Terms of Service for Americana Weddings
Effective Date: June 1, 2023
Please read these Terms of Service ("Terms") carefully before engaging the services of Americana Weddings. These Terms govern the contractual relationship between Americana Weddings (referred to as "we," "us," or "our") and you (referred to as "client" or "you") regarding wedding photography and videography services. By engaging our services, you agree to be bound by these Terms.
1. Services
1.1 Description: Americana Weddings provides professional wedding photography and videography services. The specific services provided will be outlined in the service agreement or contract between Americana Weddings and the client.
1.2 Booking and Payment: To secure our services, a signed contract and a non-refundable retainer fee are required. The remaining balance must be paid in full on or before the wedding date, as specified in the contract.
1.3 Cooperation: The client agrees to cooperate with Americana Weddings to ensure the successful provision of services. This includes providing necessary information, schedules, and access to venues and individuals involved in the wedding event.
2. Intellectual Property
2.1 Ownership: Americana Weddings retains all ownership rights to the photographs and videos captured during the wedding event. The client receives a limited, non-exclusive license to use and reproduce the photographs and videos for personal, non-commercial purposes.
2.2 Usage Restrictions: The client may not sell, license, or commercially exploit the photographs and videos without the prior written consent of Americana Weddings. Additionally, the client may not edit, alter, or manipulate the photographs and videos without our permission.
2.3 Model Release: By engaging our services, the client grants Americana Weddings the right to use the photographs and videos for promotional purposes, including but not limited to our website, social media, portfolio, and marketing materials. If the client wishes to restrict the use of their images, they must notify us in writing before the wedding event.
3. Cancellation and Rescheduling
3.1 Cancellation by Client: In the event of cancellation by the client, the non-refundable retainer fee is forfeited. If the cancellation occurs within 30 days of the wedding date, the client is responsible for the full payment of the contracted services.
3.2 Cancellation by Americana Weddings: Americana Weddings reserves the right to cancel services due to unforeseen circumstances, including but not limited to equipment failure, illness, or acts of nature. In such cases, our liability will be limited to a full refund of any payments made by the client.
3.3 Rescheduling: If the client wishes to reschedule the wedding event, we will make reasonable efforts to accommodate the new date, subject to availability. Additional fees may apply if the rescheduled date falls outside the original contract terms.
4. Liability
4.1 Limitation of Liability: Americana Weddings will exercise reasonable care and skill in providing the agreed-upon services. However, we shall not be held liable for any unforeseen events, accidents, losses, or damages beyond our control. Our liability is limited to the amount paid by the client for the services.
4.2 Indemnification: The client agrees to indemnify and hold Americana Weddings harmless from any claims, damages, liabilities, or expenses arising out of the client's use or misuse of the photographs and videos or any breach of these Terms.
5. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the state of Colorado, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in the state