Terms and Conditions
This agreement contains the entire understanding between MBA and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of this agreement shall remain in full force and effect.
Retainer: Upon the Client’s signature, MBA will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the retainer is non-refundable, even if the date is changed or Event is cancelled for any reason, including acts of God, illness, fire or extreme weather.
Payment: The Client agrees that the full payment must be paid in two installments. The retainer is due at the time of signing the photography contract. The final installment equaling to the customized package is due day of the ordering appointment. There will be a $100.00 late payment fee for any payments that are not delivered to MBA by the required date.
Session time: On the noted event date, the number of hours offered is meant to begin when the photographer(s) walks into the venue and ends at the number of hours agreed upon. All overtime (including but not limited to extra waiting time resulting from delay in start) will be billed, and is to be paid at an overtime rate of $150.00 per hour.
Rescheduling: If an illness or other situation prevents a session from taking place, the client may reschedule their session with at least 48 hours' notice prior to their scheduled session, without penalty. Should the client fail to give 48 hours notice, or decide to completely cancel the session, the session retainer fee is forfeited and will not be refunded. MBA reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. Upon MBA discretion and availability, rescheduling may be done if a baby is having a difficult day and is not cooperating during the session (i.e. crying, wide-awake, won't stay still, etc).
Refunds: Refunds will NOT be given if a client cancels their session after the retainer has been paid. Refunds will not be given if the client is late for their session and the session has to be canceled or "cut-short". Refunds may be made at the discretion of MBA for exceptional circumstances.
Permits: The Client is responsible for acquiring all permits and necessary permission for all locations on which MBA will be performing services. In the event where no permit is acquired, the Client is responsible for any fines incurred while performing services at the location.
Archives: After six (6) months, all images will be purged from MBA external storage media, except as needed for promotional purposes, to be determined by MBA. MBA is not responsible for loss or damage to the digital files due to circumstances beyond MBA control.
Non-cooperation: We recommend that MBA be provided with a helper (ex: mom or dad) who will help out with safety during certain poses. MBA has a workflow to ensure proper and easy transitioning of the poses and thus cannot guarantee specific poses. The client understands that not all babies will do every pose and thus MBA cannot be held responsible for not achieving a specific pose. MBA has its own artistic style and thus the Client understands that MBA does not work off of Pinterest and social media photos for poses. MBA is not responsible for an unsettled or uncooperative baby, child or participant during the session. In such a case, MBA is not responsible for the quantity of the final product nor will give a refund or reshoot.
Unedited Images: We DO NOT provide RAW nor unedited images.
Harassment: In event of harassment of MBA personnel, we reserve the right to leave the shooting premises immediately. It is the responsibility of the Client or their representatives to ensure such interferences do not happen.
Artistic style: The final post production and editing styles, effects, and overall look of the images are left to the discretion of MBA.
Damage: MBA is not responsible for the damage of images after delivery to the client. The client assumes all responsibility for the safety of all images upon receipt.
Copyright & Penalty: MBA retains all copyrights to all images created during the client’s session. A print release will be included with digital files to print portraits for personal use. The print release does not allow publication of the photos (i.e. entering in contests), selling or altering of images without MBA written permission. Altering images includes but is not limited to: applying a "filter", "preset", changing the color of the image in any way or cropping the image. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by MBA.
MBA reserves the right to use the images created under this contract for advertising, display, publication or other purposes. There is a $150 fee to waive this condition.
The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner. The client shall indemnify and defend MBA in the event of litigation out of such use. MBA works with vendors for props and clothing and reserves the right of the vendors to use the photos for self promotion and advertising.
Laibility: While MBA observes utmost caution while performing work onsite and others’ safety in mind while setting up equipment, any injuries/physical stress sustained by other individuals due to MBA’s equipment and/or representatives will not be held against MBA and it’s representatives will not be responsible and/or liable for any claims resulting from such injuries. The Client understands that the Client will be held responsible for reimbursing full fees of any damage caused to MBA equipment.
Company Policies
Electronic Devices: No cameras/camcorders/or any other type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between the client and the photographer, in a written agreement. The photographer will not start/continue the session if there are any of the listed devices in use.
Pets: If the client has pets, the pets will be secured in a location other than the location that has been set aside for the photographer to complete the session. This policy does not apply to service animals.
Session Start Time: The session starts at the agreed-upon time, as defined by the client and the photographer.
No-Show Policy: The No-Show policy applies if the client is thirty (30) minutes late or later than that.
If the client is not available at the start of the agreed-upon session start time, MBA reserves the right to consider the client a "No-Show" and cancel the remainder of the session. If the session is canceled due to client tardiness, the full-balance of the session is not required. The retainer paid to book the session is non-refundable.
If MBA chooses to continue with the session, even after the client(s) are late, MBA will not be liable for an incomplete photo gallery. If the session starts after the agreed-upon time, no refunds will be made if the session photo gallery doesn't include the agreed-upon amount of images.
Other: Children should not be present at the time of the session unless they are being photographed during the session. If the children are being photographed during the session, the parent/guardian of the children will ensure they are not disruptive to the flow of the session.