Terms of Service
These Terms of Service govern your use of photosofben.com and photography services, digital deliverables, print products, and related purchases from Ben Creative LLC, a Wyoming limited liability company operating from 609 Scott St, Hinesville, GA 31313.
- Legal entity
- Ben Creative LLC
- Formation
- Wyoming limited liability company
- Studio / operating address
- 609 Scott St, Hinesville, GA 31313, USA
Acceptance of terms
Using the site, sending a request, paying an invoice, or attending a session means you agree to these terms.
By visiting photosofben.com, submitting a booking request, approving a quote, paying an invoice, attending a session, downloading a gallery, or ordering related products, you agree to these Terms of Service and to the Delivery, Refund & Cancellation Policy and Privacy Policy, which are part of these terms.
If you do not agree, do not use the website and do not book a session.
You must be at least 18 years old, or the age of majority where you live, to purchase services. The website is not directed to children under 13.
If you act for a business or organization, you confirm that you have authority to accept these terms for that organization.
Who we are
Ben Creative LLC is formed in Wyoming and operates its studio from Hinesville, Georgia. The street address on this website is the studio, mailing, and customer-service address.
Ben Creative LLC, a Wyoming limited liability company operating from 609 Scott St, Hinesville, GA 31313. We do business as Ben Creative at photosofben.com.
The published address, 609 Scott St, Hinesville, GA 31313, USA, is our studio, operating, mailing, and customer-service address. It is labeled by role wherever it appears. This site does not publish a registered-agent address.
Our ordinary service area is Hinesville, Liberty County, and Coastal Georgia. Website use is available wherever the site can be reached, but photography sessions are scheduled in that service area unless a written quote says otherwise.
Description of services
We provide portrait, family, and small-brand photography, edited galleries, and optional print or digital add-ons. The written quote is the project contract.
Ben Creative LLC provides portrait, family, and small-brand photography services, edited digital images, private online galleries, print products, and related creative services in Hinesville, Liberty County, and Coastal Georgia.
Website descriptions, package summaries, and sample galleries are general information only. The specific deliverables, price, location, usage rights, session date, timeline, and payment schedule for your project are set out in the accepted quote, invoice, booking confirmation, or written scope.
This website does not create customer accounts, offer an API, run a marketplace, or sell subscriptions. We do not promise uninterrupted website availability or a particular business, social, or publicity result.
We may decline, pause, or reschedule work that is unsafe, unlawful, abusive, or outside the agreed scope.
Booking, prices, and payment
A request does not take a card number. Listed packages are paid on Stripe at the published USD price.
Submitting a request does not guarantee availability and does not collect payment or card details. Listed Individual, Family, and Brand packages are paid at the published USD price on a Stripe payment page after this website redirects you there.
Custom work outside those listed packages is quoted in writing first. Any later payment request for custom work will match the quote you approved.
Prices are in U.S. dollars. Taxes, travel, added edits, print products, rush work, additional people, additional locations, or expanded licensing may change the final total when they are included in the accepted scope.
There is no subscription, auto-renewal, or free trial.
Electronic payments are processed through Stripe on Stripe's payment page. Ben Creative LLC does not store full payment card numbers on its own servers. You agree to provide accurate billing information and to pay all amounts owed when due. The long statement descriptor is BEN CREATIVE. Card charges use the shortened descriptor/card prefix BENCREATI*, then a short product label in the [PRODUCT] place for that payment.
If a custom-quote balance remains unpaid, we may pause editing, gallery delivery, or print fulfillment until the invoice is paid. We do not add a separate late-fee schedule on this page.
Your responsibilities for the session
Arrive on time, give accurate information, and make sure every person and place may be photographed.
You are responsible for arriving on time, providing accurate information, securing permission for chosen locations when needed, and making sure every participant is ready and authorized to be photographed.
If you are late, the session may be shortened or rescheduled depending on availability. Session time lost because of client delay is not automatically refunded.
You confirm that you have permission for people, products, property, marks, locations, or materials you ask us to photograph or include.
If a minor will be photographed, a parent or legal guardian must book the session or designate a responsible adult who will be present. You confirm that you have authority to consent to the photography of each minor.
Creative control and what is delivered
We choose the final selects and the edit. You receive the finished gallery described in the quote, not every frame we shot.
Photography is a creative service. Posing, composition, lighting, selects, retouching, and the final look are matters of professional judgment within the agreed scope.
Only final edited images are delivered unless a written scope says otherwise. Unedited files, working files, catalogs, and unused concepts remain the property of Ben Creative LLC.
Reasonable revisions that stay inside the agreed scope are part of finishing the work. New concepts, extra locations, extra people, or extra images may require a new quote.
Delivery, refunds, cancellations, and rescheduling
The dedicated delivery policy is part of these terms.
The Delivery, Refund & Cancellation Policy is incorporated into these terms. It explains typical delivery timelines, deposits, rescheduling, cancellations, late arrival, no-shows, refunds, print orders, and digital delivery.
Because photography services are custom and digital deliverables cannot be returned like unused physical goods, completed sessions and delivered digital files are generally not refundable except where required by law or expressly agreed in writing.
Copyright, licenses, and how you may use the images
We keep copyright. You receive the usage rights stated in your package or quote.
Ben Creative LLC retains copyright in the images unless a written copyright assignment is signed. You receive the usage rights stated in your accepted package, quote, or invoice.
Portrait and family sessions include personal-use rights: you may print, share, and use the final edited images for personal purposes. They are not a stock, resale, or unlimited commercial license.
