Terms of Service
Effective Date: July 30, 2025
Welcome to The Dog Studio NM. By booking a session or purchasing portrait artwork from us, you agree to the following Terms of Service. Please read them carefully.
Cancellation, Rescheduling, Late Arrivals and No-Shows
The Dog Studio NM reserves specific studio, photographer, and staff time for every portrait session and Viewing & Ordering Appointment.
Standard Paid Sessions
The session fee shown at the time of booking reserves the appointment and compensates The Dog Studio NM for reserving studio and professional time.
Session fees are non-refundable except where otherwise expressly stated in writing, where required by law, or where The Dog Studio NM is unable to provide the contracted session and cannot provide a mutually acceptable replacement appointment.
A client who provides at least 72 hours' notice may transfer the session fee one time to another available appointment.
A cancellation or request to reschedule made less than 72 hours before the scheduled appointment may result in forfeiture of the session fee and require payment of a new session fee before another appointment is reserved.
Complimentary Promotional Sessions
No session fee or artwork purchase is required to attend a complimentary portrait session unless a particular promotional offer expressly and conspicuously states otherwise before booking.
For complimentary appointments, at least 72 hours' notice is required to reschedule.
A qualifying complimentary appointment may ordinarily be rescheduled one time, subject to availability and any expiration period associated with the promotion.
A cancellation or rescheduling request made less than 72 hours before the appointment, a second rescheduling request, or a failure to attend without notice may result in forfeiture of the complimentary promotional offer.
The Dog Studio NM may make reasonable exceptions for sudden illness, pet medical emergencies, severe weather, or other circumstances the Studio determines warrant a courtesy accommodation.
Viewing & Ordering Appointments
The cancellation and rescheduling requirements above also apply to scheduled Viewing & Ordering Appointments.
When a complimentary portrait is included with an offer, completion of the Viewing & Ordering Appointment is required so that the eligible portrait may be selected and submitted for production.
Attending the Viewing & Ordering Appointment does not require the client to purchase anything.
Late Arrivals
Late arrival does not extend the scheduled ending time of an appointment.
If a client arrives late but sufficient time remains, The Dog Studio NM may conduct a shortened session.
If the client's late arrival makes it impractical to safely or professionally complete the appointment, the Studio may treat the appointment as a late cancellation and apply the applicable rescheduling or forfeiture policy.
Studio Cancellations
If The Dog Studio NM must cancel because of photographer illness, emergency, equipment failure, severe weather, building conditions, or another circumstance outside the Studio's reasonable control, the Studio will make reasonable efforts to provide a replacement appointment.
For a complimentary appointment, the confirmed promotional benefits will remain attached to the replacement appointment.
For a paid appointment, if The Dog Studio NM cannot provide the contracted session or a mutually acceptable replacement appointment, the client will receive a refund of the session fee actually paid for that unperformed session.
No client will forfeit a promotional benefit because The Dog Studio NM, rather than the client, canceled the qualifying appointment.
Client Responsibility for Pets
The person bringing an animal to The Dog Studio NM represents that the person is the animal's owner or otherwise has authority to bring, handle, and authorize the photography of the animal.
Clients remain responsible for supervising and maintaining reasonable control of their animals while on Studio property.
Dogs must arrive on a secure leash, carrier, or other appropriate restraint and must remain appropriately restrained until a member of the Studio team determines that removal of the restraint is appropriate for photography.
Before the session, the client must disclose any known circumstance reasonably relevant to safety, including prior biting or aggression, significant fear of strangers, animal reactivity, escape tendencies, severe anxiety, mobility limitations, significant medical conditions, hearing or vision impairment, and known food allergies.
Disclosure does not automatically disqualify a dog from being photographed. It allows the Studio to plan the session appropriately.
The Dog Studio NM may require reasonable safety precautions such as a leash, muzzle, additional handler, modified posing, additional distance from other animals, or another reasonable accommodation.
The Studio may pause, modify, reschedule, or terminate a session if the Studio reasonably believes that continuing poses an unacceptable safety risk to the animal, client, staff, another person, or property.
The welfare of the animal takes priority over obtaining a particular image.
Assumption of Risk and Limited Release of Liability
Notice: this section affects legal rights and should be reviewed carefully.
Clients acknowledge that working with and photographing animals involves foreseeable risks that cannot be completely eliminated.
Those risks may include sudden or unpredictable animal movement, pulling, running, jumping, scratching, biting, collisions, leash entanglement, falls, contact with photographic equipment, startled reactions to lights or sounds, and interactions involving people or other animals.
The client voluntarily assumes the ordinary and inherent risks associated with the client's own animal, the behavior of animals participating in the session, and participation in an animal portrait session.
