Effective Date: 11/14/2020
The terms “Photographer,” “photography team,” “us,” “we,” and “our” refer to Bella Lumiere Photography and all agents, employees, affiliated independent contractors, or other representatives.
The following Terms of Service and Use are entered into by and between You and Bella Lumiere Photography. (“Company”, “we”, or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of BELLALUMIERE.COM, including any content, functionality and services offered on or through BELLALUMIERE.COM (the “Website”), whether as a guest or a registered user.
Bella Lumiere Photography provides wedding and portrait photography services and photography products (the "Services") for its Clients. You must be at least 18 years old to provide consent for a photography session. By providing consent for photography, you agree to be bound by the Terms and to use the Services in compliance with the Terms and any other policies posted on the website. These terms may be modified at any time; it is the responsibility of the Client to seek out the updated terms on Bella Leumiere Photography’s website. Updated terms are valid from the time they are published on Bella Lumiere Photography’s website.
Please read the following Terms of Service and Use (the "Terms") carefully before using Bella Lumiere Photography’s Services or Website. These Terms are a legally binding agreement between you and Bella Baby Photography. By proceeding to establish an account and/or use the Services, you agree to be bound to the terms of service stated below. If you do not agree to all the Terms, you must not use the Services or Website.
Payment
You must provide Bella Lumiere Photography with accurate information in order to successfully process booking including your legal name, email address, and mailing address, and you must accurately input credit card/billing information in our CRM so payment(s) can be processed. You are responsible for any charges associated with the Services. If you have questions regarding charges associated with the Services, you should contact Bella Lumiere Photography by email at [email protected]. All charges are considered valid unless disputed in writing within 15 days of the date of the Services. Adjustments will not be made for charges that are more than 15 days old unless Bella Lumiere Photography, in its sole and reasonable discretion, decides to make an exception for extenuating circumstances.
Acceptable Use Policy
Bella Lumiere Photography will retain copyright ownership of all photographic works under this Agreement, including but not limited to all images in their original and processed formats.
Photographer will utilize artistic license in relation to the poses photographed and the locations used. All images are edited at his/her discretion and delivered images will not include all images shot. Photographer reserves the creative right to edit and release only those deemed professional in quality and within his/her artistic and creative standards.
Photographer will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Photographer's current portfolio and Photographer will try to incorporate any reasonable suggestions made by Client. However, Client understands and agrees that:
• Every client, wedding, and portrait session is different with different tastes, budgets, and needs.
• Photography services are often a subjective art and Photographer has a unique vision with an ever-evolving style and technique.
• Photographer will use his/her artistic judgment when providing Services for Client, which may not include strict adherence to Client's suggestions.
• Although Photographer will use reasonable efforts to incorporate Client's suggestions and desires when providing Client with the Services, Photographer will have final say regarding the aesthetic judgment and artistic quality of the Services. It is acknowledged that any lists submitted by the Client for specific photos will be used for organizational purposes only and in no way represent the photography that Photographer will be obligated to produce.
• The Photographer is bound to guidelines and policies of venue officials or management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for modification of guidelines and/or policies is the Client's responsibility. Any additional permits or fees required by the venue or local jurisdiction will be the responsibility of the Client.
• Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the Client, guests, or other principles, nor is he/she responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage.
• Dissatisfaction with Photographer's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Client gives Photographer permission for third-parties to purchase additional prints and/or digital files in accordance with the Photographer’s Standard Price List.
Client authorizes the Photographer, and/or any assignees and licensees, to use and to create images, and any reproduction of them in any form in any media whatsoever, for promotional materials, online marketing, portfolio, and other areas of marketability. Client also consents to the use of the Client’s own name or any fictitious name, which may be chosen in connection with the aforesaid photographs.
Client gives permission for all images from the event to be used in the following ways:
• Printed promotional materials
• Printed portfolio samples
• Online use (including but not limited to social media accounts, website and blog display)
• Publication Submission (print and online)
• Image Evaluation
• Other areas of marketability by the Photographer
The Client will only use the photographic prints, including digital files, in accordance with the print release provided and incorporated hereto.
Vendor Contact Information
The Client will provide business name, email address, phone number, and social media handle(s) for each vendor hired during the course of planning and executing the wedding day including but not limited to Bridal and Tuxedo Shop, Alterations, Wedding Planner or Day of Coordinator, Wedding Cake, Ceremony and Reception Venue(s), Invitation, Florist, Furniture or Tent Rental, Officiant, Transportation, Photographer, Videographer, Jeweler(s), Ceremony Musician(s), DJ, Reception Entertainment, etc. As a courtesy, the Photographer will provide photos to each vendor showcasing their contribution.
Limit of Liability
Maximum Damages. Client agrees that the maximum amount of damages he/she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Photographer.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Photographer will refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided. Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. Photographer will take reasonable steps to prevent data loss but is not liable for loss of data due to technical failure.
Indemnification
Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client. Claims against Photographer for the delivered artistic works must be brought to Photographer's attention within one (1) week from date of delivery. After one (1) week, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for his/her waiver or forgiveness of any fees that may still be outstanding.
Construction & Severability
Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Contract. The language in this Contract will be interpreted as to its fair meaning and not strictly for or against any party.
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Miscellany
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
This Agreement will be construed under North Carolina law, without regard to its choice of law provisions. The state and federal courts for New Hanover County/Wilmington, North Carolina will have exclusive jurisdiction over any dispute arising under or relating to this Agreement. The parties agree to proceed with a bench trial, and each hereby waive any right to a jury. In any such suit, the prevailing party will recover all costs incurred and a reasonable attorney’s fee.
