TERMS AND CONDITIONS

    TERMS AND CONDITIONS OF PHOTOGRAPHY SERVICES

    For the purposes of these terms and conditions:

    • The term “Photographer” refers to Newborn Baby Photography Studio, including its team members, agents, employees, contractors, and any individuals directly involved in delivering the photography services.
    • The term “Client” refers to the individual, family, or representative who has booked the photography service, as well as any guests, associates, or participants present during the session or event.

    1. Scope of Use

    Personal Use License:
    The Client is granted a limited, non-exclusive, non-transferable, and non-commercial license to use the photographs delivered by the Photographer (“Photographs”) strictly for personal use. This includes displaying the images at home, sharing with friends and family, or posting on personal (non-commercial) social media accounts with proper credit to the Photographer.

    Prohibited Uses:
    The Client agrees not to use the Photographs for any commercial or unauthorized purposes, including but not limited to:

    • Advertising, marketing, or promoting any product, service, brand, or business.
    • Selling, licensing, or distributing the Photographs to any third party.
    • Publishing the Photographs in print or digital media (e.g., magazines, newspapers, blogs, or websites), unless expressly approved in writing by the Photographer.

    Any commercial use or public reproduction outside of this scope requires prior written consent and may be subject to additional licensing fees.

    2. Intellectual Property Rights

    All photographs, videos, and creative content produced by Newborn Baby Photography Studio (NBPS) remain the sole intellectual property and copyright of the studio, in accordance with the Copyright Act, 1957.

    Ownership:
    All intellectual property rights, including but not limited to copyright, in and to the Photographs remain the sole and exclusive property of the Photographer. The Client is granted a limited license for personal use only and does not receive any ownership or intellectual property rights in the Photographs.

    License Restrictions:
    The Client may not alter, edit, modify, or manipulate the Photographs in any form without prior written permission from the Photographer. This includes, but is not limited to:

    • Applying filters or overlays
    • Cropping, color grading, or retouching
    • Adding or removing elements from the image
    • Any edits that compromise the original artistic integrity of the image

    The Client agrees to share the Photographs in their original form when posting on social media or other platforms and must provide appropriate credit to the Photographer if required.

    Credit & Attribution

    • When images are shared on social media, clients are encouraged to tag or credit the studio.
    • Removal of the studio watermark (if applicable) is not allowed.

    Copyright Transfer

    • Copyright ownership remains with the studio unless explicitly transferred through a written agreement, which may involve additional charges.

     Copyright Protection Policy
    At our studio, we deeply respect your privacy and offer two levels of copyright protection to suit your comfort and preferences:

    Partial Copyright – ₹50,000

    • We will not post your photographs on any social media platforms.
    • However, we may showcase your images during in-person consultations with prospective clients using our laptop, mobile, or tablet for reference.
    • All images will be securely stored only on our internal system or hard drive and will not be distributed elsewhere.
     

    Full Copyright – ₹1,50,000

    • We will hand over all RAW and edited images to you.
    • Once the delivery of final edited photographs is complete, we will permanently delete all copies from our system.
    • The studio will not retain any rights to use the images for promotion, marketing, or display in any form (including print, web, or digital).

    Important Note:
    If you do not opt for any copyright protection package, it will be understood and agreed by default that the studio has full permission to use your photographs for marketing, social media, website, and print media. This helps us showcase our work and inspire other families.3.  Social Media and Display Rights

    • Personal Sharing:
      The Client is permitted to share the delivered Photographs on personal social media platforms such as Facebook, Instagram, or WhatsApp, provided no commercial or business use is involved.
    • Display Restrictions:
      The Photographs may not be displayed in any setting that promotes a business, product, service, or any other commercial activity, whether online or offline, unless explicitly licensed for such use.

