Terms of Service

Acceptance of terms

By using the website or buying services, 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.

You must be at least 18 years old, or the age of majority where you live, to purchase services. If you act for a business or organization, you confirm that you have authority to accept these terms for that organization.

Services

We provide photography sessions, edited digital galleries, and optional print or digital add-ons.

Ben Creative LLC provides portrait, family, and small-brand photography services, edited digital images, private online galleries, print products, and related creative services.

Website descriptions are general summaries 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.

Booking, prices, and payment

A request is not a booking until availability, scope, and payment requirements are confirmed.

Submitting a request does not guarantee availability and does not collect payment or card details. A session is booked only after scope, date, price, and deposit requirements are confirmed in writing.

A 25% deposit may be required to reserve your date. If so, Ben Creative LLC provides invoice or deposit instructions after availability is confirmed. Remaining balances are due according to the invoice, quote, or written scope.

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 included in the accepted scope.

Electronic payments may be processed through secure third-party payment services or invoice tools. 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.

Your session

Good sessions depend on timely arrival, accurate information, and permission for locations and subjects.

You are responsible for arriving on time, providing accurate information, securing permission for chosen locations when needed, and making sure participants are ready and authorized to be photographed.

If you are late, the session may be shortened or rescheduled depending on availability. Session time lost due to client delay is not automatically refunded.

Ben Creative LLC may reschedule, pause, or decline work that is unsafe, unlawful, abusive, or outside the agreed scope.

Delivery, refunds, cancellations, and rescheduling

Delivery and refund rules live in the dedicated policy and are part of these terms.

The Delivery, Refund & Cancellation Policy is incorporated into these terms. It explains typical delivery timelines, deposits, rescheduling, cancellations, refunds, print orders, and digital delivery.

Because photography services are custom and digital deliverables cannot be returned like physical goods, completed sessions and delivered digital files are generally not refundable except where required by law or expressly agreed in writing.

Copyright, likeness, and deliverables

You receive usage rights to final edited images; copyright stays with Ben Creative LLC unless agreed otherwise.

Ben Creative LLC retains copyright in the images unless a written agreement says otherwise. You receive the usage rights stated in your accepted package, quote, or invoice.

Only final edited images are delivered unless a written scope says otherwise. Unedited files, working files, and unused concepts remain the property of Ben Creative LLC.

You confirm that you have permission for people, products, property, marks, locations, or materials you ask us to photograph or include.

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.

Portfolio use and privacy

Finished work may be used in the studio portfolio unless you request otherwise before publication.

Ben Creative LLC may display finished, non-confidential work in portfolios, proposals, social posts, website examples, and marketing materials unless you request an opt-out in writing before publication.

Our Privacy Policy explains how personal information is collected, used, retained, and protected.

Prohibited uses

Do not misuse the website, forms, images, or services.

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 that you do not have the right to use or that violate another person's privacy, publicity, intellectual property, or contractual rights.

Liability and unforeseen events

We use reasonable care, but photography can be affected by events outside anyone's control.

Photography can be affected by weather, venue rules, lighting, access, participant cooperation, equipment issues, illness, emergency, or other events outside reasonable control.

To the extent allowed by law, Ben Creative LLC is not responsible for indirect, incidental, special, consequential, or punitive damages.

If a major issue prevents delivery, the available remedy will be limited to rescheduling, replacement work, credit, or refund of amounts paid for the affected service, as appropriate and allowed by law.

The website and services are provided on an as-available basis. We do not guarantee uninterrupted website operation, specific business results, social engagement, sales, approvals, or publicity outcomes.

Indemnification

You are responsible for claims caused by your misuse, materials, or instructions.

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, your submitted materials, or your violation of another person's rights.

Governing law and changes

Georgia law applies, and we may update these terms for future use.

These terms are governed by the laws of Georgia, USA, without regard to conflict-of-law rules.

Before filing a claim, you agree to contact us 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.

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 prospectively unless otherwise required by law.

Contact

Questions may be sent through the contact page or by mail to 609 Scott St, Hinesville, GA 31313, USA.