I. DEFINITIONS

 

   A. CLIENT means the person(s) or party(ies) which retain Precious Pics Production Inc. to provide photography and/or videography services for the EVENT (defined below).

 

   B. COMPANY means Precious Pics Production Inc., a Corporation and all duly authorized agents thereof.

 

   C. EVENT means the Ceremony, the Reception, and any other events specifically identified by CLIENT.

 

   D. These Terms of Service (the "ToS") describe relations between CLIENT and COMPANY and represent the full and complete understanding between the parties hereto with respect to the subject matter described herein. This ToS comes into force after CLIENT commits to receiving services from COMPANY by paying the first invoice issued by COMPANY and supersedes all prior negotiations, representations, promises, and statements between CLIENT and COMPANY concerning the subject matter herein, whether written or oral, express or implied, and in no event will this ToS be interpreted against either party hereto as the drafter. The parties to this ToS hereby agree as follows:

 

II. TERMS

 

      A. Production Schedule

 

      CLIENT is required to finalize and confirm all details of EVENT with COMPANY no later than two (2) weeks before EVENT date. COMPANY will issue an email to CLIENT detailing EVENT's parameters as relayed to COMPANY, which will constitute the definitive production plan. It is imperative that CLIENT reviews, amends, and approves this plan promptly. In instances where specific details about any segment of EVENT cannot be provided, CLIENT must submit the most accurate information available to them. It is crucial to understand that failure to supply essential information by the specified deadline will result in COMPANY's inability to guarantee coverage of EVENT. COMPANY will endeavor to fulfill all CLIENT requests to the best of its ability; however, CLIENT acknowledges that due to the inherent unpredictability of live events, not all requests or plans may be feasible. Specifically, COMPANY cannot be held liable for the omission of specific photographs, scenes, or details CLIENT wished to capture if these were not explicitly guaranteed in the finalized production plan or were impractical due to EVENT's dynamics.

 

      Should CLIENT desire additional coverage either before or on the day of EVENT, it must be arranged in advance, subject to COMPANY's availability. Additional coverage will incur charges of three hundred and forty-nine dollars ($349.00) per operator per hour if booked prior to EVENT and three hundred and ninety-nine dollars ($399.00) per operator per hour for bookings made on EVENT day. Note that only full-hour extensions can be accommodated; partial hour extensions are not available. CLIENT expressly acknowledges that COMPANY reserves the right to decline specific coverage requests that are unfeasible, and COMPANY shall not be held responsible for not capturing particular moments or details that fall outside the scope of the agreed production plan or are beyond COMPANY's control.

 

      B. Contingency Date/s

 

      i. "CLIENT-insured contingency date(s)" shall encompass any additional day(s) reserved by CLIENT for EVENT, beyond the original EVENT date. This includes instances of postponements where a new date may not yet be determined. CLIENT agrees to authorize and fund the reservation of such additional day(s) through an additional payment to COMPANY, the amount of which will be determined by COMPANY in advance. At least one possible contingency or new EVENT date must be selected and the associated reservation fee paid before the original EVENT date.

 

      ii. In circumstances necessitating the use of a contingency date, including postponements, COMPANY will allow CLIENT to reschedule the photography and/or videography services to a new date of CLIENT's choosing. Should CLIENT decide against rescheduling and opt to terminate this Agreement, COMPANY will refund only the second installment within fourteen (14) days of receiving written notice from CLIENT of their decision not to proceed with EVENT.

 

      iii. CLIENT must re-book EVENT within 365 days of the original EVENT date to maintain the validity of their package and avoid forfeiture of their initial payment. Failure to reschedule to a properly reserved contingency date or to provide a new EVENT date within this timeframe will result in the non-refundable loss of the first installment paid to COMPANY. This forfeiture compensates COMPANY for administrative, scheduling, labor, travel, communication, and any other costs incurred while preparing to fulfill its obligations to CLIENT under the terms agreed herein. CLIENTS opting for postponement are required to pay the stipulated contingency date fee to secure the new date.

 

     C. Payment Policy

 

     i. First Installment:

        The first installment of 50% (Fifty Percent) of the agreed upon total price for COMPANY's services will initiate the reservation of COMPANY for EVENT to be placed, and this ToS to be executed by both parties. This initial deposit must be tendered by CLIENT along with acceptance of these ToS.

