Welcome to the Jess Nicole Creative website.
These Terms & Conditions govern your use of this website and any information, materials, forms, galleries, images, or other content made available through it.
By accessing or using this website, you agree to these Terms & Conditions.
If you do not agree with these terms, please do not use the website.
1. About Jess Nicole Creative
Jess Nicole Creative provides professional photography services, which may include services such as:
- Weddings and elopements
- Engagements and proposals
- Maternity and newborn photography
- Family and lifestyle photography
- Branding and creative portraits
- Boudoir photography
- Other photography or creative services
Services, availability, pricing, deliverables, and booking requirements may change from time to time.
2. Website Information
Jess Nicole Creative makes reasonable efforts to keep the information on this website accurate and current.
However, website content is provided for general informational purposes and may be updated, modified, or removed without notice.
Information shown on the website does not create a binding photography agreement unless specifically incorporated into a signed agreement between Jess Nicole Creative and the client.
3. Photography Inquiries
Submitting an inquiry form does not reserve a date or create a binding photography agreement.
A photography date or session is not considered booked unless all requirements established by Jess Nicole Creative have been completed.
These requirements may include:
- Signing a photography agreement
- Paying a retainer, deposit, or booking fee
- Completing required questionnaires or forms
- Receiving confirmation from Jess Nicole Creative
Availability may change until the booking process has been completed.
4. Photography Agreements
Photography services may be governed by a separate written contract or service agreement.
That agreement may address matters including:
- Pricing
- Retainers and payment schedules
- Cancellations
- Rescheduling
- Weather
- Travel
- Session duration
- Image delivery
- Editing
- Copyright
- Print rights
- Model releases
- Portfolio usage
- Client responsibilities
- Photographer responsibilities
- Force majeure
- Liability
If there is a conflict between these website Terms & Conditions and a signed photography agreement, the signed photography agreement will control with respect to the photography services covered by that agreement.
5. Pricing and Availability
Prices displayed on the website are subject to change unless otherwise stated in a signed agreement.
Quotes may be valid only for a specified period.
Photography availability is not guaranteed until a booking has been confirmed according to Jess Nicole Creative's booking requirements.
6. Retainers, Payments, Cancellations, and Rescheduling
Specific payment, retainer, cancellation, refund, and rescheduling policies will be provided as part of the applicable photography agreement or booking process.
Unless otherwise stated in writing, information on this website should not be interpreted as guaranteeing a refund, cancellation right, or ability to reschedule.
Clients should review their photography agreement carefully before booking.
7. Artistic Style and Creative Discretion
Photography is a creative service.
By hiring Jess Nicole Creative, clients acknowledge that they are familiar with the photographer's portfolio, editing style, artistic approach, composition, use of light, posing, color treatment, and overall creative aesthetic.
Final photographs will reflect the photographer's professional judgment and artistic style.
Individual images, poses, backgrounds, lighting conditions, expressions, weather conditions, or specific photographic results cannot be guaranteed unless expressly agreed to in writing.
8. Image Selection and Editing
Unless otherwise provided in a photography agreement, Jess Nicole Creative maintains professional discretion regarding:
- Which photographs are selected for delivery
- Editing style
- Color correction
- Cropping
- Retouching
- Image sequencing
- Black-and-white conversions
- Creative adjustments
Unedited or RAW image files are not automatically included with photography services unless specifically agreed to in writing.
9. Copyright and Intellectual Property
Unless otherwise agreed in writing, photographs created by Jess Nicole Creative are protected by applicable copyright law and remain the intellectual property of the photographer.
Clients may receive certain personal-use, printing, downloading, or sharing rights as described in their photography agreement.
Purchasing photography services does not automatically transfer copyright ownership.
Clients may not sell, commercially license, materially alter, reproduce for commercial purposes, or claim authorship of Jess Nicole Creative photographs unless specifically authorized in writing.
10. Website Content and Intellectual Property
The content of this website, including photographs, text, branding, logos, graphics, layouts, and other creative materials, is owned by or licensed to Jess Nicole Creative unless otherwise stated.
You may not copy, reproduce, republish, distribute, sell, modify, or use website content for commercial purposes without prior written permission.
You may share publicly available website links for personal and informational purposes.
11. Client and Portfolio Images
Photographs displayed on this website may feature past clients, models, weddings, events, families, businesses, or other subjects.
These images may not be copied, downloaded, altered, used in advertising, republished, or used by third parties without appropriate permission.
Permission for Jess Nicole Creative to use client images in a portfolio, website, social media, advertising, publications, or promotional materials will be governed by the applicable client agreement or model release.
12. Testimonials
Testimonials, reviews, or client experiences displayed on this website represent the experiences and opinions of individual clients.
Results and experiences may vary.
Jess Nicole Creative does not guarantee that every client will have identical outcomes or experiences.
13. Third-Party Links and Services
This website may contain links to third-party websites or services, including:
- Social media platforms
- Online galleries
- Payment providers
- Scheduling services
- Wedding vendors
- Venues
- Printing services
- Other recommended businesses
Jess Nicole Creative is not responsible for the content, privacy policies, security, availability, products, services, or actions of third-party websites or businesses.
Any interaction with a third party is between you and that third party.
14. Website Availability
Jess Nicole Creative does not guarantee that the website will always be available, uninterrupted, error-free, or free from technical problems.
We may modify, suspend, remove, or update portions of the website at any time.
15. Prohibited Use
You agree not to use this website to:
- Violate any law or regulation
- Attempt to gain unauthorized access to the website or related systems
- Introduce viruses, malware, or harmful code
- Interfere with website functionality
- Copy or misuse copyrighted photographs or content
- Submit false, misleading, fraudulent, abusive, or unlawful information
- Harass, threaten, impersonate, or harm another individual
- Use automated systems to scrape or improperly collect website content
16. Limitation of Liability
To the fullest extent permitted by applicable law, Jess Nicole Creative will not be liable for indirect, incidental, consequential, special, or similar damages arising solely from your use of, or inability to use, this website.
Photography service-related liability, if applicable, will be governed by the terms of the applicable photography agreement and applicable law.
Nothing in these Terms & Conditions is intended to exclude rights or protections that cannot legally be excluded.
17. Indemnification
To the extent permitted by applicable law, you agree to hold Jess Nicole Creative harmless from claims, damages, losses, or expenses arising from your unlawful misuse of this website, violation of these Terms & Conditions, or infringement of another person's rights.
18. Privacy
Your use of this website is also subject to the Jess Nicole Creative Privacy Policy.
Please review the Privacy Policy for information regarding the collection, use, and protection of personal information.
19. Governing Law
These Terms & Conditions will be governed by the laws of the State of Michigan, without regard to conflict-of-law principles.
Any dispute relating to these website Terms & Conditions will be handled in an appropriate court with jurisdiction in Kent County, Michigan, unless otherwise required by applicable law or agreed in writing.
Photography service agreements may contain their own dispute-resolution or governing-law provisions.
20. Changes to These Terms
Jess Nicole Creative may modify these Terms & Conditions from time to time.
Changes will become effective when the updated Terms are posted on this website.
The "Last Updated" date at the top of this page will reflect the most recent revision.
21. Contact
Questions regarding these Terms & Conditions may be directed to:
Jess Nicole Creative
Email: JessNicoleCreative@gmail.com
