Terms & Conditions
Terms & Conditions
Daisy & Moss and the client enters into any engagement upon the following terms, these may be updated at any time. Hereinafter Daisy & Moss Mountain Elopements, hereinafter referred to as itself or the βCompanyβ.
Services Provided by the Company include:
Full planning & coordination for other services on the day. This involves engaging and booking with a team of top local vendors to provide the services outlined in your package quote. These vendors are carefully selected by the Company to ensure you receive the best possible service available to curate your wedding day to match your style and requirements. The Company agrees to the terms and conditions of other vendors selected/hired on behalf of the Client. The Company will secure these vendors under the Company brand and deal with all booking and deposits directly. The Client is encouraged to provide as much information and style inspiration as possible to the Company in order to tailor the day to reflect you as a couple. The Company vendors may directly contact the Client within the planning process to discuss necessary components or personal details in relation to their services, i.e the celebrant to work on your ceremony.
Cancellation:
If the event is cancelled within three months of the date, the Client shall pay the balance of the contract, due to the high probability that Daisy & Moss and all of its vendors engaged will not be able to further book that date. Once the balance is paid, it is non-refundable, however, if Daisy & Moss is able to rebook that date, Daisy & Moss shall refund to Client the full amount of the total balance, less 15% to cover time to rearrange and time put in before the wedding day. All arrangements will be put in writing. Cancellation must be in writing, even if a phone call was made to inform Daisy & Moss of the cancellation.
Pre-Elopement Consultation:
The Clients will outline what is required and the Company will curate planning, logistics and timings where needed. A questionnaire will be sent out to you to complete, to help us curate to your personal preferences & style. The Clients are welcome to get in touch with the Company for ongoing communication & assistance leading up to the day. A finalised run sheet will be provided to the Client in the coming weeks leading up to the wedding date. In any case the Company will contact you by phone in the days before the wedding to ensure that there have been no last minute changes.
Helicopter Flights:
Mother nature is something the Company can not predict or control. Alpine environments are ever changing β and can change quickly, meaning we don't like to rely on what weather apps say unless we are within a 24 hour window.
If a helicopter flight has ben scheduled for your date and we are unable to fly due to bad weather conditions, the Company will work with you to fly at a more suitable time of the day if possible, or another one of your back up days with fairer flying conditions. If you as the Client choose not to opt for either of these options and would like to proceed with an alternative ground location elsewhere, the helicopter portion of your package will be fully refunded. For reasons stated as above, we strongly recommend booking accomodation for a full two days following of your planned date, so you have the flexibility. For example: If your date is booked for the 10th Jan, accomodation should be booked for check in the night of the 9th at the latest, with a check out on the 13th so we have 3 full days to choose from for the best weather outcome incase it does throw us a curve ball.
Bad Weather Venues:
Indoor / bad weather venues are not provided by the Company and is the responsibility of the Client to have a back up option in place. The Company recommends booking accomodation that provides areas suitable for prep to take place, as well as an area within the property that you would be happy to have your ceremony if need be.We highly suggest choosing a property that has lots of natural light available for the best photography aesthetics. Although this is not often an issue, it is best to have a Plan B in place. The Company recommends www.releasenz.com for all your luxurious accomodation needs or Airbnb can work a treat too.
Warranty:
a) You acknowledge that Daisy & Moss cannot guarantee certain poses or coverage quality.
b) You acknowledge that Daisy & Moss shall not be held responsible for compromised coverage due to interference from the guests or due to environmental issues, such as poor event lighting, space, or backdrops.
c) You accept that Daisy & Moss shall be given priority in taking photos & video over guests with cell phone cameras or other devices. This includes Content creators not engaged by Daisy & Moss.
c.1) You acknowledge that Daisy & Moss has the right to creative direction for the day). Any Content creator that is hired for the day other than our own, must also be informed & agree to this clause (c & c.1), and respect the role of the lead photographers & videographers. Daisy & Moss shall not be held responsible for compromised coverage due to interference from any Content Creator not hired within Daisy & Moss, which may directly affect the quality and outcome of production of photography & videography.
d) You agree that Daisy & Moss shall be the sole and exclusive photographer and/or videographer for the events mentioned in this contract.
e) Daisy & Moss warrants that the videos shall not infringe upon any third partyβs patents, trademarks, trade secrets, copyrights, or other proprietary rights.
g) Daisy & Moss agrees to make every effort to provide satisfactory coverage, but cannot make any guarantees as to specific poses or coverage during the Event.
