Rental Agreement

 

Parties:

Known as “Lessor”

Wedding Weekender

and

Known as “Lessee”

You (defined as customer/lessee to contract)

Collectively, all of the above people or businesses entering this Equipment Lease Agreement will be referred to as the “Parties.” This Equipment Lease (“Lease”) is made and effective by signing or electronically signing the contract, or by purchasing services by and between Wedding Weekender, (“Lessor”), and current user (“Lessee”). By agreeing to the contract or purchasing services, Lessee agrees to be bound by these terms and conditions, whether or not Lessee has read them. Lessor may at its sole discretion modify these terms and conditions at any time and any modifications shall become effective immediately as posted on this site. By signing or electronically signing the contract, or purchasing services, Lessee indicates acceptance of the modified terms and conditions.

Purpose of the Equipment Lease Agreement

Lessee wishes to hire Lessor to provide video camcorder rental services relating to Lessee’s wedding weekend as detailed in this Equipment Lease Agreement. Lessor has agreed to provide such services according to the terms of this Equipment Lease Agreement. Any physical pieces of product Lessor is providing for Lessee will be referred to as “Equipment.”

Terms

Services. The services provided by Lessor are those as specified in the proposal/quote/purchase order/invoice to which these Terms and Conditions pertain.

Lease. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the video camcorder equipment shown in the order preview on the respective invoice (“Equipment”). Lessor reserves the right to refuse or decline leasing Equipment to potential lessee at Lessor’s sole discretion. Lessor may, at its sole discretion, gather information from third parties regarding potential lessee’s past rental history and creditworthiness. If Lessor declines leasing Equipment to Lessee, the Lessee will receive a full refund of services.

Term. The term of this Lease shall commence on the day of the first attempt by the parcel carrier used by Lessor to deliver the item, and expires 72 hours after the wedding date. Lessor will ensure the Equipment will be delivered to Lessee at least 48 hours prior to the wedding date, typically 4-6 days prior to the wedding date, unless otherwise discussed via email. The Equipment must be return-shipped to Wedding Weekender, before shipping cut-off time with the courier on the last day of the Rental Period via the parcel carrier used by Lessor, unless prior arrangements were made between Lessee and Lessor. Should Lessee return the Equipment using a shipping label not provided by Lessor, and the Equipment is not returned on or before the expected return date, Lessor reserves the right to charge the Lessee additional fees for the extra time the Equipment was in transit or late. You hereby give Lessor permission to contact you via the US mail, email, telephone, or text message regarding information on or status of your rental.

Rent and Deposit. All rent will be paid in advance, in full before the order ships.

Use. Lessee shall use the Equipment in a careful, safe and appropriate manner and shall comply with and conform to all national, state, municipal, and other laws, and regulations in any way relating to the possession, use or maintenance of the Equipment including any manufacturer’s recommendations, warnings and instructions as to the safe use of the Equipment.

Representations, Warranties and Agreements. Lessee has selected the Equipment without relying upon any suggestion or recommendations of Lessor or its employees and Lessee understands and agrees that Lessor assumes no responsibility for the Equipment as being fit for any particular purpose.

Lessor represents and warrants as follows: (1) the Equipment is free from known defects and is in good working order to the best of its knowledge at the inception of the rental; (2) Lessor is responsible for routine repair and maintenance of the Equipment prior to rental; (3) Lessor has the right to enter into the rental of the Equipment. Lessee agrees as follows: (a) except as set forth in Lessor’s representations and warranties above, the Equipment is rented to Lessee without any warranty or guaranty of any kind, express or implied, and specifically, there is no warranty of merchantability or fitness for a particular purpose; (b) Lessor shall not be held responsible with respect to production downtime, loss of profits, extra expense, indirect, consequential, or punitive damages, production delays; and (c) except as set forth in Lessor’s representations and warranties above, Lessee is responsible for all costs associated with any repair or replacement (without deduction for depreciation) of the Equipment necessitated as a result of Lessee’s usage, possession, transportation or failure to return the Equipment for any reason, including, without limitation, as a result of the negligence or willful misconduct of Lessee, its employees, agents, or contractors. At all times Lessor’s maximum liability in connection with the Equipment is limited to the rent paid to Lessor by Lessee.

Delivery of Services, Return of Equipment

Delivery of Services/Equipment. Lessor will ensure the equipment is delivered to Lessee at least 48 hours prior to the wedding date, unless otherwise agreed upon with Lessee, or if there is a delay in shipment outside of the Lessor’s control. Lessee understands that Lessor typically will deliver equipment to Lessee within four to six days prior to the wedding date.

