Last Updated: August 26, 2026
Welcome to Motionbynate. These Terms & Conditions (“Terms”) govern your access to and use of the Motionbynate website and your interactions with Motionbynate regarding photography, videography, event coverage, sports photography and videography, and monthly or recurring content services.
By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, please do not use this website.
Motionbynate is a veteran-owned photography and videography business based in San Antonio, Texas, serving clients throughout Central Texas and surrounding areas.
Motionbynate may provide the following services:
Specific services, deliverables, pricing, timelines, usage rights, and other project terms may vary depending on the project and will be confirmed separately when applicable.
You may use this website only for lawful purposes and in accordance with these Terms.
You agree not to:
Motionbynate reserves the right to restrict or terminate access to the website where reasonably necessary to protect the website, business, users, or other parties.
All content displayed on this website, including photographs, videos, graphics, written content, logos, branding, designs, layouts, and other materials, is owned by Motionbynate or used with appropriate permission.
Unless expressly authorized in writing, you may not:
Viewing or accessing content on this website does not transfer ownership or intellectual property rights to you.
Motionbynate may display selected photography and videography projects through its website, portfolio, social media accounts, marketing materials, and other promotional channels.
The display or use of client work will be subject to the applicable client agreement, permissions, releases, or other rights governing the project.
Where a project includes confidentiality requirements, privacy restrictions, or limitations on promotional use, those requirements will be addressed through the applicable written agreement.
Submitting a contact form or project inquiry does not automatically create a client relationship, guarantee availability, reserve a project date, or constitute acceptance of a booking.
Motionbynate will review project inquiries and respond based on availability, project requirements, location, scheduling, and other relevant considerations.
A project is not considered confirmed until any required agreement, deposit, payment, booking confirmation, or other agreed requirements have been completed.
When you book photography or videography services with Motionbynate, additional terms may apply to your specific project.
A separate written agreement may establish:
If a separate written service agreement exists, the terms of that agreement will govern the applicable project to the extent of any conflict with these general website Terms.
Photography and videography are creative services. Each project may involve creative decisions relating to composition, lighting, framing, movement, editing, color, image selection, video editing, music, pacing, and other artistic elements.
Motionbynate will make reasonable efforts to deliver professional work consistent with the agreed project scope and creative direction.
However, creative results may vary based on the project, location, lighting, weather, subjects, timing, client preferences, venue restrictions, equipment limitations, and other circumstances outside of Motionbynate’s reasonable control.
Specific creative expectations should be discussed and documented before a project begins.
Clients are responsible for providing accurate and timely information necessary for their project.
Depending on the project, clients may be responsible for:
Delays caused by incomplete, inaccurate, or late information may affect project schedules and delivery timelines.
If you provide photographs, videos, logos, music, graphics, written content, documents, branding materials, or other materials for use in a project, you represent that you have the necessary rights and permissions to provide and use those materials.
You agree not to provide materials that infringe the copyright, trademark, privacy, publicity, or other legal rights of another person or organization.
You remain responsible for obtaining any necessary permissions relating to materials you provide.
Unless otherwise stated in a separate written agreement, copyright and other intellectual property rights in original photographs, videos, edits, graphics, and other creative work remain subject to the ownership and licensing terms established by Motionbynate.
Payment for photography or videography services does not automatically transfer copyright ownership to the client.
Any client usage rights, licenses, commercial usage rights, or copyright transfers will be determined by the applicable written agreement.
Clients may not assume that purchasing photography or videography services gives them unlimited rights to reproduce, resell, sublicense, modify, or commercially exploit the resulting work unless those rights have been expressly granted in writing.
Where permitted by the applicable client agreement, Motionbynate may use completed photographs, videos, or other project materials for portfolio, website, social media, advertising, promotional, educational, or marketing purposes.
Any client-specific restrictions on promotional use should be discussed and documented before the project begins.
Motionbynate makes reasonable efforts to keep the website available and functioning properly.
However, we do not guarantee that the website will always be:
The website may occasionally be unavailable due to maintenance, updates, hosting issues, technical problems, security issues, or circumstances outside Motionbynate’s reasonable control.
Motionbynate makes reasonable efforts to keep information on this website accurate and current.
However, information may change over time and the website may contain outdated information, typographical errors, omissions, or other inaccuracies.
Website information should not be interpreted as a guarantee that a particular service, package, price, date, location, or deliverable will be available.
Specific project terms will be confirmed directly with the client.
This website may contain links to third-party websites, social media platforms, or other external services.
These links may include social media platforms and other websites that Motionbynate does not operate or control.
Motionbynate is not responsible for the content, availability, security, privacy practices, policies, or terms of third-party websites.
Your use of third-party websites is subject to the terms and policies established by those third parties.
Motionbynate may maintain social media profiles and may provide links to platforms such as Instagram and TikTok.
Interactions with Motionbynate through social media platforms are also subject to the applicable platform’s terms, policies, and privacy practices.
Motionbynate does not control how third-party social media platforms collect, store, process, or use information.
To the maximum extent permitted by applicable law, the Motionbynate website and its content are provided on an “as is” and “as available” basis.
Motionbynate makes no warranties or representations regarding the website’s availability, accuracy, reliability, completeness, or suitability for a particular purpose except where expressly provided in writing.
Nothing in these Terms is intended to exclude any warranty, right, or protection that cannot legally be excluded under applicable law.
To the maximum extent permitted by applicable law, Motionbynate and its owners, contractors, representatives, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:
Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.
Any liability relating to a specific photography or videography project may be governed by the applicable client agreement.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Motionbynate and its owners, contractors, representatives, and service providers from claims, damages, liabilities, losses, costs, and expenses arising from or related to:
These Terms shall be governed by and interpreted in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.
Any dispute arising out of or relating to these Terms or your use of the website will be subject to the applicable courts and jurisdiction provided under Texas law, unless otherwise required by applicable law or governed by a separate written agreement.
Motionbynate may update or modify these Terms from time to time.
When changes are made, the revised Terms will be posted on this page and the “Last Updated” date will be updated accordingly.
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 review this page periodically to remain informed about the current Terms.
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the extent necessary to make it enforceable where permitted by law.
If the provision cannot be made enforceable, it will be removed without affecting the validity and enforceability of the remaining provisions.
Failure by Motionbynate to enforce any provision of these Terms does not constitute a waiver of the right to enforce that provision in the future.
Any waiver must be made in writing to be effective.
These Terms constitute the general terms governing your access to and use of the Motionbynate website.
These Terms do not replace or supersede any separate written client agreement, service agreement, contract, or other agreement governing a specific photography or videography project.
Where a separate written agreement applies to a project, that agreement will govern the specific project according to its terms.
If you have questions regarding these Terms & Conditions, please contact Motionbynate.
Motionbynate
San Antonio, Texas
Email: nathanaellerbee@gmail.com
VETERAN-OWNED PHOTOGRAPHY & VIDEOGRAPHY
SAN ANTONIO, TEXAS
SERVING CENTRAL TEXAS & SURROUNDING AREAS
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