TERMS AND CONDITIONS

    TERMS & CONDITIONS OF PHOTOGRAPHY SERVICES

    Newborn Baby Photography Studio – Jaipur (NBPS)

    Last Updated: September 2026

    These Terms & Conditions (“Terms”, “Agreement” or “Terms & Conditions”) govern all photography services, studio visits, photoshoots, bookings, image creation, editing, delivery, storage, copyright, promotional usage and related services provided by Newborn Baby Photography Studio – Jaipur (“NBPS”, “Studio”, “we”, “us” or “our”).

    By making a booking, paying any booking amount, confirming a session, attending a photoshoot, permitting the Studio to commence photography services, or otherwise availing the Studio’s services, the Client confirms that the Client has read, understood and agreed to these Terms & Conditions.

    These Terms apply to all photography services unless a separate written agreement signed by the Studio expressly states otherwise.

    1. DEFINITIONS

    For the purposes of these Terms:

    1.1 “Studio”, “NBPS”, “Photographer”, “we”, “us” or “our”

    means Newborn Baby Photography Studio – Jaipur, including its photographers, employees, team members, assistants, editors, retouchers, contractors, authorised representatives, associates and service providers engaged by or on behalf of the Studio.

    1.2 “Client”, “you” or “your”

    means the person who makes the booking or purchases the photography services and, where applicable, includes the parent, legal guardian, family representative or authorised representative making the booking on behalf of a child or other participant.

    1.3 “Participant”

    means any person appearing in, participating in, attending or otherwise involved in the photography session, including babies, children, parents, guardians, siblings, relatives, friends, models or other persons.

    1.4 “Photographs”

    means all photographs captured during the session, including RAW files, JPEG files, previews, proofs, edited photographs, unedited photographs, selected images, rejected images, test images, behind-the-scenes images and derivative photographic works.

    1.5 “Creative Works”

    means photographs, videos, reels, composites, designs, digital artwork, advertisements, promotional material, AI-assisted creations, AI-generated elements, animations, motion graphics and other visual works created from or in connection with the photography session.

    1.6 “Booking Amount”

    means the amount specified by the Studio to reserve a particular date and time slot.

    1.7 “Session”

    means the photography session, photoshoot, event coverage, mini-session, festival session, outdoor session, home session or any other photography service booked by the Client.

    2. BOOKING & ACCEPTANCE OF TERMS

    2.1 Booking Confirmation

    A photography slot is not considered finally confirmed merely because an enquiry has been made or a tentative slot has been discussed.

    A booking shall be considered confirmed only after:

    1. the Studio confirms availability;

    2. the applicable booking/payment requirements have been communicated; and

    3. the required payment has been successfully received and acknowledged by the Studio.

    2.2 Tentative Reservations

    Any tentative or temporary reservation provided by the Studio shall remain subject to the confirmation timeline communicated to the Client.

    If the required payment is not received within the specified timeline, the Studio may release the slot and make it available to another client.

    2.3 First-Come, First-Served

    Where multiple clients are interested in the same date or time slot, availability shall be determined on the basis of successful booking confirmation and payment receipt, subject to Studio confirmation.

    2.4 Payment Confirmation

    A payment initiated by the Client but not successfully credited to the Studio shall not constitute confirmation of the booking.

    The Client is responsible for providing accurate payment details and retaining proof of payment until confirmation is received.

    2.5 No Credit

    Photography services are provided against advance/payment terms communicated by the Studio.

    The Studio does not provide credit facilities unless expressly agreed in writing.

    2.6 Taxes

    Applicable taxes, including GST where applicable, shall be charged separately unless expressly stated otherwise in the applicable package or quotation.

    3. STUDIO VISITS & APPOINTMENTS

    Photography sessions and Studio visits are strictly by prior appointment.

    Studio Timings: 10:00 AM to 6:00 PM, 7 days a week, subject to availability and prior appointment.

    Clients are requested not to arrive without a confirmed appointment.

    For consultations, package discussions or studio visits, prior scheduling is required.

    4. PAYMENT TERMS

    Payment terms may vary depending upon the photography package, offer, special session or service booked.

    Unless otherwise specified in writing:

    • The booking amount is required to reserve the slot.

    • The balance payment must be made according to the payment schedule communicated by the Studio.

    • The Studio may refuse to commence or complete services where the required payment has not been received.

    • Deliverables may be withheld until all outstanding amounts have been paid.

    • Additional services, albums, frames, extra images, advanced retouching, additional setups, location charges and other add-ons shall be charged separately where applicable.