       

    4. Prohibited Commercial & Advertising UseThe Client agrees not to use the Photographs for any of the following without written consent and appropriate licensing:

    • Promotion or advertising of any product, service, or business, whether personal or third-party.
    • Use on websites, blogs, social media profiles, or pages intended for commercial, corporate, or professional use.
    • Inclusion in online or offline advertisements, campaigns, brochures, or banners.
    • Licensing, resale, or distribution of the Photographs to third parties for any monetary or promotional gain.
    Request for Commercial Use
    If you wish to use any images for commercial or promotional purposes, you must obtain prior written approval from the Photographer and pay the applicable commercial licensing fees, which will be communicated based on the intended use.
     
     
    5. Limitation of Liability
    • Data Loss or Corruption:
      In the rare event of data loss, file corruption, or unforeseen technical issues affecting the final delivery of images, the Photographer’s maximum liability is limited to a refund of the amount paid by the Client. No additional compensation shall be owed.
    • Force Majeure:
      The Photographer will not be held liable for any delay or failure in service performance due to events beyond reasonable control, including but not limited to natural disasters, technical malfunctions, equipment failure, health emergencies, or adverse weather conditions.
     

    6. Re-Scheduling Session & Cancellation Policy
    At Newborn Baby Photography Studio (NBPS), we reserve your photoshoot slot, photographer, studio time, and resources well in advance. Therefore, the following policy applies to all bookings, without exception.

    Client-Initiated Re-Scheduling or Cancellation

    Re-Scheduling Policy

    • If a client requests to reschedule the session at least 72 hours before the scheduled date and time, the booking advance of ₹500 may be adjusted, subject to studio availability and studio approval.
    • The rescheduled session must be conducted within 15 days of the original session date. Only in this case will the ₹500 booking amount be eligible for adjustment.
    • If the rescheduled session is not conducted within 15 days, the previous booking amount will be automatically forfeited, and a fresh booking with a new advance payment will be required.
    • Rescheduling requests made within 24 hours of the scheduled session will result in 100% forfeiture of the booking advance (₹500), which will be treated as a cancellation fee. If the client wishes to schedule a session, they must book it as a new session for the photoshoot. As per the available dates and times for the session (check with the studio for available dates and times before proceed for booking) 
    • All rescheduled bookings are subject to studio availability and final confirmation.

    Cancellation Policy

    • If the client cancels the photoshoot at any time, 100% of the booking advance (₹500) will be charged as a cancellation fee.
    • The booking amount is strictly non-refundable and non-adjustable in case of cancellation.
    • Once a slot is reserved, no refund of the booking amount will be provided under any circumstances.

    Reason Clause

    This policy applies irrespective of the reason, including but not limited to:

    • Personal reasons
    • Baby discomfort, mood, or health issues
    • Family emergencies
    • Travel delays
    • Weather conditions
    • Any unavoidable or unforeseen situations

    Festival & Special Event Sessions

    For festival, themed, or high-demand sessions (including but not limited to Rakshabandhan, Janmashtami, Diwali, Christmas, New Year, or Mini Sessions):

    • The booking amount (typically 50% of the package value) is strictly non-refundable and non-reschedulable.
    • No date change, refund, or adjustment will be permitted once the booking is confirmed.
    • These sessions operate on fixed schedules, limited slots, and dedicated setups, which cannot be rearranged.

    Studio Discretion

    • Any exception to this policy is solely at the studio’s discretion and must be communicated in writing.
    • Verbal discussions, assumptions, or informal assurances will not be considered valid.

    Final Authority

    • The studio reserves the sole right to approve or decline any rescheduling request or adjustment of the booking amount.
    • Proceeding with booking and payment confirms that the client has read, understood, and agreed to this policy in full.
     
    Baby Cooperation Disclaimer

    At Newborn Baby Photography Studio (NBPS), the comfort, safety, and well-being of your baby are always our top priority. Every baby is unique, and their mood, comfort level, sleep cycle, hunger, or health on the day of the photoshoot can vary.

