Contract Page | Ben & Mae's

Business Terms And Conditions

The above-listed client (the "Client") and Photographer (Photographer) agree that the Photographer will provide photography services as outlined in the tables above. This is a legally binding contract.

This contract represents the entire understanding of the requirements, schedule, and payment terms for the photography services listed above.

If there are any disputes or actions resulting in legal proceedings related to this contract, such actions shall take place in and be subject to the laws of the State of Florida.

Clients accept sole financial responsibility for any legal fees or related costs incurred by the Photographer in enforcing the terms of this photography contract. Any failure by one or both parties to uphold or enforce a provision of this contract shall not constitute a waiver of any other provision of this contract. This Agreement is governed by the laws of the state of Florida and federal courts in that district. Client and Photographer agree the subject themselves to the laws of this state and hereby waive the right to object to venue within this state. This Agreement constitutes as single Contract expressing the entire agreement of Client and Photographer with respect to the subject matter hereof and supersedes any and all prior contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof. If any part of this Agreement is determined to be void, invalid, inoperative, or unenforceable by a court of competent jurisdiction or by any other legally constituted body have jurisdiction to make such determinations, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative, or unenforceable provision had not been contained herein.

Payment

The Client agrees to retain the Photographer for the services listed above by signing this photography contract and paying a retainer fee equal to _50__% of the total fee listed above. This is a non-refundable retainer fee that goes toward your session time which prevents the photographer from booking another client at the same time. Client acknowledges that no reservation can be made prior to the signature of this contract and subsequent payment of the initial service retainer fee.

The remaining balance for the above listed portrait photography services shall be due in full no later than seven day prior to the service date or if booked within a 10 days period, client must complete full payment within a five days period prior to the service date. In the event that payment is not made in full by this deadline, Photographer reserves the right to terminate this contract, retain the initial retainer fee, and no longer be held liable for providing further services to the Client.

Cancellation

The Client may cancel this contract at any time up to 10 days prior to the service/session date. To do so, Clients must send a written cancellation notice via either email or certified mail.

The Client hereby forfeit their initial retainer fee in case of cancellation and agree to pay the full amount for the services listed above should they cancel this portrait photography contract after the date 10 days before the service date.

Client may reschedule the date of the portrait shoot listed above no later than 7 days prior to the session date with the written approval of the Photographer. Should the Photographer be unable to accommodate the Client's rescheduled date, the Client will not be held responsible for the remaining balance of this portrait photography contract but will forfeit their initial retainer fee.

Liability

If the Photographer should be unable to provide the goods and services outlined in this contract for any reason, Photographer agrees to refund any fees paid by the Client, minus applicable expenses, and shall have no further liability with regards to this contract. This limitation of liability also applies to any loss or damage to footage, photographs or other materials after the events listed in this contract. The sole remedy for any actions or claims resulting from the Photographer's inability to deliver the goods and services listed in this contract shall be limited to a refund of monies paid by the Client to the Photographer.

Digital Media

The Clients acknowledge that the Photographer does not maintain archives of images and footage after delivering requested images and other goods to the Clients. It is the Client's sole responsibility to request any desired prints, products, or files within 7 days after the session.

Pricing

Any additional goods or services not included in this portrait photography contract will be sold at then-current rates. Photographer makes no pricing guarantees outside of the terms of this contract, and the Client acknowledges that prices for additional goods or services are subject to change suddenly and without notice.

Responsibilities

Benjamin Jallah will be the sole and exclusive photographer for the above listed photo shoot. Photographer is responsible for bringing any equipment or assistants necessary to conduct the services outlined in this contract.

If there are nay costs/fees associated with the location the client has chosen for the session, you the client, will be responsible for those fees. Session fee covers travel within 30 miles of photographer's home address, located in Deland Florida. Any location outside of these limits will be subject to an additional charge of $0.52/mile as part of the agreement.

Client agrees to prevent any other photographers or videographers at the shoot listed in this contract from interfering with the Photographer's performance of their duties. This includes guests and other amateur photographers or videographers.

Photographer will not be held liable for compromised event coverage due to interference from other parties, including interfering traffic in public spaces. Likewise, Photographer is not responsible for degraded coverage due to environmental issues, such as poor event lighting, space, or backdrops.

Client agrees to confirm the event's date, time, and location no later than _10__ days prior to the session date.

Photographer will provide the goods and services listed in this portrait photography contract, including event coverage for the listed hours at the venues listed. If additional coverage hours are requested on the day of the events, Clients agree to pay the Photographer in full for those additional hours at the hourly rate listed in this contract.