Film photography:
The Photographer will provide the Client any number of selected rolls of film to be professionally shot, developed & scanned at the Photographers cost and choice of service provider and includes the cost to courier to have this serviced carries out in a timely manner as agreed in any quote confirmed. These digital files will be delivered via your online gallery. Due to the nature of 35mm/film & older cameras, the Photographer cannot guarantee every shot to be perfect (hence this is the beauty of film), but acknowledges that all necessary precautions will be taken before, during and after to protect the film negatives, with a safe guard procedure & system in place.
Artistic Style:
The client acknowledges that it is familiar with Daisy & Moss portfolio and is requesting services with knowledge of Daisy & Moss, that the work of Daisy & Moss is constantly evolving, that Daisy & Moss services are of unique and artistic nature, that the photos may be different from photographs & video taken by Daisy & Moss in the past, and that in creating the photos & video, Daisy & Moss shall use their personal artistic judgment to create images consistent with the vision of the wedding, which vision may be different from the clientβs. Accordingly, the client acknowledges that the photographs shall not be subject to rejection on the basis of taste or aesthetic criteria.
File release, Copyright & Reproduction:
The Client is granted a perpetual, irrevocable, worldwide and royalty-free license to print and use all photographs from the event, photographed by Daisy & Moss , for personal use only, including printing, in e-mails, thank you cards, photo albums, and similar such products. If posting on any website, including Instagram or Facebook, it is encouraged to give credit to Daisy & Moss with a link to thier website whenever deemed appropriate. The Client cannot sell the images or use them for commercial purposes, such as in magazines or other advertising, and they cannot alter the images in any way without permission from the Photographer, except to reduce to a smaller size for web. Client further agrees not to supply images to any professional third parties, (including vendors or professionals associated with the wedding) without permission from Splendour Visuals which shall not be unreasonably withheld. All photographs taken by The Photographer including those taken by a 2nd Shooter remain the property of Daisy & Moss. Client hereby waives any claims for ownership, income, editorial control.
Model Release & Usage:
It is understood that when Client signs & agrees to this contract all images are available for the Photographer to use unconditionally for marketing purposes including but not limited to websites , social media and magazines. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. The Photographer will not make reproductions for other use, or sell the images commercially, without first making the client aware.The Clients hereby release the Photographer and it's legal representatives, heirs and assigns from all liability and claims in connection with the images.
Liability of Company Limited:
If a photographer or videographer is too ill or becomes injured and cannot supply the wedding services specified above the Company will try to book a replacement best suited with a similar style. If this is not possible liability is limited to a refund of any payments received. The Companies liability to the Client for any and all costs, loss or damage suffered by the Client, however caused, arising out of or connected with the performance or failure of performance of photographic services by the Company, except where provided to the contrary by the Consumer Guarantees Act, shall not exceed the full value of the payments made by the Client under the Booking and/or Order agreements.
Company/ Photographer / Videographer not liable for losses
Except as provided for by the Consumer Guarantees Act 1993 the Photographer
shall not be liable for:
(a) Any loss or damage arising by reason of any delay in the completion of
the Photographic Works; or
(b) Any loss of profits; or
(c) Any indirect or consequential loss of whatever nature; or
(d) Any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Clientβs verbal instructions arising directly or indirectly from any breach by the Photographer of any of its obligations under the Booking or Order or from any cancellation of the Booking or Order or from any negligence on the part of Photographer.
The Company has working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons beyond our control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.
Deposit/Payment: A non-refundable 20% deposit/booking fee (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement to secure the date, at which time the Company and suppliers commit to being available to Client on that date (subject to non-payment or reasonable emergencies). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. In the event that Client fails to remit payment as specified, the Company shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the Event or to supply images. The full amount agreed is due no later than 30 days before the Wedding Date.