    Despite our best efforts, patience, and experience, there may be times when a baby is unable to cooperate as expected due to factors beyond our control, such as:

    • Crying or discomfort

    • Feeding or sleep requirements

    • Health or mood fluctuations

    • Sensitivity to the environment, lights, or handling

    Our photographers always allow reasonable time for settling the baby and work gently to capture the best possible moments. However, if the baby remains uncomfortable or uncooperative, the session may be limited in terms of poses or expressions.

    Please Note:

    • Photography results depend heavily on the baby’s cooperation and comfort.

    • Specific poses, expressions, or setups cannot be guaranteed.

    • No reshoot, refund, or compensation will be provided in cases of limited cooperation.

    By confirming your booking, you acknowledge and accept that baby behavior is unpredictable and that the studio cannot be held responsible for outcomes affected by non-cooperation.

     Acknowledgment

    By confirming the booking and paying the booking amount, the client acknowledges that they have read, understood, and agreed to this Re-Scheduling & Cancellation Policy. We appreciate your understanding and cooperation.

    📌 All cancellations must be communicated in writing (via WhatsApp or Email). Rescheduling (as per policy) is subject to availability and studio discretion.
     
     
    7. Cancellation Due to Abusive or Threatening Behavior

    We maintain a strict zero-tolerance policy for any form of abusive, harassing, or threatening behavior toward the Photographer or any member of our team.

    This includes, but is not limited to:

    • Verbal abuse, offensive or derogatory remarks, and aggressive language.
    • Physical threats or any form of intimidation.

    If such behavior is encountered before, during, or after the shoot, we reserve the right to immediately terminate all services without notice.

    🔹 Fee Forfeiture: All fees and deposits will be non-refundable to cover time, effort, and business loss.
    🔹 No Deliverables: The Photographer will not be obligated to deliver any photos, edits, or related content.
    🔹 Legal Action: We reserve the right to pursue legal action or lodge a police complaint if necessary.

    We request all clients to maintain respectful and cooperative behavior during consultations, photoshoots, and post-production communication. Any form of inappropriate language, aggressive behavior, disrespect toward staff, or interference with the photographer’s workflow will not be tolerated.

    For the safety, comfort, and quality of work:

    • The studio reserves the right to pause or terminate the session in case of misconduct
    • No refund or reshoot will be applicable if a session is stopped due to client behavior
    • Parents/guardians are responsible for the child’s safety and cooperation during the shoot

    We aim to create a calm, positive, and safe environment for babies, children, families, and our team.


    8.  Acceptance of Terms

    By proceeding with a booking, the Client confirms that they have read, understood, and agreed to all terms and conditions outlined herein.
    Any unauthorized use of the photographs, including violations of usage restrictions or copyright terms, may result in legal action, financial penalties, and claims for damages as permitted by law.

    9. Data Retention & Storage Policy

    At Newborn Baby Photography Studio (NBPS), we maintain a structured data retention system to ensure smooth operations and data security. Kindly review the policy below carefully.

    9.1. After Edited Photos Are Delivered

    Once the final edited photos are delivered to the client:

    • All non-edited (RAW/JPG) images will be retained for a maximum of 30 days from the date of edited photo delivery.
    • After 30 days, all non-edited images will be permanently deleted from our system.
    • Clients are requested to download and safely store all delivered images within this period.

    9.2. If Image Selection for Editing Is Not Received

    If the client does not share the image numbers for editing, even after reminders:

    • The studio will retain the data for a maximum of 365 days from the photoshoot date.
    • After 365 days, all data (edited & non-edited) will be permanently deleted.
    • The studio will not be responsible for providing images once the data is removed.

