Terms of Service

Nic Havlovic Photography

Nebraska

Effective Date: October 5, 2026

By booking photography services with Nic Havlovic Photography (“Photographer,” “I,” “me,” or “my”), the individual booking the services (“Client”) acknowledges that they have read, understood, and agreed to the following Terms of Service.

1. BOOKING & AGREEMENT

A photography session is not considered officially booked until all required booking information has been submitted and any required retainer or payment has been received.

By completing a booking, submitting payment, or otherwise agreeing to photography services, the Client agrees to these Terms of Service and any additional terms provided with the specific session or service.

Dates and times are not guaranteed until the booking is confirmed.

2. PAYMENT

Pricing will be disclosed before booking or displayed with the applicable photography package.

Any required retainer or booking fee will be applied toward the total session price unless otherwise stated. Remaining balances must be paid according to the payment schedule provided at booking.

Nic Havlovic Photography reserves the right to withhold photography services, galleries, downloads, or final images until all outstanding balances have been paid.

Prices are subject to change; however, confirmed bookings will be honored at the price agreed upon at the time of booking unless the Client requests additional services.

3. CANCELLATIONS & RESCHEDULING

Clients should provide as much notice as reasonably possible when requesting cancellation or rescheduling.

Payments or retainers may be non-refundable when a time slot has been specifically reserved for the Client, except where otherwise required by law or expressly agreed to by Nic Havlovic Photography.

Rescheduling requests will be accommodated based on availability.

Repeated rescheduling, failure to communicate, or failure to appear for a scheduled session may result in cancellation of the booking and forfeiture of applicable booking fees or retainers.

4. WEATHER

Outdoor photography sessions are subject to weather conditions.

If weather conditions make a session unsafe or reasonably prevent the Photographer from producing quality images, Nic Havlovic Photography may recommend rescheduling.

Weather-related rescheduling initiated by the Photographer will not result in a rescheduling penalty.

Cloudy skies, wind, temperature, seasonal conditions, or other normal outdoor conditions do not automatically qualify a session for cancellation.

5. LATE ARRIVALS

Clients are responsible for arriving on time and prepared for their scheduled session.

Late arrival may reduce the amount of photography time available. Sessions may not be extended when another booking or commitment follows.

Significant lateness may be treated as a missed session when there is insufficient time remaining to reasonably complete the photography service.

6. CLIENT COOPERATION

The Client agrees to reasonably cooperate with the Photographer throughout the session.

Nic Havlovic Photography cannot guarantee specific poses, expressions, participation, or results involving circumstances outside the Photographer’s reasonable control, including the behavior or cooperation of children, pets, guests, spectators, athletes, or other individuals.

7. CREATIVE STYLE & EDITING

By booking Nic Havlovic Photography, the Client acknowledges that they have reviewed and accepted the Photographer’s general artistic and editing style.

Final image selection and artistic editing are at the Photographer’s discretion.

Editing may include adjustments to exposure, color, contrast, cropping, composition, and other artistic enhancements.

Nic Havlovic Photography does not guarantee extensive body modification, facial alteration, object removal, background replacement, or other advanced retouching unless specifically agreed upon.

Unedited or RAW image files are not included unless expressly agreed to in writing.

8. IMAGE QUANTITY

The number of delivered photographs may vary depending on the session, package, conditions, and number of usable images created.

Only images meeting the Photographer’s artistic and technical standards will be delivered.

Not every photograph taken during a session will be provided to the Client.

9. DELIVERY & TURNAROUND TIME

Estimated turnaround times will be communicated with the Client or displayed with the applicable service.

Turnaround times are estimates unless a specific guaranteed delivery date is agreed upon in writing.

Unexpected circumstances may occasionally affect delivery time. Nic Havlovic Photography will make reasonable efforts to communicate significant delays.

10. DIGITAL GALLERIES

Images may be delivered through an online gallery or other digital delivery method.

Clients are responsible for downloading and securely backing up their purchased images.

Online galleries may not remain available indefinitely. Nic Havlovic Photography does not guarantee permanent storage or indefinite replacement of delivered photographs.

11. COPYRIGHT

Unless otherwise expressly transferred in writing, Nic Havlovic Photography retains copyright ownership of photographs created by the Photographer to the extent provided by applicable copyright law.

Purchasing photography services or receiving digital images does not automatically transfer copyright ownership to the Client.

12. PERSONAL-USE DIGITAL IMAGE LICENSE

Unless otherwise stated, delivered digital photographs include a non-exclusive license for the Client’s personal use.

Personal use may include:

Printing photographs for personal display or gifts;

Sharing photographs with friends and family;

Posting photographs to the Client’s personal social-media accounts; and

Using photographs for personal announcements, cards, or similar noncommercial purposes.

The Client may not sell the images, license them to another person or business, claim authorship, enter them into commercial use, or use them to advertise or promote a business without permission from Nic Havlovic Photography.

Commercial licensing may be available separately.

13. IMAGE ALTERATION

Clients are asked not to substantially alter delivered images in a way that misrepresents the Photographer’s work.

This includes applying heavy filters, substantially changing colors, removing watermarks when a watermark is intentionally provided, or otherwise presenting a significantly altered photograph as the Photographer’s original work.

Normal social-media cropping or resizing is permitted.

