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TERMS OF SERVICE

 

TERMS OF SERVICE

Effective date: October16, 2025
Entity: Nadia Chapman Photography LLC, doing business as Nadia Chapman Photography, The Headshot Photographer, and The Maternal Studio (collectively, “NCP,” “we,” “us,” or “our”).
Legal notice: These Terms of Service (“Terms”) are a legally binding agreement between you and NCP. By booking a session, purchasing products, accessing our website(s), client portal(s), or receiving any services, you (“you” or the “Client”) agree to these Terms.

Plain‑English summary (not a substitute for the Terms): You’re hiring a professional studio with creative discretion. You’ll pay a deposit to reserve time. Reschedules/cancellations have fees. We edit in our style and deliver on stated timelines. You receive a license to use the images as described (personal or commercial, depending on your session type). Our liability is limited to what you paid. Please read all details below.

1) Scope & Definitions

  • Services include photography, retouching, consulting, image curation, design, printing, framing, albums, digital delivery, licensing, and related studio offerings.

  • Session Agreement / Proposal / Invoice means any session‑specific document that sets package details, fees, deliverables, usage license, and timing. It is incorporated into these Terms.

  • Client Portal includes any online gallery, proofing, download, or ordering system we provide.

  • Work Product means all photographs, video, edits, designs, layouts, and related materials we create.

If these Terms conflict with a signed Session Agreement, the Session Agreement controls for that session.

2) Booking, Deposit, & Payment

  1. Deposit (non‑refundable): A deposit (amount specified at booking) is required to reserve dates, studio time, and production resources. Dates are not held without payment.

  2. Fees & Balance: Remaining fees are due on the schedule in your invoice or Session Agreement. Unpaid balances may delay services, delivery, or licensing.

  3. Payment Methods: We accept the payment methods stated on our invoice or checkout. You authorize us to charge the card/account on file for agreed fees, reschedule/cancellation fees, add‑ons, and approved orders.

  4. Late/Collection: Overdue amounts may accrue a late fee (e.g., 1.5% per month or the maximum allowed by law) and reasonable collection costs, including attorneys’ fees.

  5. Taxes: Prices exclude applicable sales/use taxes, shipping, and third‑party fees unless stated otherwise. You are responsible for such amounts.

3) Rescheduling, Cancellations, & No‑Shows

  1. Client Reschedule: With ≥ 7 days’ notice, we’ll move your session once without additional charge (subject to availability). <7 days’ notice may incur a reschedule fee up to the deposit or as listed in your Session Agreement.

  2. Client Cancellation: Your deposit is non‑refundable. If you cancel after additional payments, refunds (if any) follow your Session Agreement.

  3. Studio Reschedule: We may reschedule for illness, unsafe conditions, or events beyond our control (see Force Majeure). We will offer the earliest practical alternative.

  4. Late Arrival: Time lost due to late arrival may reduce shooting time. Extended time is not guaranteed and may incur additional fees.

  5. No‑Show: Failure to appear or respond at the session start may be treated as a cancellation with forfeiture of the deposit and session fees.

4) Creative Control & On‑Set Conduct

  1. Artistic Style: You hire us for our aesthetic and expertise. We retain full creative discretion over styling, direction, posing, lighting, culling, and editing.

  2. Shot List: We welcome inspiration but do not guarantee specific images, poses, or outcomes.

  3. Assistants & Crew: We may use assistants, retouchers, stylists, or subcontractors.

  4. Client Conduct & Safety: You and your guests must act respectfully and follow crew directions. We may stop any activity we deem unsafe, harassing, or unlawful. Pets and minors must be supervised.

5) Editing, Retouching, & Deliverables

  1. Culling & Proofs: We curate the best images. RAW files are not provided. Proofs are unretouched unless stated.  Images purchased from The Headshot Photographer are retouched following purchase.  Images for The Maternal are selected for purchase after retouching.

  2. Retouching: Standard retouching covers color, exposure, cropping, and minor skin cleanup.

  3. Turnaround: Typical preview/proof timelines and final delivery timeframes will be listed in your Session Agreement

  4. Color & Calibration: Final color may vary across screens and prints due to device and substrate differences. Such variance is not a defect.

6) Online Galleries, Downloads, & Orders

  1. Access: Client Portal access is provided with your image purchase.  Future access is not guaranteed, so image download is recommended.

  2. Downloads: Keep backup copies of your downloads. We do not guarantee archive availability.

  3. Prints/Products: We recommend ordering through our calibrated partner labs. Third‑party lab results can vary and are not warranted.

  4. Shipping & Risk of Loss: Title and risk pass at shipment. Inspect products promptly and report issues within 7 days of delivery.

7) Intellectual Property & Licenses

  1. Ownership: NCP owns all copyrights in the Work Product. No transfer of copyright is implied unless explicitly stated in a separate signed document.

