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Terms and Conditions for Existing Contract Service Upgrades and Add-ons

Ordering upgrades and/or add-ons via the Chantilly Lace LLC website order form binds the buyer (hereafter referred to as "Client") to the following terms and conditions: 

This agreement is between Chantilly Lace LLC (“CL”) the “Client”. 

 

By submitting an order, the CLIENT is intending to be legally bound, hereby agrees that the following constitutes changes and/or additional terms and conditions of the original stated contract.

 

Payment Terms

Payment is due and collected upon receipt of the order via the Chantilly Lace Llc's online order form. 

 

All payments made are non-refundable.

 

All sales are final. Upon agreement of these terms and conditions. [Client] understands that it is his or her responsibility to check the order for accuracy.​

TERMINATION BY CLIENT: CLIENT may terminate this agreement if notice of such termination is given to CL in the following manner: CLIENTS must send notification in writing, signed by the contracted party, via Certified Mail by the United States Post Office, prior to the original wedding date, to CL at PO Box 762, SC 29488. CL will also send an electronic cancellation agreement to CLIENTS which must be signed. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. CL shall retain CLIENT retainer (20% of order total) as liquidated damages AND CLIENT shall be held liable for the payment of the A La Carte Value of all services provided up to the time of cancellation, in excess of the 20% retainer, not to exceed the grand total agreed upon (collection amount + travel fees + sales tax). At the time the cancellation notice is received by CL via Certified Mail and the balance due under this section is paid, this contract shall be cancelled, and both parties shall be relieved from further obligation and liability. In the event that the balance due under this section is not paid by CLIENT, CL may charge a $5.00 (USD) per day late fee on CLIENT balance until the balance is paid in full. If the balance is not paid after 30 days, CL may send CLIENT account to collections.

TRAVEL FEES: CL has a wide service area, including Charleston, SC and the surrounding areas, Beaufort, SC and the surrounding areas, Hilton Head/Bluffton and the surrounding areas, Columbia, SC and the surrounding areas and Savannah, GA and the surrounding areas. If the CLIENT's add-on sessions are more than 20 miles outside of the above mentioned areas then CLIENT shall incur travel fees. 

If the CLIENTS's add on sessions are in excess of 20 miles outside of the above mentioned areas where CL will be driving to CLIENT's add-on sessions, CL will include 100 miles of travel, round trip, as a courtesy and then CLIENT shall be invoiced .56c per mile, round trip, after 100 miles from CL's office.

LOCATION ACCESS, FEES + PERMITS: If CLIENT wants to shoot their add-on session at a location that charges for access or requires permits, CLIENTS shall be responsible for all fees associated with shooting there, including but not limited to entrance fees and parking. CLIENT shall also be responsible for organizing access to the location and any permits required for doing so. 

PLANNING MEETING AND/OR QUESTIONNAIRES: CLIENT shall complete the Wedding Questionnaire at least 8 weeks prior to the wedding date and shall attend any planning meetings or phone calls as necessary with CL to finalize the wedding day timeline, locations. Any information provided and discussed is not part of this contract nor shall such information modify the existing contract.

PHOTO/VIDEO SPECIFIC TERMS

PHOTOGRAPHY Delivery Schedule:

OFF SEASON (Jan, Feb, July, August):

  • Social Media teasers - Within 48 hours

  • Online gallery - 6-8 weeks 

  • Albums - PROOF 8-12 weeks

PEAK SEASON (March, April, May, June, September, October, November, December)

  • Social Media teasers - Within 48 hours

  • Online gallery - 8-12 weeks 

  • Albums - PROOF 10-16 weeks

VIDEOGRAPHY Delivery Schedule:

OFF SEASON (Jan, Feb, July, August):

  • Teasers - Delivered within 2-4 weeks of the event. 

  • Highlights & Showcase - Delivered within 8-12 weeks of the event

  • Documentary - Delivered 10-16 weeks of the event

PEAK SEASON (March, April, May, June, September, October, November, December)

  • Teasers - Delivered within 3-6 weeks of the event. 

