Terms and Conditions

1. BINDING EFFECT. This is a binding agreement between you and ’. Aesthetic Journeys .’ (”us”, ”we”, ”Company”). By using the Internet site located at ’. https://www.aestheticjourneysdesigns.com .’ (the ”Site”), you agree to abide by these Terms of Use. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of it.

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9. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the site, you agree to respect the intellectual property rights of others. Your use of the site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, ”Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you. All Digital Millennium Copyright Act matters are processed pursuant to our DMCA Policy, which you may access via the DMCA link at the bottom of the page.

10. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) provides medical advice to other users. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the site, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

11. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, ”Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

12. NO WARRANTIES. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE ”AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

13. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

14. AFFILIATED SITES. We have no control over and no liability for any third party websites or materials. We work with a number of partners whose Internet sites may be linked with the Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

15. PROHIBITED USES. We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, ”flooding,” ”spamming,” ”mail bombing,” ”crashing” or instituting a ”DDOS” attack on the Site; (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

16. INDEMNITY. You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

17. COPYRIGHT. All contents of Site or Service are: Copyright © ’ . 2017 .’ ’. Aesthetic Journeys .’.

18. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

19. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.

20. UNITED STATES USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. The domain of the website is registered in the United States and the Site is hosted in the United States. The intended audience for this site consists of individuals in the United States only. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California and the United States.

21. AMENDMENTS. Company reserves the right to amend these Terms. Should Company seek to make such an amendment, which we determine is material in our sole discretion, we shall:

(a) Provide you notice by email of said change 15 days prior to the change going into force, and
(b) Publish on the home page the fact an amendment will be made.

Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement. All amendments to the Terms shall be forward looking.

Aesthetic Journeys

Wedding Photography Contract


Wedding Photography Contract

This Wedding Photography Contract (the "Contract") is made effective as of November 06, 2021 (the "Effective Date"), by and between Aesthetic Journeys, LLC of 2707 Rio Brazos, San Antonio, Texas 78259 (the "Photographer"), and Lauren Kotara and Alonso Gutierrez of 8950 SW 75th St, Miami, Florida 33173 (the "Client").

EVENTS

This Wedding Photography Contract provides for photography services at the wedding of The Gutierrezs at Signature at the La Cantera resort 16401 La Cantera Pkwy, San Antonio, TX 78256 on November 06, 2021. Photography services are described below.

DESCRIPTION OF SERVICES

On November 06, 2021, the Photographer will provide to the Client the following photography services (collectively, the "Services"):

Photographer will provide shots of bride and groom getting ready, shots of the ceremony, as well as shots before and after the ceremony of family in various groupings. Couple will receive 45-60 digital images with rights to print. As well as an online gallery for ordering high quality prints. Prints are an additional charge. Photos to be delivered within 2-3 weeks of wedding date to Lauren Kotara at lauren@kotara.com.

PERFORMANCE OF SERVICES

(1) The Photographer agrees to take photographs as per the Client's stated requests, allowing for artistic expression;

(2) The Photographer agrees to use high technical quality to meet the Client's needs, for web or print;

(3) The Photographer will use digital photography and color management consultancy knowledge to create photographs for The Gutierrezs; and

(4) The Photographer shall provide The Gutierrezs with a look book or samples of the final proofs within 21 days.

PAYMENT

(1) The Client agrees to pay the Photographer a lump sum of $700.00 in consideration for the photography services to be rendered by the Photographer In consideration for this fee, the Photographer will devote 3 hours hours to cover the wedding of The Gutierrezs. The fee will be paid by Credit Card or Paypal.

(2) The Photographer will provide proofs and/or a look book to the Client to review for final purchase of pictures.

DEPOSIT

At the time of the signing of the Contract, the Client shall pay a non-refundable deposit of $350.00 to the Photographer for the Services. The deposit will be subtracted from the total payment owed by the Client upon completion of the Services.

CANCELLATION POLICY

All deposit fees are non-refundable. A minimum of 2 weeks notice will be required for cancellation of this Contract by the Client. Any cancellation made with less than 2 weeks notice prior to the agreed upon service date will result in full payment by the Client. If the cancellation is initiated by the Photographer, all fees paid to the Photographer from the Client shall be fully refunded, INCLUDING the deposit fee. Refund shall be paid out within thirty (30) calendar days from the cancellation date.

TERMS

The Photographer and the Client agree that this Contract shall commence on the above date and that same shall terminate on November 27, 2021. Said agreement may be extended and/or renewed by agreement of all parties memorialized in a subsequent amendment thereafter.

WORK PRODUCT OWNERSHIP

Any copyrightable works, ideas, discoveries, products, or other information (collectively, the "Work Product") developed in whole or in part by the Photographer in connection with the Services will be the exclusive property of the Client. Upon request, the Photographer will execute all documents necessary to confirm or perfect the exclusive ownership of the Client to the Work Product.

RELATIONSHIP OF PARTIES

It is understood by the parties that the Photographer is an independent contractor with respect to the Client, and not an employee of the Client.

COURTESY

The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client. The Client and the Photographer agree that positive cooperation and punctuality are therefore essential.

INDEMNIFICATION

The Client agrees to indemnify and hold harmless the Photographer from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against the Photographer that result from acts or omissions of the Client.

DEFAULT

The occurrence of any of the following shall constitute a material default under this Contract:

  1. The failure to make a required payment when due.
  2. The insolvency or bankruptcy of either party.
  3. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
  4. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

REMEDIES

In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

FORCE MAJEURE

If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, pandemic, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

ENTIRE CONTRACT

This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

SEVERABILITY

If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

AMENDMENT

This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

GOVERNING LAW

This Contract shall be governed by the laws of the State of Texas.

NOTICE

Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

WAIVER OF CONTRACTUAL RIGHT

The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

ASSIGNMENT

Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

SIGNATORIES.

This Agreement shall be signed by Lauren Kotara and Alonso Gutierrez, and by Jamie Young, Owner on behalf of Aesthetic Journeys, LLC.

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Signed by Jamie Young
Signed On: March 8, 2021


Signature Certificate
Document name: Wedding Photography Contract
lock iconUnique Document ID: aea860d257485bed175d7a3972f5d78edbfa1bed
Timestamp Audit
March 8, 2021 1:24 pm CDTWedding Photography Contract Uploaded by Jamie Young - hello@ajourneys.net IP 2600:1700:9450:2480:ac22:4cc0:33ae:17fb