Lessor will ship the equipment to the address provided by Lessee above unless Lessee provides Lessor with an alternate address in an adequate amount of time for Lessor to update the current address.

Lessor will ensure editing services are delivered to Lessee within 16 weeks after their event date but will make attempts for faster delivery.

Shipping. Lessor does not ship on federal holidays. Lessor cannot guarantee the arrival date of the order as that is outside the control of Lessor. Any shipping or transit time estimates provided by Lessor are estimates only. Lessee is encouraged to order in a timely fashion to avoid delays caused by product unavailability or shipping. Lessee agrees to obtain and retain the shipping receipt for all return shipping until Lessor notifies Lessee of Lessor’s receipt of such returned product.

Age. Due to the value of the Equipment Lessor will not rent Equipment to persons under the age of 18. Lessee agrees not to allow any person to pick up, or return the Equipment who is under the age of 18.

Surrender. The expiration of this Lease is 72 hours after the wedding date. Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof excepted, by delivering the Equipment at Lessor’s cost and expense via the shipping method specified by Lessor. Lessee shall be responsible for proper packaging of the returned Equipment using shipping and packaging materials provided by Lessor in the order shipment. Lessor’s acceptance of the Equipment upon return by Lessee shall not represent Lessor’s determination as to the condition of the returned Equipment. Lessor reserves the right to inspect the Equipment within a reasonable time after the return of the Equipment and make a determination as to whether such returned Equipment was damaged during the period the Equipment was in Lessee’s possession.

Used Equipment. Lessee acknowledges that the Equipment may be used gear and may be cosmetically flawed. However, Lessor warrants that the Equipment, whether new or used, will be in proper working condition when leased to Lessee. Should Lessee discover that the Equipment, as received, is not working properly, Lessee agrees to notify Lessor pursuant to the “Non-Working Equipment” Section of this Equipment Lease Agreement.

Typographical Errors. In the event a product rental rate is listed incorrectly due to errors in pricing information received from Lessor’s suppliers, Lessor has the right to refuse or cancel any orders placed for products listed at the incorrect rate whether or not Lessee’s credit card has been charged. Should Lessor cancel Lessee’s order, Lessor will immediately credit Lessee’s account for the incorrect amount paid.

Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify Lessor’s acceptance of Lessee’s order, nor does it constitute confirmation of Lessor’s offer to rent. Wedding Weekender reserves the right at any time after receipt of Lessee’s order to accept or decline Lessee’s order or to supply less than the quantity Lessee ordered of any item for any reason. If Lessor declines the order by the Lessee, the Lessee will receive a full refund of services.

Out-of-Stock Products and Multiple Product Orders. Lessor will ship the Equipment to Lessee as it becomes available. There may be times when the Equipment Lessee ordered is out-of-stock which will delay fulfilling Lessee’s order. Lessor makes no guarantees as to availability of Equipment. Any estimate of availability provided by Lessor is based on the assumption that each of Lessor’s customer returns Equipment within the prescribed Rental Period. Lessor will keep Lessee informed of any Equipment that Lessee has ordered that are out-of-stock and unavailable for immediate shipment. If Equipment is out-of-stock or unavailable, Lessee may cancel the order at any time prior to shipping. For a multiple product order, Lessor will make every attempt to ship all products contained in the order at the same time. Equipment that are unavailable at the time of shipment of other Equipment will be shipped as they become available unless Lessee notifies Lessor of their alternate wishes to this end. Lessee will only be charged for Equipment contained in a given shipment, plus any applicable shipping charges. Lessee will only be charged for shipping at the rate quoted on Lessee’s purchase receipt. The entirety of this shipping charge may be applied to the first Equipment shipped on an order requiring multiple shipments.

Cost, Fees and Payment

Cost. The price and products are those as specified in the proposal/quote/purchase order/invoice to which these Terms and Conditions pertain. The retainer for the services provided by Lessor is 100% of Lessee’s order total at the time of booking and is non-refundable, irrespective of the payment method used by Lessee at the time of booking. Lessee agrees that the fee fairly compensates Lessor for committing to provide the Services and turning down other potential projects/clients.

Refunds. Lessee will be entitled to a full refund of payment if the circumstances satisfy the Wedding Weekender “Video Guarantee”.

