Terms & Conditions

Last updated: June 2026

These Terms & Conditions (the “Agreement”) constitute a legally binding contract between Sophia Benavides, doing business as Back to Us Photography (the “Photographer”), and any person or entity who books, requests, pays a Retainer for, or participates in a photography session (the “Client”). By booking a session, submitting payment, or attending a session, the Client acknowledges that they have read, understood, and agree to be bound by every provision of this Agreement in its entirety. These terms are non-negotiable, are not subject to opt-out except where expressly stated herein, and apply to all sessions, packages, and services provided by the Photographer.

1. Definitions

For the purposes of this Agreement: “Session” means any photography appointment or shoot booked with the Photographer; “Retainer” means the non-refundable deposit required to reserve a Session; “Images” means all photographs, negatives, digital files, proofs, and derivatives created in connection with a Session; “Gallery” means the private online platform through which final Images are delivered; and “Party” or “Parties” refers to the Photographer and/or the Client as the context requires.

2. Acceptance & Formation of the Agreement

This Agreement becomes effective upon the earliest of (a) the Client's submission of a booking request, (b) the Client's payment of any Retainer or fee, or (c) the Client's attendance at a Session. The Client affirms that they are at least eighteen (18) years of age and possess the legal capacity and authority to enter into this Agreement, including on behalf of any minors, additional participants, guests, or other individuals appearing in or attending the Session.

3. Booking & Non-Refundable Retainer

A non-refundable, non-transferable Retainer is required to reserve and confirm a Session date and time. No date is held or guaranteed until the Retainer is received. The Client acknowledges and agrees that the Retainer compensates the Photographer for reserving the requested date, declining other engagements, and committing time and resources, and that the Retainer is therefore earned upon receipt and shall not be refunded under any circumstances, including but not limited to cancellation, rescheduling, no-show, or dissatisfaction. The Retainer is applied toward the total Session fee.

4. Fees, Payment & Default

The remaining balance of the Session fee is due in full on or before the date of the Session unless otherwise agreed in writing. The Photographer is under no obligation to perform a Session, deliver Images, or grant access to any Gallery until all amounts owed have been paid in full. Payments are non-refundable once a Session has occurred. Returned, reversed, charged-back, or dishonored payments may incur additional administrative fees, and any chargeback initiated by the Client in violation of this Agreement shall constitute a material breach.

5. Cancellation & Rescheduling by the Client

Should the Client wish to cancel or reschedule, the Retainer is forfeited in all cases. The Photographer may, at her sole discretion and as a courtesy, apply a forfeited Retainer toward a single rescheduled Session provided the Client requests rescheduling with reasonable advance notice. Repeated rescheduling, tardiness, or failure to appear may, at the Photographer's sole discretion, require a new Retainer or result in termination of this Agreement without refund.

6. Cancellation & Rescheduling by the Photographer

The Photographer reserves the unconditional right, exercisable in her sole and absolute discretion, to cancel, postpone, reschedule, or shorten any Session at any time up to two (2) hours prior to the scheduled start time, for any reason or no reason, including but not limited to illness, injury, emergency, inclement or unsafe weather, equipment failure, unsafe conditions, or circumstances beyond her reasonable control. In the event of such cancellation, the Photographer's sole obligation, and the Client's sole and exclusive remedy, shall be, at the Photographer's election, either to reschedule the Session to a mutually available date or to refund amounts actually paid for the affected Session. Under no circumstances shall the Photographer be liable for any costs, expenses, lost opportunities, or consequential damages incurred by the Client in connection with any such cancellation or rescheduling.

7. Late Arrival, No-Show & Session Conduct

Session time begins at the scheduled start time. Time lost due to the Client's late arrival shall not be added to or extend the Session, and no fee reduction or refund shall be owed. A Client who fails to appear within fifteen (15) minutes of the scheduled start time without notice may be deemed a no-show and shall forfeit all amounts paid. The Photographer reserves the right to terminate any Session, without refund, in the event of abusive, threatening, unsafe, intoxicated, or otherwise inappropriate conduct by the Client or the Client's guests.

8. Weather & Force Majeure

The Photographer shall not be liable for any failure or delay in performance resulting from events beyond her reasonable control, including but not limited to acts of God, severe or unsafe weather, fire, flood, illness, pandemic, governmental action, power or equipment failure, or other force majeure events. In such circumstances the Photographer will make reasonable efforts to reschedule the Session, which shall be the Client's sole and exclusive remedy.

9. Creative Control & Artistic Discretion

The Client acknowledges that photography is a subjective art form and that the Photographer retains full and exclusive creative control over all artistic decisions, including but not limited to posing, location, composition, lighting, styling, editing, and the selection and culling of Images. The Photographer's editing style is as represented in her portfolio. The number of final Images is determined in the Photographer's sole discretion subject to any stated minimum for the booked package, and the Photographer does not guarantee the inclusion of any specific pose, expression, person, or shot.

