These Terms of Service ("Terms") govern your use of our services, including but not limited to our photography services, website, and any related products or features (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
1.1 Photography Services: Elizabeth Benson Photography specializes in professional architectural photography services, Including but not limited to: architectural structures, interiors, exteriors, landscapes, cityscapes, historical buildings, modern designs, commercial properties, residential properties, urban developments, and architectural details.
1.2 Website and Content: Our website serves as a platform to showcase our portfolio, provide information about our services, and communicate with clients. All content displayed on our website, including photographs, text, logos, and graphics, are protected by copyright and intellectual property laws.
Booking, Payments, and Cancellations
2.1 Booking: To secure our photography services, you must book an appointment in advance. Please contact us through our website or other designated channels to check availability and schedule a session. The booking confirmation is subject to availability.
2.2 Fees and Payment: The pricing for our photography services is outlined in our price list or as mutually agreed upon. Payments can be made through the designated payment methods stated on our website or agreed upon between the parties.
2.3 Client-side cancellations: If clients cancel their appointment less than or equal to 24 hours before the scheduled photoshoot, a cancellation fee of $25 will apply. In such cases, you have the option to reschedule your appointment for a different available time.
2.4 Cancellations Due to Property Access Complications: If the photographer has not been granted access to the property, a cancellation fee of $25 will apply.
2.5 Cancellations made by Elizabeth Benson Photography: In the event that Elizabeth Benson Photography needs to cancel a scheduled shoot due to unforeseen circumstances, the client will be promptly notified and offered a rescheduling option. Since no payments are required before image delivery, the client is not eligible for a refund.
3.1 Copyright Ownership: Elizabeth Benson Photography maintains full ownership of all copyrights and intellectual property rights pertaining to the photographs captured during our sessions. You are granted a personal, non-exclusive license to utilize the photographs for the promotion of your real estate listings and/or professional services, as you see fit. However, it is strictly prohibited to resell the photographs without obtaining prior written consent from Elizabeth Benson Photography.
4.1 Cooperation: As a client, you agree to cooperate with Elizabeth Benson Photography to ensure the success of the photoshoot. This includes providing accurate information about the property and property location, as well as having a homeowner and/or real estate agent be present at the property. If the homeowner and/or real estate agent cannot be present at the photoshoot, access information such as lockbox codes must be provided. Additionally, your assistance in staging the home with Elizabeth Benson is greatly appreciated.
4.2 Venue and Permissions: It is the clients responsibility to obtain any necessary permissions, permits, or authorizations for photoshoots. Elizabeth Benson Photography is not liable for any issues arising from the clients’ failure to obtain such permissions.
4.3 Guest Conduct: You are responsible for the conduct of your guests during the photography session. Any damage to equipment or disruption caused by guests may result in additional fees.
Limitation of Liability
5.1 Quality: You are guaranteed quality standards that meet or exceed Elizabeth Benson’s personal and professional interpretations of the following criteria: “superior image composition”, “exceptional color accuracy”, and “optimal scene lighting”. In the event that you, as the client, are unsatisfied with the image quality, you have the right to request a complete reshoot and/or reprocessing at no additional cost. Requests may or may not be granted.
5.2 Delivery: You are guaranteed to receive the agreed-upon number of images. Our standard policy is to deliver the images by 5 PM on the day following the scheduled photoshoot. While this holds true for 99% of our photoshoots, unforeseen circumstances may lead to delays. If such a situation arises, your photos will be delivered at the earliest possible time. Please note that in the event of a delay, you are not entitled to a partial or full refund.
6.1 Modifications: Elizabeth Benson Photography reserves the right to modify or update these Terms of Service at any time without prior notice. It is your responsibility to review the most current version of the Terms on our website before using our Services.
6.2 Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws principles.
6.3 Entire Agreement: These Terms constitute the entire agreement between you and Elizabeth Benson Photography, superseding any prior agreements, communications, or understandings, whether oral or written.