    9.3. Client Responsibility

    By proceeding with the booking, the client agrees that:

    ✔ All images will be delivered via digital link only
    ✔ It is the client’s responsibility to download, back up, and store images securely
    ✔ Once deleted as per policy, the studio cannot retrieve or resend any files

    9.4. Optional Extended Data Storage (Paid Service)

    If the client wishes the studio to retain data beyond the standard timelines:

    • Extended data storage is available at ₹500 per month
    • Applicable in both cases:
      • After edited photos are delivered (post 30 days)
      • After 365 days from the photoshoot date (in case photo selection is not done for the photo editing process)
    • An advance payment is mandatory
    • Storage will continue only for the duration paid in advance
    • If payment lapses, data will be permanently deleted without further notice

    ⚠️ Important Note

    Data once deleted cannot be recovered under any circumstances.
    NBPS shall not be held responsible for loss of data due to delayed selection, non-download, or failure to opt for paid storage.

    📌 Why This Policy Exists (Industry Standard)

    Most professional photography studios follow a similar approach because:
    • High-volume storage of RAW/JPG files requires secure infrastructure and cost.
    • Long-term retention increases data security risks and operational overheads.
    • We prioritize delivering your finalized work promptly while giving a reasonable period for downloads and selections.

    This policy ensures clarity, fairness, and transparency for both our clients and Studio operations.

    10. Editing Scope & Limitations Policy

    10.1. Standard Editing Included

    All images selected by the client for editing will undergo basic professional post-processing, which includes:

    • Color correction and color balancing
    • Exposure and brightness adjustment
    • Contrast and tone refinement
    • White balance correction
    • Cropping and straightening (if required)
    • Minor skin retouching (baby acne, small scratches, temporary marks)
    • Overall image enhancement to maintain the studio’s signature style

    The final edited images will reflect the artistic vision, style, and quality standards of the studio.

    10.2. What Is NOT Included in Standard Editing

    The following are not included in standard editing and will be treated as advanced or special retouching, chargeable separately:

    • Background replacement or major background changes
    • Object removal (extra people, props, clutter, wires, reflections, etc.)
    • Body reshaping, slimming, or posture alteration
    • Facial structure changes
    • Skin texture alteration beyond natural retouching
    • Outfit or color change of clothes
    • Composite images (merging multiple images into one)
    • Adding or removing people digitally
    • Artistic manipulation not aligned with the studio’s style

    Any such requests will be evaluated and quoted separately based on complexity.

    10.3. Artistic Style & Creative Discretion

    Editing is done as per the studio’s creative judgment and established editing style.
    Clients acknowledge that:

    • Final images will not be identical to the reference images found online
    • Editing will not mimic another photographer’s exact style
    • The studio does not guarantee replication of sample images shown for inspiration

    The studio reserves the right to refuse any editing request that compromises image quality or artistic integrity.

    10.4. Skin Retouching & Natural Appearance

    • The studio maintains a natural and realistic editing approach
    • Permanent marks (birthmarks, scars, moles) will not be removed unless specifically requested in writing
    • Excessive skin smoothing or plastic-like retouching is not practiced

    10.5. Revisions & Re-Editing

    • One round of minor revision is allowed only for:
      • Color tone adjustments
      • Brightness or contrast tweaks
    • Any further revisions or major changes will be chargeable

    Revision requests must be submitted within 7 days of image delivery.

    10.6. RAW Images Policy

    • RAW images are the intellectual property of the studio
    • RAW / unedited images are not shared or sold under any circumstances
    • Selection for editing must be made from the shared preview images only

    10.7. Editing Turnaround Time

    • Editing begins only after the client submits final image selection
    • Standard delivery timelines apply as mentioned in the package
    • Delays caused due to late selection submission are not the studio’s responsibility

    10.8. Quality Control & Output Format

    • Final images are delivered in high-resolution JPG format
    • Color output may vary slightly depending on screen calibration and printing devices
    • The studio is not responsible for color variations caused by third-party labs or screens

    10.9. Additional Editing Charges

    Any editing request outside the defined standard scope will be:

    • Quoted separately
    • Billed in advance
    • Processed only after payment confirmation

    10.10. Acceptance of Edited Work

    Once images are delivered:

    • No re-editing will be entertained after the revision window
    • Delivery of edited images indicates completion of the service
     

    Offers & Discounts Policy – Newborn Baby Photography Studio (NBPS)

    At Newborn Baby Photography Studio (NBPS), we occasionally introduce special offers, promotional discounts, and seasonal deals to provide added value to our clients. To ensure transparency and fairness, the following terms apply to all offers and discounts.

