VALENTINA PORTRAITURE PROJECT SESSION TERMS & CONDITIONS

Terms and Conditions:

1. Session Retainer and Session Booking:

A $150 refundable retainer is required to secure your project portrait session for the agreed upon date and time. This retainer will be applied as a credit toward your portrait purchase. If you attend both the Project Portrait Session and the Ordering Appointment and choose not to apply your retainer toward the purchase of any portraits, your entire $150 retainer will be refunded to your original method of payment within 10 business days.

2. Session Cancellation Policy:

Clients may cancel their session and receive a full refund of any payments made if cancellation occurs within 72 hours of paying the retainer. Cancellations made after this period will result in the forfeiture of the retainer.

3. Session Rescheduling Policy:

a. First Reschedule Request:
Clients are allowed a one-time reschedule, subject to the following conditions:

1. Requests made at least 14 days prior to the session will be accommodated based on availability, with no additional charge.
2. Requests made within 14-7 business days of the session will incur a $100 non-refundable reschedule fee, which will be credited towards your portrait purchase. The credit is valid for 7 calendar days after your session.
3. Requests within 7 business days of the session will incur a $300 reschedule fee, and within 2 business days, a $500 fee that is non-refundable which will be credited towards your portrait purchase. The credit is valid for 7 calendar days after your session.

b. Second Reschedule Request:
A second reschedule request made within 14 business days of the session will be subject to double the reschedule fees, as outlined above. This means:

1. Within 14-7 business days, a $200 non-refundable reschedule fee will be required.
2. Within 7 business days, a $600 non-refundable reschedule fee will be required.
3. Within 2 business days, a $1000 non-refundable reschedule fee will be required.
4. These fee are non-refundable and will be credited towards your portrait purchase. The credit is valid for 7 calendar days after your session.

Please note, rescheduling is subject to availability and the studio’s discretion. We strive to accommodate our clients’ needs while managing our schedule efficiently to serve everyone better.

4. No-Show Policy:

Failure to attend your session or Ordering Appointment will result in the forfeiture of your $150 retainer. If the client is more than 20 minutes late for the session or Ordering Appointment, it will be considered a no-show and the appointment will be cancelled with no retainer or credit refund.

5. Ordering Appointment:

In addition to the $150 credit from the session retainer payment, Clients will receive a $100 credit towards the purchase of portraits from their session, valid until the end of their Ordering Appointment. The Ordering Appointment must occur within 7 calendar days of the session. Unused credits expire after the Ordering Appointment and cannot be combined with other offers, transferred, or used towards any other session or project.

6. Ordering Appointment Rescheduling Policy:

To ensure a smooth and efficient ordering process for our portraits, Melody Yazdani Studios has established the following policy for rescheduling Ordering Appointments:

a. Rescheduling Timeframe and Fee: Ordering Appointments may be rescheduled as needed. However, a $75 reschedule fee will apply for appointments rescheduled within 48 hours of the originally scheduled appointment time. This fee is necessary to accommodate the scheduling adjustments and preparation work involved in setting up your personalized ordering session.

b. Notification: To reschedule your Ordering Appointment, please contact us at least 48 hours in advance to avoid the reschedule fee. We understand that unforeseen circumstances can arise, and we will do our best to accommodate your needs within our studio’s scheduling capabilities.

c. Image Retention Policy: Please be advised that Melody Yazdani Studios retains the images from your session for seven days following the session date. While we will make every effort to accommodate rescheduling requests, our ability to do so is constrained by this image retention period. We encourage our clients to adhere to their scheduled Ordering Appointments whenever possible to ensure access to the full range of images from their session.

7. Portrait Session Details:

The session includes up to 3 outfit changes within the allotted 45 minutes. Time spent changing outfits is included in the session duration. Additional terms prohibit the use of cameras, including phone cameras, in the studio. Violation will result in immediate session cancellation.

8. Product Orders and Refunds:

All orders placed during the Ordering Appointment are final and non-refundable. The studio reserves the right to retain portraits for 7 calendar days post-session, after which unselected portraits may be purged.

9. Studio Policies:

a. Client Cooperation: Clients are expected to arrive on time and prepared for their session. Cooperation with studio policies ensures a smooth and enjoyable experience for all parties involved.

b. Privacy and Respect: We maintain a respectful environment and expect the same in return. Disruptive or disrespectful behavior may lead to session termination without a refund.

c. Intellectual Property: All images and portraits produced by Valentina Portraiture are the intellectual property of the studio and may not be reproduced, sold, or distributed without explicit written consent from the studio.

10. Copyright Ownership and License for Use:

a. Copyright Ownership: All photographs, digital images, and related materials created by Valentina Portraiture during your session, and the copyrights therein, remain the property of Valentina Portraiture. We retain all rights to the images and photographs produced.

b. License for Personal Use: Upon purchase, Valentina Portraiture grants the client a non-exclusive, non-transferable license for personal use only. This license allows the client to display the purchased photographs in their personal space, such as homes or personal digital devices, and to share them with friends and family. This license does not permit commercial use of any kind, including but not limited to advertising, reselling, reproduction, or alteration of the photographs.

11. Digital Millennium Copyright Act (DMCA) Compliance:

a. Copyright Infringement: Valentina Portraiture respects the intellectual property rights of others and expects its clients to do the same. It is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

b. Recourse for Infringement: If we discover that a client has copied, distributed, displayed, or otherwise infringed upon the copyright of any digital images or content provided by Valentina Portraiture without proper authorization, we reserve the right to take necessary legal action. This may include, but is not limited to, filing a DMCA complaint with the client’s internet service provider, initiating legal proceedings to seek damages and injunctions, and any other recourse available under federal and state laws.

12. Limitation of Liability:

Valentina Portraiture and its representatives will not be held liable for any claims, legal or otherwise, that arise out of the use of our services or the products provided. This includes, but is not limited to, any unforeseen damage or loss that may occur to the photographs or digital images after delivery.

13. Dispute Resolution:

a. In the unlikely event of a failure to deliver the agreed-upon services due to unforeseen circumstances, the liability of Valentina Portraiture will be limited to the refund of all payments received from the client. Valentina Portraiture will not be liable for amounts in excess of the total cost of the client’s session.

b. Governing Law: These terms and conditions and any disputes arising out of or related to the services provided by Valentina Portraiture shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

c. Resolution Process: In the event of a dispute, the parties agree to first attempt to resolve the matter through good faith negotiation. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to mediation in Texas, with costs to be shared equally between the parties.

d. Binding Arbitration: Should mediation fail to resolve the dispute, the parties agree that the dispute shall be resolved by binding arbitration in Texas, in accordance with the rules of the American Arbitration Association. The arbitrator’s decision shall be final and binding on both parties, and the award may be entered as a judgment in any court of competent jurisdiction.

e. Limitation on Claims: Any claim or cause of action you may have with respect to Valentina Portraiture must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes or law to the contrary.

14. Severability:

If any provision of these terms and conditions is found to be invalid, illegal, or unenforceable, the remaining portions of these terms shall remain in full force and effect. The unenforceable provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this agreement shall continue in full force and effect.

15. Acknowledgment and Agreement:

By booking a session with Valentina Portraiture, clients acknowledge they have read, understood, and agree to be bound by these terms and conditions. Clients accept that these terms constitute a binding agreement between them and Melody Yazdani Studios, enforceable according to its terms.

Contact Information:

For questions or to discuss your session, please contact us:

Phone: (737)727-4069

Email: HELLO@VALENTINAPORTRAITURE.COM

Copyright 2024 Valentina Portraiture