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TERMS OF SERVICE

1. DEFINITIONS

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

ii. AGENCY means Precious Pics Production Inc., a Corporation and all duly authorized agents thereof.

 

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

 

iv. These Terms of Service (the “ToS”) describe relations between CLIENT and AGENCY 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 AGENCY by paying the firs invoice issued by the

AGENCY and supersedes all prior negotiations, representations, promises, and statements between CLIENT and

AGENCY 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: 

 

2. TERMS

 

A. Production Schedule

 

The CLIENT is required to finalize and confirm all details of the EVENT with the AGENCY no later than two (2) weeks before the EVENT date. The AGENCY will issue an email to the CLIENT detailing the EVENT's parameters as relayed to the AGENCY, which will constitute the definitive production plan. It is imperative that the CLIENT reviews, amends, and approves this plan promptly. In instances where specific details about any segment of the EVENT cannot be provided, the 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 the AGENCY's inability to guarantee coverage of the EVENT. The AGENCY will endeavor to fulfill all CLIENT requests to the best of its ability; however, the CLIENT acknowledges that due to the inherent unpredictability of live events, not all requests or plans may be feasible. Specifically, the AGENCY cannot be held liable for the omission of specific photographs, scenes, or details the CLIENT wished to capture if these were not explicitly guaranteed in the finalized production plan or were impractical due to the event's dynamics. The AGENCY requires CLIENT cooperation and understanding in these matters, as live event coverage is subject to real-time constraints and decision-making.

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

 

B. Contingency Date/s

i. "CLIENT-insured contingency date(s)" shall encompass any additional day(s) reserved by the CLIENT for the EVENT, beyond the original EVENT date. This includes instances of postponements where a new date may not yet be determined. The CLIENT agrees to authorize and fund the reservation of such additional day(s) through an additional payment to the AGENCY, the amount of which will be determined by the AGENCY 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, the AGENCY will allow the CLIENT to reschedule the photography and/or videography services to a new date of the CLIENT'S choosing. Should the CLIENT decide against rescheduling and opt to terminate this Agreement, the AGENCY will refund only the second installment within fourteen (14) days of receiving written notice from the CLIENT of their decision not to proceed with the EVENT.

iii. The CLIENT must re-book the 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 the AGENCY. This forfeiture compensates the AGENCY for administrative, scheduling, labor, travel, communication, and any other costs incurred while preparing to fulfill its obligations to the 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. Drone Use Policy

 

i. Utilization by AGENCY of aerial drone wedding coverage is subject to availability and conditions at the EVENT. Use of aerial drones must comply with all relevant local rules and laws, is subject to weather conditions, and will depend on the ability of the aerial drone operator to utilize the drone safely with respect to the EVENT’s physical surroundings and mindful of the wellbeing of the EVENT attendees. Utilization and operation of an aerial drone shall occur in the sole discretion of the aerial drone operator, without any liability accruing to AGENCY in the event a drone cannot be utilized for any reason. In the event an aerial drone cannot be utilized at the EVENT, such an occurrence will not be deemed to be a breach of any ToS(s) between CLIENT and AGENCY; the CLIENT shall not receive a refund of the amount specifically paid to AGENCY for the use of such aerial drone. CLIENT shall have full and sole responsibility for obtaining and paying for all necessary permits, consents, and clearances for the operation of any aerial drone(s) at the EVENT. 

ii. AGENCY is unable to provide simultaneous aerial drone videography and ground videography coverage of a singular moment during the EVENT, unless a dedicated Drone Operator is specifically engaged for the sole purpose of capturing aerial footage. The availability of a Drone 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 Drone Operator. AGENCY will coordinate with the Drone Operator to ensure seamless integration of aerial and ground coverage, subject to the terms and conditions set forth in this ToS and any applicable laws and regulations.

 

iii. In no circumstance will AGENCY 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 AGENCY or its agent(s), for any damages or physical injury that may occur as a result of the operation of an aerial drone at the EVENT. Notwithstanding the foregoing, the limitation of all damages payable to CLIENT by AGENCY as a result of aerial drone operation will be the amount paid by CLIENT to AGENCY for the use of such aerial drone at the EVENT. CLIENT hereby releases AGENCY and accepts full liability, and furthermore shall hold-harmless and shall indemnify AGENCY if any damages or physical injury occurs at the EVENT through no fault of the AGENCY or its agent(s).

 

D. Payment Policy

 

CLIENT shall make payment in two installments:

i. First Installment:

 

The first installment of 50% (Fifty Percent) of the agreed upon total price for the AGENCY’S services will initiate the reservation of the AGENCY for the 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 the 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 AGENCY’S invoice. If, without the written consent of AGENCY, CLIENT elects to defer paying any amount beyond the date on which such amount(s) is/are due, then CLIENT shall be charged, at AGENCY’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. AGENCY 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 AGENCY in accordance with this TOS.   


