Maxine Evans Photography - Session Policies, Terms, and Copyright
*** Effective immediately Jan 1, 2019
Due to the outbreak of the flu, infections, and colds going around I ask that you please let me know in advance if anyone in the household has been ill in the past 10 days leading up to your session date. We will have to reschedule to protect myself and keep my tiny clients safe. Clients showing up sick or with sick children will be turned away and refunds will not be issued. I'm sorry to have to put this policy in effect but it's a risk I'm not willing to take.
By booking a session with Maxine Evans Photography you agree and accept the following terms, policies, and copyright below:
Booking: A session deposit is due to hold your booking and is non-refundable. Session dates are not secured without the session deposit.
All sessions require a signed model release/baby information form prior to the session.
Print Release: Sessions include photographer's full personal print release with your digital images.
Your exclusive online gallery will be online for 10 days for viewing and ordering.
Personal photos: cameras, cell phone cameras, and camcorders are not permitted to be used in our studio or during any session.
Notice of Legal Copyright:Maxine Evans forever retains the copyright to all images. Images on this site, Facebook or any other medium may NOT be used by anyone other than Maxine Evans Photography for commercial, professional, sale, competition or promotional use without our permission. That includes but is not limited to props, products, or client likeness. Fines begin at $150,000 as part of Copyright Law. Maxine Evans Photography reserves the rights to publish images taken in your session in the form of media for social networks, website, promotion, editorial, trade, and any other lawful purposes. Please contact Maxine directly prior to booking if you're interested in purchasing the copyright.
Do Not Copy: Please do not copy screenshot, download or save any photos from our Facebook, Instagram, our Website or your gallery. If you order digital files you will receive copies specifically edited for Social Media. For all portrait orders, (print, product or digital) sales are final. Prints may NOT be copied, scanned or reproduced. Digital Image Packages will include photographers print release with suggested printing labs.
Social Media: Social Media copies of your images are THE ONLY IMAGES THAT MAY BE USED ON SOCIAL MEDIA. This is to protect your child's image from use by others and to protect our copyright. Our watermark must remain intact and images used must be tagged Maxine Evans Photography. Images purchased may not be altered with filters or cropped. Images may not be entered into contests or used for commercial purposes. Prints purchased may not be copied, scanned or reproduced in any way. This includes photographing the print and posting on social media. Images may not be reproduced by a third party artist without our expressed permission. Non-Disclosure requests must be made prior to booking.
Newborn Baby's Arrival and Session Date: It is the client's responsibility to inform Maxine Evans Photography within 24 hours of baby's birth in order to guarantee a session within the 5-10 day period. If the studio isn't advised of your baby's arrival within the first 24 hours it may result in a loss of your deposit. Clients are also required to fill out the newborn information form after baby arrives so the studio can prepare for the session accordingly. Newborn forms must be filled out no later than 4 days after birth. Failure to let the studio know of baby's birth or to fill out the information form will result in a cancellation of your session without the option of a refund or reschedule.
Session Arrival: Baby sessions should arrive at least 15 minutes prior to your session time. Newborn clients should arrive 30-45 minutes early, allowing enough time to give baby a full before we begin at the session time. Sessions do run on time and run back to back. Late arrivals will result in less session time which will result in less images. There are no refunds. Newborn and baby sessions do allow time for feeding breaks if baby needs more.
Session Times: Newborn sessions are held Mon-Sat and begin at 10am. Newborn session times are UP to 1-3 hrs depending on your package. Baby sessions are held Mon-Sat. All sessions are held by appointment only. The photographer reserves the right to finish the session in less time if the session is completed.
Misc: If you or your child is sick, please provide at least 24 hours notice. I know that emergencies occur. However, if there is no phone call and you are a no-show, all fees paid will be forfeited. Clients who arrive 30 minutes late or do not show without a call will also forfeit all monies paid.
Working with Babies and Posing: Working with babies and infants offers no guarantees, each child is his/her unique personality and each child performs/poses differently. Your baby's comfort is our main priority and baby will never be put in a position/pose that is uncomfortable for them. Newborns that are fussy due to any reason may require more soothing time than others and may result in fewer shots taken which will result in fewer images. The best time to photograph newborns is around 6-10 days new. Older babies may not sleep as well, tend to need to feed more and do not tend to pose as well. If you decide to schedule your newborn session when the baby is older than 6-10 days new and your baby is fussy or does not sleep for any reason, awake shots will be taken an may result in fewer shots taken. Posing of newborns or older babies may be modified at any time to accommodate baby's disposition, time restraints, and session preparation. In the rare case, your gallery is not completed with the number of images in your package due to any reason, stranger danger, separation anxiety, fussy/hungry/gassy/colicky/reflux baby, uncooperative sibling(s), late arrival, refunds will not be offered. If the session is held there are no refunds even if your gallery is not complete due to the above reasons.