 

     ii. Second Installment:

        The entire remaining balance is due and payable no less than fourteen (14) days before EVENT.

 

     iii. Payment for all sales tax, use tax, or other tax payable on production and delivery of all product(s) to CLIENT (other than sales tax arising from purchases of materials or supplies in connection with the production) shall be the sole responsibility of CLIENT.

 

     iv. CLIENT shall make timely payments within three (3) days after receipt of COMPANY's invoice. If, without the written consent of COMPANY, CLIENT elects to defer paying any amount beyond the date on which such amount(s) is/are due, then CLIENT shall be charged, at COMPANY's discretion, as an administrative fee, an amount equal to the current prime rate +10% on unpaid amounts until paid in full; such amount(s) outstanding to be compounded monthly. COMPANY shall have unrestricted and unlimited right to withhold any or all scheduled EVENT services as well as delivery of all or part of the raw footage, first edit, final edit, or any combination thereof to CLIENT until full payment is made to COMPANY in accordance with this ToS.

 

     v. If COMPANY consents to an installment payment plan with respect to CLIENT, then all installments must be paid no less than 10 days before EVENT.

 

     D. Refund and Cancellation Policy

 

     i. Should CLIENT decide to cancel the entirety of the services contracted, the first installment paid by CLIENT will not be refunded or exchanged for any other service for any reason. This non-refundable deposit serves as liquidated damages to compensate COMPANY for the administrative, preparatory, and initiation costs incurred in the process of arranging the agreed-upon services between CLIENT and COMPANY. This liquidated damages clause is acknowledged by CLIENT as a fair and reasonable measure of compensation for COMPANY's time, effort, and expenses devoted to preparing for EVENT. For cancellations made less than 14 days before EVENT, CLIENT's second installment will also not be refunded.

ii. In the event of a CLIENT-initiated postponement, deposits may be transferred to a new EVENT date, subject to COMPANY's availability. COMPANY will endeavor to accommodate the new EVENT date, but cannot guarantee availability if it conflicts with other commitments. Should the new EVENT date not be feasible, the initial deposit remains non-refundable, with any additional payments refunded within fourteen (14) days of COMPANY's notification to CLIENT.

     iii. If CLIENT elects to cancel one service (e.g., photography but not videography), the portion of the deposit attributable to the canceled service becomes non-refundable. CLIENT will be provided with a new quote for the remaining service(s). This policy reflects the understanding that partial cancellation is treated as a downgrade, and the non-refundable deposit for the canceled service compensates COMPANY for the reserved time and resources that could have been allocated elsewhere. The deposit made towards the continuing service will be applied to the new quote, recognizing CLIENT's continued engagement with COMPANY for the retained service.

     iv. In the rare case of a COMPANY-initiated cancellation, COMPANY is committed to refunding CLIENT the total of all payments made, including any deposits, within fourteen (14) days of the notification to CLIENT of such cancellation.

     v. Under no circumstances will COMPANY's liability to CLIENT exceed the total amount paid by CLIENT to COMPANY.

 

     E. On-Site Permitting for Photography and/or Videography

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     CLIENT shall be solely responsible for paying any fees and/or obtaining any licenses and/or permits and/or permission(s) required by any site owner, operator, or regulatory authority for the use of any premises or location so that COMPANY's services may be properly provided as to any EVENT(S) booked by CLIENT.

 

     F. Wedding Day Coverage

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     i. CLIENT shall be solely responsible for securing permission from the site owner, operator, or regulatory authority for use of EVENT site as well as the consent necessary for COMPANY's authorized agent(s) to set up all necessary production equipment. CLIENT agrees and understands that the quality of the production services is dependent upon adequate lighting, camera/microphone placement, and other conditions not under COMPANY's control.

     ii. COMPANY shall not be held responsible or liable for poor quality audio in the event that any party refuses to wear a lapel microphone, nor for poor quality, dark, or grainy video footage resulting from inadequate/improperly placed lighting, nor the refusal of CLIENT to allow camera-top or other lighting as requested by COMPANY's videographer at EVENT. Further, COMPANY shall not be held responsible or liable for electrical or mechanical malfunctions at EVENT, which are not within the realm of control of COMPANY.

