These Terms of Service are effective on March 11, 2020. In the following terms of service described the agreement and entire understanding between "MIA BEACH PHOTOGRAPHY" SB Development LLC (further defined as a "Photographer") and the Client. These Terms of Service cannot be varied or changed in any way by Client(s) unless it was written and signed by all parties involved. MIA BEACH PHOTOGRAPHY reserves the right to update and change the Terms of Service by posting updates and changes to the MIA BEACH PHOTOGRAPHY website. You are advised to check the Terms of Service periodically for any updates or changes that may impact you. If you do not accept such amendments, you must agree to not use the service. You may review the current version of the Terms of Service at any time at https://miabeachphotography.com/terms.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in this Terms of Service, including Privacy Policy before you may sign up, book or use any MIA BEACH PHOTOGRAPHY service.
All Package costs are as stated at the time of booking and will remain once booking is confirmed. The deposit is due at the time of booking and is non-refundable. The remaining balance is due the day of the photoshoot.
1. The deposit paid at the time of booking is non-refundable.
2. Client will not receive any refunds once the photographs have been taken or services initiated.
3. Your cancellation will not be deemed terminated, approved, nor any refunds issued without expressed written consent from MIA BEACH PHOTOGRAPHY approving the cancellation.
4. All approved cancellations will be refunded to the original authorized payment method.
5. Once a client is 15 minutes or more late for their appointment, they will be recorded as a no-show and will not be able to reschedule or receieve a refund of their deposit.
1. The Photographer may choose to reschedule or cancel the photoshoot based on circumstances which include but are not limited to: bad weather conditions, acts of God, nature, war, epidemics, terrorism, civil disturbance.
2. Depending on availability of the Photographer, the Client may not be able to reschedule the photoshoot.
3. If Client is unable to reschedule the photoshoot, Client will receive a full refund issued to the original payment method.
In the very unlikely event of cancellation by the Photographer or in case of total photographic failure due to emergency or any other cause beyond Photographer's control, liability will be limited to a full refund of the booking payment. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged without fault on the part of the Photographer. Accordingly, the parties agree that, in no event will Photographer's liability exceed the amounts Client paid to the Photographer under this agreement.
The Photographer owns the copyright to all images created during the photoshoot. The Photographer retains the rights in all cases to use the Images to include but not limited to Photographer's self-promotions, advertising, portfolio, editorial use.
Photographer will honor requested photographs but does not guarantee any specific photographs. Client acknowledges that she/he has viewed examples of previous work and is satisfied with the overall style of photography that is presented. Client understands that differences in locations, weather, background, subjects and lighting allow for variations in the final outcome of the photoshoot. Due to a variety of lighting conditions, some colors may alter throughout a set of photographs. Photographer reserves the right to artistically interpret how to photograph a scene and edit images.
All digital negatives (untouched, uncompressed RAW image files) remain the property of the Photographer. Unless otherwise agreed in writing, the RAW images are not being released to Client.
Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability. Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
