Definitions:
“The Photographer” is Carly Pates, owner of Miabella Baby photography. “The Client” is any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.

Acceptance of Terms and Conditions:
All contracts and transactions between the Photographer and the Client whether made orally or in writing are subject to these terms and conditions, which shall be deemed to be incorporated into any contract between the Photographer and all or any of its Clients.

Payment Terms:

For all Clients, payment for products and services provided by the Photographer must be forfilled upon completion of the assignment. The Parties acknowledge that the Booking Fee is non-refundable in the event of cancellation by the Client.

Sickness:

In the event of sickness prior to the session, the Client agrees to make every possible effort to inform Miabella Baby Photography no later than 2 hours prior to the start time of the photography session. The session can be transferred to a new date which will be at the convenience of both parties within a maximum 2 month period. Miabella Baby Photography reserves the right to re-schedule outside of this time limit due to any existing commitments. If the Client fails to reschedule within the 2 month time period, Miabella Baby Photography has the right to cancel the booking with all payments made non-refundable. In the event of the child falling ill during the session, Miabella Baby Photography reserves the right to postpone the session and re-schedule at the convenience of both parties.

Retention of Title:
The Photographer reserves the right to retain all of the Client’s materials in their photo shoot until all monies owed to Miabella Baby Photography have been paid in full.

Services and Products:
Payment for services and products are due upon completion of the work.

Completion of the work:
Work is complete when the photographer provides the client with the agreed material purchased. This includes a USB and/or access to a web gallery and purchased printed copies. Access to web galleries is restricted to clients only. Images may not be copied from the web gallery or used in any form, without written permission from Miabella Baby Photography.

Artistic input:

Miabella Baby Photography shall be entitled to use its judgment regarding the style and artistic input in the production of images. This includes but is not limited to locations, poses and number of images taken. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes.

Conduct:
The Client shall be solely responsible for any persons accompanying them to an assignment. The Photographer reserves the right to terminate any session without notice if she deems the Client’s behaviour to be unacceptable. In such instances, the Photographer reserves the right to charge her full fees and expenses. The Client will fully reimburse the Photographer for any loss/damage they cause to property and/or equipment. Cameras, mobile phone cameras and
camcorders are NOT permitted during any session, in Studio or location without the permission from Miabella Baby Photography.

Fulfilment of obligations

The supply of products and services are provided by Miabella Baby Photography on a best endeavours basis. Miabella Baby Photography shall not be liable to the Client for any failure, in whole or in part, to fulfil its obligations where failure arises as a result of an event or circumstances beyond its control, which may include (but are not limited to) equipment failure. Due to the vagaries of weather and the willingness of subjects it may not be possible to capture all the pictures requested, or images to the clients full expectations.The Photographer shall not be liable for any delays in meeting any of their obligations which were due to causes beyond their reasonable control, including (but not limited to); postage/courier/lab delays and loss or damage in transit etc. In the event of unwilling subjects at a session of any kind, for any reason, Miabella Baby Photography may not be able to capture any, or all the images the Client may have requested or expected.

Prices & Terms:
All prices shown within the Photographer’s price list are subject to change without prior notice. The Photographer reserves the right to amend these Terms and Conditions without prior notice.

Website:
The content and images used on the website are the property of and copyright by Carly Pates and Miabella Baby Photography. Certain images may be used on other websites under the control of the photographer and Miabella Baby Photography. No images or content may be copied or otherwise taken from the website without written permission from Carly Pates "Miabella Baby Photography". With the Client's consent, Miabella Baby Photography may wish to display some images from the Client's session to promote Miabella Baby Photography via it's website, social media forums or printed material.

Copyright:

The 1998 Copyright, Designs, and Patents Act assigns copyright to Carly Pates “Miabella Baby Photography”. Copyright is retained by Miabella Baby Photography at all times throughout the world, in perpetuity, and for all forms of media now and yet to be created. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the photographer and agrees that all digital duplications or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by the photographer is used for any commercial or financial gain purpose, at any time, without her permission in writing, you agree to pay the use of the image at the current market rate as determined by the use at the time.

License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All that is required is a copyright statement be placed near or on the image, and notification of use is communicated to Miabella Baby Photography. Non-commercial uses include personal web pages, and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered as commercial or financially beneficial to the user.