Photographer agrees to make every effort to provide satisfactory coverage, but cannot make any guarantees as to specific photos, poses, etc. during the event. Client agrees and understands that the quality of a photograph is entirely subjective. Photographer will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of Client. Client understands and agrees that Client is responsible for determining if a post or location is safe. Re-shoots / Refunds Re-shoots are determined at the discretion of the Photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather-related issues, or by not following the recommendations of the Photographer.

Accompaniment and Liability Clause

Ben & Mae's Production, LLC, shall not be held liable for any injuries, damages, medical expenses, or other liabilities arising from any incidents, including slips and falls, involving any individuals accompanying the client to our studio or any on-location photoshoot. This includes, but is not limited to, friends, family members, or any other persons present at the photoshoot at the invitation or accompaniment of the client.

Third-Party Presence: Any individuals accompanying the client to the Ben & Mae's Production studio or on-location photoshoot are considered to be present at the client’s invitation and are the responsibility of the client.
Assumption of Risk: By agreeing to participate in a photoshoot with Ben & Mae's Production, LLC, the client acknowledges and agrees that any individuals they bring along assume all risks associated with being present at the photoshoot location. This includes the risk of physical injury, slips, falls, or other accidents.

Image Processing

Photographer will perform limited color correction and retouching prior to delivering any physical copies of images to the Client. If the Client requests a digital copy of their images, the Photographer will provide the in its original color or corrected/retouched copies. Photographer will only provide Client with the number of high-resolution edited digital images as described in the session purchased, and such files will be in a JPEG format. Beyond these files, Photographer will not provide or release any other digital images to Client, either edited, unedited, JPEG, or RAW files. Such files are sole property of Photographer and not subject to distribution. The Photographer is not responsible for the printed copies of images delivered to the Client as electronic files. The Client may request additional physical copies of images and footage from the event within 7 days after the session date.

Model Release

This portrait photography contract serves as a model release. This grants the Photographer the right to use all images and footage without restriction for advertising, portfolios, and other lawful purposes. The Client waives the right to inspect any images produced using the images or footage from the events in this contract, and the right to restrict the use of the images or footage from the listed events by the Photographer.

All photographs and footage are and shall remain the sole intellectual property of the Photographer in accordance with the Federal Copyright Laws. The Client hereby waives any rights to intellectual property ownership, monetization, or reproduction of the images and footage created by the Photographer, with exception of the terms of any formal written releases provided to the Client by the Photographer.

Unauthorized Reproduction

Client agrees not to reproduce or modify the images or footage provided by the Photographer without first obtaining a formal written release signed by the Photographer. Should the Photographer discover any violations to this agreement, the Client agrees to be held financially responsible at a rate determined by the photographer per violation.

Ben & Mae’s Production Wedding Contract

This agreement is between Ben & Mae’s Production, LLC, hereinafter referred to as the "Photographer", and the signers of this wedding portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the wedding session detailed below. The package list and price list and/or documents attached to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.

Agreement Overview

This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to notify the Photographer. If the Parties want to waive one part of this agreement that does not mean that any other part is also waived. All contracts must be signed within 48 hours of receipt and the retainer must be paid to book your wedding photography service.

Change of Date or Venue

The Photographer must be notified immediately of any changes in schedule or location, at least 48 hours prior to the scheduled date of event. Notification of any changes can be made by contacting the Photographer. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least 48 hours prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer.

Non-Refundable Retainer Fee

A non-refundable retainer fee is required to book your wedding. This is a non-refundable retainer fee. Clicking the "Done! Or paying your retainer fee in the invoice acknowledges that you have read and accepted the full terms of this contract and the full terms of Ben & Mae’s Production sub-contracts. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer fee is received. The retainer fee shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before the start of the photo shoot. If final payment is not received, the Photographer will not be expected to attend said event.

Travel

Package chosen covers all weddings held within 50 miles of Deland Florida, any weddings outside of this area will incur a $2 per mile travel fee, pre-calculated and paid before the wedding date. Travel expenses such as parking, tolls, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event.

Cancellation

There shall be no refund of retainer after the signing of the Contract and the reservation of the photography date. If the event is canceled and or communication of venue change is not given to the photographer within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing.

Failure to Perform

The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. It is acknowledged that any photo requests submitted to the Photographer will be used for organizational purposes only and in no way is the Photographer required to fulfill these. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. Clients are responsible for all location fees and permits.

All photographs are copyrighted under Ben & Mae’s Production, LLC. The negatives and/or digital images (hereinafter referred to as the “images”) created by the Photographer remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Photographer retains the copyright to all images produced by the Photographer. The client understands the images given on CD/DVD/Flash Drives, etc cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer. The Photographer is the lawful copyright owner of all images. Editing, cropping or altering images in any way is prohibited.

Exclusive Photographer

The Photographer shall be the exclusive photographer retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.

Event Food Service

Photographers will require a 30 minute to hour break during reception to eat. A meal does not have to be provided.

