terms and Conditions
Last Updated: September 20, 2026
M by Michaela Photography is operated by Ndstry Cre8tives LLC, doing business as M by Michaela Photography (“M by Michaela Photography,” “we,” “us,” or “our”). We are a South Florida photography business providing wedding, engagement, branding, corporate, portrait, maternity, family, event, milestone, commercial, and other photography services.
These Terms & Conditions (“Terms”) govern your access to and use of the M by Michaela Photography website, [www.mbymichaela.com](http://www.mbymichaela.com), and related online services, content, and features (collectively, the “Website”).
By accessing or using the Website, submitting an inquiry, submitting content, or otherwise interacting with the Website, you agree to these Terms. If you do not agree with these Terms, please do not use the Website.
These Terms govern your use of the Website. Photography services booked with M by Michaela Photography are additionally governed by a separate written photography agreement.
1. ELIGIBILITY & WEBSITE USE
You must be at least 18 years old, or have the involvement and authorization of a parent or legal guardian where appropriate, to enter into agreements for services.
You agree to use the Website only for lawful purposes and in accordance with these Terms.
You may not use the Website for unlawful, fraudulent, abusive, or unauthorized purposes. You may not attempt to gain unauthorized access to the Website, its systems, accounts, or data. You may not interfere with the operation, security, or functionality of the Website. You may not upload or transmit viruses, malware, or other harmful material. You may not use automated systems to scrape, copy, download, or collect Website content without our written permission. You may not misrepresent your identity or your relationship with M by Michaela Photography. You may not use our photographs, written content, branding, or other creative materials without appropriate authorization. You may not use the Website in a manner that infringes the rights of M by Michaela Photography or another person or business. You may not use information obtained through the Website for unlawful or unauthorized purposes.
You are responsible for your use of the Website and for any information you submit through it.
2. THE WEBSITE & PHOTOGRAPHY SERVICES
M by Michaela Photography provides professional photography services primarily throughout South Florida and may travel for clients, events, assignments, and destination sessions.
Services may include weddings and elopements, engagement sessions, branding photography, corporate photography, headshots, portrait sessions, maternity sessions, family photography, milestone sessions, baby showers, birthdays, graduations, corporate and private events, destination photography, commercial photography, lifestyle photography, editorial-style photography, and other photography services offered by M by Michaela Photography.
The Website may contain information about services, collections, pricing, availability, portfolio work, blog content, promotions, and other business information.
We may update, modify, add, or discontinue services, packages, features, pricing, promotions, or Website content at any time.
We make reasonable efforts to keep Website information accurate and current, but we do not guarantee that all information will always be complete, current, accurate, or error-free.
Website pricing, package descriptions, availability, turnaround times, and service descriptions are provided for general informational purposes and do not create a guarantee that a particular service, date, location, photographer, package, or price will be available.
A signed photography agreement controls the specific services and terms applicable to a booked photography assignment.
3. INQUIRIES, BOOKINGS & THIRD-PARTY SERVICES
You may contact M by Michaela Photography through inquiry forms, email, social media, booking tools, or other communication methods made available through the Website.
Submitting an inquiry does not guarantee availability and does not create a client relationship or reserve a date.
A photography service is officially booked only after the applicable photography agreement has been completed and the required retainer or payment has been received and accepted.
The Website may connect you with or rely upon third-party services used to operate our business, including payment processing, client galleries, scheduling, forms, website hosting, email, analytics, social media, and other business tools.
Your use of third-party services may also be subject to the individual terms, policies, and privacy practices of those third parties.
We are not responsible for the availability, functionality, security, policies, or practices of third-party services outside of our reasonable control.
You are responsible for providing accurate and complete information when submitting an inquiry, booking request, questionnaire, or other information.
4. YOUR CONTENT & CLIENT INFORMATION
You may voluntarily provide information or materials to M by Michaela Photography through the Website or in connection with our services, including names, contact information, event details, business information, session details, questionnaires, testimonials, reviews, photographs, and other materials (“User Content”).
You retain ownership of User Content that you own, except where ownership or usage rights are expressly addressed by a separate written agreement.
By submitting User Content, you represent that you have the legal right and appropriate permission to provide the content, that the content does not knowingly violate another person's rights, that your submission does not infringe copyright, trademark, privacy, publicity, or other rights, and that you have obtained any permissions or consents required from other individuals whose information, photographs, or materials you provide.
You understand that information submitted through the Website may be processed and stored by M by Michaela Photography and/or third-party service providers used to operate the business.
Our collection, use, storage, and disclosure of personal information are described in our Privacy Policy.
Submitting information or materials through the Website does not automatically grant M by Michaela Photography unlimited rights to use a person's likeness or photograph for advertising or other commercial purposes. Where appropriate, separate consent, a model release, photography agreement, or other written authorization will govern such use.
