Terms of Service

Mountain Magic Media is not liable for any damages that you may suffer as a result of the photography services. This includes, but is not limited to, damages caused by the loss or destruction of photographs, or damages caused by the use of the photographs.

The Photographer takes the utmost care concerning exposure, procession, and delivery of photographs. If the images become lost, stolen, or destroyed, for reasons beyond or within the control of the photographer, liability is limited to a refund of the retainer and payment received. The limit of liability shall not exceed the contract price stated herein. Mountain Magic Media will not be held responsible for any ruined photographs due to guests or any other cause in or outside of the control of the photographer or client.

Clients understand and agree that Company’s role related to guidance for third-party vendors is that of an advisor and that final third-party vendor selections will be made solely by the Clients. Clients shall relieve and hold Company harmless for any acts, errors, omissions, representations, warranties, breaches, or negligence of any such third-party vendor. Clients are responsible for paying all other third-party vendors directly and all vendors’ contracts will be between the couple/clients and the third-party vendor. 

Any items needed for the event or session must be purchased by the Clients in advance. Any items requested by Clients that Company is required to purchase must be paid in full prior to Company purchasing any items. Company will send an invoice to Clients for additional items.

Clients understand and agree that it is their responsibility, as well as their guests’ responsibility, to show up to the photography session or event fully prepared for all kinds of weather and the outdoors including, but not limited to, bringing proper footwear for hiking, bringing proper all-weather attire, getting proper sleep before a sunrise elopement, eating and drinking properly beforehand, and bringing enough food and water for the activities involved. In the event Clients or Clients’ guests are unable to continue any activity or photography services as planned on the day of the elopement, Clients agree to relieve and hold Company harmless as a result of incomplete photography coverage.

The parties agree to positive cooperation and communication for the best possible result in this assignment. Mountain Magic Media is not responsible for individuals’ failure to be present or to cooperate during photography sessions or events, nor for missed images due to details not revealed to the photographers.

Clients understand and agree that Company will continue all photography coverage on the day of the photography session or event under any and all weather conditions. Clients understand and agree that Company will photograph at the planned location under inclement weather such as, but not limited to, rain, fog, heavy clouds, or low temperatures and that the location may not be changed due to such weather conditions. The only exceptions to this are (1) dangerous weather conditions that prevent the Company, Clients, and Clients’ agents from safely entering a remote location, such as, but not limited to, thunderstorms with lightning, large-sized hail, avalanches, mudslides, rockslides, wildfires, hurricanes, monsoons, tornadoes, etc., or (2) location closures due to forces outside the control of the Parties. In the event of such occurrence, Company will work with Clients to find another mutually agreeable location for the elopement on the same date. Clients understand and agree that some alternate locations are impossible to photograph at due to limitations and timelines surrounding licensing and permitting. Clients agree to relieve and hold Company harmless for all circumstances regarding weather-related location changes.

Photographer is limited by the rules and guidelines of the location(s) and site management. Clients agree to accept the technical results of the venue/location’s imposition on Photographer. Negotiation with the officials for moderation of guidelines is the Clients’ responsibility and Photographer will offer technical recommendations only.  Company is limited by the rules, guidelines, and accessibility of the location(s) and by site management officials, such as, but not limited to, use of confetti, use of chairs, amplified music, or other restricted items, floral restrictions in national parks, non-native plants species in certain regions or countries, access of pets, the maximum amount of people allowed to be on-site, etc. Company will not negotiate with officials, park rangers, or other authorities for the moderation of location guidelines. Clients agree to accept the technical results of the location’s imposition on Company and shall research and understand those limitations of the chosen location before signing this Agreement. Clients understand and agree to relieve and hold Company harmless for any loss of coverage due to a change in location rules or guidelines. 

Clients accept and understand that Company shall not violate any law, rule, and/or regulation imposed by location or applicable permits. Clients understand that any request that Company breaks a rule, law, and/or regulation will result in the immediate termination of services. Company shall be entitled to retain all monies paid and Clients agree to relieve and hold Company harmless as a result of incomplete photography coverage.