“Video Guarantee” covers three possible scenarios for refund eligibility. 1.) If the video camcorder equipment leased by Lessor is determined to be the cause of malfunction. This does not account for user error or any reason the equipment was not used correctly by Lessee. This condition does not apply to external electrical interference or environmental factors. 2.) If Lessee is unable to record any video during their wedding weekend despite following all setup instructions properly and the equipment was in working condition. 3.) If Lessee’s package is lost in mail and is unable to receive any video of their wedding weekend despite following all instructions properly.

The following situations or factors disqualify Lessee from being eligible for a refund via the Video Guarantee. 1.) Failure to Return Equipment By Lessee to Lessor. 2.) Cancellations. 3.) Failure by Lessee to complete setup procedures supplied by and required by Lessor via email and in equipment box. 4.) User error or damage to equipment including, but not limited to: a) Lessee did not use equipment for Lessee’s intended event, b) Lessee did not power on equipment at Lessee’s event, c) any damage or loss of equipment while in Lessee’s possession and/or time of rental period, d) failure to properly charge batteries or use memory cards provided, or e) external factors beyond control of Lessor, including environmental damage or electrical interference.

Taxes. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee, or Lessor at Lessee’s expense, shall report, pay and discharge when due all license and registration fees, assessments, sales, use and property taxes, gross receipts, taxes arising out of receipts from use or operation of the Equipment, together with any penalties or interest thereon, imposed by any state, federal or local government or any agency, or department thereof, whether or not the same shall be assessed against or in the name of Lessor or Lessee. Lessee shall indemnify and hold Lessor harmless from any taxes, fees, and penalties arising out of Lessee’s lease, use and possession of the Equipment except for those taxes, fees and penalties based upon Lessor’s income.

Default. If Lessee fails to pay any rent or other amount herein provided within ten (10) days after the same is due and payable, or if Lessee fails to observe, keep or perform any other provision of this Lease required to be observed, kept or performed by Lessee, Lessor shall have the right to exercise any one or more of the following remedies:

• a. To charge Lessee’s credit card on file for all amounts due (including any late fees) and owing.
• b. To sue for and recover all rents, and other payments, then accrued or thereafter accruing.
• c. To take possession of the Equipment, without demand or notice, wherever same may be located, without any court order or other process of law. Lessee hereby waives any and all damages occasioned by such taking of possession.
• d. To terminate this Lease.
• e. To pursue any other remedy at law or in equity.

Notwithstanding any repossession or any other action which Lessor may take, Lessee shall be and remain liable for the full performance of all obligations on the part of the Lessee to be performed under this Lease. All of Lessor’s remedies are cumulative, and may be exercised concurrently or separately.

Bankruptcy. If any proceeding under the Bankruptcy Act, as amended, is commenced by or against the Lessee, or if the Lessee is adjudged insolvent, or if Lessee makes any assignment for the benefit of his creditors, or if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days thereafter, or if a receiver is appointed in any proceeding or action to which the Lessee is a party with authority to take possession or control of the Equipment, Lessor shall have and may exercise the option to, without notice, immediately terminate the Lease. The Lease shall not be treated as an asset of Lessee after the exercise of said option.

Assignment. Neither this Lease nor any interest therein is assignable or transferable by Lessee without Lessor’s advance written consent, which consent may be withheld in Lessor’s unfettered discretion.

Insurance and Deposit. Some orders may require that Lessee insure the Equipment for the duration of the Rental Period or provide an authorization hold to be placed on Lessee’s credit card on file in an amount to be determined by Lessor until the Equipment has been returned to Lessor in good working order. Should Lessee choose to insure the Equipment, Lessee shall add Wedding Weekender as Additional Insureds on Lessee’s insurance policy and provide Lessor with a Certificate of Insurance at the time of the order.

Exclusivity & Ownership

Exclusivity. Lessee understands and agrees that Lessee has hired Lessor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Lessor hires to complete the Services outlined in this Equipment Lease Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Equipment Lease Agreement.

Ownership. The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.

Intellectual Property

Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Lessor in accordance with this Equipment Lease Agreement, Lessor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Equipment Lease Agreement, are expressly and solely owned by Lessor and may be used in the reasonable course of Lessor business.

Promotional Use of Footage. Lessee acknowledges and agrees that Lessor may use any video or photographic content captured using the Equipment during Lessee’s Rental Period (“Footage”) for Lessor’s business purposes, including without limitation: (a) promotional and marketing materials of any kind; (b) Lessor’s social media accounts, pages, and channels; (c) paid advertisements and sponsored or boosted content on any platform; and (d) sharing with Lessor’s brand partners, affiliates, and third-party marketing collaborators. Lessor will exercise professional judgment and will not use Footage containing nudity or content Lessor otherwise deems inappropriate. Lessee may opt out of this promotional use of Lessee’s Footage by submitting a written request to Lessor prior to the commencement of the Rental Period, as further described in Lessor’s Privacy Policy. Opting out does not affect Lessor’s separate right to review Footage for quality control purposes.