    The package quotation, booking confirmation or written communication issued by the Studio shall form part of the commercial terms of the booking.

    5. CANCELLATION POLICY

    The Studio reserves photography dates, photographers, studio space, equipment, props, setups and other resources specifically for the Client.

    Accordingly, booking amounts are generally non-refundable and non-adjustable upon cancellation by the Client.

    5.1 Regular Sessions

    If the Client cancels a regular photography session:

    • the booking amount shall be forfeited;

    • no refund shall be provided;

    • the booking amount shall not be automatically transferred to another date or package.

    For standard bookings where a ₹500 booking amount has been specified, the ₹500 shall be treated as the cancellation charge.

    5.2 Reason for Cancellation

    The cancellation policy applies regardless of the reason for cancellation, including but not limited to:

    • personal reasons;

    • change of plans;

    • baby discomfort;

    • baby mood;

    • feeding or sleeping issues;

    • family circumstances;

    • travel delays;

    • illness;

    • weather;

    • transportation problems;

    • emergency situations; or

    • other unforeseen circumstances.

    Any exception shall be entirely at the Studio’s discretion and shall be valid only when confirmed by the Studio in writing.

    6. RESCHEDULING POLICY

    6.1 Regular Studio Sessions

    Rescheduling may be considered only for regular studio photography sessions and shall always be subject to:

    • Studio approval;

    • availability of an alternative slot;

    • availability of the required photographer/setup; and

    • compliance with the applicable rescheduling timeline.

    Rescheduling is not an automatic entitlement.

    6.2 72-Hour Requirement

    Where the Studio permits rescheduling, a request made at least 72 hours before the scheduled session may be considered for adjustment of the applicable ₹500 booking amount, subject to availability and Studio approval.

    6.3 Fifteen-Day Limit

    Where a rescheduling request is approved and the booking amount is adjusted, the rescheduled session must ordinarily be completed within 15 days of the original session date, unless otherwise approved by the Studio in writing.

    If the rescheduled session is not completed within the permitted period, the original booking amount shall be forfeited and a new booking/payment shall be required.

    6.4 Late Rescheduling

    A rescheduling request made within 24 hours of the scheduled session shall result in forfeiture of the booking amount.

    A fresh booking shall be required for any subsequent session.

    6.5 Festival / Special / High-Demand Sessions

    Festival sessions, themed sessions, mini sessions and other specially organised or high-demand sessions may have fixed dates, dedicated sets, limited slots and special arrangements.

    Unless expressly stated otherwise, such sessions are:

    • non-refundable;

    • non-reschedulable;

    • non-transferable; and

    • subject to the specific terms communicated for that campaign.

    Examples include Janmashtami, Raksha Bandhan, Diwali, Christmas, New Year and other limited-period themed sessions.

    6.6 Written Requests

    Cancellation and rescheduling requests must be communicated in writing through the official communication channel specified by the Studio.

    Verbal discussions, assumptions or informal statements shall not modify these Terms unless confirmed in writing by the Studio.

    7. BABY & CHILD COOPERATION POLICY

    The Studio specialises in newborn, baby, child and family photography.

    However, babies and children are unpredictable and their behaviour cannot be guaranteed.

    The Studio will make reasonable efforts to provide a safe, patient and comfortable environment.

    However, the Studio cannot guarantee:

    • a particular pose;

    • a particular expression;

    • a particular photograph;

    • a particular setup;

    • a particular number of successful poses;

    • sleeping photographs;

    • smiling photographs;

    • cooperation throughout the session; or

    • replication of sample photographs.

    Baby cooperation may be affected by:

    • hunger;

    • sleep;

    • mood;

    • crying;

    • discomfort;

    • illness;

    • sensitivity to lights or environment;

    • unfamiliar surroundings;

    • feeding requirements; or

    • other individual circumstances.

    The Studio may modify poses, setups or the photography approach in the interest of the baby’s comfort and safety.

    7.1 No Guaranteed Reshoot

    Where the quality, number or variety of photographs is affected by baby or child non-cooperation, the Studio shall not be required to provide a free reshoot, refund or compensation solely for that reason.

    8. CHILD SAFETY & PARENT/GUARDIAN RESPONSIBILITY

    The safety and comfort of babies and children are extremely important to the Studio.

    Parents and/or guardians remain responsible for supervising their child during the session.

    The Studio and its photographers may recommend discontinuing or modifying a pose, setup or activity if they believe that it may be unsuitable or unsafe.

