CUSTOM PHOTO ALBUM AGREEMENT

Maddie Mae Photography LLC (d/b/a Adventure Instead)

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Maddie Mae Photography LLC (d/b/a Adventure Instead) (“The Company”) (collectively the “Parties”), for the purpose of Client purchasing a custom photography album from The Company. This Agreement shall become effective upon the date you complete the checkout process.


TERMS AND CONDITIONS

1. Fees

Client shall commit to a custom album package by signing and returning this Agreement along with the initial payment for album service. The Company will not begin their custom album services until the contract and album design fee is received.

The initial payment for album service covers;
Initial album design
Two rounds of design revisions.
Shipping to US

No final album will be ordered or printed until the full payment is made. The full payment covers the costs of ordering, printing and shipping your finalized album(s) to one Client Address in the Continental United States. In the event Client fails to remit full payment as specified, The Company shall have the right to immediately terminate this Agreement with no further obligation and retain any monies already paid as liquidated damages.

The fees in this Agreement are based on The Companies current album pricing at the time of the effective date of this agreement. The price list is adjusted periodically. The full payment amount will be discounted by 25% from the normal price shown on the price list, if the contract is signed and the initial payment for album service is paid within 60 days of the client receiving their digital wedding album from The Company, or other date as specified in The Companies offer. The full payment amount will also be discounted by the initial payment for album service if the final album design is approved and final payment is received within 60 days of this agreement being signed and the album design fee being received by The Company.



2. Album Design Procedure

The following outline indicates the general procedure of a custom album design. Client understands and agrees to this procedure.

The Company will use the photos and album specifications to create the first custom album design.
The Company will send client first draft of album design.
Client will approve or send in revisions to album design.
Client shall select fabric and debossing for album.
The Company will make edits to album design. Only two rounds of edits are allowed.
Client will approve all pages and cover of final album design.
The Company will send in album for printing.
Album is printed and shipped.
Client receives final printed album.

3. Revision Rounds

The first draft will be sent to Client for approval. Client may request modifications to be made. The Company shall complete modifications and send the second draft of album design to Client. Client may then accept the design or request one more round of modifications. The Company will complete this second modification request and send the final draft of album to Client. After these two rounds of revisions to the album design, no further revisions are allowed. Any additional revisions are invoiced at a rate of $150.00 per round. All additional revision rounds must be paid before album is sent to manufacturer for printing.

4. Final Approval

The Company will not place an album order with the album manufacturer until Client approves the final design draft for all pages and the cover design, and the balance is paid on any upgrades or additional spreads. Client agrees to check the final album design very carefully before giving final approval. Once final approval is given, The Company is not responsible for typos, image defects, duplicate images, or other errors that may have been missed.

5. Duplicate Albums

Duplicate albums cannot be altered from the original designs. Duplicate albums shall be ordered at the time of final approval of the original album design and will be invoiced and must be paid prior to The Company sending in album for printing. No duplicate albums are available after the original album ordering phase is complete.

6. Album Delivery

Client understands and agrees that The Company’s album manufacturer generally takes six to eight weeks to print and manufacture the album. While every possible precaution is taken and this manufacturer has been selected by The Company for its superb quality, The Company assumes no liability for the loss or damage of album while in possession of manufacturing company.

7. Ordering Date

Client shall agree to final album design within 60 days of this Agreement’s contract date. Any delay by Client in approving final album design will result in termination of this Agreement and no further obligation by The Company.

8. Retouching and Edits

The Company will not re-edit or retouch any images.

9. Returns

Client understands and agrees that once final approval of album design has been given to The Company, no returns or refunds are allowed whatsoever. In the event Client receives the printed album and sees any manufacturer defects or dislikes the album quality, The Company will work with manufacturer to the best of his/her ability to remedy the situation. Client is responsible for any additional fees associated with returning or reprinting the album.

10. Album Archiving

The Company shall keep a copy of final approved album design for 60 days but does not permanently archive the final album design. Client understands that after 60 days the album design will not be available to order additional copies and a new contract must be signed to start the process over.

11. The Company Copyright

The final album design by Maddie Mae Photography LLC (d/b/a Adventure Instead) is his/her property, will remain his/her property, and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control, and use of the images and album design. Violations of this federal law will be subject to its civil and criminal penalties.

12. Reproduction

Client and Client’s agents agree to acquire the album design and product directly from The Company through their professional album company. Client and Client’s agents agree not to scan, copy or reproduce the album design in any manner without written permission, including using the custom album design to create other albums. The Company may seek damages for any illegal reproduction. Client and Client’s agents further agree not to supply the album to any third parties.

13. Communication

The Company’s office hours are 9:00am to 5:00pm MT Monday to Friday excluding national holidays. The Company’s primary source of communication is through their email hello@adventureinstead.com The Company will respond to Client’s emails within those office hours, and no more than 72 hours after Client emails The Company.

14. Indemnification

Client will indemnify, defend and hold harmless The Company, its affiliates, customers, employees, successors, assigns, officers and directors from and against any losses, damages, claims, fines, penalties and expenses (including reasonable attorneys’ fees) that arise out of or result from this Agreement, including: (a) injuries or death to persons or damages to property, including theft, in any way arising out of or caused or alleged to have been caused by the services performed by The Company or persons furnished by The Company; (b) any failure by The Company to perform its obligations under this Agreement beyond its control; (c) any negligent act or omission committed by The Company in the performance of the custom album designing and processing services; or (d) any claims, actions, or other proceedings based on a claim that any work provided by The Company infringes upon or violates any U.S or foreign patents, copyrights, trade secrets, or other third party proprietary rights.

15. Maximum Damages

The sole remedy for any actions or claims shall be limited to a refund, the maximum amount not to exceed the total monies paid by Client under this Agreement.

16. Limitation of Liability

If, during the production and/or before the album(s) are delivered to Client, the media has been lost, stolen, or is unusable because of defect, damage, equipment malfunction, processing, or other technical error caused by The Company or by forces outside the control of The Company, Client agrees to relieve and hold The Company harmless and will not impose any additional liability. Liability for a partial loss of photographs shall be prorated by The Company based on the percentage of total.

In no event shall The Company be liable under this Agreement to Client or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

17. Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure
events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 5-10 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 5-10 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice. The retainer and all other payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable.

18. Cancellation of Album Services by The Company

In the event The Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
Immediately give notice to Client;
Issue a refund or credit based on a reasonably accurate percentage of custom album services rendered; and
Excuse Client of any further performance and/or payment obligations under this Agreement.

19. Sales Tax

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Client and remitted by The Company. All sales tax will be included on invoices.

20. Entire Agreement


This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by all Parties, and physically attached to the original agreement.

21. Venue and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a court of competent jurisdiction located in Larimer County, Colorado. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.

22. Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Larimer County, Colorado, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

23. Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

24. Transfer

This Agreement cannot be transferred or assigned to any third party by either the The Company or Client without written consent of all Parties.

25. Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

26. Notice

Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: The Company’s Email: hello@adventureinstead.com

27. Facsimile Signatures

The Parties agree that a facsimile copy (electronic copy) of this Agreement may be used as the original.

Clients Signature

By checking the box on this order form and upon completion of purchase, You confirm that you have read, understood, and agree to the terms and conditions of this Agreement.