Release of Third Parties Featured in Footage. Lessee acknowledges that Footage captured using the Equipment during the Rental Period may include wedding guests, family members, officiants, vendors, and other individuals who are not parties to this Agreement (“Third Parties”). Lessee represents and warrants that Lessee has the authority to, and does hereby, consent on behalf of all Third Parties present at Lessee’s wedding weekend event to (a) being filmed and photographed using the Equipment, and (b) Lessor’s use of any Footage depicting such Third Parties for the purposes described in the “Promotional Use of Footage” section above. Lessee agrees to take reasonable steps to notify Third Parties in advance that the event will be filmed using Lessor’s Equipment and that such Footage may be used by Lessor as described herein. Lessee shall indemnify, defend, and hold Lessor harmless from any claim, demand, or liability, including reasonable attorneys’ fees, brought by any Third Party arising out of or relating to Lessor’s use of Footage depicting that Third Party. This Section does not expand Lessor’s obligations, and Lessor will continue to exercise professional judgment when selecting content for promotional use, consistent with the “Promotional Use of Footage” section above.

Permitted Uses of Product(s). Lessor grants to Lessee a non-exclusive license of product(s) produced with and for Lessee for personal use only so long as Lessee provides Lessor with attribution each time Lessee uses Lessor’s property. Personal use includes, but is not limited to, use within the following contexts:

• In photos or videos on Lessee’s personal social media pages or profiles
• In any format used on Lessee’s website

Use of Information with Artificial Intelligence Tools. Lessee further acknowledges and agrees that Lessor may input, process, or analyze Lessee’s personal information and Footage using artificial intelligence and machine learning tools (including third-party AI providers) for Lessor’s business operations purposes, such as video editing and post-production, quality control, customer service, fraud/risk screening, and internal analytics, as further described in Lessor’s Privacy Policy.

Impossibility

Force Majeure. Lessor will not be liable to Lessee for failure to perform any obligations otherwise required herein in the event of strikes, lockouts, calamities, acts of God, fire, flood, pandemic, and/or unavailability of supplies or other events over which Lessor has no control for so long as such event continues and for a reasonable period of time thereafter.

Artistic Release

Style. Lessee has spent a satisfactory amount of time reviewing Lessor’s work and has a reasonable expectation that Lessor will perform the Services in a similar manner and style unless otherwise specified in this Equipment Lease Agreement.

Consistency. Lessor will use reasonable efforts to ensure Lessee’s desired Services are produced in a style and manner consistent with Lessor’s current portfolio and Lessor will try to incorporate any reasonable suggestion made by Lessor. However, Lessee understands and agrees that:

• Every client, wedding and event is different, with different tastes, budgets, and needs;
• Video recording equipment and services are often a subjective art and Lessor has a unique vision, with an ever-evolving style and technique;
• Lessor will use its artistic judgment when providing Services for Lessee, which may not include strict adherence to Lessee’s suggestions;
• Although Lessor will use reasonable efforts to incorporate Lessee’s suggestions and desires when providing Lessee with the Services, Lessor shall have final say regarding the aesthetic judgment and artistic quality of the Services, including any equipment provided by Lessor to the wedding/event;
• Dissatisfaction with Lessor’s aesthetic judgment or artistic ability are not valid reasons for termination of this Equipment Lease Agreement or request of any monies returned, including the quality or length of video recordings Lessee captures.

Limit of Liability

Indemnity. Lessee shall indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney’s fees and costs, arising out of, connected with, or resulting from Lessee’s use of the Equipment, including without limitation the selection, possession, use, operation, or return of the Equipment.

Maximum Damages. Lessee agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Equipment Lease Agreement or Services provided in this Equipment Lease Agreement are not to exceed the Total Cost of Services provided by Lessor.