5. ACCEPTABLE USE
You agree not to use the Website or its content in a manner that violates any applicable law or regulation, is fraudulent, deceptive, abusive, threatening, or harassing, attempts to gain unauthorized access to the Website or related systems, introduces malware, viruses, malicious code, or other harmful material, interferes with Website functionality or security, attempts to reverse engineer or improperly reproduce Website technology, scrapes, copies, downloads, reproduces, or republishes Website content without permission, misrepresents your identity or affiliation with M by Michaela Photography, infringes another person's intellectual property, privacy, publicity, or other legal rights, uses our photographs, branding, written content, or other intellectual property without authorization, uses our creative work to create competing commercial materials without written permission, or uses our photographs or other creative work for artificial intelligence or machine-learning purposes without authorization.
We reserve the right to restrict or terminate Website access when reasonably necessary to protect our business, Website, clients, service providers, or other users.
6. CLIENT & PHOTOGRAPHY RELATIONSHIPS
M by Michaela Photography provides photography services directly to individuals, couples, families, businesses, organizations, event professionals, and other customers.
Once photography services are booked, the relationship between M by Michaela Photography and the client is governed by the applicable photography agreement, proposal, invoice, and/or other written agreement.
These Website Terms do not replace or supersede the terms of a signed photography agreement.
A photography agreement may address matters including services and coverage, pricing and payment schedules, retainers, cancellation and postponement, rescheduling, image delivery, retouching, copyright, image licensing, commercial usage, portfolio usage, model releases, AI use and image manipulation, travel and travel fees, event requirements, client responsibilities, photographer responsibilities, image storage and delivery, and other service-specific terms.
If there is a conflict between these Website Terms and a signed photography agreement concerning commissioned photography services, the applicable signed photography agreement will control for those services.
7. PAYMENTS & STRIPE
M by Michaela Photography may use Stripe and other third-party payment processors to process payments.
When you make a payment, you authorize the applicable payment processor to process the transaction using the payment information you provide and in accordance with its applicable terms and policies.
M by Michaela Photography does not intentionally collect or store complete credit card numbers or security codes on its own systems when payment processing is handled by a third-party payment processor.
Payment information may be collected, processed, and stored by Stripe or another payment provider in accordance with that provider's applicable policies.
Payment terms, including retainers, balances, payment deadlines, cancellation fees, refunds, credits, and other financial obligations, are governed by the applicable photography agreement, invoice, proposal, or other written agreement.
If you believe you were charged incorrectly, please contact M by Michaela Photography so that we have an opportunity to review the matter before initiating a payment dispute or chargeback whenever reasonably possible.
8. OUR INTELLECTUAL PROPERTY & AI USE
All photographs, videos, graphics, logos, branding, website design, written content, blog posts, portfolio materials, marketing materials, social media content created by us, and other original creative works displayed or made available through the Website are owned by, licensed to, or otherwise controlled by M by Michaela Photography and/or Ndstry Cre8tives LLC, unless otherwise stated.
Our photographs and other creative works may be protected by applicable copyright, trademark, intellectual property, and other laws.
Accessing the Website or viewing our work does not transfer ownership or grant you a license to reproduce, modify, distribute, sell, license, publish, publicly display, commercially exploit, or otherwise use our creative work without appropriate authorization.
Without our written permission, you may not use our photographs, videos, written content, graphics, branding, or other creative materials to train, develop, test, or improve artificial intelligence or machine-learning systems; create AI-generated or AI-manipulated versions of our photographs or creative work; upload our work to generative AI platforms or image-generation tools for modification, recreation, replacement, or creation of derivative works; remove or alter copyright notices, watermarks, metadata, or other identifying information; create competing commercial, promotional, or derivative materials; or reproduce, distribute, sell, license, or commercially exploit our work.
Nothing in these Terms grants permission to use M by Michaela Photography's work for AI training, image-generation datasets, machine-learning purposes, or other unauthorized artificial intelligence applications.
For photography clients, additional restrictions concerning the use, alteration, licensing, reproduction, commercial exploitation, or AI manipulation of delivered photographs may be contained in the applicable photography agreement.
If there is a conflict between these Website Terms and a signed photography agreement regarding commissioned photography, the signed photography agreement will control.
9. PRIVACY
Our collection, use, storage, and disclosure of personal information are described in our Privacy Policy, which is incorporated into these Terms by reference.
By using the Website, you acknowledge that you have had an opportunity to review the Privacy Policy.
Our Privacy Policy explains, among other things, the types of information we may collect, how information may be used, third-party service providers that may process information on our behalf, payment processing, cookies and analytics where applicable, and applicable privacy rights.
Privacy Policy: [Insert Privacy Policy Link]
10. DISCLAIMERS
The Website and its content are provided on an “AS IS” and “AS AVAILABLE” basis to the maximum extent permitted by law.