Garments

The Photographer cannot be held responsible for damage to garments due to environmental events. Client is responsible to arrange personal assistance for garments.

Creative License/Editing

Images are edited at the Photographer’s discretion, and the Client will receive the amount of photos agreed upon per the package paid for along with any additional photographs purchased. The Photographer reserves the creative rights to edit and release only those images deemed credible as professional in quality and within the photographer’s artistic standards. Editing will typically take 4-8 weeks to complete.

Unforeseeable Circumstances

If the Photographer cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any money paid by the Client, except for the deposit and any other expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without fault on the part of the Photographer.

Returned Checks

Returned checks are subject to a $35.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

Image Archive

Photographer is not responsible for loss or damage to the digital files due to circumstances beyond the photographer's control. Photographers cannot guarantee/duplicate a requested image. Amount of images provided will depend upon cooperation of all subjects and situations. Photographer does not guarantee any specific amount of images. Once images are delivered, photographers will not be held responsible for original files and may not be able to reproduce files. Photographers are not responsible for the damage of portraits after delivery to clients, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt. Photographer agrees to archive all images for a period of 6 months.

Image Printing

Ben & Mae’s Production, LLC cannot guarantee images printed from any establishment and cannot be held responsible for print quality if images are printed by any source other than its approved vendors.

Limit of Liability

Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographers from any claims against their person or their business. In the unlikely event that the photographer(s) are injured, become too ill, or has an emergency that prevents them from photographing the event, Ben & Mae’s Production will contact the CLIENT as soon as possible, to arrange another suitable date and time, and if necessary (if an event), will try to find a replacement photographer. If this does not suit the CLIENT, the CLIENTS agree that responsibility and liability of Ben & Mae’s Production to the CLIENTS is limited to the return of all payments received for the event. Ben & Mae’s Production takes the utmost care with respect to exposure, storage, and processing of the photographs/images, but cannot and does not guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond the Photographer's control. CLIENT agrees that Ben & Mae’s Production or the photographer(s) full and complete responsibility and liability is limited to the return of all payments received for the event.

Ben & Mae's Production, LLC, (second location, located in the Daytona Flea and Farmers Market on Row B, South B214, B216, B218, B220 and B22) shall not be held liable for any injuries, damages, medical expenses, or other liabilities arising from any accidents that may occur during or as a result of any photoshoot session, either in our studio space or on location. This includes, but is not limited to, any accidents occurring on our premises, within the Daytona Flea and Farmers Market, or at any off-site location where our services are rendered.

Photoshoot Sessions and Studio Space: Ben & Mae's Production, LLC shall not be responsible for any injuries, including but not limited to, slips, falls, or other accidents that may occur during the course of a photoshoot session or while present in our studio space or any designated photoshoot location. This includes injuries sustained due to the actions of other clients, employees, or any hazards present in the environment.
Product Usage: Ben & Mae's Production, LLC shall not be held liable for any adverse reactions, injuries, or damages resulting from the use of any products we sell or allow customers to use. This includes, but is not limited to, skin care products, makeup, and other cosmetic items. Customers are advised to perform a patch test before using any new product and to discontinue use immediately if any adverse reaction occurs.
Medical Emergencies: In the event of a medical emergency during a photoshoot or while on our premises, customers assume full responsibility for any medical expenses incurred. Ben & Mae's Production, LLC does not provide medical insurance coverage for any accidents or injuries that may occur.
Slip and Fall Incidents: Ben & Mae's Production, LLC shall not be liable for any slip and fall incidents occurring in or around our studio space, within the Daytona Flea and Farmers Market, or at any off-site photoshoot location. This includes injuries resulting from wet floors, uneven surfaces, or other potential hazards. Customers are advised to exercise caution and be aware of their surroundings at all times.
Assumption of Risk: By engaging in the services of Ben & Mae's Production, LLC, or by using any of the products we sell or provide, customers acknowledge and agree to assume all risks associated with the activities and products provided. This includes, but is not limited to, risks of physical injury, allergic reactions, and other potential hazards.
Indemnification: Customers agree to indemnify and hold harmless Ben & Mae's Production, LLC, its owners, employees, agents, and affiliates from any claims, demands, or lawsuits arising from any injuries, damages, or other liabilities associated with the services or products provided by Ben & Mae's Production, LLC

Accompaniment and Liability Clause

Ben & Mae's Production, LLC, located in the Daytona Flea and Farmers Market, shall not be held liable for any injuries, damages, medical expenses, or other liabilities arising from any incidents, including slips and falls, involving any individuals accompanying the client to our studio or any on-location photoshoot. This includes, but is not limited to, friends, family members, or any other persons present at the photoshoot at the invitation or accompaniment of the client.
Third-Party Presence: Any individuals accompanying the client to the Ben & Mae's Production studio or on-location photoshoot are considered to be present at the client’s invitation and are the responsibility of the client.
Assumption of Risk: By agreeing to participate in a photoshoot with Ben & Mae's Production, LLC, the client acknowledges and agrees that any individuals they bring along assume all risks associated with being present at the photoshoot location. This includes the risk of physical injury, slips, falls, or other accidents.

