Nicole Boterman Creative
Photography Terms and Conditions

By paying the deposit with Nicole Boterman, you agree to the following terms and conditions: 

Deposit
Client shall make a non-refundable deposit to Nicole Boterman to perform the services specified here in. Upon payment, Nicole Boterman will reserve the time and date agreed upon by both parties and will not book other sessions during this time.

Balance Paid Day of Session
The remaining balance is due the day of the session in the form of cash, check or credit card.

Travel/Entrance Fees
Client shall pay $0.70 per mile for travel 25 miles or more outside the zip code 55442. Client is also responsible for any entrance, parking, or photography fee at the clients chosen session location.

Cancellation
In the event Client cancels the session or fails to attend the session for any reason, the deposit will be forfeited. In the event of inclement weather, the session will be rescheduled.

Late Arrivals
Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session.

Cooperation
Client agrees to positive cooperation and communication for the best possible result during the session. Nicole Boterman is not responsible for any individuals’ failure to be present or to fully cooperate during the session, neither for missed images due to lack of cooperation.

Artistic Rights
Nicole Boterman retains the right of discretion in selecting and editing the photographs released to Client. All photographs will be edited for crop, exposure, and color corrections. Client will be charged $75/hour if additional edits are requested.

Image delivery
A digital gallery will be available through a gallery website or at an in-person ordering session within 3 weeks of the session date. The online gallery will remain open for 30 days from delivery. If Client requests to extend that time or reopen the gallery, a $20 un-archival fee will apply. Your purchase of the original files releases Nicole Boterman from any liability due to loss or damage of the images, and also from any obligation to maintain copies of any digital file, image, or photograph.

Copyright
Nicole Boterman owns the copyright to all images and has exclusive rights to use and publish images, including but not limited to, marketing materials, sample products, editorial submissions, display, advertisement, portfolio, blog, social media, and website. Duplication or alteration of original images is strictly prohibited without the written permission of Nicole Boterman.

Client’s Usage
Client may share blog posts and Facebook photos through the use of share functions and direct links. Client cannot copy, download, screen shot, or capture the photographs in any other way. The images that are being provided to you are licensed to you for any reasonable purposes, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: stock photography, print sale profits, or resale of any nature. A photo print release will be provided by Nicole Boterman upon request.

Failure to Perform
If Nicole Boterman is unable to complete this agreement due to illness, emergency, or causes beyond the control of the photographer, Nicole Boterman and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Nicole Boterman will return the retainer to Client and have no further liability. If Nicole Boterman is unable to deliver photographic materials due to technological malfunctions or lost or damaged equipment, liability shall be limited.

Photographer
Nicole Boterman reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of Nicole Boterman and does not constitute a breach of this agreement. Nicole Boterman warrants the substitute photographer to be of comparable quality and professionalism.

Indemnification
Nicole Boterman shall be held harmless for any and all injury to Client during the course of the photography session and the immediately surrounding events.