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Terms & Conditions

Effective Date: 1 October 2025

By booking a session or purchasing any work from Black and White Baba (BWB), the client agrees to the following terms and conditions.

1. License Granted to Client: A “License” is granted upon verbal confirmation, signed agreement, or invoice for services rendered. The Photographer retains copyright in all photographic works (digital, analog, prints, or any other form). The client is granted a non-exclusive license to use the images for personal purposes, including display, sharing on social media, or personal use, unless otherwise agreed in writing. Images may only be sublicensed to third parties or advertisers if explicitly approved by BWB. Photographer retains the right to use the images for: Exhibitions, competitions, and awards. Promotion of BWB work online, in print, or in galleries. Marketing, advertising, or any other business-related use, including social media.

2. Conditions of License The license begins upon full payment of the invoice unless stated otherwise. The license is non-transferable without BWB’s prior written approval. Clients must store all digital files safely, following data protection standards.

3. Copyright Copyright remains with Black and White Baba unless otherwise assigned in writing. Clients may request additional licenses for commercial or extended use for an agreed fee.

4. Copyright Assignment Where copyright is explicitly assigned, the client assumes responsibility for all model releases, privacy, and moral rights waivers. The client indemnifies BWB against any liability arising from use of assigned copyright material.

5. Moral Rights Attribution must be given when images are shared publicly unless waived in writing. Failure to provide attribution may result in a Non-Attribution Fee of 200% of the session invoice, as a pre-estimate of loss.

6. Digital Works Clients must not copy, alter, or redistribute works without written permission. Metadata and copyright notices must remain intact. BWB is not liable for lost or corrupted client backups; clients are responsible for securing their own copies.

7. Payment Payment terms are as stated in the invoice. Overdue payments may accrue 2.5% interest per month.

8. Job-Related Expenses Clients reimburse BWB for all agreed expenses (travel, props, assistants). Any materials or tools remain property of BWB unless explicitly agreed otherwise.

9. Urgent Work For time-sensitive projects, BWB is not liable for losses due to inability to reshoot or correct images. Clients must allow sufficient time for delivery.

10. Changes, Cancellation & Postponement Estimates are indicative; changes in brief may alter fees. Cancellations: Within 1 working day: 100% fee payable 1–3 days prior: 50% fee payable 3–7 days prior: 25% fee payable Postponements: Within 1 working day: 50% fee More than 1 day: 25% fee Clients must cover all job-related costs already incurred.

11. Client Responsibilities Provide accurate information and ensure timely attendance. Obtain all necessary model releases for participants. Inform BWB of any confidential material or sensitive circumstances.

12. Contractors Clients are responsible for payments to third-party contractors (assistants, makeup artists, stylists). BWB may act as an agent for contractors at the client’s request; all costs will be billed to the client.

13. Intellectual Property & Indemnity Clients indemnify BWB against claims for copyright infringement or unauthorized use of third-party materials. Clients must secure clearance for any intellectual property included in commissioned work.

14. Property Supplied by Client All client materials are held at the client’s risk. Any unclaimed materials after 6 months may be disposed of by BWB.

15. Quality & Artistic Interpretation Clients accept BWB’s professional judgment regarding style, composition, and artistic interpretation. Disputes over artistic interpretation may be referred to a mutually recognized photography association.

16. Weather & Location Weather-permitted bookings must be agreed in advance. BWB is not liable for delays or costs due to weather or transportation issues.

17. Liability BWB is not liable for indirect, consequential, or profit loss arising from sessions. Maximum liability is limited to the value of the invoice paid.

18. Governing Law These terms are governed by the laws of India. Disputes will be resolved under the jurisdiction of courts in Bengaluru, India.

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