TERMS AND CONDITIONS OF SALE & SERVICE

Last Updated: January 2026

These Terms and Conditions constitute a binding agreement between Benjamin Begin (hereinafter referred to as “The Photographer”) and the Client (the person booking the service). By booking a session and paying the deposit, the Client accepts these terms in full.

ARTICLE 1 – BOOKING & PAYMENTS

1.1. Deposit (Retainer Fee)
To secure a date, a non-refundable deposit (retainer) is required. The booking is not confirmed until the deposit has been received.

For Secret Proposals: A flat retainer fee of 150€ is required.
For Photo Tours: A deposit of 50% of the total package price is required.

1.2. Balance Payment
The remaining balance must be paid in full upon completion of the post-processing work, before the final delivery of the high-resolution images.

The Photographer reserves the right to withhold the delivery of the photo gallery until the full payment has been settled.

ARTICLE 2 – CANCELLATION & REFUNDS

2.1. Cancellation by the Client
The deposit serves to reserve the Photographer’s time and prevents other clients from booking that specific date. Therefore, the deposit is generally non-refundable if the Client decides to cancel the session.

2.2. The “Flight Exception” (Force Majeure)
The ONLY exception to the non-refundable deposit rule is in the event of Force Majeure related to travel.
If the Client is unable to reach Madeira Island due to a flight cancellation or diversion caused by severe weather conditions or airline strikes, the deposit will be fully refunded.

Proof required: The Client must provide official documentation from the airline confirming the cancellation.

2.3. Cancellation by the Photographer
In the unlikely event that the Photographer cannot perform the contract due to illness, emergency, or equipment failure, the Photographer will:

Attempt to find a replacement photographer of similar style, OR
Reschedule the session to a mutually agreed date, OR
Refund the deposit in full.

The Photographer’s liability is limited to the return of all payments received.

ARTICLE 3 – WEATHER POLICY

Madeira is known for its micro-climates. It can be raining in the mountains and sunny on the coast.

3.1. Cloudy Weather
We do not cancel shoots for cloudy weather. Clouds act as a natural diffuser and are essential for the “Cinematic” style of the Photographer.

3.2. Flexibility
The Client agrees to be flexible. The Photographer reserves the right to change the shooting location at the last minute to find better weather conditions.

3.3. Dangerous Conditions
The session will only be rescheduled or cancelled if the weather conditions are deemed dangerous (Red Alert, heavy storms, strong winds making driving unsafe) by the Photographer.

ARTICLE 4 – THE SHOOT & LATENESS

4.1. Lateness
The Client is responsible for arriving on time at the meeting point. Any lateness by the Client will be deducted from the total shooting time.

4.2. Guest Cooperation
On Photo Tours, the Photographer acts as a guide but is not responsible for the personal safety of the Client beyond safe driving. The Client is responsible for their own safety when walking on trails or cliffs.

ARTICLE 5 – DELIVERY & POST-PROCESSING

5.1. Editing Style
The Client acknowledges that they are familiar with the Photographer’s portfolio and style (“Cinematic”, moody, natural). The Photographer will edit the images according to their artistic vision.

5.2. Delivery Timeframe
Post-processing is an artistic task that takes time. The final digital gallery will be delivered within 6 to 8 weeks after the session date.

5.3. RAW Files
The Photographer delivers high-resolution, edited JPEG files. RAW (unprocessed) files are never delivered to the Client, unless previously negotiated in writing and subject to an additional fee.

ARTICLE 6 – COPYRIGHT & USAGE

6.1. Personal Use
Benjamin Begin retains the copyright to all images created. The Client is granted a worldwide, perpetual license for Personal Use Only.

Allowed: Sharing on social media, printing for home decor, sharing with friends/family.
Prohibited: Selling the photos, entering them in contests, or using them for commercial advertising without written permission.

6.2. Model Release
Unless strictly requested otherwise in writing prior to the shoot, the Client grants the Photographer the right to use selected images for their professional portfolio (website, Instagram, brochure).

ARTICLE 7 – PRINT STORE (Third Party)

If the Client orders physical prints (Fine Art Prints) via the website, these orders are fulfilled by a third-party partner (Gelato).

Production times, shipping delays, and delivery issues