    1. General Applicability

    • All offers and discounts are subject to availability and studio discretion.

    • Offers are valid only for a limited period as mentioned in the promotion.

    • Once an offer expires, it cannot be reinstated or extended under any circumstances.

    2. Advance Booking & Payment

    • To avail any offer or discount, full or advance payment (as specified) must be completed within the offer validity period.

    • Offers are applicable only after successful payment confirmation.

    • Booking without payment does not guarantee offer eligibility.

    3. Non-Combination Clause

    • Only one offer or discount can be applied per session/package.

    • Offers cannot be combined with:

      • Any other running offer

      • Loyalty benefits

      • Referral discounts

      • Custom negotiations

    • Discounts are not applicable on already discounted packages.

    4. Scope of Discount

    • Offers and discounts apply only to the base package value.

    • The following are not included unless specifically mentioned:

      • Albums

      • Frames

      • Photo books

      • Copyright purchases

      • Outdoor/location charges

      • Travel, entry, or permit fees

      • Extra edited images or add-ons

    5. Edited Images & Deliverables

    • Discounted packages include only the deliverables mentioned in the offer.

    • No additional images, props, setups, or services are included unless clearly specified.

    • Editing style, scope, and turnaround time remain standard and unchanged, regardless of discounts.

    6. Rescheduling & Cancellation on Offers

    • Offer-based bookings follow the standard Cancellation & Rescheduling Policy of NBPS.

    • In case of cancellation:

      • Discounts applied will be voided.

      • Refunds (if any) will be calculated on the original amount paid, not on the discounted value.

    • Rescheduled sessions must be completed within the allowed time frame as per policy; otherwise, the offer will lapse.

    7. Festival & Special Event Offers

    • Festival offers (e.g., Janmashtami, Diwali, Christmas, New Year, themed mini sessions):

      • Are non-refundable and non-reschedulable

      • Operate on fixed setups, time slots, and themes

      • Do not allow customization

    • Missing a slot will result in forfeiture of the offer.

    8. Child Cooperation Clause

    • Offers do not guarantee a specific number of poses or expressions.

    • Session outcomes depend on:

      • Baby’s comfort

      • Mood and cooperation

      • Safety considerations

    • No reshoot or refund will be provided due to non-cooperation.

    9. Transfer & Adjustment

    • Offers and discounts are:

      • Non-transferable

      • Non-adjustable to another client, child, or package

    • Unused offer value cannot be converted to cash, credit, or future discounts.

    10. Studio Rights

    • NBPS reserves the right to:

      • Modify or withdraw any offer at any time without prior notice

      • Refuse an offer if the terms are not met

      • Change offer terms due to operational or technical reasons

    11. Final Acceptance

    • Proceeding with an offer booking confirms that the client has:

      • Read and understood all offer terms

      • Agreed to NBPS’s Terms & Conditions, Cancellation Policy, Copyright Policy, and Editing Policy

    • Any dispute will be subject to the Jurisdiction of Jaipur only.

    📌 Acknowledgment

    By proceeding with the booking of the Photographer’s services, the Client expressly acknowledges, understands, and agrees to abide by all terms and conditions outlined herein.
    Any non-compliance by the Client or their representatives may lead to the immediate termination of services, with no obligation of refund or deliverables from the Photographer.

    Photo shoots & Studio Visits are strictly by prior appointment only

    🕘 Studio Timings: 10:00 AM to 6:00 PM (We’re Available 7 Days a Week)

    Ask a question Or Schedule a Consultation, do Call OR Chat – 9636080641 

     

    We travel across the world to capture precious moments beautifully. Meetings on appointments only