TERMS OF SERVICE
By purchasing this session, the client acknowledges that they have received, read, and agreed to all terms indicated in this agreement below and agrees to relay the details of this contract to any and all subjects involved in the session.
SERVICE AGREEMENT AND LIABILITY
The client agrees that Nina Pomeroy (photographer) shall provide services to photograph to the best of her abilities in accordance with the portrait session selected. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretations by the photographer will be deemed acceptable and correct. Nina Pomeroy cannot be responsible for dissatisfaction due to circumstances beyond her control. In the event that photographic materials are damaged or lost through camera or computer malfunction the photographer liability will be limited to a retake of the session whenever possible or a refund of the cost of session fee if images cannot be retaken. If the session fee must be refunded, Nina Pomeroy Photography will have no further obligation to the client.
PAYMENT AND CANCELLATION POLICY
Session Fee is due at time of booking and is non-refundable but may be applied to a new session within 6 months should the need arise to reschedule. If you booked a special event session, your session fee amount will be applied to a regularly priced session should e not have any future events scheduled. Sessions may not be cancelled for a refund once booked. If you need to reschedule, kindly allow 48 (or more) hours notice. Failure to provide 48 hour notice of the need to reschedule will forfeit your prepaid session fee.
COPYRIGHT AND REPRODUCTION
The client agrees that all copyrights and/or intellectual property rights for all photographs taken at the session shall be held exclusively by Nina Pomeroy Photography. The client will receive images via USB drive and online gallery, and may print at their discretion. The client may also post images online and to social media (i.e. Facebook, Instagram, etc.) but must note Nina Pomeroy Photography as the photographer and include a link to the website (www.ninapomeroy.com) where possible. The client is encouraged to back up their images upon receiving them. The client may not sell, distribute or take credit for any of the photos taken by Nina Pomeroy Photography.
The client understands that Nina Pomeroy Photography will not be held responsible for any injuries, illnesses, etc. that may or may not derive from this session. Nina Pomeroy Photography’s style involves outdoor sessions that may or may not be in rugged areas (that may include tall grass, insects, snakes, etc.) as well as urban areas. Any injuries, robberies, vehicle impoundment or towing, etc. that occur during or after the session will not be the liability or responsibility of Nina Pomeroy Photography. If at any time, you are uncomfortable and wish to terminate that segment of the session, please communicate such to your photographer.
The client grants that Nina Pomeroy Photography may use any images taken at the session for the promotion of it’s business and services. Including but not limited to: website, blog, internal and external promotional material, and product demos. If additional makeup artists are part of your package, you also give them the same rights for their promotional usage.
LOCATION PORTRAIT SESSION DETAILS AND TERMS
All sessions will be set up at a pre-arranged location. If travel charges are to be incurred, you will be notified when booking your session what those fees are. Nina Pomeroy Photography may end the session at their discretion according to our determination of having captured adequate images both in terms of quality and quantity. If the session is ended prior to the maximum amount of time, there will be no refund or credit for unused time.
You are not limited on the number of outfit changes, however, it is time-dependent on the type of session you have booked. These sessions are booked on a time basis, so photographs taken will be limited on the amount of time it takes to organize the subjects. Although I strive to give the maximum amount of photos, the sessions are relaxed and not rushed.
For the session, you may choose or have Nina choose 1 location in the San Ramon area. No additional time will be allotted for travel. The session time runs consecutively from time it starts until the amount of time purchased is up. If additonal hours are required or requested for your portrait session, they will be billed at $275 per hour. Other locations outside of the studio zip code carry a travel fee that can vary in cost.
All ordered images will be archived for 60 days. All unordered images are purged. Orders not received 60 days from session date will incur a $250 archival fee to store your images for another 30 days. We are not responsible for unordered images beyond 90 days from session date.
The client agrees and understands that the type of work presented will be of similar style and caliber to the images shown on my website. The client agrees to allow Nina Pomeroy Photography full creative control over the session as well as the suggestion of any locations or poses.
ORDERING POLICIES + RETOUCHING
The client will view a pre-determined number of images depending on the session package purchased. You will have access to a complimentary 4-day on-line gallery to view your portraits and make your selections. You will be required to supply a date of when you will have a clear schedule to view this on-line gallery. By ordering prints you accept that the prints will look like the images you viewed online. Late orders will be subject to a service fee and any credits will be forfeited. Due to the nature of our products, all sales are final at the time of payment. Changes to any orders are subject to a 50% total order change fee.
Nina Pomeroy Photography maintains a natural form of editing of the images. This includes first level editing and is in the form of basic color corrections, contrast enhancements, selective area adjustments, artistic enhancements, and basic retouching. Nina Pomeroy Photography is granted total artistic control over the final image and the client understands that these are the steps we will take when referring to editing and/or retouching. If additional editing is requested after the images are delivered, that editing will be billed at $175 per hour.
By completing the booking form and submitting payment at the time of the session, the client acknowledges that they have received, read, and agreed to all terms of copyright in this agreement and agrees to relay the details of this contract to any and all subjects involved in the session.