terms & Conditions


Services

Nine Pixels Studios & Nine Luxe Beauty shall provide Client with the service listed in the package selected by Client. Nine Pixels Studios & Nine Luxe Beauty will fulfill services included in the package, Client has the discretion to utilize all services or decline services included in the selected package. Nine Pixels Studios & Nine Luxe Beauty will not be required to fulfill any services declined by the Client in selected package or for agreed project.


Cost, Fees and Payment

Cost. The total cost ("Total Cost") for all Services is due in full by the day of the shoot. Client shall pay the Total Cost to Nine Pixels Studios & Nine Luxe Beauty as follows:

The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Provider for committing to provide the Services and turning down other potential projects/clients.

Additional fees may be applied, if Client include additional parties outside of the agreed specific number of individuals that included in the agreed project or package. Nine Pixels Studios & Nine Luxe Beauty are not responsible or required to render services to any party outside of the original agreement and or project.

Exclusivity

Exclusivity. Client understands and agrees that he or she has hired Nine Pixels Studios & Nine Luxe Beauty exclusive of any other service provider.

In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Nine Pixels Studios & Nine Luxe Beauty hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement, unless previously approved by Nine Pixels Studios & Nine Luxe Beauty in writing.

Intellectual Property

Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Nine Pixels Studios & Nine Luxe Beauty in accordance with this Agreement.

Nine Pixel Studios & Nine Luxe Beauty own all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered.

Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Nine Pixels Studios & Nine Luxe Beauty and may be used in the reasonable course of Nine Pixels Studios & Nine Luxe Beauty business.

Permitted Uses of Brand & Product(s). Nine Pixels Studios & Nine Luxe Beauty grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Nine Pixels Studios & Nine Luxe Beauty with attribution each time Client uses Nine Pixels Studios & Nine Luxe Beauty property or Commercial release is agreed in writing or included in Client package prior to project date. Personal use includes, but is not limited to, use within the following contexts:

  1. In photos on Client’s personal social media pages or profiles; or

  2. In personal creations, such as a scrapbook or personal gift; or

  3. In personal communications, such as a family newsletter or email or holiday card.


Non-Permitted Uses of Brand & Product(s). Nine Pixels Studios & Nine Luxe Beauty does not grant or release exclusive license of product(s), images of Nine Pixels Studios & Nine Luxe Beauty Staff, Equipment or Brand images that are produced during Client(s) project such as:  

  1. Images or video, of equipment, brand or staff, taken by client or third party, used on any social media platform.

  2. Images or video, of equipment, brand or staff, taken by client or third party, used on any commercial website or marketing material or personal communications, such as email or text.

Artistic Release

Style. Client has spent a satisfactory amount of time reviewing Nine Pixels Studios & Nine Luxe Beauty work and has a reasonable expectation that Nine Pixels Studios & Nine Luxe Beauty will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency. Nine Pixels Studios & Nine Luxe Beauty will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Nine Pixels Studios & Nine Luxe Beauty current portfolio and Nine Pixels Studios & Nine Luxe Beauty will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

Every client is different, with different tastes, budgets, and needs;Nine Pixels Studios & Nine Luxe Beauty services are often a subjective art and Nine Pixels Studios & Nine Luxe Beauty has a unique vision, with an ever-evolving style and technique;

Nine Pixels Studios & Nine Luxe Beauty will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;Although Nine Pixels Studios & Nine Luxe Beauty will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services.

Nine Pixels Studios & Nine Luxe Beauty shall have final say regarding the aesthetic judgment and artistic quality of the Services;Dissatisfaction with Provider's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Model Release

                                                                Model Release. The Client shall permit the Nine Pixel Studios & Nine Luxe Beauty the right  to use images of the Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to the Client or the Client’s agents.

The Client’s and or any third parties present during the project shall be deemed to have consented to the use of their name, image, or likeness by the Client, Nine Pixels Studios & Nine Luxe Beauty, for the duration of the project.

The Client shall defend and indemnify Nine Pixels Studios & Nine Luxe Beauty from and against any claims that any of the Client’s guests may assert against Nine Pixels Studios & Nine Luxe Beauty. These claims may arise from, or be related to, the use of any name, image, or likeness of the Client’s third parties by Nine Pixels Studios & Nine Luxe Beauty, and Client during the project.

