Terms of Purchase

We are honored that you've chosen Studio Blue to provide your wedding photography services! Our singular focus is that you love your photography.
These Terms of Purchase (the “Terms”) set forth the terms and conditions under which you the customer (“you,” or “Customer”) agree to receive and purchase the wedding photography and related services, which include the sale of products, provided by Bella Pictures, Inc., the provider of the Studio Blue service (“Bella,” “us” or “we”) (and such provision of services and products, the “Services”).
YOU MUST BE EIGHTEEN (18) YEARS OF AGE, OR THE LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN EIGHTEEN (18) YEARS, TO ORDER AND PURCHASE SERVICES AND PRODUCTS FROM BELLA AND TO AGREE TO THESE TERMS. IF YOU ARE UNDER SUCH AGE, DO NOT ORDER SERVICES AND PRODUCTS FROM BELLA.
THESE TERMS ARE INTENDED TO BE BETWEEN BELLA AND THE BRIDE AND/OR GROOM OF THE WEDDING TO WHICH THE SERVICES APPLY. IF YOU ARE NOT THE BRIDE OR GROOM AND YOU WOULD LIKE TO PURCHASE THE SERVICES FROM BELLA, PLEASE CONTACT BELLA DIRECTLY AT www.studioblue.com/contact OR 1-888-556-7510. THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AND OURS.

1. ACCEPTANCE OF TERMS; ELIGIBILITY

These Terms are effective when you accept them. Your acceptance of the Terms occurs upon your electronic acceptance during the submission of your order for Services on the Bella website (the “Site”). By accepting these Terms, you are legally bound by the terms and conditions set forth below, the terms set forth on the order form for Services on this Site, as well as the Privacy Policy and Terms of Service posted on this Site at the time you place your order for Services, all of which are hereby incorporated by reference to become part of these Terms. If you do not agree to these Terms, do not order the Services or purchase any products from Bella. Please retain a copy of the Terms for your records.
You represent and warrant that you are at least eighteen (18) years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than eighteen (18) years, and eligible to purchase products and services from Bella on the Site and agree to enter into these Terms with Bella.

2. REGISTRATION; INFORMATION

You agree to complete the registration process according to the requirements stated on our Site and to provide us with accurate, complete and updated information as required for such registration process, including, but not limited to, your legal name, billing and delivery address, email address and appropriate telephone contact numbers. You must provide Bella with an accurate and complete credit card number and expiration date at the time you place your order for Services. Use of any information provided by you, including personally identifiable information and credit card information, is governed by our Privacy Policy and Terms of Use, as posted on this Site at the time you place your order for Services.

3. OFFER AND ACCEPTANCE; FEES AND PAYMENT

By submitting a completed order on this Site, you offer to purchase, pursuant to these Terms, the Services you select and submit to us for purchase. Bella may accept your offer by sending you an electronic confirmation to either the fax number or e-mail address provided by you that your order has been received and accepted. It shall be in Bella’s sole and absolute discretion to accept or reject your offer.
If Bella accepts your offer, we will charge to the credit card number you provide us the total purchase price (inclusive of any applicable sales taxes) quoted to you at the time of the order. 
 
The fees quoted to you when you place an order on this Site are based on the price for the Service package you order. All additions and modifications that you request to the Services ordered on this Site may be subject to additional charges at Bella’s then-current rates, and any products ordered by you that are not included in the Service package purchased by you on the Site shall be subject to additional charges as well. Such additional charges (and any applicable sales taxes) may be charged upon their incurrence to the credit card number you have provided us in connection with your initial order for Services on this Site. Please note that the prices quoted for the Services do not include shipping charges, and that shipping charges may apply to your order of products from Bella.
You hereby authorize Bella to charge the payment for any Services or goods ordered hereunder to the credit card that you submit to us as part of your order submission, and to collect such payment from your bank. You agree to make payment to Bella if Bella cannot collect charges from you for any reason. It is your responsibility to promptly notify your bank of any changes to your billing information or the loss, theft, or unauthorized use of your credit card number. You are responsible for updating your registration information and your credit card information with us, as necessary. If you become aware of any unpaid sales taxes or other amounts with respect to any purchases, you must expeditiously report this to Bella and you must timely pay such taxes or amounts.
Bella reserves the right to withhold the provision or delivery of any and all services or products ordered by you until we receive payment in full from you.