    The Studio may refuse or discontinue any pose, prop, setup or activity that, in the Studio’s reasonable judgment, presents a safety concern.

    The Studio shall not be required to perform a pose or setup merely because it appears in a reference photograph or promotional material.

    9. INTELLECTUAL PROPERTY & COPYRIGHT

    All photographs and Creative Works produced by the Studio are protected by applicable intellectual-property laws.

    The Studio shall retain such copyright and intellectual-property rights to the extent provided under applicable law and applicable contractual arrangements.

    The Copyright Act, 1957 provides the statutory framework governing copyright in India, including provisions concerning ownership of copyright in commissioned photographs.

    9.1 No Automatic Copyright Transfer

    Payment for photography services and delivery of photographs do not automatically transfer copyright ownership to the Client.

    Unless expressly agreed through a separate written copyright assignment, copyright ownership shall remain with the applicable copyright owner.

    9.2 Client Personal-Use Licence

    Subject to full payment and these Terms, the Client receives a limited, non-exclusive, non-transferable, non-commercial licence to use delivered photographs for personal purposes.

    Personal use includes:

    • displaying photographs at home;

    • sharing with family and friends;

    • personal printing;

    • personal albums;

    • personal gifts; and

    • posting on personal, non-commercial social-media accounts.

    9.3 Commercial Use by Client

    The Client may not use the Studio’s photographs for commercial, advertising, promotional, resale, licensing or business purposes without prior written permission from the Studio and, where applicable, payment of the applicable commercial licensing fee.

    Commercial use includes, without limitation:

    • advertising;

    • business promotion;

    • brand promotion;

    • commercial websites;

    • business social-media accounts;

    • brochures;

    • product packaging;

    • paid campaigns;

    • third-party advertising;

    • resale;

    • licensing; or

    • use by another business or commercial entity.

    10. STUDIO PORTFOLIO, MARKETING, ADVERTISING & PROMOTIONAL RIGHTS

    The Client acknowledges that photography is a creative portfolio-based profession and that the Studio may need to display examples of its work to promote its services.

    Unless the Client has purchased an applicable Copyright Protection package described in Section 11 below, the Studio may use photographs and Creative Works created during the Client’s session for legitimate Studio portfolio, marketing, advertising, promotional and professional purposes, subject to applicable law.

    Such use may include:

    • Studio website;

    • social-media platforms;

    • Instagram;

    • Facebook;

    • YouTube;

    • Google Business Profile;

    • digital advertising;

    • paid advertising campaigns;

    • printed advertisements;

    • brochures;

    • promotional material;

    • banners;

    • sample albums;

    • studio displays;

    • exhibitions;

    • photography portfolios;

    • professional presentations;

    • workshops;

    • educational presentations;

    • industry showcases;

    • photography competitions;

    • awards and award submissions;

    • editorial submissions;

    • marketing campaigns;

    • promotional videos;

    • reels;

    • digital artwork; and

    • other legitimate promotional activities of the Studio.

    The Studio shall not be required to make any additional payment, royalty or compensation to the Client solely because an image is used for these purposes.

    11. AI, GENERATIVE AI & DIGITAL IMAGE MANIPULATION RIGHTS

    The Client expressly acknowledges that the Studio may use modern digital technologies, including artificial intelligence (“AI”), machine learning, generative AI, image-processing software, digital compositing and other technologies, to create, enhance, modify or transform photographic works, subject to applicable law.

    Such processing may include:

    • AI image enhancement;

    • AI retouching;

    • background replacement;

    • background extension;

    • environment creation;

    • object addition or removal;

    • lighting modification;

    • colour modification;

    • artistic transformation;

    • creative compositing;

    • AI-generated backgrounds;

    • AI-generated props or environmental elements;

    • creation of conceptual artwork;

    • image animation;

    • conversion of photographs into videos;

    • creation of reels;

    • motion graphics;

    • cinematic effects;

    • digital storytelling;

    • AI-assisted restoration;

    • creation of derivative creative works; and

    • other present or future forms of digital image processing.

    The Studio may use the resulting Creative Works for portfolio, marketing, advertising, promotional, competition, educational and professional purposes, subject to applicable law and any Copyright Protection package purchased by the Client.

    11.1 No Limitation to Current Technology

    The Client acknowledges that technology evolves rapidly and that the above examples are illustrative rather than exhaustive.

    The Studio may use substantially similar future technologies for legitimate purposes covered by these Terms.