By engaging in our services or utilizing our products, the customer acknowledges and agrees to this liability clause, understanding that they are assuming all risks and responsibilities associated with the activities and products provided by Ben & Mae's Production, LLC.

Model Release

The CLIENTS hereby grants to Ben & Mae’s Production and successors, heirs, executors, administrators, assigns, attorneys, representatives and agents, the irrevocable and unrestricted right to use and publish photographs of the CLIENTS or in which the CLIENTS may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. The CLIENTS hereby release Ben & Mae’s Production and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to Ben & Mae’s Production use of said images. I hereby give to Ben & Mae’s Production the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:

a) To copyright the same in the photographer’s name or any other name that he/she may select;

b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;

I hereby release and discharge the photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.

Ben & Mae's Production: Canvas Printing Service - In store and Online Policies

Welcome to Ben & Mae's Production, your premier destination for high-quality printing services. We are dedicated to providing our customers with exceptional prints that bring their favorite images to life. As we embark on this creative journey together, it is important to establish clear guidelines to ensure a smooth and enjoyable experience for everyone. Please take a moment to review our shop policy below:

1. Order Submission: Customers are encouraged to submit their print orders via our official website or in-store. Please ensure that the images are of high resolution to guarantee the best print quality. Our team is here to assist you in selecting the right size and finish for your canvas prints.

2. Copyright and Intellectual Property: Ben & Mae's Production respects the intellectual property rights of all creators and artists. We require that you, the customer, have the legal right to reproduce any images you submit for printing. By placing an order with us, you affirm that you either own the copyright to the image or have obtained permission from the copyright holder to reproduce the image on a print media.

Liability for Copyright Infringement: It is the customer's responsibility to ensure that all materials submitted for printing do not infringe upon the copyrights, trademarks, or other intellectual property rights of third parties. Ben & Mae's Production will not be held liable for any legal actions, fines, or claims arising from copyright infringement related to the images you provide for printing. By agreeing to our shop policy, you indemnify Ben & Mae's Production against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from any claim of copyright infringement.

3. Print Review and Approval: Before finalizing your canvas print or any print, a digital proof will be sent to you for approval. Please review the proof carefully for any errors or adjustments needed. Once you approve the proof, we will proceed with the printing process. Ben & Mae's Production is not responsible for errors noticed after the approval of the proof.

4. Turnaround Time and Shipping: Our standard turnaround time for prints is about 3-7 business days, excluding shipping times. Expedited processing is available upon request for an additional fee. Shipping options and costs will be provided at checkout. Ben & Mae's Production is not liable for delays caused by shipping carriers.

5. Returns and Exchanges: Due to the custom nature of our prints, all sales are final. We are committed to ensuring your your satisfaction.

6. Privacy Policy: Your privacy is important to us. Personal information collected during the ordering process is used solely for the purpose of processing your order and is not shared with third parties without your consent.

Payment Are Final: Payments must be made prior to beginning any custom project.
No Refunds or Returns on Custom Projects: Customized items are created specifically for you, reflecting your personal preferences and specifications. Because of the unique nature of these projects, we cannot accept returns or issue refunds once the design process has begun.
Confirmation Before Production: Prior to starting the production of your custom item, we will provide a detailed preview for your approval. This ensures that the final product meets your expectations. Once you confirm the design, changes, returns, or refunds cannot be accommodated.
Quality Guarantee: While we do not offer refunds or returns on custom projects, we stand by the quality of our work. If your item arrives damaged or does not match the approved design due to our error, please contact us within a specific timeframe to discuss a resolution.
Customer Responsibility: It is the customer's responsibility to review and approve all details of the custom project before production begins. This includes design, colors, materials, and dimensions. Please ensure all details are correct in the confirmation phase to avoid any issues.
Final Sale Agreement: By proceeding with a custom project, you acknowledge and agree that the order is final sale. No returns, exchanges, or refunds will be processed for custom items under any circumstances, except in the case of manufacturing defects or discrepancies from the final approved design.

Conclusion: Thank you for choosing Ben & Mae's Production for your canvas printing needs. We look forward to helping you bring your vision to life. If you have any questions or need further assistance, please do not hesitate to contact our customer service team.

By submitting your order, you agree to adhere to the policies outlined above.

Should you have any questions or concerns about our policies, please feel free to reach out to us. We're here to ensure your experience with Ben & Mae's Production is nothing short of excellent.

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