Terms and Conditions
A- Session Fees
B- Location Costs & Fees
C- Rescheduling
D- Re-shoots and Refunds
E- Archive
F- Payment
G- Damage
H- Minor/Model Release
I- Liability
J- Copyright & Penalty
K- Image Delivery and Sneak Peek
L- Non Disclosure
M- Device Use/No photographing or recording during your session
N- Scheduled Session Time/Time Management of Client
O- Prop/Equipment/Property Damage
P- Known Illness and Disease
Q- Package discounts and scheduling
R- Meal Breaks
S- Extensive Retouching
T- Masks and Safety
U- Gift Certificate Terms and Conditions
A. Session Fees
The client agrees to pay the photographer a retainer at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The remaining balance is due on or by the date of your session before any services are rendered.
The session fee covers the time and talent of the photographer, basic retouching, and creative editing of images - as determined by the photographer, and images (a typical gallery is 30 images, and more may be purchased separately). Additional editing is available at an additional expense to be determined by the photographer.
*Mini sessions are due in full at the time of booking to reserve your session. If a mini session payment is not received within 24 hours of receiving the invoice, you will forfeit your time slot.
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment at any location. The creative fee covers travel within 30 minutes of Muncie, Indiana. Any location outside these limits will be subject to an additional charge of $.65./mile as part of the agreement.
C. Rescheduling
If an illness or situation prevents a photo session from taking place, the client may reschedule their session at least 24 hours prior to their shoot without penalty. Should the client fail to give 24 hours' notice, or decide to completely cancel the shoot, the full session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
D. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair, or weather-related issues, or for not following the recommendations of the photographer.
E. Archive
After twelve (12) months, all images will be purged from the photographer’s hard drive, except as needed for promotional purposes, to be determined by the photographer at the photographer’s sole discretion. The photographer is not responsible for loss or damage to the digital files due to circumstances beyond the photographer’s control.
F. Payment
All payments are due in full unless payment arrangements/plans have been made. Orders will not be processed until payment in full is received. If the client has arranged a payment plan, the order will be placed after the final payment has been received. Due dates for retainers and full payment are outlined in each invoice.
G. Damage
The photographer is not responsible for the damage of portraits after delivery to the client, including damage caused during transit by US mail. The client assumes all responsibility for the safety of all portraits upon receipt.
H. Model Release
I hereby give to Amanda Hakes of Betty and Bobby Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish, and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and; I hereby release and discharge the photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
I. Liability
The photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release the photographer from any claims against their person or their business.
J. Copyright & Penalty
Betty and Bobby Photography retain 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 up to the designated size listed on the print release. The print release does not allow publication of your portraits (i.e. entering contests), selling, or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Betty and Bobby Photography during the client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If the client steals images via any method listed above, or any other method, the client will be invoiced for the cost of EACH digital image client has stolen, at the photographer’s current price per digital file.
K. Image Delivery and Sneak Peek
A social media sneak peek will be posted within one week of your session. These images will be watermarked to protect us as a business and you as a client. The client's full online gallery will be available within three weeks of the session. High-resolution digital images will be available to download directly to your device from the gallery online. Betty and Bobby Photography subscribe to Shoot Proof for your privacy and convenience.
L. Non-Disclosure Clause
You may not disclose any discounts, vouchers, or sales to anyone. If you disclose a discount or offer to anyone you will be liable to pay the difference to Betty and Bobby Photography immediately.
M. No photographing or recording during your session
*No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless a prior arrangement has been made between the client and the photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.
N.Scheduled Session
The session starts at the agreed-upon time. If you are late for your session you will forfeit that time. The photographer will not go over your time block to compensate for the late start.
O. Prop/Equipment/Property Damage
The client is responsible for any damage caused by themselves or a minor to any props, equipment, and/or property. An invoice for replacement will be sent to the client for the full amount. Children must be supervised at all times.
P. Time management of client:
The photographer is not responsible for the poor time management of the client. If the client is behind on schedule then cuts to the original photography timeline adjustments will be made. Please be advised that we recommend allowing 5 minutes per family grouping and 10 minutes for groupings of ten people or more for weddings. It takes a lot of time to organize and pose that many individuals.
Your session starts at the agreed-upon time. It is strongly encouraged that the client arrives 10 minutes prior to the start of the session. This allows for any last-minute feeding, changing, and relaxing before the session begins. If you are late for your session you will forfeit that time. If a client is more than 30 minutes late for a session, the photographer may leave and photography services will be considered fully rendered. If the photographer leaves after the client doesn't arrive after 30 minutes, the session will not be refunded, rescheduled, or otherwise. Wedding services are by the hour. Photography services will cease at the end of the agreed time frame.
Q. Known Illness and Disease.
Unfortunately, due to the nature of my job, I cannot move forward with a scheduled session if myself, you, or your child is sick. Newborns and other babies use my studio space and it’s important to prevent any known illnesses from coming into the studio or spreading to me while working with them. I work with babies as small as a week old as well as children with compromised immune systems.