    11.2 AI Does Not Mean Altering Identity for Harmful Purposes

    The Studio’s AI rights are intended for legitimate creative, artistic, advertising, portfolio and promotional purposes.

    The Studio shall not intentionally use a person’s photograph to create unlawful, defamatory, obscene or otherwise prohibited content.

    12. PHOTOGRAPHY COMPETITIONS, AWARDS & PROFESSIONAL SUBMISSIONS

    The Studio may submit photographs or Creative Works created during Client sessions to:

    • photography competitions;

    • professional awards;

    • exhibitions;

    • industry showcases;

    • photography associations;

    • educational presentations;

    • publications; and

    • professional portfolio platforms.

    Such submissions may be made for recognition, professional development, artistic presentation, education or Studio promotion.

    Where a competition requires submission of photographs, titles, descriptions, metadata or related information, the Studio may provide the material reasonably required for the submission.

    13. COPYRIGHT PROTECTION OPTIONS

    NBPS may offer separate Copyright Protection / Image Usage Restriction packages.

    These packages are additional paid services and are separate from the photography package.

    13.1 Partial Copyright Protection – ₹50,000

    Where the Client purchases and pays for the Partial Copyright Protection package and receives written confirmation from the Studio:

    • the Studio will not publish the covered photographs on its public social-media platforms;

    • the Studio may retain photographs internally for operational and reference purposes, subject to applicable law;

    • the Studio may use photographs privately for consultation/reference purposes where permitted;

    • the Studio will not publicly advertise the covered photographs through its normal public promotional channels, subject to the precise terms confirmed at purchase.

    13.2 Full Copyright / Complete Image-Usage Restriction – ₹1,50,000

    Where the Client purchases and pays for the Full Copyright Protection package and receives written confirmation from the Studio:

    • the Studio shall not use the covered photographs for public portfolio, marketing, advertising or promotional display;

    • the Studio shall not publicly submit the covered photographs for competitions or awards;

    • RAW and edited files shall be dealt with according to the deliverables specifically confirmed in writing;

    • after completion of the agreed final delivery and subject to the applicable retention/deletion policy, the Studio may delete retained copies as expressly agreed.

    13.3 Protection Must Be Purchased Before the Applicable Service

    A Client who wishes to restrict promotional use should purchase the applicable Copyright Protection package before or at the time of booking, unless the Studio expressly agrees otherwise in writing.

    A verbal request, WhatsApp message, telephone conversation or post-session objection shall not constitute purchase of Copyright Protection.

    13.4 Written Confirmation Required

    Copyright Protection shall be effective only when:

    1. the applicable fee has been paid in full; and

    2. the Studio has confirmed the purchase in writing.

    13.5 No Partial Purchase

    A Client may not selectively prohibit only certain photographs, poses or family members unless the Studio expressly agrees to such arrangement in writing.

    14. DEFAULT IMAGE-USAGE AUTHORISATION

    Unless the Client has purchased and received written confirmation of an applicable Copyright Protection package, the Client acknowledges that the Studio may use photographs and Creative Works from the session for the portfolio, marketing, advertising, promotional, competition, educational and AI-assisted purposes described in these Terms, subject to applicable law.

    The Client’s decision to proceed with the photography booking without purchasing the applicable Copyright Protection package constitutes acceptance of the Studio’s stated image-usage terms.

    This provision does not purport to waive any mandatory right or protection that cannot lawfully be waived.

    15. PERSONAL DATA, PRIVACY & CHILDREN’S DATA

    The Studio may collect and process personal information reasonably required to provide photography services, including:

    • Client name;

    • contact details;

    • booking information;

    • payment information;

    • photographs;

    • videos;

    • communications;

    • delivery information; and

    • information necessary for providing the booked services.

    The Studio shall handle such information in accordance with applicable law and its applicable privacy practices.

    15.1 Children’s Photographs

    Photographs of babies and children may constitute personal data.

    Where legally required, the Studio shall obtain the consent or authorisation required from the parent or lawful guardian for processing such personal data.

    The Digital Personal Data Protection framework contains specific safeguards for children’s personal data, including requirements relating to parental consent and restrictions concerning certain forms of processing.

    15.2 Parent / Guardian Representation

    Where a Client books a session involving a minor, the Client represents that the Client is the parent, lawful guardian or authorised representative of the minor, or has appropriate authority to make the booking and provide the applicable permissions.

