Terms and Conditions for Brooke Limperis Photography

Last updated: February 12, 2025

Please read these terms and conditions carefully before using Our Service

Photography Contract

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

The person whose signature appears on this Contract, known as "Client," agrees that Brooke Limperis Photography, known as "Photographer," will provide services to photograph the event and/or session in the manner described in this document. In the occurrence that any part of this Contract is found to be invalid or unenforceable, the remainder of this Contract will remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Contract will not constitute a waiver of any other portion of this Contract. Any change to the Contract must be made and confirmed in writing.

Payment

Client will reserve the time and date of photographic services by signing and returning a Contract along with a reservation retainer, the sum being $1,000 for weddings and $200 for portraits and small events, which will be applied to the total and must be paid within 10 days of signing the Contract. Zelle bank transfer, Cash App via Square, Plaid transfer via Square, Visa, MasterCard, American Express, Discover, Check, and Cash is accepted. The remaining balance must be paid in full no less than one week before the event and/or session date. Once Photographer attends the event and/or session, the reservation retainer is nonrefundable. If Client fails to remit payment as specified, Photographer will have the right to immediately cancel this Contract with no further obligation and not attend the event and/or session. Photos will not be released to Client until Photographer is paid in full. A $200 late fee may be assessed for late payments, and returned checks a $50 non-sufficient funds fee. Additional costs may be incurred if venue requires additional insurance coverage including but not limited to Waiver of Subrogation and Primary & Non-Contributor

Cancelation

Client must alert Photographer in writing no later than 72 hours prior to the event and/or session of a cancelation or change in the timeline, location, date, or any change to the event and/or session. If Client reschedules the event and/or session and Photographer is unable to rebook the same, then Photographer will have the right to cancel this Contract with no further obligation. If added assistant photographer is unable to attend the event and/or session, then Photographer will search for a replacement assistant photographer or refund the monies charged for assistant photographer if none can be found. If Photographer is unable to attend the event and/or session or must cancel the Contract due to fire, transportation problems, illness, accident, technical problems, or any other unforeseen circumstance, any monies paid will be refunded to Client, and Photographer will have no further liability with respect to this Contract. This limitation of liability also applies to any loss/damage of photos or failure to deliver photos for any unforeseen reason. The sole remedy for any actions or claims will be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Contract during the time preceding the date on which such liability arises.

Coverage

Photographer will provide coverage for the date(s), location(s), and continuous hours specified in this Contract on Page 2. Travel fees apply outside of San Diego County. Additional hours may be added at the rate of $400 per hour. Preference is generally given to decisions made by the Bride and/or Groom, regardless of who provides payment or signs the Contract. Reasonable efforts will be made to take requested photos, but no specific pose or photo can be promised. Supplied timelines and lists, including but not limited to the Photographer’s Wedding Information Form and Suggested Photography Checklist, must be provided to Photographer no later than one week before the event and/or session and will be used for organizational purposes only.

Photo Editing

Photographer will use their sole professional judgement and discretion regarding post production. “Photographer’s Favorites” photos are chosen to undergo further enhancement for the story line. “Extras” photos are all the remaining photos edited using basic adjustments only. Considerations must be agreed upon prior to editing. Significant edits such as special effects and the adding/removal of objects, people, ect., may be accomplished for an additional fee. All photos are provided to Client, except test photos or photos of people in between facial expressions. This generally yields 100-150 photos per hour per photography.

Safety

Client is responsible for ensuring the safety/wellbeing of Photographer, assistant photographer(s), and their equipment at all times. Photographer may see fit to alert Client to a questionable circumstance due to weather conditions, safety concerns, inappropriate behavior from guests, or disturbances of any kind. Client is responsible to remedy the same. If Client cannot quickly be found, is unable to assist, or the questionable circumstance continues and impedes photographic coverage, then Photographer and assistant photographers(s) reserve the right to leave event hall until such time that it is deemed safe to return.

Venue and/or Location Requirements

Any venue/location requirements must be made known to Photographer no less than 10 weeks prior to the event and/or session. Failure to provide Photographer with adequate time to meet the venue/location requirements may results in Photographer being unable to photograph at said venue/location.

Interference

Brooke Limperis Photography will be the exclusive professional Photographer retained for the event and/or session and is not responsible for photography interference due to causes beyond their control such as interference from guests, existing backgrounds, lighting conditions, schedule complications, rendering of decorations, natural weather conditions, third party interference, accessibility restrictions, delays in events, availability of guests to be photographed, or any other unforeseen circumstance which may negatively impact or restrict photography coverage. Photographer is not responsible for and will not assist and/or perform activities not relating to photography, including but not limited to setting up decorations and event coordinating. Doing so could result in a loss of coverage. Due to limits imposed by time and flow of the event and/or session, Photographer cannot be held responsible for unintentional errors or omissions or loss in time.

Meal and/or Break

A break of up to 30 minutes is needed for events of 5 hours or more. During weddings, this break is customarily taken at the start of dinner service to allow guests privacy while eating. A hot meal is required for Photographer and assistant photographer(s) and must be served immediately after the head table. If a meal is not provided after the head table has been served, then it is understood that Photographer and assistant photographer(s) may leave event hall in order to obtain a hot meal.

Prints and/or Canvas

Print/canvas orders put in line for processing cannot be canceled. Client is responsible for reviewing products for production errors and reporting errors to Photographer within 2 weeks of receiving the same. Photographer cannot be held liable for orders that are delayed due to busy holiday seasons, weather, or other unforeseen events.

Print Release

Photographer agrees to grant a print release to Client with a non-exclusive, limited, perpetual license. This allows Client to share photos with friends/family, on social media, and make prints/albums. When sharing photos online, Client is asked to reference Photographer. Client is prohibited from allowing vendors access to the photos. Vendors must contact Photographer directly to request permission to use the photos. All photos taken are the property of Brooke Limperis Photography and are protected by United States Copyright Laws. Client hereby waives any claims for ownership, income, editorial control, and use of the photos. Violators of this federal law will be subject to civil and criminal penalties.

Model Release

This Contract serves as a model release, giving Photographer and assistant photographer(s) the irrevocable right to use the photos and videos in all forms, media, and manners without any restrictions as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Client waives any right to approve the photos or any finished versions incorporating the same, or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This model release is binding on the Client, their legal representatives, heirs, and assigns.

Terms and Conditions

Interpretation

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Country refers to: California, United States

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Brooke Limperis Photography residing in San Diego, California.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to Brooke Limperis Photography, accessible from www.perisphotography.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: limperisbrooke@gmail.com