Clients and Clients’ agents understand and agree that they have read and will abide by the “Leave No Trace” principles of outdoor ethics here: https://lnt.org/why/7-principles/. Company fully abides by these principles and Clients agree to: (1) plan ahead and prepare for time in the outdoors by researching & acquiring adequate attire and gear for a safe and enjoyable outdoor experience including, but not limited to, proper footwear, food and water, adequate layers, etc.; (2) not travel or camp on fragile surfaces such as Tundra, cryptobiotic soil, fragile moss, wildflower meadows, etc.; (3) properly dispose of waste and not litter (e.g. no throwing confetti, non-native petals or leaves, or leaving any other type of trash or garbage or “trace of an event” on a trail or at elopement location such as a champagne cork, or otherwise) and come prepared and properly dispose of human waste; (4) leave what they find including, but not limited to, not picking wildflowers or collecting anything or making any kind of permanent mark like carving into a tree or graffitiing a rock; (5) minimize campfire impacts, always drown any fires, and strictly follow all fire bans (including the use of sparklers, smoke bombs, and any other kind of fireworks); (6) respect wildlife (including not chasing, harassing, touching, feeding or getting too close to any wild animal); and (7) be respectful of other visitors and understand that public lands are for everyone and cannot be privately reserved or gate kept for an event (e.g. Clients may not get upset if there are other hikers on a trail). In the event Clients or Clients’ agents violate this code of sustainability ethics, Company reserves the right to terminate its services. Company shall be entitled to retain all monies paid and Clients agree to relieve and hold Company harmless as a result of incomplete photography coverage.

Clients are responsible for researching, acquiring, and paying for all permits, licenses, and/or any other necessary permissions for all locations and countries where Company will be performing services. In the event Clients do not acquire required permits, licenses, and/or any other necessary permissions and a fine is imposed, Clients shall pay the fine and agree to relieve and hold Company harmless.

Clients understand and agree that it is their responsibility to ensure all details for travel documentation are correct and that they have reviewed all U.S. Government and other applicable government prohibitions, warnings, and advisories applicable to the foreign travel destination. 

Clients are responsible for fulfilling obligations related to obtaining lodging, transportation, passports, visas, and/or other immigration requirements, including vaccinations or other health-related requirements.

Clients understand and agree that it is their sole responsibility to research and acquire any and all travel, flight, and/or event insurance to protect themselves from unforeseen events, extreme weather, or extenuating circumstances beyond the Parties’ control. Clients agree to relieve and hold Company harmless for all such occurrences. 

Clients agree that they are in good physical and mental health and have medical approval to travel. Any physical disabilities must be reported to Company at the time of initial booking. Clients are required to provide their own personal or individually prescribed devices such as canes, wheelchairs, walkers, or similar devices. Company reserves the right to terminate this Agreement if Clients’ mental or physical condition makes them unable to complete the proposed elopement itinerary. Clients understand and agree that Company shall be held harmless for any and all claims relating to termination relating to mental or physical condition.

Carriers, hotels, and other suppliers providing travel or other services are independent third parties and are not agents, employees, or contractors of Company. Clients agree that Company is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such third party or supplier for any personal injuries, death, property damage, or other damages or expenses.

No undertaking, guarantee, or warranty is given or shall be implied as to the fitness or condition of Clients’ accommodations, transportation, or any food, drink, medicine, or provisions. Clients understand and agree that Company shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any third-party supplier. In no event shall Company be liable for any accident which occurs in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, onboard a cruise ship, on tenders, onshore excursions, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. Clients admit a full understanding of the nature and character of the mode of transport and assume all risks of travel and transportation.