    15.3 AI Processing and Third-Party Technology

    Where AI or third-party software is used for editing or creative processing, the Studio may process photographs through applicable third-party software, applications, platforms, cloud services or technology providers.

    The Studio shall use such services in accordance with applicable legal requirements and relevant service-provider terms.

    16. DATA RETENTION & STORAGE

    The Studio does not guarantee indefinite storage of photographs.

    Clients are responsible for downloading and safely backing up all delivered photographs.

    16.1 After Final Edited Delivery

    After final edited photographs have been delivered:

    • non-edited/RAW/JPG source material may be retained for up to 30 days from the date of final edited delivery;

    • after the applicable retention period, such files may be permanently deleted.

    16.2 Where Client Does Not Provide Image Selection

    If the Client does not provide the required image selection for editing despite reminders:

    • the Studio may retain the relevant data for up to 365 days from the photoshoot date;

    • after that period, the Studio may permanently delete the relevant data.

    16.3 Client Responsibility

    The Client is responsible for:

    • downloading delivered files;

    • maintaining backups;

    • checking the downloaded files;

    • storing copies safely.

    The Studio shall not be responsible for supplying files after they have been permanently deleted in accordance with this policy.

    16.4 Extended Storage

    Where available, extended storage may be purchased at ₹500 per month, subject to Studio confirmation.

    Extended storage:

    • must be paid in advance;

    • applies only for the period paid;

    • may be subject to third-party storage availability;

    • does not constitute permanent archival storage.

    If payment expires, the Studio may delete the stored material after the applicable period.

    16.5 Deleted Data

    Once data has been permanently deleted from the Studio’s systems and available backups in accordance with applicable retention practices, the Studio may not be able to recover or reproduce the deleted material.

    17. EDITING & RETOUCHING POLICY

    The Studio’s editing is an integral part of its artistic style.

    The final photographs shall reflect the Studio’s established editing approach.

    17.1 Standard Editing

    Standard editing may include:

    • colour correction;

    • exposure correction;

    • brightness adjustment;

    • contrast adjustment;

    • white-balance correction;

    • tone refinement;

    • cropping;

    • straightening;

    • minor natural skin retouching;

    • removal of temporary minor marks;

    • overall image enhancement.

    17.2 Advanced Editing

    The following may constitute advanced or special editing and may be chargeable separately:

    • major background replacement;

    • major background modification;

    • object removal;

    • removal of people;

    • addition of people;

    • body reshaping;

    • slimming;

    • posture alteration;

    • facial structure modification;

    • extensive skin alteration;

    • outfit modification;

    • outfit colour change;

    • composite images;

    • major digital manipulation;

    • extensive AI creation;

    • artistic transformation outside the standard package.

    Such requests shall be evaluated separately.

    17.3 Reference Images

    Reference images provided by Clients are intended to communicate general preferences or inspiration.

    The Studio does not guarantee an exact reproduction of another photographer’s work, pose, setup, lighting, editing style, prop arrangement or composition.

    The Studio reserves creative discretion over the final image.

    18. NATURAL RETOUCHING

    The Studio generally follows a natural-retouching approach.

    Temporary marks such as minor baby acne, scratches or temporary skin imperfections may be corrected as part of standard editing.

    Permanent characteristics such as:

    • birthmarks;

    • moles;

    • scars;

    • distinctive facial features;

    shall not ordinarily be removed unless specifically requested and accepted by the Studio.

    The Studio does not guarantee plastic-like or excessively smoothed skin.

    19. EDITING REVISIONS

    Clients are expected to review delivered images promptly.

    Where applicable, one round of minor revision may be considered for:

    • colour tone;

    • brightness;

    • contrast.

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

    Major editing changes or additional revisions may be chargeable.

    After the applicable revision period, or once the Client has approved the final editing style/delivery, the Studio may treat the project as completed.

    20. RAW & UNEDITED IMAGES

    RAW files remain part of the Studio’s working files and intellectual property.

    Unless expressly included in a separately purchased and confirmed package:

    • RAW files are not included in standard photography packages;

    • RAW files will not ordinarily be supplied;

    • unselected/unprocessed photographs are not guaranteed for delivery;

    • rejected, test or unusable photographs are not deliverables.

    Where a specific Copyright Protection package expressly includes RAW files, the terms of that package shall apply.

    21. FINAL DELIVERABLES

    The Client shall receive only the deliverables specifically included in the purchased package.

    Examples may include:

    • selected edited digital photographs;

    • prints;

    • albums;

    • frames;

    • videos;

    • reels;

    • other deliverables expressly mentioned in the package.