Non-Working Equipment. Lessee shall notify Lessor after receipt of Equipment of any malfunction and/or alleged damage of such Equipment. In the event Equipment is not functioning and/or damaged other than as a result of Lessee’s negligence or willful acts, Lessee must not attempt to repair or modify the equipment himself/herself. Lessee must return such non-working Equipment to Lessor and Lessor will either replace the non-working Equipment with a functioning equivalent (“Replacement Equipment”) or issue Lessee a credit or full refund of all rental charges paid by Lessee at Lessee’s option. The rental charges for all such non-working Equipment so returned will commence upon Lessee’s receipt of the replacement Equipment. Once Lessor receives notification of suspected damage of Equipment in transit, Lessor shall send such damaged Equipment to the manufacturer for inspection and repair. Lessee and Lessor hereby agree to be bound by the damage report provided by such manufacturer as to the cause and liability of such damage.

Loss and Damage. Except as set forth in Lessor’s representations and warranties above, Lessee hereby assumes and shall bear the entire risk of loss and damage to the Equipment (and any video recordings generated from the Equipment) from any and every cause whatsoever. No loss or damage to the Equipment or any part thereof shall impair any obligation of Lessee under this Lease. In the event of damage of any kind whatever to the Equipment, Lessor may: (a) charge Lessee’s credit card for the full cost of repair (up to $500 per item of Equipment); and (b) repair the Equipment using a vendor at Lessor’s sole discretion. Lessee’s total liability for repair costs to any single item of damaged Equipment under this Section shall not exceed $500, regardless of the actual cost of repair, provided that this cap does not apply to Equipment that is lost, missing, or damaged beyond repair, as described below. In addition to repair or replacement fees, Lessor may charge Lessee’s credit card for a “Loss of Use Fee”. “Loss of Use Fee” is equal to the daily rental fees Lessor would have been entitled to receive for the Equipment had it not been damaged or lost. In the event the Equipment becomes damaged beyond repair, Lessee shall pay Lessor the full replacement value of the Equipment. Lessee must ensure that the Equipment, when returned to Lessor, is clean. Should the returned Equipment be deemed dirty in Lessor’s sole judgment, Lessor reserves the right to charge Lessee a “Cleaning Fee”.

Missing or Unreturned Equipment. If any item of Equipment is not returned to Lessor within 10 days following the expiration of the Rental Period, such Equipment will be deemed lost and this Section, rather than the repair cap above, will apply. Lessee shall be responsible for, and Lessor may charge Lessee’s credit card on file for, (a) the full replacement value of the missing Equipment, (b) the applicable Loss of Use Fee, and (c) any shipping or administrative costs Lessor reasonably incurs as a result of the missing Equipment. Lessor will make reasonable efforts to notify Lessee before charging Lessee’s card under this Section.

Repairs. Lessee agrees not to attempt to repair or materially alter the physical or otherwise makeup of the Equipment under any circumstances regardless of fault.

Errors Using Equipment. Lessor will aid Lessee in instructing how to operate Equipment through instructions delivered either physically, via email, or through photo or video format. Lessee agrees to release Lessor of any responsibility if there are errors in the use of Equipment and assumes all risk of operation of the equipment and agrees to not hold Lessor responsible for any issues or errors to occur with the Equipment.

Cancellation, Rescheduling and No-Shows

Cancellation, Rescheduling of Services or No-Show Client. If Lessee desires to cancel Services, reschedule Services, or if it becomes impossible for Lessor to render Services due to the fault of the Lessee or parties related to Lessor, such as failure of the wedding to occur or failure of one or more essential parties to the wedding to show up in a timely manner, Lessee shall provide notice to Lessor as soon as possible via the Notice provisions detailed in this Equipment Lease Agreement. Lessor has no obligation to attempt to re-book further Services to fill the void created by Lessee’s cancellation, rescheduling, no-show or if it becomes impossible for Lessor to provide the Services due to the fault of Lessee (or parties related to Lessee), and Lessor will not be obligated to refund any monies Lessee has previously paid towards the Total Cost. Lessee is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the event, or should it become impossible for Lessor to provide the services due to the fault of Lessee (or parties related to Lessee) unless the Parties otherwise agree in writing. For instance, if Lessor is able to secure another, unrelated client for the agreed-upon wedding date, then Lessor may choose, at its sole discretion, to excuse all (or a portion of) Lessee’s outstanding balance of the Total Cost.

Failure to Perform Services. In the event Lessor cannot or will not perform its obligations in any or all parts of this Equipment Lease Agreement, it (or a responsible party) will:

• Immediately give Notice to Lessee via the Notice provisions detailed in this Equipment Lease Agreement; and
• Attempt to find another competent professional to take its place with the mutual agreement of Lessee(s);
• If another competent professional is not available or Lessee(s) do not agree to transfer of obligations to said alternate professional, Lessor will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
• Excuse Lessee(s) of any further performance and/or payment obligations in this Equipment Lease Agreement.