  • Highlights & Showcase - Delivered within 10-16 weeks of the event

  • Documentary - Delivered 10-16 weeks of the event

 ** During the months of November and December, production will cease during the two major holidays of Thanksgiving and Christmas. Chantilly Lace is closed for Thanksgiving Break (the day before, the day of and the day after) and closed for Christmas Break (48 hours before Christmas Day through New Years Day) This could directly affect the delivery timeline listed above during a peak wedding season. 

COPYRIGHT & IMAGE USE: The photographs and videos produced by CL are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without CL's written consent. CL owns all copyrights for any and all images produced in connection with this agreement, including the right to reproduce or publicly display such images, for any personal or commercial purpose, without compensation to CLIENTS or notification to CLIENTS before use. CL also reserves the right to publicly display the names of CLIENTS. As author of all images made here under and as provided by law, CL shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. If there are any copyright violations by CLIENTS, without written consent of CL, CLIENTS will be charged at fifteen (15) times the published rates at the time of the violation as liquidated damages, since actual damages would be difficult to calculate. 

ARTISTIC STYLE:  On CLIENTS own behalf, and on behalf of the subject(s): CLIENTS  acknowledges that CL requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that CLIENTS  are familiar with the CL’s portfolio and is requesting services with knowledge of CL’s style; that CL’s work is constantly evolving; that CL’s services are of unique and artistic nature; that the images and videos created may be different from images taken by CL in the past; and that in creating the images and footage,CL shall use their personal artistic judgment to create images and videos consistent with their personal vision of the wedding/session, which vision may be different from CLIENTS and /or the subject’s vision of the wedding/session. Accordingly, CLIENTS acknowledge that the images and videos shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.

CLIENTS have critically viewed samples of CL's video and/or photo work and hereby grants full editorial and production control to CL for all aspects of the production and post-production services for the event. 

LIMITATIONS ON LIGHT: CL is primarily a natural light photographer/videographer. CLIENTS acknowledge that in the event that any part of the wedding occurs at a time or in a location where there is an absence of natural light, CL will have to use artificial light sources and the images and videos will look different than the natural light images and videos CLIENTS have seen in CL's portfolio. Accordingly, CLIENTS acknowledge that the images and videos shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance. CLIENTS agrees that CL is not responsible for dark or grainy images or video footage due to poor or inadequate lighting or the refusal of the client to use lighting or electrical or mechanical malfunction with the venue that is outside of CL's control. Every effort is made to ensure perfect color and lighting reproduction, but certain conditions may not be accurate such as mixed indoor and external lighting, hard shadows, and low lighting conditions. With these factors beyond our control, we will endeavour to produce the best image possible.

SPECIFIC IMAGES/FOOTAGE:  CLIENTS agree that that CL will not be held responsible for any specific image or video clip that may not be delivered. Client acknowledges and understands that CL uses a photojournalistic approach and agrees that the final decision to use images and footages is at the sole discretion of CL. Any failure by the CL to deliver any specific image or moment shall not be a breach of this Agreement, shall not result in a refund of any money paid by CL and CL shall now provide any other remedy. Additionally, CLIENTS agree that CL is not responsible for any moments missed during the wedding date due to but not limited to lack of client cooperation, weather limitations, lighting limitations, timing limitations and or changes made throughout the day. 

ADDITIONAL IMAGES/RAW IMAGES/RAW FOOTAGE: CL does not guarantee a minimum number of images in the CLIENTS final gallery. Under no circumstance will CL release RAW images or RAW footage to CLIENTS. CL selects the best representation of the images and footage taken at the wedding/associated sessions for the CLIENTS gallery and video, and all other images and footage is deleted during the culling process; therefore, no additional images or footage can or will be released to CLIENTS.

ARCHIVAL OF IMAGES: CL deletes all RAW images and RAW video footage upon delivery of the final JPEG files and wedding film to CLIENTS. Once CL delivers the final gallery and film to CLIENTS, CLIENTS accept all responsibility for archiving and protecting their images and film. CL does not permanently archive image files or videos.

CLIENT REQUESTS: CL and CLIENTS will collaborate in all schedules and arrangements of services to be provided. It is very important that CL know about key elements of CLIENTS wedding in advance so that the important moments may be captured. Any information provided and discussed is not part of this contract nor shall such information modify this contract. During the wedding, CL will work to meet all of CLIENTS reasonable requests and expectations; however, circumstances may prevent certain images or footage from being created. It is important that CLIENTS understand that CL does not warrant that it will provide specific images or poses. Finally, if the day is behind schedule, CL may not be able to create all of the images or footage CLIENTS might otherwise receive. If client-requested images or footage is not received due to scheduling delays or unforeseen circumstances, CL will be relieved of any liability.