    Items not specifically included in the package are not automatically included.

    Additional deliverables may be purchased separately where available.

    22. IMAGE SELECTION

    Where the package requires the Client to select photographs for editing, editing shall commence only after the Studio receives the required selection.

    Delays caused by late submission of selections shall extend the delivery timeline accordingly.

    The Studio shall not be responsible for delays caused by:

    • late selection;

    • incomplete selection;

    • unclear instructions;

    • delayed approvals;

    • delayed payment; or

    • failure to respond to Studio communication.

    23. DELIVERY & COLOUR VARIATIONS

    Final digital photographs are generally delivered in high-resolution JPG format unless otherwise specified.

    Minor differences may occur between:

    • monitors;

    • mobile phones;

    • tablets;

    • computer screens;

    • printers;

    • photographic labs; and

    • other display devices.

    The Studio cannot guarantee that the colour displayed on every device or printer will be identical to the Studio’s calibrated editing environment.

    The Studio is not responsible for colour variations introduced by third-party printing laboratories or devices.

    24. ALBUMS, PRINTS & FRAMES

    Physical products such as albums, prints and frames may have separate production timelines.

    Production shall commence according to the applicable order and payment confirmation.

    Once a customised physical product has entered production, cancellation or modification may not be possible.

    Minor differences in colour, paper texture, printing and material finish may occur due to manufacturing and printing processes.

    25. OFFERS, DISCOUNTS & PROMOTIONAL PACKAGES

    NBPS may periodically introduce:

    • promotional offers;

    • seasonal discounts;

    • festival packages;

    • limited-period packages;

    • anniversary offers;

    • referral benefits;

    • special booking campaigns.

    25.1 Validity

    Every offer is valid only for the period specifically stated in the applicable promotion.

    Once expired, an offer may not be reinstated unless the Studio expressly extends it.

    25.2 Payment Requirement

    An offer is considered availed only after the required payment is successfully received within the offer validity period.

    An enquiry or tentative booking does not guarantee the offer.

    25.3 One Offer Per Booking

    Unless specifically stated otherwise:

    • offers cannot be combined;

    • discounts cannot be stacked;

    • loyalty benefits cannot be combined;

    • referral discounts cannot be combined;

    • negotiated discounts cannot be combined;

    • already discounted packages may be excluded.

    25.4 Exclusions

    Unless expressly stated, discounts may not apply to:

    • albums;

    • frames;

    • photo books;

    • copyright protection;

    • additional editing;

    • extra images;

    • outdoor/location charges;

    • travel charges;

    • entry/permit charges;

    • additional setups;

    • add-ons; or

    • other separately priced services.

    25.5 Festival & Mini Sessions

    Festival and themed sessions may have:

    • fixed dates;

    • fixed timings;

    • fixed setups;

    • fixed deliverables;

    • limited customisation;

    • non-refundable booking amounts; and

    • non-reschedulable schedules.

    The specific promotional terms shall apply to such sessions.

    26. ABUSIVE, THREATENING OR INAPPROPRIATE BEHAVIOUR

    NBPS maintains a zero-tolerance policy towards abusive, threatening, harassing or intimidating behaviour towards its photographers, employees, assistants or other team members.

    This includes:

    • verbal abuse;

    • offensive or derogatory language;

    • threats;

    • intimidation;

    • harassment;

    • aggressive behaviour;

    • physical threats;

    • deliberate interference with Studio operations;

    • abusive messages or calls;

    • discriminatory or humiliating conduct.

    Where such conduct occurs, the Studio may:

    1. pause the session;

    2. terminate the session;

    3. terminate the Client relationship;

    4. refuse further services;

    5. forfeit applicable payments; and/or

    6. take appropriate legal action where warranted.

    If a session is terminated because of Client misconduct, the Client shall not be entitled to a refund or free reshoot merely because the session was terminated.

    The Studio reserves all rights available under applicable law.

    27. STUDIO DISCRETION & CREATIVE CONTROL

    Photography is an artistic service.

    The Studio reserves reasonable creative discretion concerning:

    • camera selection;

    • lens selection;

    • lighting;

    • composition;

    • poses;

    • angles;

    • backgrounds;

    • props;

    • styling;

    • editing;

    • retouching;

    • image selection;

    • final presentation.

    A Client’s reference photograph shall not override the Studio’s professional judgment concerning safety, feasibility, lighting, composition, equipment or artistic quality.