     iii. COMPANY reserves the right to discontinue providing any and all services to CLIENT in any situation (ex: inclement weather, extreme temperatures, hazardous locations) that could place the safety of the camera operator(s) or equipment at risk of harm or damage.

     iv. The ability of COMPANY to perform under this ToS is subject to proven detention by sudden illness, accidents, acts of God, or any other force majeure (as that term is generally understood) condition(s) beyond the control of COMPANY, including the absence of any CLIENT-supplied elements at EVENT.

     v. On the chance occurrence of such an eventuality that makes it impossible for the booked authorized agent of COMPANY to perform the agreed-upon services for CLIENT, every reasonable attempt will be made to secure the services of a backup authorized agent to perform the services for CLIENT on short notice, if at all possible. If COMPANY is unable to replace its authorized agent, then CLIENT shall receive a full refund of all sums which have already been paid to COMPANY.

vi. COMPANY will use its best efforts to follow the production schedule as intended; however, EVENT schedules may shift, and events planned may be delayed. COMPANY will establish an arrival time for EVENT with CLIENT well in advance to EVENT and remain on duty for the specific number of hours requested by CLIENT. Coverage hours included in the package are for EVENT only and must be consecutive. This block of time includes set-up and tear-down of equipment, possible transportation between shooting locations, and generally at least one or more meal break(s) depending on the total length of the reserved time block. Equipment set-up time is included in the total hours of coverage and may fluctuate based on the particularities of each EVENT location. In the event of a schedule shift, our authorized agent(s) will do their best to adjust accordingly using their professional judgment.

     vii. Lead and Associate Working Hours Coordination:

       It is an express condition of this agreement that any associate or secondary shooter (referred to herein as "Associate") engaged by COMPANY to provide services during EVENT shall operate within the working hours established for the Lead shooter, videographer, or other primary service provider (referred to herein as "Lead"). Associate's service hours shall not extend beyond or precede the contracted time block of the Lead. CLIENT acknowledges and agrees that coordinating the working hours of the Lead and Associate(s) is crucial to ensure consistency, quality, and coordination of the production. Any deviation or exception to this clause shall only be valid if expressly agreed upon in writing by both CLIENT and COMPANY.

  

     H. Parking and Meal Arrangements

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     i. CLIENT shall provide the camera and equipment operator(s) with one hot meal or an equivalent to the guest's meal during each six (6) hour block of EVENT coverage. In the event that CLIENT fails to arrange meals, the operator(s) are allowed to take a 15-minute meal break every four (4) hours during EVENT coverage. This meal break will be considered as part of the coverage time. If the operator(s) must arrange for their own meal, COMPANY will invoice CLIENT an additional fee of $50 per meal per operator to cover the out-of-pocket meal expenses. CLIENT shall be responsible for reimbursing these additional meal expenses incurred by the operator(s).

     ii. CLIENT is responsible for parking arrangements near every location used during the coverage. COMPANY shall receive information about parking from CLIENT not later than 5 days before EVENT. In the event CLIENT fails to provide parking arrangements for the operator(s) COMPANY will invoice the parking expenses to CLIENT and can demand these expenses covered by CLIENT. CLIENT cannot hold COMPANY liable for any arrival and/or start coverage delays related to lack of proper parking arrangements.

 

     I. Pre-Edit Form

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     Upon consent to this ToS, CLIENT will provide as much information as possible regarding the first edit. PRE-EDIT form is due on or before the date of EVENT. COMPANY will not accept pre-edit forms after the date of EVENT and will complete edits based on its own creative judgment.

     COMPANY is generally able to accomplish most editing requests and instructions; however, at times this may be impossible. COMPANY will use its best efforts to edit EVENT footage in accordance with the wishes and directions of CLIENT. In no event COMPANY shall be liable for not being able to accomplish CLIENT's requests. For video editing, CLIENT should make all song choices available to COMPANY prior to EVENT. The number of song selections should correspond to the number of songs CLIENT will receive in the edited package (one song for a one-song edit).

