professional Photography Inc.<\/p><\/li>

  4. Image Usage Post-Approval<\/strong>: Once a client approves the final images, they cannot request further changes, reshoots, or a refund. Using the images implies approval.<\/p><\/li>

  5. Orphaned Images<\/strong>: Images not downloaded within 30 days from the delivery date will be considered orphaned. The associated products will be forfeited, and the job will be deemed closed.<\/p><\/li>

  6. Turnaround Time for Revisions<\/strong>: The standard 7 business day turnaround time (or 3-day rush time) does not apply to disapproved images. Redone images will be delivered within 7 business days from receiving detailed revision directions.<\/p><\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    Image Usage<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    Upon final delivery, the photographs become licensed to you for use on a royalty-free basis. This means you are free to use the photographs in any of your publications as many times as you like, with as wide a distribution as you like, without ever having to pay us royalties for their use. We allow the use of these photos in all forms of publication including print advertising, packaging, web, television, etc. Please mote: When using our images,\u00a0<\/p>

    The following language must be presented below, or above the image “Photo By Tsour Lee Adato – Pro Photo Studio” any publication online and offline magazines, magazines, TV, and outdoor banners.\u00a0 We also retain the copyrights for delivered photos and the photographs may not be re-sold to any third party..\u00a0\u00a0*If you wish to have full copyright released to you, there is an option to pay 50% of your invoice and you will be able to use the images for TV advertisement or sell them to a third party.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    Product Quality And Resulting Image\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    1.A)Professional Photography, INC. will photograph the item as it arrives at the studio. If the item has flaws, mislabels, \u201cwaves\u201d in the labels, nicks in the package or products, inherent damage, it will be photographed as such.
    2.B) If the item arrives unacceptably damaged as determined by our receivables department, you will be contacted and given a chance to send a new item to be photographed.
    3.C) Professional Photography, INC may retouch certain minor flaws inherent in the product but it is not required too.
    4.D) Professional Photography, INC can provide propping for a photo but the client must provide all props for the photograph. Clear direction is required, preferably in the form of a cell phone photograph of the setup.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    Pre-approval Images\n\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    1.A) When shooting a large quantity of products or highly difficult items sometimes Professional Photography, INC. will send a pre-approval image. Aspects of this pre-approval image, such as overall lighting quality & highlight position determines how other similar products will be photographed. If this \u201cGuide Image\u201d is approved, reshoots and re-retouching cannot be requested for these specific aspects.
    2.B) If the client requests a reshoot or re-retouching of an aspect of a photograph that was defined by the \u201cGuide Image\u201d additional charges will be incurred at the standardProfessional Photography, INC. rate for a reshoot or in a pro-rated rate of $250 an hour for re-retouching.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    Turn Around Time & Delays\n\n\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    1.A) Turn around times begin upon the delivery of the products toProfessional Photography, INC. Studio.
    2.B) Professional Photography, INC. will make every reasonable attempt to deliver the pictures within a reasonable amount of time, however, Professional Photography, INC will not be held responsible for delays due to act of god or terrorism.<\/p>

    3.C) 7 day turn around time refers to 7 business days, specifically Monday \u2013 Friday.<\/p>

    4.D) 3 day rush turn around time refers to 3 business day, specifically Monday \u2013 Friday.<\/p>

    5.E) 48 Hours rush turn around time <\/span>refers to 2 business day, specifically Monday \u2013 Friday.<\/span><\/p>

    6.F) 24 hours rush<\/span> turn around time <\/span>refers to 1 business day, specifically Monday \u2013 Friday.<\/span><\/p>

    If the rush turn around time is not met than, the order will change to a 7 day order and a refund for the additional rush fees will be refunded. 6.F) Standard and Rush turnaround times are only applicable on order under 50 items. <\/p>