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

 

E. Refund and Cancellation Policy

 

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

iii. If the 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. The 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 the AGENCY 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 the CLIENT's continued engagement with the AGENCY for the retained service.

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

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

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

The 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 AGENCY’S services may be properly provided as to any EVENT(S) booked by CLIENT.

 

G. Wedding Day Coverage

 

i. The CLIENT shall be solely responsible for securing permission from the site owner, operator, or regulatory authority for use of the EVENT site as well as the consent necessary for AGENCY’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 AGENCY’S control.

 

ii. AGENCY 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 the CLIENT to allow camera-top or other lighting as requested by AGENCY’S videographer at the EVENT. Further, AGENCY shall not be held responsible or liable for electrical or mechanical malfunctions at the EVENT, which are not within the realm of control of the AGENCY.

 

iii. AGENCY 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 the AGENCY 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 AGENCY, including the absence of any CLIENT-supplied elements at the EVENT.  

 

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

vi. AGENCY will use its best efforts to follow the production schedule as intended; however, EVENT schedules may shift, and events planned may be delayed. AGENCY will establish an arrival time for the EVENT with the CLIENT well in advance to the EVENT and remain on duty for the specific number of hours requested by CLIENT. Coverage hours included in the package are for the 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 judgement. 

vii. Lead and Associate Working Hours Coordination: It is an express condition of this agreement that any associate or secondary operator (referred to herein as "Associate") engaged by AGENCY to provide services during the EVENT shall operate within the working hours established for the Lead operator, videographer, or other primary service provider (referred to herein as "Lead"). The 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 the CLIENT and AGENCY.

 

H. Parking and Meal Arrangements

 

i. CLIENT shall provide the camera operator(s) with one hot meal or an equivalent to the guest's meal during each four (4) hour block of the EVENT coverage. In the event that CLIENT fails to arrange meals, the operator(s) are allowed to take a 30-minute meal break every four (4) hours during the EVENT coverage. This meal break will be considered as part of the coverage time. If the operator(s) must arrange for their own meal, AGENCY will invoice the 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. AGENCY shall receive information about parking from CLIENT not later than 5 days before the EVENT. In the event CLIENT fails to provide parking arrangement for the operator(s) the AGENCY will invoice the parking expenses to the CLIENT and can demand these expenses covered by the CLIENT. CLIENT can not hold the AGENCY liable for any arrival and/or start coverage delays related to lack of proper parking arrangements. 

 

I. Indemnification

CLIENT shall not seek contribution, and shall indemnify, defend (with counsel acceptable to AGENCY) and hold harmless the AGENCY, 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 the CLIENT under this TOS or losses liabilities and expenses, including reasonable attorney’s fees, caused solely by CLIENT’S actions or omissions.

J. Liability

i. AGENCY 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 AGENCY in the event of any dispute resolution process, including litigation, shall be limited to the amount of all funds paid to AGENCY by CLIENT. 

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

 

iii. CLIENT and AGENCY 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 the EVENT. 

 

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

 

v. If CLIENT fails to provide essential or material information regarding the EVENT prior to the 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 the CLIENT, then AGENCY 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 the AGENCY’S services, the AGENCY shall provide written notice of the termination to CLIENT within fourteen (14) days after the EVENT. 

 

K. Pre-Edit Form 

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

The AGENCY is generally able to accomplish most such requests and instructions; however, at times this may be impossible. AGENCY will use its best efforts to edit the EVENT footage in accordance with the wishes and directions of the CLIENT. In no event AGENCY shall be liable for not being able to accomplish client's requests. CLIENT should make all song choices available to AGENCY prior to the 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).

 

L. Editing

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 the AGENCY receives the music and PRE-EDIT FORM from the 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 the CLIENT'S specific needs and circumstances.

ii. Upon completion of the initial edit, the 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 the CLIENT forfeiting their right to this courtesy service, and any subsequent edits/revisions will be billed at the AGENCY'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. The AGENCY disclaims responsibility for the quality of enlargements made from these images by any third-party photo lab. Once digital files are released to the CLIENT, the AGENCY is absolved from all liability concerning the archiving of these files.

v. Should the CLIENT require additional creative or discretionary changes beyond the initial or revised edits, such work will be quoted at $100 per hour. The AGENCY will provide the 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, the AGENCY will proceed to finalize and deliver the product as outlined in the contract. If no feedback is received from the CLIENT within thirty (30) days after delivering the first edit, the AGENCY reserves the right to complete and deliver the final product based on the last provided edits.