14. PRINTING

When digital images include printing rights, Clients may obtain prints through a printing provider of their choice unless otherwise stated.

Nic Havlovic Photography cannot guarantee the color, quality, cropping, resolution, or appearance of prints produced by third-party labs.

15. SOCIAL MEDIA & CREDIT

Clients may share appropriately licensed photographs on social media.

Credit to Nic Havlovic Photography is appreciated when practical.

Images may not be presented in a manner that falsely suggests another photographer created them.

16. MODEL RELEASE & PORTFOLIO USE

Client privacy is respected.

Nic Havlovic Photography will obtain permission as appropriate before using identifiable Client photographs for advertising, portfolio displays, social media, websites, promotional materials, competitions, or other public business purposes when a separate model release or consent is required or provided.

A Client may decline optional promotional use without affecting the photography services they purchase.

17. MINORS

A parent or legal guardian must book or authorize photography services involving a minor when legally required.

The individual completing the booking represents that they have the authority to authorize the photography of any minor for whom they are providing consent.

18. SPORTS, EVENTS & PUBLIC SETTINGS

For sporting events, military events, public events, or other activities outside the Photographer’s control, Nic Havlovic Photography cannot guarantee access to specific locations, individuals, moments, poses, or viewpoints.

The Photographer will comply with reasonable venue, organization, safety, and access restrictions.

19. TRAVEL

Travel within the Photographer’s normal service area may be included in the advertised session price.

Sessions requiring additional travel may be subject to a travel fee. Any applicable travel fee will be disclosed before the booking is finalized whenever reasonably possible.

Additional costs associated with special locations, admission, permits, parking, lodging, or similar expenses may be charged to the Client when agreed upon in advance.

20. LOCATION PERMISSIONS

The Client is responsible for notifying the Photographer of any known restrictions associated with a requested private location.

When photography permits, entrance fees, or property-owner permission are required, responsibility for those costs or permissions will be determined before the session.

Nic Havlovic Photography may refuse to photograph in locations where photography is prohibited, unsafe, or reasonably believed to be unlawful.

21. SAFETY

Nic Havlovic Photography reserves the right to stop, relocate, postpone, or cancel a session if conditions become unsafe for the Photographer, Client, participants, equipment, or others.

Clients are responsible for supervising children and animals participating in their session.

22. EQUIPMENT FAILURE, ILLNESS & UNFORESEEN EVENTS

If Nic Havlovic Photography is unable to perform photography services because of serious illness, emergency, equipment failure, severe weather, accident, or another circumstance beyond reasonable control, reasonable efforts will be made to reschedule the session.

If the Photographer cannot provide the contracted service and rescheduling is not reasonably possible, amounts paid for services that were not provided will be refunded as appropriate.

23. LOSS OR CORRUPTION OF IMAGES

Nic Havlovic Photography takes reasonable precautions to protect image files.

In the unlikely event photographs are lost, destroyed, or corrupted before delivery because of circumstances beyond reasonable control, liability will be limited to remedies permitted under applicable law and the terms of the applicable booking agreement.

Nothing in these Terms is intended to waive rights or remedies that cannot legally be waived.

24. REFUNDS

Because photography involves reserving time and providing personalized creative services, completed photography services and delivered digital products are generally non-refundable.

If Nic Havlovic Photography is unable to provide a paid service and cannot reasonably reschedule it, the Client may be entitled to a refund for the portion of services not provided.

Nothing in this policy limits any refund rights required by applicable law.

25. PERSONAL PROPERTY & INJURY

Clients remain responsible for their personal belongings during photography sessions.

Nic Havlovic Photography is not responsible for ordinary loss or damage to personal property caused by circumstances outside the Photographer’s reasonable control.

Nothing in these Terms excludes liability that cannot legally be limited or excluded.

26. HARASSMENT & INAPPROPRIATE CONDUCT

Nic Havlovic Photography reserves the right to immediately end a session because of threatening, abusive, discriminatory, sexually inappropriate, dangerous, or otherwise unacceptable behavior directed toward the Photographer or others.

Refund eligibility in such circumstances will depend on the circumstances and applicable law.

27. COMMUNICATION

Clients are responsible for providing accurate contact information and reviewing communications relating to their booking.

Important information concerning locations, scheduling, weather, payment, and gallery delivery may be communicated electronically.

28. FORCE MAJEURE

Neither party will be responsible for a failure to perform an obligation when performance is prevented by extraordinary circumstances beyond that party’s reasonable control, subject to applicable law.

Examples may include severe weather, natural disasters, government restrictions, widespread service interruptions, emergencies, or other comparable events.

29. GOVERNING LAW

These Terms of Service will be governed by the laws of the State of Nebraska, without regard to conflict-of-law principles, except where applicable law requires otherwise.

30. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

31. CHANGES TO TERMS

Nic Havlovic Photography may update these Terms of Service periodically.

The version applicable to a Client’s booking will generally be the version presented or agreed to when the booking was made unless the parties agree otherwise or a change is required by law.

32. CLIENT ACKNOWLEDGMENT

By booking services, making a required payment, or electronically accepting these Terms, the Client acknowledges that they have had an opportunity to review these Terms of Service and agree to be bound by them.

Nic Havlovic Photography

Nebraska