    28. EQUIPMENT, TECHNICAL FAILURE & DATA LOSS

    The Studio takes reasonable measures to protect Client photographs and maintain operational equipment.

    However, photography involves technical equipment and digital storage systems that may occasionally experience:

    • camera malfunction;

    • memory-card failure;

    • storage failure;

    • software errors;

    • equipment failure;

    • power interruption;

    • file corruption;

    • accidental technical loss;

    • network or cloud-storage problems.

    In the unlikely event that the Studio is unable to provide the agreed deliverables because of an unavoidable technical failure or permanent data loss, the Studio’s maximum liability, to the extent permitted by applicable law, shall ordinarily be limited to the amount actually paid by the Client for the affected photography service.

    Nothing in these Terms is intended to exclude liability that cannot lawfully be excluded.

    29. FORCE MAJEURE

    The Studio shall not be responsible for delay, interruption or failure to perform caused by circumstances beyond its reasonable control, including:

    • natural disasters;

    • fire;

    • flood;

    • severe weather;

    • government restrictions;

    • public emergencies;

    • civil disturbances;

    • power failures;

    • internet failures;

    • equipment failure;

    • serious illness;

    • accident;

    • transportation disruption;

    • acts of God; or

    • other circumstances beyond reasonable control.

    The Studio may offer an alternative date or other reasonable solution where practicable.

    30. CLIENT REPRESENTATIONS

    The Client confirms that:

    1. the information supplied to the Studio is accurate;

    2. the Client has authority to make the booking;

    3. where a child is involved, the Client is the parent, lawful guardian or authorised representative, as applicable;

    4. the Client has read and understood these Terms;

    5. the Client will communicate relevant safety or medical information necessary for the safe conduct of the session;

    6. the Client will follow reasonable Studio safety instructions.

    31. THIRD-PARTY PARTICIPANTS

    Where family members, relatives, friends, guests or other participants appear in the photographs, the booking Client shall, to the extent legally applicable, be responsible for ensuring that they are aware of the applicable photography arrangements and image-use terms.

    Nothing in this provision shall override rights that cannot lawfully be transferred or waived by the Client.

    32. CLIENT USE OF DELIVERED PHOTOGRAPHS

    The Client may share delivered photographs for personal, non-commercial purposes.

    The Client shall not:

    • sell the photographs;

    • license them;

    • provide them to another business for advertising;

    • use them as commercial stock photography;

    • claim authorship of the photographs;

    • remove copyright information or watermark where prohibited;

    • substantially manipulate the photographs in a manner that falsely represents the Studio’s work;

    • use the photographs to promote another photography business;

    • use the photographs commercially without written permission.

    The Studio may request appropriate credit when photographs are publicly shared.

    33. THIRD-PARTY SOCIAL-MEDIA PLATFORMS

    The Studio may publish photographs on platforms such as Instagram, Facebook, YouTube or other online services.

    Once content is lawfully published on a third-party platform, the Studio cannot guarantee how that platform’s systems, users, sharing functions, screenshots, downloads, algorithms or third-party reposting may subsequently handle the content.

    The Studio is not responsible for unauthorised copying or redistribution by third parties after lawful publication.

    34. CLIENT PRIVACY REQUESTS

    Clients may communicate privacy-related requests to the Studio in writing.

    The Studio shall consider such requests in accordance with:

    • applicable law;

    • the Client’s contractual rights;

    • any Copyright Protection package purchased;

    • the stage of publication or production;

    • the Studio’s legal rights;

    • applicable data-retention requirements.

    A request received after lawful publication, printing, competition submission or completion of a campaign may not always be capable of being fully reversed.

    The Studio may, where reasonably practicable and legally appropriate, consider prospective restriction of future use.

    35. NO GUARANTEE OF PUBLICATION

    Although the Studio may have rights to use photographs for portfolio, marketing or promotional purposes, the Studio is not obligated to publish any particular photograph.

    The Studio shall have sole creative discretion regarding:

    • which photographs are selected;

    • where they are displayed;

    • how they are edited;

    • how they are presented;

    • whether they are submitted to competitions;

    • whether they are used in advertisements.

    36. COMMERCIAL LICENSING BY CLIENT

    Where a Client wishes to use Studio photographs commercially, the Client must contact the Studio for a separate commercial licence.

    Commercial licensing may be subject to:

    • intended use;

    • duration;

    • geographic territory;

    • media;

    • advertising budget;

    • exclusivity;

    • number of photographs;

    • campaign scope; and

    • applicable licensing fees.