Clients understand and agree that standard commercial airline flights, public transportation such as buses or trains, and travel via two-wheel-drive roads are included in Company’s service. Clients are responsible for paying any additional travel-related costs beyond this including, but not limited to, travel via four-wheel-drive roads with appropriate vehicles and guided transportation, helicopters, ferries, gondolas, cable cars, float planes, bush planes, funicular trains, etc. 

Additionally, Clients understand and agree that Company’s travel fee includes up to 100 miles of travel within any international airport. Clients agree to pay Company additional travel fees for any mileage beyond that, which shall be determined by the sole discretion of the Company. Company further reserves the right to invoice additional travel fees in the event of scheduling changes due to weather or forces outside the control of the Parties, or if Clients select or change the event location that incurs additional travel costs or change fees.

Clients agree that they fully recognize there are dangers and risks to which they may be exposed by participating in adventure elopement activities including, but not limited to, strenuous activity such as hiking, backpacking, walking, running, jumping, wading across, and driving through various types of terrain or water, snow, and ice features such as sharp or slippery rocks, tall grass, wet grass, wet sand, steep hills/mountains, ice and snow, thick or sharp foliage, streams, rivers, lakes, ponds, reservoirs, strong currents, ocean waves, four-wheel drive roads, etc.; standing, sitting, moving on terrain or objects which may be slippery, sharp, rough, unstable, hot, cold, etc.; standing, sitting, and moving in precarious and dangerous areas such as the top or edge of a tall or steep mountain, rock, cliff, building, tree trunk, tree branch, snow bank, frozen lake, pond, etc.; being in areas which might trigger a fear of heights or other fear responses; hiking or traversing through developed or wilderness areas that may include dangerous wildlife encounters such as elk, deer, moose, bears, mountain lions, raccoons, skunks, snakes, insects, mosquitoes, ticks, etc.; being exposed to normal and extreme weather conditions and other naturally occurring phenomenon such as harsh high-alpine sun, altitude, extreme cold or hot temperatures, rain, snow, sleet, hail, wind, fog, tornadoes, wildfires, floods, avalanches, lighting and thunderstorms; manual posing demonstrations or adjustments, camping, etc. Clients understand that Company does not require them to participate in any adventure elopement activity, but Clients are willingly participating despite the possible dangers and risks. 

Clients agree to assume and take on all risks and responsibilities arising from or associated with any adventure elopement activity and release Company and all of its affiliates, divisions, departments and other units, committees, and groups, and its and their respective governing boards, officers, directors, principals, trustees, legal representatives, members, owners, employees, student volunteers, agents, administrators, assigns, and contractors, from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that Clients may suffer arising from or in connection with adventure elopement activities, including any injury or harm, death, or damage to Clients’ personal property. Clients understand and agree that Company is NOT a certified outdoor guide company (such as a certified hiking guide, mountaineering guide, canyoning guide, or four-wheel road guide) and that it is the Clients’ responsibility to hire any and all necessary professional, certified companies.

Clients voluntarily assume all risk of personal injury or death sustained during adventure elopement activities and affirm that she/he has purchased adequate medical or health insurance to cover any medical assistance Clients may require. Clients affirm that they are personally responsible for all costs associated with medical treatment, vehicular damage, equipment damage, or property damage that may incur.

By signing this Agreement, Clients understand and AGREE that Company does not require participation in any activity, but Clients want to and choose to do so voluntarily and knowingly—and have properly prepared to do so—despite the possible dangers and risks described herein.

With informed consent, and for valuable consideration received as the undersigned, Clients agree to assume and take on all risks and responsibilities in any way arising from or associated with the activity, and releases Company and all its affiliates, divisions, departments and other units, committees and groups, and its and their officers, directors, principals, trustees, legal representatives, members, owners, employees, student volunteers, agents, administrators, assigns, and contractors (collectively “Releasees”), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that Clients may suffer at any time arising from or in connection with the activity, including any injury or harm to Clients, Clients’ death, or damage to Clients’ property, even if Clients have been advised as to the possibility of such (collectively “Liabilities”), and Clients agree to defend, indemnify, and hold Releasees harmless from and against any and all Liabilities.