DIGITAL IMAGE PRODUCTION TIMELINE: For engagement, bridal or boudoir sessions, CL shall post the online gallery of High Resolution images (3500px on the long side at 300ppi) within three (3) to six (6) weeks of the engagement session. For weddings, CLIENTS shall receive their digital galleries and videos as noted in the above mentioned Photography and Videography schedule. CLIENTS will be able to download the zip file of all images and video from the online gallery and will not receive a physical disc or USB of images or video unless included in the wedding package purchased. CLIENTS acknowledge that they understand how to download the images and video from the web onto their computer, including unzipping the zip file, and how to back up images to prevent image loss. CL is not responsible for user error in downloading and saving final images or videos. Your online gallery expires six (6) months after the date of your wedding.

PRIVACY: CL is committed to respecting the privacy of her clients. CL will post teasers to social media (including but not limited to Facebook, Twitter, Pinterest, and Instagram) shortly after the session or event; will update website galleries to include photos and/or videos; and will use for promotional uses online. 

If CLIENTS wish to keep footage private, it is their responsibility to notify CL in writing. 

LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE: CL grants CLIENTS a non-exclusive, non-transferable, perpetual personal-use license to download and copy the accompanying copyrighted digital images in this gallery ("Media"), according to the following terms:

  • COPYRIGHT AND OWNERSHIP: CL retains all rights, license, copyright, title, and ownership of the Media, now and in the future.

  • WARRANTIES; AS IS: There are no warranties associated with the copyrighted digital media in this gallery, express or implied. The Media are provided "as is."

  • LOSS: CL is not responsible for the loss of your digital images or videos once they have been delivered. It is your responsibility to back up your media upon receipt. 

  • THIRD PARTY CLAIMS: Neither CL nor our outside vendors will be liable for any third party claims or incidental, consequential, or other damages arising out of this license or buyer's use of the Media.

  • PERSONAL WEB USE: CL permits CLIENTS {contact_1_first} and {contact_2_first} to post the copyrighted digital media in this gallery for personal use on social media ONLY IF credit is given to CL. The copyrighted digital media may not be posted on business social media pages without the express written consent of CL.

  • PERSONAL PRINT USE: CL permits CLIENTS {contact_1_first} and {contact_2_first} to print the copyrighted digital images in this gallery for personal use. Prints larger than an 8x12 should be ordered through CL, as we cannot guarantee the quality of the images large than an 8x12 printed through any other lab. CL cannot guarantee the quality of the images printed through alternate labs.

  • ALTERATION OF DIGITAL IMAGES: The alteration of the digital images in this gallery through the use of personal digital image enhancement software, including but not limited to Instagram, Picasa, Lightroom, Photoshop, etc., in any way, is strictly prohibited and is considered a copyright violation under Federal Copyright Law.

  • COMMERCIAL USE/PERSONAL USE FOR MONETARY GAIN: Commercial use, or personal use for monetary gain, on the web or in print is strictly prohibited, unless written permission has been obtained from CL and credit is given to CL. Clients' vendors may email contact@chantillylacephotography.com for written permission.

  • OTHER TERMS: Any other utilization or reproduction is specifically prohibited without the express written consent of CLP. Nothing contained herein shall be deemed a release of CL's copyright on any of the digital images. 

    WHAT YOU MAY DO:
    - Display on personal websites, personal social media, and computers.
    - Making image prints for personal use.
     
    WHAT YOU MAY NOT DO:
    - Resell, re-license, sub-license, or redistribute without express written permission from CL.
    - Use the Media in any way, whatsoever, in which you charge money, collect fees, or receive any form of remuneration, without express written permission from CL.
    - Use the Media in any advertising without express written permission from CL.
    - Use the media in a pornographic, obscene, illegal, immoral, libelous, or defamatory manner.
    - Incorporate the Media into trademarks, logos, or service marks without express written permission from CL.

CLIENTS understand that all previously agreed upon terms and conditions from the original contract apply to the wedding date services.​

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