We make reasonable efforts to provide accurate information, but we do not guarantee that the Website or its content will always be accurate, complete, current, available, uninterrupted, error-free, secure, or free from viruses or other harmful components.
Information on the Website is provided for general informational purposes and is not intended to constitute legal, financial, tax, medical, or other professional advice.
Service descriptions, pricing, availability, turnaround times, promotions, portfolio materials, and other Website information may change without notice and do not override the terms of a signed photography agreement.
We do not guarantee that the Website will be available at all times or that errors or interruptions will always be corrected immediately.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, M by Michaela Photography, Ndstry Cre8tives LLC, and their respective owners, employees, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your access to or use of the Website.
This may include, to the extent permitted by law, loss of data, business opportunities, profits, revenue, goodwill, or other indirect losses.
Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.
Any liability arising specifically from photography services will be governed by the applicable signed photography agreement.
12. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless M by Michaela Photography and Ndstry Cre8tives LLC, including their owners, employees, contractors, and service providers, from and against claims, damages, losses, liabilities, costs, and reasonable expenses arising out of or related to your violation of these Terms, your unlawful or unauthorized use of the Website, your misuse of Website content, your infringement of another person's intellectual property or other rights, information or materials you submit without having the necessary rights or permissions, or your violation of applicable law or regulation.
This obligation does not require indemnification for our own unlawful conduct or for matters that cannot legally be shifted to another party.
13. SUSPENSION & TERMINATION
You may stop using the Website at any time.
We may suspend, restrict, or terminate your access to the Website if we reasonably believe that you have violated these Terms, engaged in unlawful or unauthorized activity, taken actions that may harm the Website, our business, our clients, our service providers, or another person, if we are required to do so by law, or if suspension is reasonably necessary for security, technical, or operational reasons.
We may also modify, suspend, or discontinue all or part of the Website at any time.
Suspension or termination of Website access does not automatically terminate an existing photography agreement or other contractual relationship between you and M by Michaela Photography.
Any provisions of these Terms that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, AI use, disclaimers, limitation of liability, indemnification, governing law, and disputes.
14. GOVERNING LAW & DISPUTES
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles.
Any dispute arising from or relating to these Terms or your use of the Website will be handled under applicable Florida law.
Before initiating a formal legal proceeding concerning these Terms or the Website, the parties agree to make a reasonable good-faith effort to communicate and attempt to resolve the issue informally.
Nothing in this section prevents a party from pursuing rights or remedies that cannot legally be waived, restricted, or delayed.
Disputes specifically concerning booked photography services will be governed by the dispute-resolution provisions contained in the applicable photography agreement.
15. CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our business, Website, services, technology, or applicable law.
When we update these Terms, we will post the revised version on the Website and update the Last Updated date.
Your continued use of the Website after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.
We encourage you to periodically review these Terms so that you remain aware of any changes.
16. TESTIMONIALS, USER CONTENT & CONTACT
You may voluntarily submit information or materials to M by Michaela Photography through the Website or in connection with our services, including inquiries, testimonials, reviews, comments, questionnaire responses, photographs, business information, and other content (“User Content”).
You represent that you have the right and appropriate permission to provide any User Content you submit and that doing so does not violate another person's privacy, copyright, trademark, publicity, or other rights.
Testimonials & Reviews
If you voluntarily submit a testimonial, review, or other feedback about your experience with M by Michaela Photography, you authorize us to retain and use that testimonial or feedback for legitimate business purposes, including displaying it on our Website, social media, marketing materials, or other promotional channels, unless you request otherwise or a separate written agreement provides different terms.
We may identify a testimonial by the name or other information you voluntarily provide with your submission, subject to applicable law and any separate agreement or consent.
Submitting a testimonial does not automatically grant us permission to use your photograph, portrait, or likeness for advertising or other commercial purposes unless that use is separately authorized.
Photographs & Likeness
We will not assume that submission of a photograph, portrait, or other image gives us unlimited permission to use the depicted person's likeness for advertising or other commercial purposes.
Where a separate consent, model release, photography agreement, or other written authorization is required or appropriate, that agreement or authorization will govern the permitted use.
You retain ownership of User Content that you own, except to the extent you grant us permission to use it as described in these Terms or in a separate written agreement.
M by Michaela Photography reserves the right, but not the obligation, to remove, decline to publish, or discontinue use of User Content that we believe is unlawful, misleading, inappropriate, infringing, abusive, or otherwise inconsistent with our business or these Terms.
Contact
For questions regarding these Terms, please contact:
M by Michaela Photography
A DBA of Ndstry Cre8tives LLC
South Florida, United States
info@mbymichaela.com
www.mbymichaela.com
Last Updated: September 20, 2026