Clients further voluntarily assume all risk of personal injury or death sustained during this activity. Clients recognize that by signing this Agreement they are giving up irrevocably, among other things, all rights to sue Releasees for injuries, damages, or losses. Clients also understand that this release is binding on their heirs, executors, administrators, legal representatives, and assigns, as well as themselves. Clients agree not to participate in the activity unless they are physically and medically able. Clients also affirm that they have adequate medical or health insurance to cover any medical assistance they may require. Clients affirm that they are personally responsible for all costs associated with medical treatment, vehicular damage, clothing damage, equipment damage, or property damage incurred. Clients agree to indemnify Company against any and all liability related to Clients’ attire, including damage to the bridal gown, any clothing or gear for the time of service, and into the future against any liability associated with the maintenance, repair, or cleaning of any such attire. 

Clients understand and agree that it is their responsibility to acquire any and all travel, flight, and/or wedding event insurance to protect themselves from unforeseen events, extreme weather, or extenuating circumstances beyond the Parties’ control. Clients agree to indemnify and hold Photographer harmless for all such occurrences. 

COVID-19 has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. The Photographer cannot guarantee services in the event of government-mandated shutdowns. The Photographer cannot guarantee that you or your guests will not become infected with COVID-19. Coming in close proximity with your Photographer could increase your risk of contracting COVID-19. You acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you the Client may be exposed to or infected by COVID-19 by riding with your Photographer in the same vehicle and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of others. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to you or your party members (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind. On your behalf, and on the behalf of your group members, You hereby release, covenant not to sue, discharge, and hold harmless the photographers, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Owners or the Property, whether a COVID-19 infection occurs before, during, or after visiting the Property. You voluntarily agree to abide by all of the prevailing restrictions relating to your Booking and/or Event.

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

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 Clients under this Agreement.

Clients agree to relieve and hold Company harmless for any compromised coverage due to causes beyond Company’s control including, but not limited to, elopement guests’ smartphones, cameras or flash in photos, videography obstruction, weather conditions, schedule complications, restrictions of the location(s), or other similar occurrences. Clients further agree to relieve and hold Company harmless for existing backgrounds, obtrusive objects, or lighting conditions that may negatively impact or restrict the photography coverage.

In no event shall Company be liable under this Agreement to Clients 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 Clients were advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

Company assumes no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of a third-party vendor; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by a third-party vendor; or (3) any wrongful or negligent acts or omissions on the part of any other party not under Company’s control. Clients hereby release and hold Company harmless from any and all claims arising out of third-party vendor occurrences.

Clients shall indemnify, release, discharge, and hold harmless Company, its heirs, legal representatives, assigns, employees, contractors, or any persons or corporations acting under permission or authority of the Company from and against any and all losses, damages, liabilities, and expenses and costs, including reasonable legal expenses and attorneys’ fees, to which Company may become subject as a result of any claim, demand, action or other legal proceedings by any third-party to the extent such losses arising directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Company.

Clients shall indemnify, release, discharge, and hold harmless the Company, its heirs, legal representatives, assigns, employees, or any persons or corporations acting under permission or authority of the Company against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including professional fees and attorneys’ fees, that are incurred by Company/awarded against Company in a final, non-appealable judgment, administrative proceeding, or any alternative dispute resolution proceeding, arising out of any third-party claim alleging:

(a) breach or non-fulfillment of any representation, warranty, or covenant under/representation or warranty in this Agreement;

(b) any negligent or more culpable act or omission of Clients or their agents (including any reckless or willful misconduct) in connection with the performance of its obligations under this Agreement;

(c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of Clients or their agents (including any reckless or willful misconduct);

(d) any failure by Clients to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under this Agreement; or

(e) the use of the likenesses of anyone captured in the images or any distortion, blurring, or alteration that may occur or be produced in the taking, processing, or reproduction of the photographs.