To the fullest extent permitted by New Mexico law, the client releases The Dog Studio NM and its owners, employees, photographers, agents, and contractors from claims for bodily injury or property damage arising from the identified inherent risks of the portrait session, including claims alleging ordinary negligence by a released party in connection with those identified risks.
This release does not apply to gross negligence, reckless or willful misconduct, intentional misconduct, violations of law, or any claim, remedy, or legal right that cannot lawfully be released or waived.
Nothing in these Terms is intended to waive any non-waivable right or remedy provided by applicable New Mexico or federal law.
The client acknowledges having had an opportunity to review this provision and ask questions before participating.
When a minor participates in the session, the minor's parent or legal guardian must execute any required participation and liability authorization on behalf of the minor to the extent permitted by applicable law.
This Assumption of Risk and Limited Release should be affirmatively accepted through the Studio's booking process and should not be treated merely as inconspicuous website boilerplate.
Property Damage and Third-Party Claims
Clients are responsible for reasonable costs associated with direct damage to Studio property to the extent the damage is caused by the client's intentional misconduct, negligence, or failure to reasonably control the client's animal.
To the extent permitted by law, the client is responsible for third-party claims caused by the client's animal or by the client's own negligent or intentional conduct.
The client is not responsible under this provision for damages to the extent caused by the negligence or wrongful conduct of The Dog Studio NM or another responsible party.
Clients should keep personal belongings with them. The Studio is not an insurer of personal property brought onto the premises.
Pet Medical Events
The Dog Studio NM is a portrait studio and does not provide veterinary services.
If an animal appears ill, injured, excessively distressed, or medically unstable, the Studio may immediately stop or modify the session.
Veterinary decisions remain the responsibility of the animal's owner or authorized handler.
Nothing in this section excuses The Dog Studio NM from responsibility that applicable law does not permit the Studio to disclaim.
Image Rights, Copyright and Model Releases
The Dog Studio NM retains copyright in the photographs it creates except where copyright is expressly transferred through a separate written agreement.
Copyright ownership and permission to use a person's likeness for Studio advertising are treated as separate matters.
Booking or purchasing a portrait session does not, by itself, grant The Dog Studio NM unlimited permission to use identifiable photographs of a client or the client's minor children for advertising.
For ordinary portrait sessions and ordinary complimentary promotional sessions, identifiable client portraits may be used for marketing, advertising, social media, competitions, publications, portfolio display, educational use, or similar promotional purposes only when the appropriate client or parent/legal guardian has provided the Studio with the applicable image-use or model-release authorization.
A client may decline an optional marketing release without being required to purchase additional artwork and without losing an otherwise valid ordinary complimentary offer.
A special modeling, publication, magazine, charitable, or artistic project may require permission for publication as an essential condition of participating in that particular project. When that is the case, the publication requirement and scope of the release will be disclosed before the participant reserves the project appointment.
Declining a required publication release for a project may make the person ineligible for that specific publication or modeling project, but it does not create an obligation to purchase artwork.
A parent or legal guardian must provide any required likeness authorization concerning an identifiable minor.
Custom Artwork Orders, Cancellations and Refunds
Every physical artwork order created by The Dog Studio NM is individually selected, retouched, designed, sized, finished, or otherwise produced for the particular client.
Before an artwork order is submitted for production, the client will be given an opportunity to review the material order specifications presented for approval, including the selected images, products, sizes, finishes, quantities, framing selections when applicable, and order price.
An artwork order becomes final after the client provides final written or electronic approval and the Studio submits the approved order into production.
Once custom production has begun, the order cannot ordinarily be canceled, exchanged, changed, or refunded because of a change of mind, change in personal preference, or a later decision that the client would prefer another image, size, product, or design.
Nothing in this policy eliminates remedies that cannot legally be waived.
Before an order has entered production, The Dog Studio NM may permit reasonable corrections or modifications when production circumstances allow.
Manufacturing Defects and Studio Errors
The Dog Studio NM stands behind the workmanship of the products it delivers.
If artwork is materially damaged in production or delivery, contains a verified manufacturing defect, or materially differs from the approved order because of an error attributable to The Dog Studio NM or its production partner, the client should notify the Studio promptly.
The Studio may first correct, repair, reprint, or replace the affected artwork at no additional charge.
If The Dog Studio NM is unable to provide conforming replacement artwork within a reasonable time, the Studio may provide an appropriate refund for the affected product.
This provision does not restrict any remedy the client is entitled to receive under applicable law.
Digital Products
Final digital portraits are non-returnable after delivery or access because digital products cannot meaningfully be returned.
If a purchased digital file is corrupted, incomplete, or is not the file the client ordered, The Dog Studio NM will provide a corrected replacement.
The purchase of a digital portrait does not transfer copyright unless a separate written copyright transfer expressly states otherwise.