10. Delivery, Turnaround & File Retention

Final, edited Images are delivered electronically via a private Gallery, ordinarily within two to three (2–3) weeks of the Session, though delivery timelines are estimates and are not guaranteed. The Photographer delivers a curated set of edited Images; unedited, proof, or RAW files are not provided, sold, or released under any circumstances. The Client is solely responsible for promptly downloading and creating backup copies of their Images. The Photographer is under no obligation to archive, store, or reproduce Images beyond the Gallery's availability period and shall bear no liability for any loss of files thereafter.

11. Intellectual Property & Copyright

All Images are the original creative work of the Photographer, who retains sole and exclusive ownership of all copyright and intellectual property rights therein pursuant to the United States Copyright Act (17 U.S.C. § 101 et seq.) from the moment of creation. Upon payment in full, the Client is granted a limited, non-exclusive, non-transferable, revocable license to download, print, and share the delivered Images for personal, non-commercial use only. The Client shall not, and shall not permit any third party to: (a) sell, license, or use the Images for any commercial purpose; (b) alter, edit, crop, apply filters to, or otherwise modify the Images, including the removal of any watermark; (c) claim authorship of the Images; or (d) submit the Images to any artificial-intelligence, machine-learning, or dataset-training system. The Client agrees to credit “Back to Us Photography” where reasonably practicable when publicly sharing the Images.

12. Model Release & Use of Likeness (Mandatory; No Opt-Out)

As a material and non-severable condition of this Agreement, and in consideration of the Photographer's services, the Client hereby irrevocably and unconditionally grants to the Photographer, and her successors, assigns, and licensees, the perpetual, worldwide, royalty-free, and fully transferable right and permission to reproduce, publish, display, exhibit, distribute, license, and otherwise use any and all Images and the likeness, image, and voice of the Client and all persons appearing in the Session, in whole or in part, in any and all media now known or hereafter devised, for any purpose whatsoever, including without limitation advertising, marketing, promotion, portfolio, website, social media, print, publication, competition, and display, without further notice, compensation, approval, inspection, or consideration of any kind.

The Client expressly waives any right to inspect or approve the finished Images or any use thereof, and irrevocably releases, discharges, and holds harmless the Photographer from any and all claims, demands, or causes of action arising out of or in connection with such use, including without limitation any claim for defamation, invasion of privacy, violation of the right of publicity, infringement of moral rights, or misappropriation. This release is mandatory, applies to all persons appearing in or attending the Session (and, in the case of minors, is granted by the Client as parent or legal guardian with full authority to do so), and may not be opted out of, withdrawn, conditioned, or revoked.

13. Limitation of Liability

To the maximum extent permitted by applicable law, the total aggregate liability of the Photographer arising out of or relating to this Agreement, any Session, or any Images, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount actually paid by the Client to the Photographer for the Session giving rise to the claim. In no event shall the Photographer be liable for any indirect, incidental, special, punitive, or consequential damages, including without limitation loss of memories, loss of data, emotional distress, or lost profits, even if advised of the possibility of such damages. The Client acknowledges that in the event of equipment malfunction, file corruption, loss, theft, or any other cause that prevents the creation or delivery of some or all Images, the Photographer's sole obligation shall be a refund of the amounts paid, and the Client waives all further claims.

14. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Photographer from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Client's breach of this Agreement, the Client's or the Client's guests' conduct, any injury or property damage occurring during a Session, the use of any location, or any claim brought by a third party or minor appearing in or attending the Session.

15. Assumption of Risk

The Client voluntarily assumes all risk of personal injury, illness, or property damage to themselves and their guests during any Session, including at outdoor or off-site locations, and releases the Photographer from any and all liability arising therefrom to the fullest extent permitted by law.

16. Privacy

Personal information provided by the Client is used solely to communicate regarding and to fulfill the Session and is not sold or disclosed to third parties except as necessary to provide the services or as required by law.

17. Governing Law & Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in or serving Jefferson County, New York, for any matter not subject to arbitration under Section 18.

18. Dispute Resolution & Arbitration

The Parties shall first attempt to resolve any dispute arising out of or relating to this Agreement informally and in good faith. Any dispute not so resolved shall be submitted to final and binding arbitration administered in the State of New York in accordance with the rules of the American Arbitration Association, and judgment on the award may be entered in any court of competent jurisdiction. To the extent permitted by law, the Parties waive any right to a trial by jury and any right to participate in a class or representative action. Each Party shall bear its own costs except as the arbitrator may otherwise award.

19. Severability, Waiver & Entire Agreement

If any provision of this Agreement is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force and effect; provided, however, that the model release in Section 12 is a material term and the Parties intend it to be enforced to the fullest extent permitted by law. No failure or delay by the Photographer in exercising any right shall constitute a waiver thereof. This Agreement constitutes the entire agreement between the Parties and supersedes all prior understandings. The Photographer reserves the right to amend these terms at any time, with the version in effect at the time of booking governing that Session.

20. Acknowledgment

By booking a Session, paying a Retainer, or attending a Session, the Client acknowledges that they have read, understood, and agree to be bound by this Agreement in its entirety, including the mandatory, non-opt-out model release set forth in Section 12.

21. Contact

Questions regarding these Terms may be directed to the Photographer prior to booking at backtousphotography@gmail.com or by text at (315) 540-0308.