    Commercial permission shall be valid only when confirmed in writing.

    37. COPYRIGHT ASSIGNMENT

    Copyright ownership shall not be transferred to the Client merely because the Client has purchased photography services.

    Any assignment or transfer of copyright must be expressly documented in a separate written agreement.

    Such agreement may specify:

    • the photographs covered;

    • rights transferred;

    • duration;

    • territory;

    • exclusivity;

    • permitted uses;

    • RAW-file delivery;

    • fees; and

    • any other applicable conditions.

    38. NO IMPLIED WAIVER

    Failure by the Studio to immediately enforce any provision of these Terms shall not constitute a waiver of the Studio’s right to enforce that provision later.

    39. SEVERABILITY

    If any provision of these Terms is held to be invalid, unlawful or unenforceable by a competent authority, that provision shall be modified or limited to the minimum extent necessary, and the remaining provisions shall continue to operate to the extent permitted by law.

    40. MODIFICATION OF TERMS

    The Studio may update these Terms & Conditions from time to time to reflect:

    • changes in services;

    • operational requirements;

    • technology;

    • applicable law;

    • privacy requirements;

    • business practices; or

    • new photography services.

    The Terms applicable to a particular booking shall ordinarily be the version communicated or made available at the time of booking, unless a later change is required by applicable law or expressly agreed between the parties.

    41. GOVERNING LAW & JURISDICTION

    These Terms shall be governed by the laws applicable in India.

    Subject to any mandatory jurisdiction available to a consumer under applicable law, disputes shall be subject to the jurisdiction of the competent courts and authorities having jurisdiction in Jaipur, Rajasthan.

    Nothing in this clause is intended to restrict any mandatory statutory remedy or jurisdiction available to a consumer under applicable law.

    42. LIMITATION OF LIABILITY

    To the maximum extent permitted by applicable law, the Studio shall not be liable for indirect, incidental, consequential or speculative losses arising from circumstances beyond the Studio’s reasonable control.

    Where the Studio is legally liable for a service-related claim, its liability shall ordinarily be limited to the amount actually paid by the Client for the affected service, except where such limitation is prohibited by applicable law.

    Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

    43. COMPLETE AGREEMENT

    These Terms & Conditions, together with:

    • the applicable photography package;

    • quotation;

    • booking confirmation;

    • payment terms;

    • Copyright Protection agreement, where purchased;

    • written add-on confirmation; and

    • other written terms expressly agreed by the Studio,

    constitute the agreement governing the Client’s booking.

    In the event of an inconsistency, a specific written agreement expressly signed or confirmed by the Studio shall prevail over a general provision of these Terms to the extent of that inconsistency.

    44. CLIENT ACKNOWLEDGEMENT & ACCEPTANCE

    By proceeding with a booking, making payment, attending the photography session or allowing the Studio to commence photography services, the Client confirms that:

    • the Client has read these Terms & Conditions;

    • the Client understands the photography and payment policies;

    • the Client understands the cancellation and rescheduling policy;

    • the Client understands the copyright and image-usage policy;

    • the Client understands that the Studio may use photographs for promotional purposes unless applicable Copyright Protection has been purchased;

    • the Client understands the AI and digital creative-use provisions;

    • the Client understands the data retention policy;

    • the Client understands that baby/child cooperation cannot be guaranteed;

    • the Client accepts the Studio’s creative and editing discretion; and

    • the Client agrees to be bound by these Terms & Conditions.

    45. CONTACT & OFFICIAL COMMUNICATION

    All cancellation, rescheduling, privacy, copyright or other formal requests should be communicated through the official contact details provided by NBPS.

    Newborn Baby Photography Studio – Jaipur

    Phone / WhatsApp: 9636080641

    Studio Visits: By prior appointment only

    Studio Timings: 10:00 AM to 6:00 PM, 7 days a week

    The Studio may update its contact information from time to time through its official website.

    IMPORTANT LEGAL NOTICE

    These Terms & Conditions are intended to establish the commercial, copyright, image-use, privacy, editing, storage and operational terms applicable to photography services provided by Newborn Baby Photography Studio – Jaipur.

    Nothing contained herein shall be interpreted as excluding, restricting or waiving any mandatory right, statutory protection, remedy or legal requirement that cannot lawfully be excluded, restricted or waived under applicable Indian law.

    Where any provision requires consent, authorisation or verification under applicable privacy or data-protection law, the Studio shall obtain or implement the same in the manner required by law.