Nest Atelier · Legal
Terms of Use & Service
Last updated May 2, 2026
These Terms of Use & Service ("Terms") apply both to your use of nestatelier.studio and to any photography services you book with Nest Atelier ("we," "us," or "our"). By using the site or booking a session, you agree to these Terms.
1. Use of this website
You may browse the site for personal, non-commercial purposes. All photographs displayed on the site are owned by Nest Atelier (or its photographers under work-for-hire) and are protected by copyright. Please do not download, republish, or train machine-learning models on our images without written permission.
2. Booking, deposits & payment
- A non-refundable retainer (deposit) is required to reserve your session date. The remaining balance is due on or before the session date.
- Specific deposit and balance amounts are stated on the booking confirmation email and supersede any figures you may see on the site.
- We accept the payment methods offered at checkout. Returned payments incur a fee equal to any cost passed through by our payment processor.
3. Rescheduling & cancellation
- Rescheduling. You may reschedule once, free of charge, with at least 72 hours' notice. The retainer carries over to the new date, which must fall within 90 days of the original session.
- Cancellation by you. Retainers are non-refundable. If you cancel within 72 hours of the session, the full session fee may be due.
- Cancellation by us. If we must cancel due to illness or emergency, we will offer the next available date or a full refund of any amounts paid.
4. Weather (outdoor sessions)
Outdoor sessions proceed in light overcast or light drizzle, which often produce our favorite light. If conditions threaten safety or equipment (heavy rain, wind, lightning, smoke, extreme heat), we will reschedule at no additional fee.
5. Image delivery
- A curated online gallery is typically delivered within four to six weeks of the session.
- Galleries remain available for at least 90 days; we recommend downloading your images promptly. Re-delivery after the gallery expires may incur an archive-retrieval fee.
- We do not deliver unedited (RAW) files.
6. Portrait usage rights
Nest Atelier retains copyright in all photographs. On final delivery you receive a non-exclusive, perpetual, worldwide, personal-use license to:
- print and display the images for personal and family use,
- share the images on personal social media (a credit such as "@nestatelier" is appreciated but not required), and
- send the images to family and friends.
Commercial use of any kind — including but not limited to advertising, sponsored posts, brand campaigns, stock libraries, paid licensing to third parties, or the training of artificial-intelligence models — requires a separate written license from Nest Atelier.
7. Model release
Unless you opt out at booking, you grant Nest Atelier a non-exclusive, royalty-free, perpetual right to use images from your session for our portfolio, website, social channels, marketing materials, and competition or editorial submissions. We will never use a recognizable image of a minor without parental consent. To opt out, simply tell us at booking and we will note it on your file.
8. Behavior on session
We reserve the right to end a session without refund if anyone present is abusive, threatening, or impaired in a way that compromises safety. Please arrive sober, on time, and ready to enjoy yourselves.
9. Limitation of liability
To the maximum extent permitted by law, Nest Atelier's aggregate liability for any claim arising out of a session, the website, or these Terms is limited to the total amount you paid us for the session in question. We are not liable for indirect, incidental, or consequential damages, including but not limited to lost profits, lost data, or emotional distress beyond the scope of California Civil Code § 3300.
10. Force majeure
Neither party is liable for failure to perform caused by events beyond reasonable control, including natural disasters, public-health emergencies, governmental orders, power or telecommunications outages, or strikes.
11. Governing law & venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Orange County, California, and the parties consent to personal jurisdiction there.
12. Changes to these terms
We may update these Terms from time to time. The "Last updated" date at the top of the page reflects the most recent revision. Material changes will be highlighted on the booking confirmation email for sessions booked after the change.
13. Contact
Questions about a booking or these Terms? Send us a note via the contact form on our homepage and we will get back to you.