 

M. Final Product

i. AGENCY'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 the CLIENT's special occasion.

ii. The deliverables are created using Raw footage and materials collected at the EVENT. These are initially unrefined but are transformed through the AGENCY's creative editing process. The AGENCY shall incorporate CLIENT's input into the creation of the final deliverables; however, the AGENCY 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 the EVENT, as well as the specific package selected by the CLIENT. This approach ensures that the final deliverables are tailored to each EVENT's unique aspects and CLIENT's package choice.

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 the CLIENT will be financially responsible. These additional costs could arise from changes in pricing, product availability, or other market factors. The AGENCY will endeavor to inform the 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.

N. Pre-Event Walkthroughs

Pre-event walkthroughs are offered as an optional service to CLIENTS, facilitating an on-site review of the EVENT location(s) by the AGENCY and its designated operator(s). These walkthroughs are scheduled at mutually agreed times between the AGENCY, the 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 the EVENT, additional travel costs may be applicable.

It is important to note that pre-event walkthroughs are not deemed necessary for the majority of EVENTS, as comprehensive preparatory measures are encompassed within the AGENCY's White Glove Concierge service. This service is designed to ensure meticulous planning and coordination for the EVENT without the need for a physical site visit. However, recognizing the unique nature of certain EVENTS or specific coverage requirements, either the CLIENT or the AGENCY may deem a pre-event walkthrough advantageous. In such instances, the walkthrough serves as an additional step to align the AGENCY's delivery with the CLIENT's vision and expectations for complex events or specialized coverage types.

While pre-event walkthroughs are available upon request, they are not a mandatory component of the AGENCY's service offerings. When elected by the CLIENT or suggested by the AGENCY, these walkthroughs are conducted with the explicit aim of enhancing the quality and alignment of the final deliverables with the CLIENT's requirements. The decision to undertake a pre-event walkthrough will be communicated and coordinated directly with the CLIENT, ensuring clarity and mutual agreement on the objectives and financial implications of this service.

 

O. Exclusive Coverage

 

The COMPANY shall be the exclusive provider for the purpose of photographing and videotaping the event. No third-party professional photographer (or anyone with a professional camera) is allowed to photograph any part of the Event. In the case another outside professional photographer is present, the 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 the COMPANY.

 

P. Copyrights

 

i. All original footage remains the sole property of the AGENCY. AGENCY owns, and CLIENT hereby assigns to AGENCY, all copyrights and proprietary rights in all footage taken by AGENCY 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. AGENCY grants CLIENT a non-exclusive, non-transferrable license to use the original footage and edits without the express written permission of the AGENCY. AGENCY may use footage and edited material from the original footage to market AGENCY’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 AGENCY.

 

iii. The CLIENT shall bear the sole responsibility and expense for obtaining proper licensing and permissions for all copyrighted music used in the EVENT footage. In no event will AGENCY 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 AGENCY 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

 

Raw footage generally filmed in digital format unless 8MM or 16MM film is specifically requested well in advance of the EVENT. The raw footage consists of all photo, video and audio recorded by AGENCY 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 have purchased the RAW footage, it will be transferred to CLIENT by means of an email containing a download link within 6 weeks after the Event. It is the CLIENT’S responsibility to take possession of the raw footage within 15 days of receiving such email. AGENCY does not keep raw footage infinitely and reserves the right to delete all such footage 6 month after the Event date.

R. Media Access and Storage


i. Availability of Media: The 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: The 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 the 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: The Agency is not obligated to store the Client's footage beyond the six (6) month availability period. If the Client does not request reinstatement of their media files before the expiration of the six (6) month period, the Service Provider shall not be held liable for any loss of footage. The Client acknowledges and accepts that failure to act within this timeframe may result in permanent loss of their media files.

v. Extended Storage: The 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. Governing Law

 

The AGENCY is a Florida Limited Liability Company 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 AGENCY. 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.  

 

T. Severability

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.

 

U. Non-Solicitation

During the EVENT and for a period of one (1) year thereafter, the CLIENT shall not solicit for any reason, any of the AGENCY’S contractors, employees, agents, staff, or representatives, directly or indirectly. In the event CLIENT breaches this provision, it is understood that the AGENCY will suffer irreparable damages in monetary and non-monetary ways. In the event of CLIENT’S breach of this provision, AGENCY 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. 

V. Headings

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

To ask questions or comment on these Terms of Service and/or our privacy practices, contact us at welcome@preciouspicspro.com or mail us at: Precious Pics Production Inc., 8911 Collins Ave, ste 901, Miami Beach, FL, 33154

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