TERMS OF AGREEMENT FOR SESSION
PLEASE READ BEFORE FILLING OUT THE FORM BELOW
- This agreement constitutes an order for your portraiture services, including the taking of portrait photos as agreed to both parties: Denisse Benitez Photography and contacting party. Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain property of Denisse Benitez Photography and may be used for advertising, display or any other purpose thought proper by Denisse Benitez Photography.
- If photographer, Denisse Benitez, cannot perform this agreement in whole or in part due to a fire, or other casualty, acts of God or nature or terror or other cause beyond the control of the parties due to further liability with respect to the this agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in mail, or other wise lost or damaged with fault on the part of photographer. Client(s) agree that an entire session cannot be replicated, reenacted or repeated for the purpose of a re-shoot and limits Denisse Benitez Photography liability to the amount paid under this contract.
- In the event of an extenuating circumstance on Denisse Benitez Photography’s part, Denisse Benitez Photography will find and hire an alternative photographer or reimburse the full amount paid to the customer, including the deposit or will re-schedule for a different time. Denisse Benitez Photography will not be held liable for services not rendered. To receive refund, Denisse Benitez Photography must have a 3-week notice from the schedule session.
- On signing of this agreement by both parties hereto, Denisse Benitez Photography will reserve the time agreed upon and will not make another reservation for the specific time frame.
- Denisse Benitez Photography is the only photographer to perform the photographic services requested on this contract. No other photographer is allowed to take photos at the session and no other cameras are allowed at the session.
- The amount agreed upon covers the photographer’s time, talent, proofing and editing. It also cannot be changed or altered by any means.
- A non refundable retainer of half of the session is due at the time of booking your session. This guarantees the time and date allotted for you. Should payment not be received in this time frame, Denisse Benitez reserves the right to offer the date and time to another client.
- Denisse Benitez Photography's price list is adjusted periodically and future orders will be charged at current pricing of that time.
- Denisse Benitez Photography will choose the best images from your session.
- The images will be displayed in a password-protected online gallery. The online gallery will be available for 2-3 weeks only. If you wish to order prints then ordering should be completed in that time frame. If you would like to re-publish your gallery, there is a $30.00 fee. There is a minimum print order commitment of $100.00 for all session options.
- Please allow up to 1 to 2 weeks for delivery of digital images, and 4 to 5 weeks for all other physical print orders.
- Please allow up to 1 week for delivery of print release CD.
- If a cancellation, then only half of the total will be refunded to the client. In, the opinion of the photographer, weather or other adverse conditions prevent creation or a portrait meeting the artistic standards of the photographer, photographer may elect to use an alternate location or to reschedule the portrait session.
- IMPORTANT NOTICE REGARDING COPYRIGHT
It is illegal to copy or reproduce these photographs elsewhere without Denisse Benitez Photography’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties. All photographs, both on Denisse Benitez Photography’s website, blog, instagram or Facebook page, including all potential proofs and purchased prints, are copyrighted; reproduction of any image by any means, including copying, re-printing, screen captures, and other means of print reproduction are strictly prohibited and are a violation of copyright law. Additionally, it is ILLEGAL to post any of Denisse Benitez Photography’s work on the Internet, blogs and social networking sites, without the express permission of the photographer. The only exception to this is if you have purchased the print release.