Brand sessions include a commercial usage license for your own business channels, including your website, social media, listings, and ordinary marketing materials. Unless the quote says otherwise, that license does not let you sell the images as stock, sublicense them to unrelated third parties, or transfer the copyright.
You may not edit final images in a misleading way, claim authorship of the photography, sell the images outside your license, or use images in unlawful, defamatory, harassing, or deceptive contexts.
Finished, non-confidential work may be shown in the studio portfolio, proposals, social posts, website examples, or marketing materials unless you request an opt-out in writing before publication.
Prohibited uses of the website and services
Do not misuse the site, the forms, the images, or the studio.
You may not use the website or services for unlawful activity, harassment, abuse, fraud, spam, unauthorized scraping, security testing without permission, malware, impersonation, infringement, or attempts to disrupt the website or service providers.
You may not submit materials you do not have the right to use, or materials that violate another person's privacy, publicity, intellectual property, or contractual rights.
You may not try to send payment-card numbers through the website forms. Those forms are not a checkout.
Privacy and third-party services
The Privacy Policy explains our data practices. Linked third-party pages have their own terms.
The Privacy Policy and Cookie Policy explain how personal information is collected, used, retained, and protected.
The site uses vendors such as Cloudflare, Termly, Stripe, Resend, Migadu, Google Fonts, and, if you allow it, tawk.to. If you follow a link to Google Maps or pay on Stripe's hosted page, those companies' terms and privacy notices apply to that activity.
We are not responsible for third-party sites, widgets, or Stripe payment pages we do not control.
Disclaimers, unforeseen events, and limits on liability
We use reasonable care. We cannot promise perfect weather, perfect cooperation, or a particular business result. Liability is limited to the amount paid for the affected service.
The website and services are provided on an "as is" and "as available" basis. To the extent allowed by law, Ben Creative LLC disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Photography can be affected by weather, venue rules, lighting, access, participant cooperation, equipment issues, illness, emergency, internet or vendor outages, government action, or other events outside reasonable control. Those events may delay or prevent a session or delivery without creating extra liability beyond the remedies in the delivery policy.
We do not guarantee uninterrupted website operation, specific business results, social engagement, sales, approvals, or publicity outcomes.
To the extent allowed by law, Ben Creative LLC is not responsible for indirect, incidental, special, consequential, lost-profit, or punitive damages.
If a major issue prevents delivery, the available remedy is limited to rescheduling, replacement work, credit, or refund of amounts you paid for the affected service, as appropriate and allowed by law. Our total liability for a claim arising out of a project will not exceed the amounts you paid to Ben Creative LLC for that affected service, except where the law does not allow that limit.
Some jurisdictions do not allow certain warranty disclaimers or liability limits. In those places, the limits apply only to the extent the law allows.
Indemnification
If a claim is caused by your misuse, your materials, or your instructions, you are responsible for it.
To the extent allowed by law, you agree to defend, indemnify, and hold harmless Ben Creative LLC from claims, damages, liabilities, costs, and expenses arising from your misuse of the website or services, your violation of these terms, materials you submitted, people or places you asked us to photograph without authority, or your violation of another person's rights.
Ending the relationship
You can stop using the site at any time. We can suspend access or a project for breach. Some terms survive.
You may stop using the website at any time. To cancel a booked session, use the rules in the Delivery, Refund & Cancellation Policy.
We may suspend or end website access or a project if you breach these terms, if payment is not made when due, or if continuing would be unsafe, unlawful, or outside the agreed scope.
After a project ends, payment obligations, copyright and licenses, portfolio rules, disclaimers, liability limits, indemnification, and governing-law terms still apply.
Informal resolution and governing law
Talk to us first for 30 days. If that fails, Georgia law and Georgia courts apply unless another law requires a different venue.
These terms are governed by the laws of the State of Georgia, USA, without regard to conflict-of-law rules. That choice matches the studio's operating state. Ben Creative LLC is formed in Wyoming; this paragraph does not change the formation state.
Before filing a claim, you agree to contact us at the email or address below and try to resolve the issue informally for at least 30 days.
If a dispute cannot be resolved informally, courts located in Georgia will have jurisdiction unless applicable law requires another venue. Either of us may bring an individual claim in small-claims court in a court that has jurisdiction.
These terms do not require arbitration.
Changes to these terms
We may update these terms. The posted version applies to later use. Material changes apply going forward.
We may update these terms from time to time. The version posted on this site applies to website use after it is posted. Material changes apply to later bookings and later use unless the law requires otherwise.
Where we have an email address for a current client and a change is material to that relationship, we may also send a notice. We aim to give about 30 days of notice for material changes that affect an existing booked project.
General provisions
These terms, plus your accepted quote, are the whole agreement for the project.
These terms, the policies they incorporate, and the accepted quote, invoice, or written confirmation for your project are the entire agreement for that project. They replace earlier discussions about the same subject.
If a court finds a part of these terms unenforceable, the rest still applies.
If we do not enforce a part of these terms, that is not a waiver of the rest.
You may not assign these terms without our written consent. We may assign them in connection with a merger, reorganization, or sale of the studio.
These terms do not create a partnership, joint venture, or employment relationship.
Section headings are for convenience only.
You consent to receive notices and project communications electronically, including by email and by posting on this website. Formal notices may also be sent to the studio address below.
Contact
Questions about this page may be sent by email, through the contact form, or by mail to the studio address. The street address below is the studio and operating address, not a registered-agent address.
- Legal entity
- Ben Creative LLC, a Wyoming limited liability company
- Contact form
- photosofben.com/contact
- Studio / operating address
- 609 Scott St, Hinesville, GA 31313, USA