 

     J. Editing

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     i. The editing process for photos will commence and aim to be completed within 2 weeks from the day of the wedding or from the day COMPANY receives the music and PRE-EDIT FORM from CLIENT, whichever is later. For video editing, the timeline extends to 6-8 weeks under the same conditions. This timeframe is an estimate and may vary depending on CLIENT's specific needs and circumstances.

ii. Upon completion of the initial edit, CLIENT may request one (1) round of up to fifteen (15) simple edits/revisions, which must be submitted within fifteen (15) days after the first edit is delivered. This free round of edits/revisions does not include changes to background music. Failure to submit requested edits/revisions within this period will result in CLIENT forfeiting their right to this courtesy service, and any subsequent edits/revisions will be billed at COMPANY's standard hourly rate.

      iii. Additional editing time for revisions, beyond the initial completion estimate, will take up to 2 extra weeks for photo edits and up to 4 extra weeks for video edits. This extended timeframe is applicable outside the peak season, during which revisions may be completed sooner.

      iv. Retouching and enhancements, including but not limited to artistic color correction, exposure optimization, and spot removal, are considered custom work and are billed at $25 per image. COMPANY disclaims responsibility for the quality of enlargements made from these images by any third-party photo lab. Once digital files are released to CLIENT, COMPANY is absolved from all liability concerning the archiving of these files.

      v. Should CLIENT require additional creative or discretionary changes beyond the initial or revised edits, such work will be quoted at $100 per hour. COMPANY will provide CLIENT with a detailed quote, scope of work, and invoice for the total cost of these additional edits/revisions. Payment in full is required before commencement of this work.

      vi. Following CLIENT approval of the edits, COMPANY will proceed to finalize and deliver the product as outlined in the contract. If no feedback is received from CLIENT within thirty (30) days after delivering the first edit, COMPANY reserves the right to complete and deliver the final product based on the last provided edits.

      vii. COMPANY may, at its discretion, provide "Unpolished Moments" galleries as part of its deliverables. These images may not meet COMPANY's standard quality criteria but are included for CLIENT's benefit. CLIENT acknowledges and agrees that:

           a) Unpolished Moments are provided "as-is" without warranty of any kind;

           b) Such images are not subject to re-edits, enhancements, or quality-related complaints;

           c) By accepting Unpolished Moments, CLIENT waives any right to request modifications or refunds related to these specific images.

 

     K. Final Product

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      i. COMPANY's primary contribution is the unique and creative editing of the deliverables, which may include, but are not limited to, films, highlight reels, Instagram videos, and photographs. All CLIENT requests are taken into full consideration within the creative process, aimed at producing a memorable product for CLIENT's special occasion.

      ii. The deliverables are created using Raw footage and materials collected at EVENT. These are initially unrefined but are transformed through COMPANY's creative editing process. COMPANY shall incorporate CLIENT's input into the creation of the final deliverables; however, COMPANY retains ultimate creative authority over the outcome. The total running time and composition of the final deliverables will be influenced by the volume and nature of the footage produced at EVENT, as well as the specific package selected by CLIENT. 

      iii. CLIENT is obligated to select their preferred images within a six-month period following receipt of their gallery. Delay in making these selections may incur additional production costs, for which CLIENT will be financially responsible. These additional costs could arise from changes in pricing, product availability, or other market factors. COMPANY will endeavor to inform CLIENT of any approaching deadlines and the associated consequences of delay, emphasizing the importance of adherence to this timeline for the efficient and economical production of albums and prints.

 

     L. Pre-Event Walkthroughs

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      Pre-event walkthroughs are offered as an optional service to CLIENT, facilitating an on-site review of EVENT location(s) by COMPANY and its designated operator(s). These walkthroughs are scheduled at mutually agreed times between COMPANY, CLIENT, and the involved operator(s), subject to availability. The rate for pre-event walkthroughs is established at $199 per operator per hour. Depending on the location of EVENT, additional travel costs may be applicable.

Pre-event walkthroughs are optional and typically unnecessary due to COMPANY's comprehensive White Glove Concierge service, though they may be recommended for complex EVENTS to ensure alignment of vision and expectations between CLIENT and COMPANY. Such walkthroughs, when agreed upon, will be coordinated directly with CLIENT with clear objectives and costs outlined.

