Terms of service.

1. AGREEMENT These Terms of Service ("Agreement") constitute a legally binding contract between Nikki Evans Photography ("Photographer," "we," "us") and the Client ("you," "your") for photography services.

2. BOOKING & RETAINER

  • A non-refundable retainer and signed contract are required to secure your date

  • The remaining balance is due 14 days prior to the session/event date

  • Dates are reserved on a first-come, first-served basis

  • Your session date is not secured until both retainer payment and signed contract are received

3. CANCELLATION & RESCHEDULING

  • The retainer is non-refundable if you cancel for any reason

  • Rescheduling requests must be made at least 30 days prior to the original date

  • One complimentary reschedule is permitted, subject to availability

  • Additional rescheduling may incur a fee of $100

  • Weather-related rescheduling will be assessed on a case-by-case basis

4. DELIVERY OF IMAGES

  • Sneak peeks will be delivered within one week of the session

  • Final edited images will be delivered within 4-6 weeks

  • Images will be provided via an online gallery

  • Gallery access is available for 12 months from delivery date

  • Additional gallery time can be purchased if needed

5. COPYRIGHT & USAGE RIGHTS

  • All images remain the intellectual property of Nikki Evans Photography

  • A personal print release is provided for personal use

  • Commercial usage requires separate written agreement

  • Client may not edit, filter, or alter the delivered images

  • Photographer reserves the right to use images for portfolio, marketing, and promotional purposes

6. IMAGE DELIVERY & ARCHIVING

  • Images are delivered in high-resolution digital format

  • Raw/unedited files are not provided

  • Clients are responsible for backing up their images

  • We archive images for 12 months but cannot guarantee long-term storage

7. SESSION CONDUCT

  • Photographer reserves the right to terminate coverage if faced with inappropriate, hostile, or unsafe conditions

  • Client is responsible for securing necessary permits for shooting locations

  • Client will ensure all participants are punctual and cooperative

8. CREATIVE LICENSE

  • Photographer reserves creative control over shooting style, locations, and poses

  • Final edited images are at the artistic discretion of the photographer

  • Shot lists are welcomed but not guaranteed

9. EQUIPMENT FAILURE & PHOTOGRAPHER ILLNESS

  • In the event of equipment failure, reasonable steps will be taken to secure backup equipment

  • If photographer becomes ill, efforts will be made to secure a replacement photographer of similar style

  • If no replacement is available, liability is limited to refund of all payments made

10. PRICING & ADDITIONAL FEES

  • Travel fees apply for locations outside of Western Montana service area

  • Additional hours can be added at the rate specified in your contract

  • Rush processing, if available, incurs additional fees

  • Late payments incur a 5% fee per week overdue

11. CLIENT RESPONSIBILITY

  • Provide accurate event details and timeline

  • Secure necessary permits and permissions

  • Inform photographer of key shots/moments desired

  • Communicate any changes to the original plan promptly

12. LIMIT OF LIABILITY

  • Photographer's liability is limited to the return of all payments made

  • No liability for missed shots due to obstacles, guest interference, or circumstances beyond photographer's control

  • Not responsible for color variations between online previews and printed photos

13. MODEL RELEASE

  • Client grants permission to use images featuring them for marketing and portfolio purposes

  • Clients can opt-out of social media sharing in writing

14. FORCE MAJEURE

  • Neither party is liable for failure to perform due to circumstances beyond reasonable control

  • This includes but is not limited to: natural disasters, pandemic restrictions, government regulations

15. AMENDMENTS

  • These terms may be modified only by written agreement signed by both parties

  • Verbal agreements are not valid modifications