Christmas Mini Session Agreement
1. PAYMENT AND BOOKING
Full payment of $125 is due upon signing this Agreement.
The session is not reserved until Photographer has received both the signed Agreement and payment in full.
Until both requirements have been satisfied, Photographer may offer the requested time slot to another client.
Once the booking is confirmed, Photographer will reserve the agreed-upon time slot exclusively for Client.
The $125 session payment is non-refundable in the event of Client cancellation, subject to the cancellation and refund provisions of this Agreement and applicable law.
Additional photographs are optional and may be purchased after Client receives the online gallery. Payment for additional photographs must be received before the corresponding high-resolution files are delivered.
2. CANCELLATIONS, RESCHEDULING, AND TRANSFERS
Client Cancellation
Christmas Mini Sessions are offered on specific dates with limited availability. By reserving a session, Photographer commits the selected time slot exclusively to Client and makes it unavailable to other potential clients.
For this reason, the session payment is non-refundable if Client cancels the session, fails to attend, or is unable to participate, except as otherwise provided in this Agreement or required by applicable law.
Client may request to reschedule, but rescheduling is subject to Photographer's availability and approval. Photographer is not obligated to offer an alternative date or time.
If Photographer agrees to reschedule, the parties will confirm the new session details in writing.
Session Transfers
If Client cannot attend the scheduled session, Client may request to transfer the booking to another individual or family.
Any transfer requires Photographer's prior written approval. The replacement client must provide the necessary booking information and sign a new photography agreement before the scheduled session.
Photographer is not responsible for finding a replacement client or arranging reimbursement between the original Client and the replacement client.
Photographer Cancellation or Inability to Perform
If Photographer is unable to perform the scheduled session because of illness, injury, emergency, equipment failure, or circumstances beyond Photographer's reasonable control, Photographer may offer an alternative session date or time.
If the parties cannot agree on an alternative date or time, Photographer will refund all amounts paid for the affected session.
If Photographer cancels the session for any other reason before services are performed, Client will receive a full refund.
3. SESSION DURATION AND PUNCTUALITY
Christmas Mini Sessions are scheduled in consecutive time slots, and each session lasts 10 minutes.
Client agrees to arrive at the designated location on time and ready to be photographed.
If Client arrives late, the time lost will be deducted from the scheduled session duration. The session cannot be extended beyond its originally scheduled end time.
If Client arrives too late for the session to be reasonably completed within the remaining time, Photographer may treat the appointment as a missed session.
No refund or additional session time will be provided for lateness or failure to attend.
Additional photography time is not included in the package. Client must book an additional available time slot in advance if more time is desired.
4. SESSION SETUP AND PHOTOGRAPHER'S ARTISTIC DISCRETION
Client understands that Christmas Mini Sessions are conducted using a predetermined holiday-themed setup selected and arranged by Photographer.
The session includes the designated background, decorations, lighting, and other elements chosen by Photographer.
Client acknowledges familiarity with Photographer's portfolio, photography style, and editing approach and agrees to allow
Photographer to exercise professional and artistic discretion in creating and editing the photographs.
Photographer will make reasonable efforts to capture photographs consistent with the advertised session style. However, specific poses, expressions, compositions, or individual photographs are not guaranteed.
5. CLIENT RESPONSIBILITIES AND COOPERATION
Client is responsible for ensuring that all participants arrive ready to be photographed, including appropriate clothing, hair, makeup, and other aspects of their appearance.
Photographer is not responsible for wardrobe problems, makeup, hairstyles, or other appearance-related details that are outside Photographer's control.
Client agrees to provide reasonable assistance and cooperation during the session.
For sessions involving children, Client or another responsible adult designated by Client must remain present and supervise the children throughout the session.
Photographer will make reasonable efforts to encourage children's participation but will not force any child to pose or participate in an activity that makes the child uncomfortable.
Client understands that children's moods, behavior, cooperation, and willingness to participate may affect the photographs obtained.
Photographer is not responsible for missed photographs or unsuccessful poses resulting from a participant's unwillingness or inability to cooperate.
No refund or additional session time will be provided because a participant is uncooperative or unwilling to be photographed, provided Photographer is ready and able to perform the agreed-upon services.
6. IMAGE SELECTION AND ONLINE GALLERY
Photographer will select approximately 10 finished photographs from the session and make them available through an online gallery.
The exact number of photographs may vary depending on the results of the session.
Client understands that Photographer determines which photographs are suitable for delivery and that not every photograph taken during the session will be included in the gallery.
The gallery will contain finished, watermarked photographs from which Client may select the five images included in the package.
Client may purchase additional photographs at the prices stated in the Client and Session Information section of this Agreement.
The $120 entire-gallery option includes all photographs presented in the selection gallery, including the five photographs already included in the original session package. The total package price for the entire gallery is $245.
If Client has already purchased additional photographs and subsequently decides to purchase the entire gallery, those additional-image payments will be credited toward the $120 entire-gallery upgrade.
Client is responsible for reviewing the gallery and submitting the desired selections.
Watermarked gallery photographs are provided for viewing and selection purposes only. Client may not download, screenshot, reproduce, publish, or otherwise use these photographs without Photographer's written permission.
Only the high-resolution photographs delivered by Photographer are licensed for Client's use under this Agreement.
If fewer than five usable photographs are available because of circumstances beyond Photographer's reasonable control, Photographer will notify Client and offer an appropriate remedy, which may include a partial refund or another mutually agreed-upon solution.