    On orders where there are 50 or more items to photograph the turn around time will vary and is based on the total number of items to photograph and the difficulty. In this case, specific turnaround times are available upon request but are otherwise open and without a specified time frame.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    Payment\n\n\n\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    1.A) The Client must pay 50% of the costs up front for all orders.
    2.B) Estimate and contract will be sent and must be approved via email.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    Image Sizing & Resolution\n\n\n\n\n\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    1.A) Professional Photography, INC. delivers an image that is a full resolution 300DPI file is the universal industry accepted high-resolution format. As a standard, images are color matched to the product, retouched for dust and scratches, skewed to be straight. Reflections are gradated to white no more than 25% below the product. Images are flattened and paths\/clipping paths around the product can be found in the paths menu if ordered. Format: High Resolution Compression: Width\/Height: Largest possible File Size, no smaller than 3000px on any side. Colorspace: Web-ready sRGB Background: 255\/100% white around the product
    2.B) Professional Photography, INC. will not be held responsible resizing or reformatting images to fit the clients wide range of possible uses. The image sizes are delivered in large format to enable the majority of these standard uses, for example on a website, in a standard sized catalog or printed in a magazine.
    3.C) The images are delivered large enough for printable uses of a maximum of size of 8.5\u00d711 inches with a print resolution of 300dpi and a minimum size as limited by a standard screen resolution. Uses of the images larger than this, such as billboard, vehicle clings, large convention displays; may not render or print with the optimal quality and is not covered by Professional Photography, INC.\u2019s quality guarantee. D) Professional Photography, INC. will not deliver layered PSD files.
    4.E) If you need help preparing your images for your website please contact us.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    Products Shipping, Return Shipping\n\n\n\n\n\n\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    1.A) The shipping of products to and from Professional Photography, INC. is the sole financial and physical responsibility of the client enroot to Professional Photography, INC.
    2.B) Professional Photography, INC. will not be held responsible for damaged goods in the shipping process.
    3.C) The client must place the Professional Photography, INC. provided Order Summary, printed at the end of the process, in the box prior to shipping. If it is neglected, then Professional Photography, INC. will not be responsible for delays of photography or confusions.
    4.D) Return shipping is optional and at the client expense.
    5.E) Payment for return shipment is billed separately and returned at cost, in the same manner and with the same shipping service unless otherwise specified in the notes.
    6.F) An invoice for the return shipping will be sent and once paid, the shipment will be made.
    7.G) The Client assumes full risk of loss or damage to or arising from materials furnished by the client hereunder and warrants that said materials are adequately insured against loss, damage or liability. The client shall indemnify the Photographer against all claims, liability, damages, and expenses incurred by the photographer in connection with any claim arising out of the use of said materials hereunder.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    Products That Are Not Returned<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    Return Shipping Policy \u2013 Mandatory Client Action Required<\/b><\/h3>

    1. Shipping Labels<\/b><\/b><\/p>

    Clients must<\/b><\/span> include a return shipping label<\/b><\/span> with their initial product shipment to our studio. If a label is not included, the product will not be returned<\/b><\/span> unless one is provided via email before the 14-day post-shoot deadline<\/b><\/span>.<\/p>

    2. Return Request Deadline<\/b><\/b><\/p>

    Clients have 14 calendar days<\/b><\/span> from the date of project completion to email us and request the return of their product(s). If no request is made within this window, the product will be considered abandoned.<\/p>

    Products Not Returned<\/h3>

    A. Responsibility for Return<\/b><\/b><\/p>

    Return shipping is client\u2019s responsibility<\/b><\/span> and must be requested. We do not<\/b><\/span> guarantee storage or returns unless a return label is provided and a request is made via email within 14 days of shoot completion.<\/p>

    B. Storage Duration & Ownership Transfer<\/b><\/b><\/p>

    Non-perishable items will be stored for 7 calendar days<\/b><\/span> following project completion. After this period, Professional Photography, INC. will assume ownership<\/b><\/span> of the items, which may be disposed of, sold, donated, or used for internal purposes<\/b><\/span> without further notice or compensation.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    COPYRIGHT<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    A worldwide basic image usage (usage only) copyright is provided at no additional cost. (social media, website, magazine)<\/p>

    All copyrights to the Images remain with Professional Photography, Inc. Accordingly, purchasers may not sell or transfer the Images to third parties; they may only be used for promotion on the purchaser\u2019s website, social media channels, or in print publications (e.g., magazines).<\/p>