Family and Older Siblings: Newborn and baby sessions are not family sessions. Our session is mainly focused on your baby. In order to keep the studio calm. safe and distraction-free during a 2-3 hour newborn session, older siblings/children are not permitted in the studio during our sessions. We do offer newborn session packages that include a few parent shots but the majority of your newborn session will be centered around your baby. Sessions running long due to any reason will result in fewer parent shots. Extended family will not be included in newborn sessions. Sibling shots must be discussed prior to booking and may involve an additional fee. The success of a sibling shot can depend on the overall cooperativeness of your older child. For your just day's old infant's safety, sibling shots with toddlers are not offered. Toddlers do not want to sit still next to your tiny baby and don't want any part of being photographed with their new sibling right after your baby arrives. It's a pretty confusing time for them. Again, your newborn's safety is our main priority. Also, attempting a toddler/newborn shot can be very time consuming which also will take shots away from your newborn session. Attempting shots with a toddler can also be extraordinarily stressful for already exhausted parents.
Creative License: The photographer will make all final decisions in regards to session styling, props, color, blankets, and accessories. Of course, your color preferences will be taken into consideration and accommodated. Special shot requests must be made prior to booking. Gallery image selection is done by the photographer. Raw, unedited images are not available for viewing.
Products - images, packages, prints, birth announcements, custom USB, albums and wall art are non-refundable. Orders cannot be altered or canceled once placed. Albums and birth announcements are designed by MEP, previews and edits are not available to the client. Prints or products done at outside labs are not guaranteed, color, contrast, and quality can vary greatly. Additional edits beyond original edit by photographer begin $45 per edit per image.
Payment: Session Packages are due in full prior to your due date or when baby is born (whichever comes first). As your due date approaches, you will be invoiced for your session balance. Invoices can be easily paid online. Invoices not paid by their due date or when baby arrives (whichever comes first) will result in cancellation of your session and forfeit of your deposit. Baby Sessions are due in full one week prior to your session date. Sessions booked within one week of due date or session are considered last minute; last minute booking session packages are due in full at the time of booking. Booked sessions are guaranteed the price quoted at booking. Pricing may change without notice. Due to the enormous preparation, studio and photographer’s time, deposits and session packages are non-refundable. Re-shoots are not offered and pricing is non-negotiable.
Rescheduling & Cancellations: Due to booked studio time, the enormous amount of preparation and clean up as well as the inability to fill canceled sessions at late notice; 72 hour notice is required to reschedule, otherwise you will be subject to a $300 rescheduling fee. Cancellations and no shows will result in a forfeit of all monies paid. There are no refunds. Cancellations the day of the session will result in a forfeit of all monies paid.
Illness: Please let us know if your child has experienced any illness up ten days prior to your session. As I'm sure you can understand, the welfare of the newborn babies that grace our studio is our number one priority. Maxine cannot expose herself to a sick child. If your child is sick or at any stage of a cold, for example, you are asked to give 48-hour notice to avoid a rescheduling fee. Children that are sick will not be permitted in the studio and as much as we hate to do so, will be turned away if arriving for their session with an illness. A rescheduling fee of $300 will be applied. This also includes any other person in the household that may be attending the session.
Immunization: (Non-newborn) Babies and older siblings that are not up to date or non-immunized are not permitted in the studio under any circumstances. This is out of an abundance of caution for my tiny clients and myself. No exceptions.
Waiver of liability: Client expressly releases Maxine Evans Photography and staff from all claims, damages, and liabilities that may result from incidents that occur during the portrait session and while the client is on the premises. This waiver of liability includes a waiver of any claim. The clients also agree to hold harmless Maxine Evans Photography for any damage to personal property during the session.
Backup: Client is responsible for backups of their digital files. Dropbox links will be available for 5 days for the client to download their images. There is a $50 fee for a new dropbox link after the expiration. We do attempt to keep images for one year, but faulty backups do occur.
Vendors: I am fiercely protective of my tiny clients, their likeness, and images. Images on this website or posted on Social Media may NOT be copied, downloaded, screenshot or used in any way to promote or advertise your products. This includes but is not limited to the client posting images on their social media. This policy is non-negotiable. These are tiny human beings and not props to sell your products. Please feel free to contact me if you have any questions.
Maxine Evans Photography reserves the right to refuse service to anyone.
3rd Party bookings. A 3rd party may book a session, however, under no circumstances may anyone other than the client (baby's parents) sign our contract or consent to a session. Sessions with contracts signed by a 3rd party will result in a forfeit of all monies paid and a cancellation of the session. No exceptions.
Written feedback from your session is greatly appreciated, we are always striving to offer the best experience possible for our clients. Feedback helps us understand how we can do better. Please email MEP at firstname.lastname@example.org.
VAPE or E-CIGARETTES are not permitted inside the studio.
Thank you for taking the time to read our policies and considering us to photograph your child. Maxine takes great pride in being one of the nations leading newborn and photographers. Your child will be in the best of hands.
Our client's privacy is of utmost importance, please let me know in advance if you have any non-disclosure needs. We pride ourselves in protecting the privacy of all of our clients and especially our high profile and celebrity clientele.
I am a fully licensed and insured business with your infant or baby's best interest at heart. My expertise and extensive experience in handling, posing and photographing even the tiniest of infants will give you peace of mind that your newborn will be in the very best of hands.