 

     M. Exclusive Coverage

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      COMPANY shall be the exclusive provider for the purpose of photographing and videotaping EVENT. No third-party professional photographer (or anyone with a professional camera) is allowed to photograph any part of EVENT. In the case another outside professional photographer is present, COMPANY will treat it as a cause to discontinue coverage without breaching the Terms. Family and friends will be permitted to photograph events as long as they do not interfere with COMPANY photographers or video operators and do not photograph poses arranged by COMPANY.

 

      N. Third-Party Content Creators and Event Staff Documentation

 

      CLIENT acknowledges and agrees that any third-party content creators, including but not limited to social media content creators, event planner's documentation staff, or other media personnel contracted through other vendors, shall be subject to the same restrictions as other professional photographers/videographers under this agreement. Such third-party content creators must not interfere with or impede COMPANY's ability to fulfill its contracted services. CLIENT shall ensure that all vendors, event staff, and their associates are informed of and comply with COMPANY's exclusive coverage rights. Should any third-party content creator's actions materially interfere with COMPANY's ability to provide services (including but not limited to blocking key shooting positions, disrupting planned shots, or causing significant delays), COMPANY reserves the right to:

 

      i. Require immediate cessation of the interfering activity

      ii. Temporarily suspend coverage until the interference is resolved

      iii. Document such interference and any resulting impact on deliverables

      iv. If interference persists despite notification, treat such interference as a material breach of this agreement

 

      CLIENT shall be responsible for managing and resolving any conflicts with third-party content creators that arise during EVENT. Failure to address such interference after notification may result in limitations to COMPANY's ability to deliver contracted services, for which COMPANY shall not be held liable.

 

     O. Drone Equipment and Autonomous Systems Policy

 

     i. Utilization by COMPANY of aerial drones or other autonomous vehicles or machines (including but not limited to robotic arms, gimbals, automated camera systems, remote-controlled devices, and any other automated or semi-automated equipment) during wedding coverage is subject to availability and conditions at EVENT. Use of such equipment must comply with all relevant local rules and laws, is subject to weather conditions, venue restrictions, and will depend on the ability of the authorized operator to utilize the equipment safely with respect to EVENT's physical surroundings and mindful of the wellbeing of EVENT attendees. Utilization and operation of any autonomous equipment shall occur in the sole discretion of the authorized operator, without any liability accruing to COMPANY in the event such equipment cannot be utilized for any reason. In the event autonomous equipment cannot be utilized at EVENT, such an occurrence will not be deemed to be a breach of any ToS(s) between CLIENT and COMPANY; CLIENT shall not receive a refund of the amount specifically paid to COMPANY for the use of such equipment. CLIENT shall have full and sole responsibility for obtaining and paying for all necessary permits, consents, and clearances for the operation of any autonomous equipment at EVENT.

 

     ii. COMPANY is unable to provide simultaneous aerial or autonomous equipment coverage and traditional ground coverage of a singular moment during EVENT, unless a dedicated Advanced Equipment Operator is specifically engaged for the sole purpose of operating such equipment. The availability of an Advanced Equipment Operator for this purpose is subject to their availability at the time of the booking and may not be guaranteed if not included in the initial package selected by CLIENT. In such cases, CLIENT shall be responsible for any additional costs associated with engaging a separate Advanced Equipment Operator. COMPANY will coordinate with the Advanced Equipment Operator to ensure seamless integration of all coverage types, subject to the terms and conditions set forth in this ToS and any applicable laws and regulations.

 

     iii. The use of advanced equipment and autonomous systems may be subject to specific venue restrictions, weather conditions, or local regulations that were not known or not in effect at the time of booking. COMPANY reserves the right to modify or suspend the use of such equipment if conditions or restrictions make their use unsafe, illegal, or impractical. In such cases, COMPANY will make reasonable efforts to provide alternative coverage methods, but shall not be liable for any perceived reduction in coverage quality or scope.

 

     iv. CLIENT acknowledges that advanced equipment and autonomous systems may require additional setup time, safety zones, or restricted areas during EVENT. CLIENT agrees to accommodate these requirements and assist in communicating any necessary restrictions or safety protocols to EVENT attendees. COMPANY reserves the right to suspend or terminate the use of such equipment if safety protocols cannot be maintained.