    Images may not be used in any other means other than agreed upon. The client invoice indicates the Usage Fee & Rights. Client may not resell the images, or \u201cgive\u201d the images to other vendors selling their product.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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    OOH Copyrights<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    OOH (Out-of-Home) & Packaging Usage Rights<\/b><\/b><\/p>

    1. Scope:<\/b><\/span> Grants public and retail display of the Image(s), including outdoor ads (billboards, bus shelters, building wraps, transit posters) and printed packaging (product boxes, point-of-sale displays).<\/p><\/li>

    2. Separate License:<\/b><\/span> Standard royalty-free images exclude OOH and packaging. A dedicated license is required for these uses.<\/p><\/li>

    3. Territory & Term:<\/b><\/span> Licenses specify a geographic area (city, region, country) and run for a fixed 3-year<\/b><\/span> period.<\/p><\/li>

    4. Fee:<\/b><\/span> A flat rate of $3,000 per image<\/b><\/span> secures full OOH and packaging rights for the agreed territory and term.<\/p><\/li>

    5. Termination:<\/b><\/span> Non-payment or misuse voids the license immediately; all displays and packaging prints must be removed within 5 business days.<\/p><\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      This agreement is binding<\/b><\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      The Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of Professional Photography, INC., Client, Client\u2019s principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and the Client is bound by, oral authorizations for fees or expenses, which could not be confirmed in writing because of insufficient time. <\/p>

      This agreement incorporates, by reference, Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended.<\/p>\n

      Except as provided below (b), any dispute regarding this agreement shall be, at Professional Photography, INC.\u2019s sole discretion, either (1) arbitrated under the rules of the American Arbitration Association and the laws of Illinois. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $2,500 or less may be submitted without arbitration to any court having jurisdiction there of. <\/p>

      The client shall pay all arbitration and court costs, Professional Photography, INC\u2019s reasonable legal fees, and expenses, and legal interest of any award or judgment in the event of any ward or judgment in favor of Professional Photography, INC.., or (2) adjudicated under the law. The Client shall pay all court costs, the Photographer\u2019s legal fees, and expenses, and legal interest on any award or judgment in the event of any award or judgment in favor for Professional Photography, INC. Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Professional Photography, INC. under the Copyright Act of 1976, as amended.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      Intellectual Property\n\n\n\n\n\n\n\n\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      \n\t\t\t\t\t\t\t\t\tThe Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Professional photography Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and may not be used in connection with any product or service without the prior written consent of Professional photography Inc..\n\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      DMCA Notice and Procedure for Copyright Infringement Claims\n\n\n\n\n\n\n\n\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):<\/p>

      • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright\u2019s interest;<\/li>
      • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;<\/li>
      • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;<\/li>
      • your address, telephone number, and email address;<\/li>
      • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;<\/li>
      • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner\u2019s behalf.<\/li><\/ul>

        You can contact our Copyright Agent via email at\u00a0info@prophotostudio.net<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

        Terms & Conditions Legal Definitions 1.A) The client identified on the invoice (hereafter referred to as “the Client”) has engaged Professional Photography, INC. to provide and deliver photography services. “Image(s)” refers to all visual outputs provided by Professional Photography, INC., regardless of the medium used for capture or storage. It’s crucial for the Client to […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"site-sidebar-layout":"no-sidebar","site-content-layout":"page-builder","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"disabled","ast-breadcrumbs-content":"","ast-featured-img":"disabled","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"default","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"class_list":["post-20411","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.prophotostudio.net\/wp-json\/wp\/v2\/pages\/20411","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.prophotostudio.net\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.prophotostudio.net\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.prophotostudio.net\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.prophotostudio.net\/wp-json\/wp\/v2\/comments?post=20411"}],"version-history":[{"count":40,"href":"https:\/\/www.prophotostudio.net\/wp-json\/wp\/v2\/pages\/20411\/revisions"}],"predecessor-version":[{"id":44705,"href":"https:\/\/www.prophotostudio.net\/wp-json\/wp\/v2\/pages\/20411\/revisions\/44705"}],"wp:attachment":[{"href":"https:\/\/www.prophotostudio.net\/wp-json\/wp\/v2\/media?parent=20411"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}