7. EDITING AND RETOUCHING
All photographs included in the online gallery will have received Photographer's standard editing, including exposure and color adjustments and other corrections deemed appropriate by Photographer.
Additional retouching is not included in the session price.
Additional retouching includes, but is not limited to, skin retouching, body reshaping, clothing adjustments, makeup corrections, removing people or objects, or adding elements to a photograph.
If Client requests additional retouching, Photographer may offer such services for an additional fee, subject to Photographer's availability and approval.
Photographer is not obligated to perform additional retouching or make changes that conflict with Photographer's artistic style or professional judgment.
Client acknowledges that the photographs presented in the online gallery are finished images and that selecting or purchasing a photograph does not include additional editing or retouching.
8. DIGITAL FILES AND DELIVERY
Photographer will make reasonable efforts to provide Client's online gallery approximately one week after the session.
Once Client has submitted the image selections and paid for any additional photographs purchased, Photographer will provide a download link containing the selected images as high-resolution JPEG files.
Photographer is not responsible for delivery delays resulting from Client's failure to submit selections, complete additional payments, or provide accurate contact information.
The download link will remain available for seven days from the date it is provided to Client.
Client is responsible for downloading and safely storing the delivered photographs before the link expires.
Photographer does not guarantee that expired download links can be reactivated or that replacement files will remain available.
No printed photographs are included in the package.
9. UNEDITED PHOTOGRAPHS AND RAW FILES
Photographer retains sole discretion over which photographs are selected for editing and delivery.
Client will receive only the finished photographs selected from the online gallery and included in the package or purchased separately.
Unedited photographs, outtakes, rejected images, and RAW files are not included in the package and will not be provided to Client.
Client acknowledges that Photographer is not obligated to deliver every photograph taken during the session.
10. GALLERY AVAILABILITY AND FILE RETENTION
The online selection gallery will remain available for two months from the date it is delivered to Client.
Client is responsible for reviewing the gallery, submitting selections, and purchasing any desired additional photographs before the gallery expires.
After the gallery expires, Photographer may remove it without further notice and does not guarantee that it can be restored.
Photographer may also delete or archive photographs and other session files at Photographer's discretion after the gallery expiration date.
Photographer is not obligated to retain digital files indefinitely or provide replacement copies after the applicable delivery or gallery access period has expired.
Client is responsible for maintaining backup copies of all delivered photographs.
11. COPYRIGHT AND CLIENT'S USAGE RIGHTS
All photographs created during the session, including the delivered digital files, remain the copyrighted property of Tamara Benavente.
Upon receipt of payment in full, Photographer grants Client a perpetual, non-exclusive, non-transferable license to use the delivered photographs for personal, non-commercial purposes.
Permitted uses include printing photographs for personal display, sharing them with family and friends, creating personal holiday cards, and posting them on personal social media accounts.
Client may also reproduce the delivered photographs for other personal purposes, provided such use does not involve commercial promotion, resale, or licensing to third parties.
Client may not sell, license, or commercially exploit the photographs or authorize their use in advertising, marketing, or other commercial activities without Photographer's prior written permission.
Client may not remove or alter Photographer's copyright notices or other identifying information embedded in the delivered files.
Photographer retains all rights not expressly granted in this Agreement, including copyright ownership.
Payment for the session or delivery of digital files does not transfer copyright ownership to Client.
12. PHOTOGRAPHER'S PORTFOLIO AND SOCIAL MEDIA USE
Client grants Photographer permission to use photographs created during the session that depict Client and Client's minor children for Photographer's professional portfolio, photography website, business social media accounts, and other presentations of Photographer's photography work.
This permission includes displaying, publishing, reproducing, and sharing the photographs for the purpose of showcasing Photographer's work and promoting Photographer's photography services.
Client understands that photographs published on Photographer's website or social media accounts may be viewed and shared by members of the public.
This permission does not authorize Photographer to sell or license the photographs to third parties, use them in paid advertising campaigns, or use them to promote unrelated products, services, or businesses without obtaining additional authorization.
No additional compensation will be owed to Client or Client's minor children for the authorized uses described in this section.
Client confirms that Client is the parent or legal guardian of any minor children covered by this permission and is authorized to provide consent on their behalf.
Photographer retains copyright ownership of all photographs created during the session.
13. EXCLUSIVITY
Photographer will be the sole professional photographer providing photography services during the scheduled session.
Client and other participants agree not to take photographs or record video during the session without Photographer's permission.
This restriction is intended to prevent interruptions, distractions, and interference with the photography services during the limited session time.
14. LIMITATION OF LIABILITY
Photographer will exercise reasonable care in performing the photography services and handling the photographs.
If photographs are lost, damaged, corrupted, or otherwise unavailable because of equipment failure, technical malfunction, accidental deletion, or another circumstance, Photographer will make reasonable efforts to recover the affected files.
If Photographer materially fails to provide the agreed-upon services or deliverables because of an error or circumstance within Photographer's reasonable control, Photographer will, depending on the circumstances, offer an appropriate partial refund, replacement session, or other reasonable remedy.
If the entire session is lost or no usable photographs can be delivered, Photographer will refund the amount paid for the affected session.
To the extent permitted by applicable law, Photographer's total liability for claims arising from this Agreement will not exceed the total amount paid by Client under this Agreement.
This limitation does not apply to liability that cannot lawfully be limited or excluded.
Client acknowledges that particular moments, expressions, poses, or interactions may not be capable of being recreated.