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Nine Pixels Studios & Nine Luxe Beauty.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Nine Pixels Studios shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Nine Pixels Studios & Nine Luxe Beauty and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Nine Pixels Studios & Nine Luxe Beauty provides to Client.

non-disparagement

the client agrees not to make public defamatory and inflammatory statements that would materially harm the reputation or business activities of any parties to this agreement.

Cancellation, Rescheduling and No-Shows

Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Nine Pixels Studios & Nine Luxe Beauty to render Services due to the fault of the Client or parties related to Client, or failure of one or more essential parties to the Client to show up in a timely manner, the Client shall  provide notice to Nine Pixels Studios & Nine Luxe Beauty as soon as possible via the Notice provisions detailed in this Agreement.

Nine Pixels Studios & Nine Luxe Beauty has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Nine Pixels Studios & Nine Luxe Beauty to provide the Services due to the fault of Client (or parties related to Client), and Nine Pixels Studios & Nine Luxe Beauty will not be obligated to refund any monies Client has previously paid towards the Total Cost. 

The Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up, or should it become impossible for Nine Pixels Studios & Nine Luxe Beauty to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.  

For instance, if Nine Pixels Studios & Nine Luxe Beauty is able to secure another, unrelated client for the project date, then Nine Pixels Studios & Nine Luxe Beauty may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. 

Impossibility

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

  1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or

  2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or

  3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services. In the event Nine Pixels Studios & Nine Luxe Beauty cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

  2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and

  3. Excuse Client of any further performance and/or payment obligations in this Agreement.


Appropriate Conduct/ Safe Working Environment:

Project: The Client(s) expressly agree(s) to take best efforts to provide Nine Pixels Studios & Nine Luxe Beauty and its staff with safe and appropriate working conditions.

In the event of circumstances deemed by either Nine Pixels Studios & Nine Luxe Beauty or a bystander to present a threat or implied threat of injury or harm to Nine Pixels Studios & Nine Luxe Beauty staff or equipment, Nine Pixels Studios & Nine Luxe Beauty reserve the right to cancel all services remaining under this Agreement and leave if performing services on-location.

At the Nine Pixels Studios & Nine Luxe Beaut discretion, may enact a three-strike policy. After the first offense, Nine Pixels Studios & Nine Luxe Beauty will make reasonable efforts to notify the Client(s) or a responsible party.

If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), Nine Pixels Studios & Nine Luxe Beauty will resume work in accordance with the original terms of this Agreement.

If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the project. If the behavior occurs a third time, Nine Pixels Studios & Nine Luxe Beauty will immediately leave the project.

If Nine Pixels Studios & Nine Luxe Beauty leaves the project early due to any offending behavior, the Client(s) expressly agree to relieve and hold Nine Pixels Studios & Nine Luxe Beauty harmless as a result of incomplete project coverage, or for a lapse in the quality of Nine Pixels Studios & Nine Luxe Beauty work, and the Client(s) shall be responsible for payment in full. 

Non Project:The Client(s) expressly agree(s) to take best efforts to provide Nine Pixels Studios & Nine Luxe Beauty staff with a safe and appropriate professional relationship.

In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Nine Pixels Studios & Nine Luxe Beauty staff, Nine Pixels Studios & Nine Luxe Beauty will make reasonable efforts to notify the Client(s).

If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Nine Pixels Studios & Nine Luxe Beauty will resume work in accordance with the original terms of this Agreement.

If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Nine Pixels Studios & Nine Luxe Beauty harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of Nine Pixels Studios & Nine Luxe Beauty work.

The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Nine Pixels Studios & Nine Luxe Beauty resumes work detailed in this Agreement.


General Provisions

Governing Law. The laws of Illinois govern all matters arising out of or relating to this Agreement, including torts

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Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

  1. Email

    1. Nine Pixel Studios & Nine Luxe Beauty Email:

    2. team@ninepixstudios.com

    3. Client Email

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to all Nine Pixel Studios & Nine Luxe Beauty services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.