General Provisions

Entire Agreement. This Agreement contains the entire understanding and agreement between the Parties with respect to the matters referred to herein, and supersedes any and all other agreements, understandings, negotiations, or discussions, either oral or in writing, express or implied, between the Parties to this Agreement.

Severability. If any portion of this Equipment Lease Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Equipment Lease Agreement remain in full force.

Additional Documents. If Lessor shall so request, Lessee shall execute and deliver to Lessor such documents as Lessor shall deem necessary or desirable for purposes of recording or filing to protect the interest of Lessor in the Equipment including, but not limited to a UCC financing statement.

Amendment. The parties may amend this Equipment Lease Agreement only by the parties’ written consent via proper Notice.

Attorney’s Fees. In the event any party hereto brings a claim arising from or relating to this Agreement, or to enforce this Agreement, the “prevailing party” shall be entitled to recover all its reasonable attorneys’ fees and costs incurred as a result of such a claim as costs of suit or as damages.

Notice. Parties shall provide effective notice (“Notice”) to each other via email of delivery at the date and time which the Notice.

Governing Law, Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. In the event of any legal proceeding compelled by either party to this Agreement, and relating to the terms hereof, jurisdiction and venue shall be deemed proper in any superior court within the County of Denver County, Colorado.

Terms & Conditions

This website is operated by Wedding Weekender. Throughout the site, the terms “we”, “us” and “our” refer to Wedding Weekender. Wedding Weekender offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the images of our available products that appear at the store. We cannot guarantee that our products do not have cosmetic damages.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see our website.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Wedding Weekender, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Wedding Weekender and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Denver County, Colorado, United States.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@wedding-weekender.com.

Privacy Policy

This Privacy Policy describes how your personal information is collected, used, and shared when you visit, interact with, or make a purchase from weddingweekender.com.

PERSONAL INFORMATION WE COLLECT

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

When you rent our video camcorders, you acknowledge and grant us permission to review video content captured on our devices for quality control purposes. Additionally, you grant Wedding Weekender permission to use select video footage captured with our camcorders for promotional materials, marketing, advertising, social media, paid advertisements, website content purposes, and sharing with our brand partners and affiliates. We assure you that we will never share or use any content that is inappropriate or contains nudity. We respect your privacy and will exercise professional judgment when selecting content for promotional use.

We collect Device Information using the following technologies:

• “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
• “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
• “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, debit card numbers), email address, and phone number. We refer to this information as “Order Information.”

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

• Communicate with you;
• Screen our orders for potential risk or fraud; and
• When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

Video content captured on our camcorders may be reviewed and selected portions may be used for promotional materials, website content, social media, paid advertisements, advertising campaigns, and sharing with our brand partners and affiliates. We will always use such content respectfully and appropriately, excluding any footage containing nudity or inappropriate content.

USE OF ARTIFICIAL INTELLIGENCE TOOLS

We may input, process, or analyze your Personal Information and video/photographic content captured using our Equipment (“Footage”) through artificial intelligence and machine learning tools and services, including tools provided by third-party AI vendors, for our business operations purposes. These purposes include, without limitation: editing and post-production of video content, quality control, fraud and risk screening, customer service, internal analytics and reporting, and improving our products and services. Where we share your Personal Information or Footage with a third-party AI provider for these purposes, we take reasonable steps intended to require that provider to maintain appropriate confidentiality and security protections and to restrict its use of your information to the purposes we authorize. If you are a resident of a jurisdiction that provides you with rights regarding automated processing of personal information, please contact us using the information in the “Contact Us” section below.

SHARING YOUR PERSONAL INFORMATION

We share your Personal Information with third parties to help us use your Personal Information, as described above. We also use Google Analytics to help us understand how our customers use the Site — you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive, or to otherwise protect our rights.

BEHAVIORAL ADVERTISING

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:

• Facebook: https://www.facebook.com/settings/?tab=ads
• Google: https://www.google.com/settings/ads/anonymous
• Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

DO NOT TRACK

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

YOUR RIGHTS

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

DATA RETENTION

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

CHANGES

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

OPT-OUT OF VIDEO CONTENT USAGE

While renting our camcorders grants us permission to potentially use captured content for promotional, marketing, advertising, and brand-partner purposes, you may opt-out of having your video content used for marketing purposes by contacting us in writing before your rental period begins. Please note that opting out will not affect our quality control review process

 or our use of AI tools for the business operations purposes described above.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at info@weddingweekender.com.