The following Terms and Conditions (“TC”) govern your use of A Pop Of Love Photography’s (“APL“) services, including, but not limited to, the purchase of a ticket(s) to and attendance at APL Pop Up Events (“Pop Up“). By purchasing a ticket to a Pop Up, you agree to be bound by these TC.
APL reserves the right to change these TC at any time without notice by posting such changes on the APL website at www.apopoflovephoto.com. It is your responsibility to familiarise yourself with these TC to ensure that you are aware of any changes. Your purchase of a ticket to a Pop Up following the posting of any such changes will constitute your acceptance of the revised TC.
(1) Whilst APL will take all care in the performance of these TC, APL’s liability is limited to moneys paid to APL by you should any circumstance occur, whether or not APL can prevent it, including but not limited to mechanical failure, fire, theft, accident, force majeure or ill-health, which prevents fulfilment of these TC.
(2) Should the nominated photographer or stylist not be available, APL will notify you as soon as reasonably practicable. Whilst APL will endeavour to supply another photographer and/or stylist, if an alternative photographer and/or stylist is not available, APL will refund all moneys paid to APL by you.
(3) Any tickets purchased to a Pop Up is non-refundable. In the event that you cannot attend the Pop Up, your ticket may be transferred to a third party for use at the designated Pop Up, provided that prior notice of such transfer is given to APL as soon as reasonably practicable.
(4) A minimum total of 5 final photographs will be supplied to you following a Pop Up. Any photographs not selected by APL are not archived and will be removed permanently. The final 5 photographs will be supplied in high resolution format, viewable from a private online gallery sent within two weeks from the date of the Pop Up.
(5) All photographs supplied in any format including but not limited to digital files, prints or albums will be beautifully edited in-house. You agree to not reject any photographs on the basis of style or composition. We may from time to time remove reasonable minor blemishes, including scratches or small blisters, but any additional processing, including without limitation to Photoshop, digital plastic surgery, removing paint marks or experimental colouring is not included and may be purchased at an additional cost after the Pop Up. Any photo editing and processing made are at the discretion of APL.
(6) The photography schedule and selected methodology are designed to accomplish the goals and your wishes in a manner enjoyed by all parties. You and APL agree that the cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time. APL is not liable for requested photos not taken due to a delayed start.
(7) APL may use photographs taken pursuant to this agreement for any purpose, and you hereby assign and convey to APL the irrevocable and unrestricted right to use and publish those photographs in APL’s absolute discretion. You hereby release and indemnify APL from all liability relating to any photographs produced pursuant to this agreement. You will be notified if used in any publication.
(8) APL has full creative control on composition, framing and cropping of photographs. The decision as to when to shoot in black & white or colour for each moment will be based on the discretion of APL. The photographs are edited at the photographers discretion, and delivered final photos may not include all photographs. The photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within the photographer’s artistic standards.
(9) APL uses local and overseas labs to develop the negatives therefore a postage and handling fee of $150 is required for you to have their film negatives. If not claimed, APL does not guarantee the existence of any film negatives from the date of delivery of the digital files. If acquired, then upon receipt of film negatives, You accept all responsibility for archiving and protection of the film. APL is not responsible for the failure of negatives due to mishandling, the lifespan of the film or any future changes in technology that may result in an inability to reproduce photos from your wedding. You are also aware that only one set of negatives exists and cannot be replaced if negatives are lost or damaged. Negatives are optimized for a lab to reproduce digital and are not edited. APL recommends that film negatives are stored in archival negative sleeves and placed in an acid-free box stored in a cool humidity controlled room.
(10) No files will be archived and no files will be available more than three months after the date of the relevant Pop Up.
(11) All photographs, reproductions and prints produced by APL are protected by copyright. The photographs produced from a Pop Up are restricted for personal, non-profit and non-commercial use only.
(12) We will use our best endeavours to protect your privacy and agree to not post any names with respect to any images we may use for promotional purposes. If you do not want your images to be used and/or published in our promotional materials, you agree to let us know prior to the Pop Up.
(13) Film development can take up to 8 weeks from the date of the Pop Up session.
(14) You shall indemnify and hold harmless APL from any loss, damage or liability resulting from your violation of the terms of this Agreement or any agreement involving you and the photographer. You shall indemnify APL and hold it harmless from and against any claim by any other person or entity resulting from the performance of his services under this agreement.
(15) If any part of these Terms and Conditions are determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.
(16) APL’s liability for any claim, breach or damage shall be limited to repayment of sums paid by you only. It shall not be liable for any claims for emotional distress, consequential damages, loss profit, loss of enjoyment, lost revenues, replacement costs, compensatory damages and/or punitive damages. No individual working withAPL nor its employees, agents, contractors, shareholders, officers, directors, members or managers shall in any manner be personally liable for any acts or omissions and you hereby waive any rights to seek relief from any individual.
(18) By purchasing a ticket to an APL Pop Up, you agree to these Terms and Conditions and these Terms and Conditions shall be binding on you.