  2. Client License: Upon full payment, you receive the license specified in your image download.

  3. Credit: For online use, reasonable photographer credit (e.g., “Photo: @theheadshotphotographerusa”) is appreciated and may be required for editorial placements.

  4. Third‑Party Rights: You are responsible for obtaining any necessary releases/permissions for locations, trademarks, or third‑party IP you request we photograph.

  5. AI & Manipulation: You may not use images to train AI models. Do not materially alter our Work Product with generative tools without our written consent.

8) Model Releases & Privacy

  1. Model Release (Optional/Session‑Specific): Your Session Agreement may request permission to display images in our portfolio, website, social media, or studio marketing. You may opt out where offered; opting out may limit certain promotional pricing or bonuses.

  2. Minors: A parent or legal guardian must sign for minors and be present or immediately available.

  3. Privacy: We handle personal information per our Privacy Notice (linked on our website). Do not share your Client Portal access with unauthorized persons.

9) Venues, Permits, Weather, & Force Majeure

  1. Permits & Fees: You are responsible for venue access, permits, and location fees unless agreed otherwise. Time spent resolving access issues counts toward session time.

  2. Weather: For outdoor sessions, we may mutually reschedule due to inclement weather or unsafe conditions.

  3. Force Majeure: Neither party is liable for delays or nonperformance due to causes beyond reasonable control (e.g., severe weather, illness, utility outages, strikes, government actions, epidemics). Payments already made are applied to a rescheduled date; refunds are not guaranteed.

10) Warranties, Re‑Shoots, & Remedies

  1. Warranties: We warrant that we will perform services in a professional manner consistent with industry standards. Except as expressly stated, services and Work Product are provided “as is.”

  2. Re‑Shoots: If we materially fail to perform (and you notify us in writing within 7 days of delivery), we may, at our descretion, re‑shoot or refund fees for the affected portion as your exclusive remedy.

  3. Limitation of Liability: To the maximum extent permitted by law, our total liability for any claim is limited to the fees paid to us for the specific session giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages.

11) Indemnification

You agree to indemnify and hold us harmless from claims, damages, or expenses (including reasonable attorneys’ fees) arising out of (a) your breach of these Terms or the Session Agreement; (b) your misuse of Work Product; (c) your failure to obtain necessary permissions; or (d) your conduct at the session.

12) Website, Client Portal & Acceptable Use

  1. Accounts & Security: You’re responsible for safeguarding login credentials and for activities under your account.

  2. Acceptable Use: Do not upload unlawful, infringing, harassing, or harmful content. Do not attempt to bypass security, scrape, or disrupt our services.

  3. Third‑Party Services: Our portals may integrate third‑party vendors (e.g., payment processors, labs). Their terms and privacy policies apply to their services.

  4. Termination/Suspension: We may suspend or terminate access for suspected violations or non‑payment.

13) E‑Commerce Terms (Prints, Frames, Albums, Gift Cards)

  1. Orders: All orders are subject to acceptance and availability. Custom products (frames, albums, retouching) are final sale once approved.

  2. Color/Material Variance: Minor variations are normal and not defects.

  3. Defects/Damage: Report manufacturing defects or shipping damage with photos within 7 days; we will repair or replace at our discretion.

  4. Gift Cards/Credits: Non‑refundable, not redeemable for cash, and subject to stated expiration and program terms.

14) Communications & Marketing

By providing your email or phone, you consent to receive transactional messages (e.g., confirmations, reminders) and, where permitted, occasional marketing communications. You may opt out of marketing at any time. Messaging/data rates may apply for SMS.

15) Dispute Resolution, Governing Law, & Venue

  1. Good‑Faith Resolution: If a dispute arises, the parties will first confer in good faith to resolve it within 30 days.

  2. Mediation/Arbitration: Unresolved disputes shall be submitted to mediation, and if not resolved, to binding arbitration on an individual basis under the rules of JAMS or AAA.

  3. Governing Law & Venue: These Terms are governed by the laws of the State of Washington, without regard to conflicts of laws. Venue for mediation/arbitration is Clark County, Washington. Class actions and jury trials are waived to the extent permitted by law.

16) Miscellaneous

  1. Entire Agreement: These Terms plus your Session Agreement and invoice constitute the entire agreement.

  2. Amendments: We may update these Terms from time to time. The version in effect at booking applies unless a later version is agreed in writing. Updated Terms will be posted on our site with a new effective date.

  3. Severability: If any provision is unenforceable, the remainder remains in effect.

  4. Assignment: You may not assign these Terms without our consent. We may assign to a successor or affiliate.

  5. Notices: Send legal notices to: Nadia Chapman Photography LLC, 107 E 7th St, Suite A, Vancouver, WA 98660, USA, or to admin@nadiachapman.com.

 

17) Contact

Questions about these Terms?
Email: admin@nadiachapman.com
Phone: +1 (503) 917‑3777
Studio: 107 E 7th St, Suite A, Vancouver, WA 98660, USA