Payment Plans
An approved payment plan changes the schedule for paying for an artwork order; it does not by itself make a custom order cancellable after production has begun.
Third-party financing is also governed by the separate terms, disclosures, and legal rights associated with the financing provider.
Nothing in this policy limits cancellation, rescission, dispute, or other rights that applicable law expressly makes non-waivable.
Complimentary Portrait Promotions
From time to time, The Dog Studio NM offers promotional portrait experiences at no session charge.
For an offer advertised as a complimentary portrait experience, the complimentary components stated in the particular advertisement or booking confirmation will be provided without requiring an additional artwork purchase.
Unless the individual promotion expressly states otherwise, a current complimentary experience includes approximately one hour of professional portrait photography, professional image preparation, a separate private Viewing & Ordering Appointment, and one professionally printed portrait in the size identified in the specific offer.
Depending on the promotion, that portrait may be a 10-inch or 14-inch portrait.
The precise complimentary portrait size shown in the client's qualifying advertisement, certificate, invitation, or booking confirmation controls.
No Purchase Required
There is no minimum artwork purchase and no requirement to buy digital images, additional portraits, albums, wall art, collections, frames, or any other product in order to receive the complimentary elements of a qualifying offer.
The Viewing & Ordering Appointment is part of the complimentary experience because the client must view the eligible finished portraits and select the image to be produced as the complimentary portrait.
A purchase is not required during that appointment.
What is Not Included
Unless specifically stated in the qualifying offer, a complimentary promotion does not include the complete collection of images, RAW or unedited photographs, high-resolution digital files, social-media files, additional printed portraits, frames, albums, wall art, paintings, portrait collections, or other products.
Additional artwork is available only if the client voluntarily chooses to purchase it.
Promotional Conditions
Complimentary promotions may be limited by appointment availability, qualifying dates, redemption periods, geographic or household eligibility, campaign-specific requirements, and one promotional redemption per household per campaign.
Any such material requirement will be disclosed in the applicable offer or before the appointment is finalized.
Complimentary promotions have no cash value, may not be sold, may not be duplicated or repeatedly redeemed, and may not be combined with another offer unless The Dog Studio NM expressly approves the combination.
The Studio will not substitute a digital file for a complimentary printed portrait unless the qualifying offer specifically provides for that substitution.
The Studio will not require a client to apply the complimentary portrait toward a larger purchase in order to receive it.
The Studio will honor the complimentary benefit confirmed when the qualifying reservation was made.
Advertised Values and Promotional Representations
When The Dog Studio NM identifies a regular session fee, regular price, savings amount, or retail value in connection with a promotion, the Studio intends that representation to reflect a genuine price or value associated with the applicable service or product and not a price created solely to make the promotion appear more valuable.
Any limitation that materially affects a client's ability to receive a complimentary session or complimentary portrait should be disclosed in the promotion or booking process rather than first disclosed after the client arrives at the Studio.
Terms such as "winner," "selected participant," "exclusive invitation," or similar language should be used only when they accurately describe how participants were actually chosen.
A complimentary offer is not a contest or sweepstakes unless it is expressly administered as one.
Changes to Promotions
The Dog Studio NM may create, modify, suspend, or discontinue promotional campaigns prospectively.
A change to a future campaign will not retroactively reduce the complimentary benefits already confirmed for an existing qualifying reservation.
If an advertisement, certificate, booking confirmation, and these general policies contain different descriptions of the complimentary benefit, the specific written offer confirmed for the client's reservation will control regarding what is included.
The Studio may substitute a benefit only with the client's agreement or when circumstances outside the Studio's reasonable control make fulfillment impossible and the substitute provides reasonably comparable value.
Changes to General Terms
The Dog Studio NM may update its general policies from time to time.
Material changes apply prospectively.
The version of the applicable policies and specific promotional terms accepted or provided when the client reserves an appointment or approves an artwork order will govern that transaction, except to the extent a later change is required by law or the parties mutually agree otherwise.
No Waiver of Legal Rights
Nothing in these Terms is intended to eliminate or restrict any consumer protection, warranty, statutory remedy, or other right that applicable law does not permit a business or consumer to waive.
Governing Law and Severability
These Terms are governed by the laws of the State of New Mexico without regard to conflict-of-law principles.
To the extent permitted by applicable law, disputes relating to services performed at The Dog Studio NM's Albuquerque studio may be brought in an appropriate court having jurisdiction in Bernalillo County, New Mexico.
If a court determines that a particular provision of these Terms is invalid or unenforceable, that provision should be enforced to the maximum extent permitted by law or severed when appropriate without automatically invalidating the remaining lawful provisions.
Nothing in this section restricts a consumer from bringing a claim in another forum when applicable law gives the consumer a non-waivable right to do so.