Please reschedule your appointment if you or any member of your party is sick, has been sick, or is in close proximity to someone who is sick within the last 24 hours. If you show up to your session without disclosing that your child is sick and they are visibly ill, your session will cease immediately without a refund or reshoot.
R. Package discounts and scheduling.
Clients who have booked a package, such as “Grow With Me”, must initiate scheduling sessions with the photographer on their end. The photographer is not responsible for reaching out and scheduling sessions within the allotted time frame. If the client books a milestone session (3, 6, 9 months, and cake smash) then the session must take place within four weeks of the baby's milestone age. Sessions skipped may not be used for another session in the future. if the client forgets to schedule a 3-month session and wants to use it three months later for a family session, we will decline. The same goes for all other packages (ie, bulk minis and others). The sessions purchased as a package must be used as outlined in the quote/invoice and may not be exchanged.
S. Extensive Retouching
Editing out food on the face, stains, or runny noses is considered extensive retouching and is available at an additional expense to be determined by the photographer.
R. Masks and Safety
The photographer will accommodate a mask request for any session. The photographer reserves the right to require masks for any session. We ask that shoes are removed inside the studio to limit germs since we have toddlers crawling around.
The studio and workspace are cleaned and sanitized between sessions using cleaners used in the NICU, Lysol, and antimicrobial materials.
U. Gift Certificate Terms and Conditions
These Terms and Conditions apply to Gift Certificates and govern the relationship between Betty and Bobby Photography/Betty Boudoir & Gift Certificate Puchaser/Holder. Purchase/use of your Gift Certificate will constitute acceptance of these Terms and Conditions. These Terms and Conditions override any statements on your Gift Certificate if they are different. You must therefore read them carefully. If there is anything you do not understand, please contact us atbettyandbobbyphotography@gmail.com or 765-748-4246.
Your Gift Certificateis issued by and remains the property of, Betty and Bobby Photography/Betty Boudoir. It must be kept in a safe place and presented at the time of scheduling your photo session (either by phone picture or in person) to receive the benefits of this Gift Certificate. All photo sessions must be scheduled at least 2 weeks in advance, and based on photographer availability.
Using your Gift Certificate: You may redeem your Gift Certificate atwww.bettyandbobby.comor by calling Amanda at 765-748-4246. When you use your Gift Certificate the amount of your purchase will be deducted from the balance on the Certificate. The remaining balance may be applied to future purchases. Your Gift Certificate is not a credit Certificate, charge Certificate, or debit Certificate. You may not exchange your Gift Certificate for cash. Refunds will not be given for the purchase of a Gift Certificate. We reserve the right to refuse to accept Gift Certificates which we believe may have been stolen or obtained in another illegal way.
Expiration & Cancellation: There is an expiration period of one (1) year from the date of issuance, applied to your Gift Certificate. However, we reserve the right to cancel your Gift Certificate if we suspect it is being used fraudulently or in breach of the following Terms and Conditions.
Loss, Theft, Damage: You should take great care of your Gift Certificate and store it in a safe place until the time of your photo session with Betty and Bobby Photography/Betty Boudoir. We are not responsible for lost or stolen Certificates. You should immediately report any loss, theft, fraud, or unauthorized use of your Gift Certificate to us atwww.bettyandbobby.com.If you lose your Gift Certificate or it is stolen or damaged, we may, at our sole discretion, replace your Gift Certificate and transfer the balance stored on it to a replacement Certificate. Circumstances in which we may determine not to replace your Gift Certificate include where we reasonably believe that the notified incident has been caused by your breach of these Terms and Conditions or where there are reasonable grounds for suspecting that you are or have been engaged in fraudulent or other unlawful conduct. If we agree to replace your Gift Certificate, a replacement Certificate will be delivered to your home address, usually within 7-10 business days of you first notifying us of the incident, and giving us your contact information. We reserve the right to charge a replacement Certificate fee of $20.00, for each replacement Certificate, if you are issued with more than two replacement Certificates within any 6 months. If you subsequently find or retrieve a Gift Certificate that you have reported lost or stolen, you must notify us immediately.
Resale/Use in Promotions: You may not sell your Gift Certificate. Gift Certificates may not be used in sales or promotional activities including giveaways or prizes in competitions without our prior consent. We reserve the right to cancel any Gift Certificate that we suspect has been resold or obtained in connection with an unauthorized sales or promotional activity.
Customer Services: If you need assistance or if you have any inquiry relating to your Gift Certificate, you can use the Contact Us facility atwww.bettyandbobby.comor email: bettyandbobbyphotography@gmail.com, or by phone at 765-748-4246.
Data Protection and PrivacyWhen you use a Gift Certificate you will be asked to provide certain personal information, including your name, address, and contact details, as well as signing a contract regarding your photo-session. We are committed to maintaining the security of your personal information by the requirements of the Data Protection Act and will take all reasonable steps to ensure that your data is kept secure against unauthorized access, loss, disclosure, or destruction.
Liability: Betty and Bobby Photography and Betty Boudoir shall not be liable for any loss or damage arising from or in connection with your use of a Gift Certificate, where such loss or damage arises from any cause beyond our reasonable control. Where any loss or damage arises from a cause within our control, our liability to you shall not exceed a sum equal to the balance on your Certificate, as of the date that such loss or damage occurs. This clause shall not exclude or limit any liability that cannot be excluded or limited by law.