 

     v. In no circumstance will COMPANY be liable in any amount (to include indirect, special, incidental, consequential, punitive, exemplary, enhanced or similar damages), save for gross negligence or intentional misconduct directly attributed to COMPANY or its agent(s), for any damages or physical injury that may occur as a result of the operation of any advanced equipment or autonomous systems at EVENT. Notwithstanding the foregoing, the limitation of all damages payable to CLIENT by COMPANY as a result of advanced equipment operation will be the amount paid by CLIENT to COMPANY for the use of such equipment at EVENT. CLIENT hereby releases COMPANY and accepts full liability, and furthermore shall hold-harmless and shall indemnify COMPANY if any damages or physical injury occurs at EVENT through no fault of COMPANY or its agent(s).

 

     vi. Any specific equipment requests must be made in writing at least thirty (30) days prior to EVENT. While COMPANY will make reasonable efforts to accommodate such requests, the availability of specific equipment cannot be guaranteed unless explicitly confirmed in writing by COMPANY. Alternative equipment of similar capability may be substituted at COMPANY's discretion.

 

     vii. For certain types of advanced equipment, COMPANY may require additional insurance coverage to be secured by CLIENT. The requirement for and cost of such additional insurance will be communicated to CLIENT during the booking process. Failure to secure required insurance coverage may result in the unavailability of such equipment during EVENT, without any liability to COMPANY.

 

     P. Copyrights

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      i. All original footage remains the sole property of COMPANY. COMPANY owns, and CLIENT hereby assigns to COMPANY, all copyrights and proprietary rights in all footage taken by COMPANY or its authorized agents, which will have the exclusive right to license to others the right to produce, copy, make, sublicense or sell such footage in its sole discretion. COMPANY grants CLIENT a non-exclusive, non-transferable license to use the original footage and edits without the express written permission of COMPANY. COMPANY may use footage and edited material from the original footage to market COMPANY's services, publicly display, and share the original footage and the edited material for any purpose whatsoever.

      ii. CLIENT shall not sell, grant sub-licenses or distribute the original footage or the edited materials for profit without the prior express written approval of COMPANY.

iii. CLIENT shall bear the sole responsibility and expense for obtaining proper licensing and permissions for all copyrighted music used in EVENT footage. In no event will COMPANY be liable for any licenses or permissions for any copyrighted music used in CLIENT's video edits. CLIENT understands that by choosing any copyrighted songs as background music for the wedding video CLIENT may be liable to 3rd parties under the applicable copyright law(s) and shall reimburse COMPANY for any costs or expenses, including legal fees, incurred as a result of any copyright violations caused by CLIENT's failure to obtain the proper licensing and permissions to use any music whatsoever.

 

     Q. Raw Footage

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     Raw footage generally filmed in digital format unless 8MM or 16MM film is specifically requested well in advance of EVENT. The raw footage consists of all photo, video and audio recorded by COMPANY or its authorized agent(s), when on location and is not supposed to be shared with CLIENT unless specifically stated in the Package Description or a Quote. CLIENT may choose to purchase the Raw footage at additional cost. In the event CLIENT has purchased the RAW footage, it will be transferred to CLIENT by means of an email containing a download link within 6 weeks after EVENT. It is CLIENT's responsibility to take possession of the raw footage within 15 days of receiving such email. COMPANY does not keep raw footage infinitely and reserves the right to delete all such footage 6 months after EVENT date.

 

     R. Media Access and Storage

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     i. Availability of Media: CLIENT's photo and/or video galleries will be made available for download for a period of six (6) months from the date of delivery of the final edited footage and/or raw footage.

     ii. CLIENT Responsibility: CLIENT is strongly advised to download and create a backup of all delivered media files promptly upon receiving the final edited footage and/or raw footage.

     iii. Reinstatement of Media: Should CLIENT require access to the media files beyond the initial six (6) month period, a reinstatement fee will apply. The exact amount of this fee will be provided upon request at the time of reinstatement.

     iv. Storage and Liability: COMPANY is not obligated to store CLIENT's footage beyond the six (6) month availability period. If CLIENT does not request reinstatement of their media files before the expiration of the six (6) month period, COMPANY shall not be held liable for any loss of footage. CLIENT acknowledges and accepts that failure to act within this timeframe may result in permanent loss of their media files.

     v. Extended Storage: CLIENT may choose to pay an additional fee of $500 USD to secure the storage of their raw and edited material for a period of three (3) years from the date of delivery of the final edited footage and/or raw footage.

