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NS Action Photography – Terms of Service

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These Terms of Service (“Agreement”) govern photography services provided by NS Action Photography (“Photographer”) to the client(“Client”). By booking photography services, the Client agrees to the following terms and conditions.

1. Services

NS Action Photography agrees to provide photography services as outlined in the agreed proposal, invoice, estimate, booking confirmation, or contract.

Services may include,but are not limited to:

·      Sports and action photography

·      Event photography

·      Real estate photography

·      Commercial photography

·      Portrait photography

·      Drone photography (where permitted by law)

2. Booking and Payment

A booking is not confirmed until payment of any required deposit and acceptance of these terms.

·      Deposits are non-refundable unless otherwise stated in writing.

·      Remaining balances are due on or before the scheduled service date unless alternative arrangements have been made.

·      Late payments may incur a fee of 1.5% per month or the maximum rate permitted by law.

NSAction Photography reserves the right to withhold delivery of images until all balances are paid in full.

3. Cancellation and Rescheduling

Client Cancellation

·      Cancellations made more than 12 hours before the scheduled session may be eligible for a credit toward a future session.

·      Deposits are generally non-refundable.

·      Cancellations within 12 hours of the scheduled session may result in forfeiture of all payments made.

Weather and Photographer Cancellation

NS ActionPhotography reserves the right to reschedule sessions due to unsafe weather conditions, equipment failure, illness, emergencies, or circumstances beyond reasonable control.

If the Photographer cancels and cannot reschedule, the Client will receive a refund of payments made.

4. Image Delivery

·      Final edited images will be delivered electronically unless otherwise agreed.

·      Delivery timelines are estimates and may vary based on project size and workload.

·      RAW or unedited files are not included unless specifically stated in writing.

5. Artistic Style

The Client acknowledges that they have reviewed the Photographer’s portfolio and understand the Photographer’s artistic style.

Editing decisions, composition, color grading, cropping, and image selection are at the sole discretion of NS Action Photography.

6. Client Responsibilities

The Client is responsible for:

·      Obtaining permission to photograph at the chosen location.

·      Ensuring participants arrive on time.

·      Providing accurate information regarding schedules and access requirements.

·      Securing any necessary property releases or event permissions.

Delays caused by the Client may reduce available shooting time without refund.

7. Copyright and Ownership

All photographs remain the exclusive intellectual property of NS Action Photography under United States copyright law.

The Client receives a non-exclusive license to use delivered images for the purposes specified in the booking agreement.

The Client may not:

·      Sell images to third parties.

·      Alter images substantially without written permission.

·      Remove watermarks when present.

·      Claim authorship of the photographs.

Commercial use requires written authorization unless specifically included in the service agreement.

8. Real Estate Photography Usage

For real estate photography:

·      Image licenses are granted solely for marketing the specific property photographed.

·      Licenses expire upon sale, lease, or withdrawal of the property listing.

·      Images may not be reused for future listings, marketing campaigns, or by other agents without written permission.

9. Drone Photography

Where drone services are provided:

·      Operations will comply with all applicable FAA regulations.

·      Flights may be canceled due to weather, airspace restrictions, safety concerns, or regulatory requirements.

·      No refund will be provided for portions of the service that cannot legally or safely be completed by a drone.

10. Limitation of Liability

NSAction Photography shall not be liable for:

·      Missed photographs due to schedule changes or lack of cooperation.

·      Technical failures beyond reasonable control.

·      Weather conditions.

·      Acts of third parties.

·      Losses exceeding the amount paid by the Client.

In the unlikely event that photographs are lost, damaged, or unavailable due to equipment malfunction, liability shall be limited to a refund of amounts paid.

11. Model Release

Unless otherwise agreed in writing, the Client grants NS Action Photography permission to use photographs for:

·      Portfolio display

·      Website galleries

·      Social media marketing

·      Advertising and promotional materials

Clients may request a privacy restriction in writing before the session.

12. Indemnification

The Client agrees to indemnify and hold harmless NS Action Photography from claims, damages, liabilities, costs, and expenses arising from the Client’s actions, event operations, location permissions, or misuse of delivered images.

13. Force Majeure

Neither party shall be liable for delays or failure to perform due to circumstances beyond reasonable control, including but not limited to natural disasters, government actions, severe weather, power outages, public health emergencies, or transportation disruptions.

14. Governing Law

This Agreement shall be governed by the laws of the State of Oklahoma.

Any disputesarising under this Agreement shall be resolved in the courts located within Oklahoma.

15. Acceptance

By bookingservices, signing a proposal, paying a deposit, or accepting delivered images,the Client acknowledges acceptance of these Terms of Service.

NS ActionPhotography

Website:www.nsactionphotography.com

Email:norman@nsactionphotography.net

Phone: 918-906-9006

Effective Date:Immediately