Variation: We reserve the right to amend or waive any provision of these Terms and Conditions from time to time or to terminate the Gift Certificate service on reasonable notice. The Terms and Conditions applicable to the use of a Gift Certificate shall be at any time the terms and conditions published on www.bettyandbobby.com and your continued use of a Gift Certificate shall constitute your acceptance of such terms and conditions.
Assignment: If we assign the benefit of these Terms and Conditions to another company, your rights will not be affected.
REDEMPTION: Gift certificates are issued for redemption by the client, to Betty and Bobby Photography/Betty Boudoir in exchange for professional photography services or print products, at a time and place agreed upon and confirmed by the client and Betty and Bobby Photography/Betty Boudoir. Photo sessions are by appointment only, subject to photographer availability. All Gift Certificates do not include specific times and/or dates and are limited by location to within 30 minutes of Muncie, Indiana unless otherwise agreed upon by the client and Betty and Bobby Photography/Betty Boudoir. Studio sessions (indoors) or locations that require permits, may incur additional fees above the certificate amount, which may be paid by the client. Gift certificates cannot be redeemed for cash or returned for a cash refund, and cannot be replaced if stolen. Cannot be redeemed used or redeemed toward previous purchases or redeemed to purchase other gift certificates, cannot be resold, and is not refundable. Betty and Bobby Photography/Betty Boudoir is not responsible for stolen gift certificates and retains the rights to close customer accounts and request alternate forms of payment if a fraudulently obtained gift certificate is redeemed and/or used to make a purchase. Any purchase exceeding the value of a gift certificate requires the balance to be paid with a valid credit card, cash, or check, to complete the transaction, and receive any additional print products or services not covered by the Gift Certificate. Betty and Bobby Photography/Betty Boudoir can provide gift certificate purchasers with information about the redemption status of gift certificates by request.
Expiration: Gift certificates issued by Betty and Bobby Photography/Betty Boudoir are good for one year from the date of issuance/purchase and must be redeemed in full within the valid period. Any unused balance will not be refunded or credited upon expiry. The gift certificate must be shown (either by phone picture, email, or in person) when making a booking to verify that you are the gift certificate holder. All bookings will require a signed contract at the time/date of booking by Betty and Bobby Photography/Betty Boudoir and the client. If the gift certificate cannot be verified, due to the loss by a client of the gift certificate, or proof of certificate holding cannot be obtained, the client then forfeits the gift certificate, and Betty and Bobby Photography/Betty Boudoir are not held responsible for any amount/services listed on the lost gift certificate.
Photography Contract Required: All gift certificate holders must sign a legally binding photography contract with Betty and Bobby Photography/Betty Boudoir before any photography or print services will be administered. Without a contract signed, the gift certificate holder does not have the rights to any services provided by Betty and Bobby Photography/Betty Boudoir, and does not have the right to use the gift certificate in exchange for any Betty and Bobby Photography/Betty Boudoir photography or print services, or for any monetary refunds.
Cancellation: Gift certificates may be canceled by Betty and Bobby Photography/Betty Boudoir, if after issue, any information supplied at the time of purchase is untrue or inaccurate, or if payment is declined or incorrect cardholder details and/or billing information has been supplied.
Missed Appointment: Your gift certificate entitles you to a single photo-session booking and will be forfeited if you do not attend your appointment. All print credit will be forfeited as well. Rescheduling, and carrying over your gift certificate and security deposit may be considered where (1) more than 48 hours' notice is given and only if there is a genuine reason beyond your control or (2) if a substitute appointment is available. Any such rescheduling is entirely at the sole discretion of Betty and Bobby Photography.
Refusal of Service: Betty and Bobby Photography may refuse service where the provision of services would, in our opinion, negatively affect the workplace rights, safety, or well-being of our Staff or Clients, or cause an unreasonable disruption to our normal operations. This includes any issues of abuse or disrespect (whether emotional or physical) by clients towards any of our Betty and Bobby Photography/Betty Boudoir staff members. If this happens, then the gift certificate, print credit, and any other offers pertaining to the gift certificate will be forfeited and withdrawn from client use, and the client will not hold Betty and Bobby Photography/Betty Boudoir, its staff members, and heirs liable in any way for the amount of gift certificate. If you are refused services due to the issues stated above, you then forfeit any rights to the gift certificate, photo session & print credit offered.
All Rights Reserved: Betty and Bobby Photography/Betty Boudoir reserves the right to amend these gift certificate terms and conditions from time to time, at our sole discretion. In the event of any dispute, the decision of Betty and Bobby Photography/Betty Boudoir is final. All terms and conditions apply to the extent permitted by Indiana state law.
Photographer recommendations to ensure a great session:
Do not bring any children not being photographed to the session.
Ensure hair is combed and face is clean and free of runny noses or eyes.
Avoid eating or drinking red or orange food or drinks before the session, as red and orange tend to leave a stain on the face.
Safety, kindness, and inclusiveness are our core values at Betty and Bobby Photography