 

     S. Indemnification

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     CLIENT shall not seek contribution, and shall indemnify, defend (with counsel acceptable to COMPANY) and hold harmless COMPANY, subsidiaries, and affiliates, and the employees, agents, successors, and assigns of each, from and against any and all claims, actions, damages, and losses, liabilities and expenses, including reasonable outside attorneys' fees, arising out of or caused by any breach of any of the representations, warranties, undertakings, or ToSs made by CLIENT under this ToS or losses liabilities and expenses, including reasonable attorney's fees, caused solely by CLIENT's actions or omissions.

 

     T. Liability

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     i. COMPANY will not be held liable for any mechanical, technical or otherwise uncontrollable and/or unforeseen circumstances that influence or affect the production process at any time. The total liability of COMPANY in the event of any dispute resolution process, including litigation, shall be limited to the amount of all funds paid to COMPANY by CLIENT.

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     ii. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY OF ITS AFFILIATES FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS OR GOODWILL) SUFFERED OR INCURRED BY SUCH OTHER PARTY OR ITS AFFILIATES IN CONNECTION WITH THIS TOS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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     iii. CLIENT and COMPANY shall not disparage or act in any way to directly or indirectly paint the other in a negative public light at any time before, during, or after EVENT.

     iv. COMPANY shall not be held liable for any accidents, injuries or damages not caused by COMPANY or by an authorized agent of COMPANY.

     v. If CLIENT fails to provide essential or material information regarding EVENT prior to EVENT (Including but not limited to lighting conditions, venue requirements, location matters, travel itinerary, etc.), and such failure affects the ability of the photographer and/or videographer to fulfill the services agreed upon with CLIENT, then COMPANY reserves the sole right and discretion to terminate its services effective immediately, without liability or fault for such termination, and will retain the first installment/deposit previously paid by CLIENT per the terms of this ToS. In the event of such termination of COMPANY's services, COMPANY shall provide written notice of the termination to CLIENT within fourteen (14) days after EVENT.

     vi. For all discounted and special offer purchases, the following conditions apply:

         a) All sales are final and not eligible for refund or chargeback;

         b) In the event of any dispute or concern, CLIENT agrees to first attempt resolution directly with COMPANY through designated customer service channels;

         c) CLIENT shall exhaust all internal resolution processes before pursuing any other remedies;

         d) Any further action, if permissible under applicable consumer protection laws, may only be taken after the completion of steps (b) and (c) above.

 

     U. Governing Law

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     COMPANY is a Florida Corporation and this ToS is entirely governed by the laws of Florida, without regard for conflict of laws rules. All disputes are to be resolved in Florida courts of proper jurisdiction over such matters at a venue selected by COMPANY. In the event that litigation results from or arises out of this ToS or the performance thereof, the parties hereto agree to reimburse the prevailing party's reasonable attorneys' fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled.
 

     V. Severability

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     Whenever possible, each provision of this ToS will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this ToS is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this ToS will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.

 

     W. Non-Solicitation

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     During EVENT and for a period of one (1) year thereafter, CLIENT shall not solicit for any reason, any of COMPANY's contractors, employees, agents, staff, or representatives, directly or indirectly. In the event CLIENT breaches this provision, it is understood that COMPANY will suffer irreparable damages in monetary and non-monetary ways. In the event of CLIENT's breach of this provision, COMPANY shall reserve the right to seek injunctive relief and monetary damages in a court of competent jurisdiction, with all costs of such relief, including attorney's fees, borne by CLIENT.

 

     X. Headings

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     Headings used in this ToS are provided for convenience only and shall not be used to construe meaning or intent.

 

For questions contact us at:

Email: welcome@preciouspicspro.com

Mail: Precious Pics Production Inc., 8911 Collins Ave, ste 901, Miami Beach, FL, 33154

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