4. REFUNDS; CANCELLATIONS AND MODIFICATIONS

For orders that take place more than sixty (60) days before the wedding date, the total purchase price is refundable up to fourteen (14) days from the date you submit your order on our Site. Orders made sixty (60) or fewer days from the wedding date are non-refundable, regardless of any order cancellation by you.  All other payments for the Services are non-refundable, regardless of any order cancellation by you or any attempt to reschedule the Services. We reserve the right to cancel your order, which may include not providing photography services at your wedding, if any payment hereunder is delinquent.
 
You have the right to request a reschedule of your purchased Services due to a change in wedding date. If you request a reschedule, we will use commercially reasonable efforts to accommodate your request, provided that the new date and time does not conflict with our schedule. If we are unable to provide coverage at the new date and time, we will cancel your order without refund of any fees paid hereunder, unless the order is canceled within thirty (30) days from the date you submitted your initial on-line order form. In the event that we agree to a rescheduled wedding date for the Services, the prices quoted to you at the time of your order on our Site may be modified by Bella to our then-current market rate and/or Bella reserves the right to recoup from you any non-refundable and non-transferable fees already paid to Bella photographers in anticipation of the previous wedding date requested by you. Reductions in contracted hours may result in reassignment of your photographer without your approval.  You will be ineligible to request a change in your assigned photographer under any of the following conditions: i) your wedding is booked less than 4 months from the wedding day, or ii) your Wedding Planner is not completed less than 45 days from your wedding day. A link to your on-line Wedding Planner will be emailed to you within 14 days of booking your date and contains critical information regarding the start time and exact locations for all venues selected to be included in your wedding day coverage. Bella Pictures reserves the right to terminate this contract in the event you do not respond to requests to complete the Wedding Planner. Bella Pictures may terminate this agreement for convenience by giving you notice of termination at least ninety (90) days prior to your wedding date.  Upon such termination, Bella Pictures shall pay to you a full refund of any amounts previously paid by you to Bella Pictures under this agreement.  In the event of such termination, you agree that Bella Pictures shall not be liable for any indirect, incidental, special or consequential damages of any kind, and that the total liability of Bella Pictures shall be limited to such full refund amount.

With the purchase of an Engagement, Bridal, or Portrait Session, you will receive the best images that your photographer selects from your one hour shoot. These images will be delivered to you online and be available for download via high resolution digital download at your Bella online wedding website. Engagement, bridal or portrait sessions will take place at one location only. Cancellation or rescheduling of an engagement, bridal, or portrait session within 14 days of the scheduled date will incur a fee of 100% of the associated engagement session fee listed on our website. All engagement, bridal, and portrait sessions must be scheduled 30 days before the desired date and include an alternative site to accommodate inclement weather. Weather does not constitute a valid reason for cancellation of the engagement session. Late arrival to your engagement, bridal, or portrait session will reduce the total time for the session, with no reduction in the session fee.

5. RIGHTS TO IMAGES

Bella and/or your assigned photographer own the photographic images produced in connection with the Services provided, including all copyrights in such images. Bella grants you the right to use these images solely for your personal use and any purpose usually and customarily associated with non-commercial engagement or marriage announcements, including announcements within third party publications. You do not have the right to use these images for profit or in any commercial, advertising, or third party publication.
YOU HEREBY GRANT BELLA PERMISSION TO USE, COPY, PUBLICLY DISPLAY OR OTHERWISE REPRODUCE THE PHOTOGRAPHS BELLA TAKES AT YOUR WEDDING AS WELL AS YOUR NAME OR ANY SHORTENING, ABBREVIATION OR ALTERNATIVE RENDERING OF YOUR NAME AND ANY AND ALL RENDERINGS OF YOUR IMAGE OR LIKENESS INCLUDED IN THE PHOTOGRAPHS FOR LIMITED MARKETING PURPOSES IN ANY AND ALL FORMS OF MEDIA IN PERPETUITY. THE FOREGOING RIGHT SHALL BE FULLY TRANSFERABLE AND MAY BE SUBLICENSED TO MARKETING OR BUSINESS PARTNERS OF BELLA. In the event you do not wish to grant to Bella the foregoing rights, you may opt out of this license grant by notifying Bella’s customer service representatives of this decision at www.studioblue.com/contact or 1-888-556-7510.

6. AUTHORIZATIONS; HOURS AND MEALS

You are responsible for obtaining any and all permits, licenses, consents, authorizations and approvals needed for Bella to photograph you and those attending or involved or participating in your wedding, for Bella to use any resulting photography in connection with our usage rights set forth in Section 5 above (“Rights to Images”), and for Bella to photograph at any location requested by you in connection with your wedding. The filmmaker and/or photographer are not responsible for lighting restrictions imposed at any of the venues chosen for your event, whether known or unknown by you prior to your wedding day. They will make every professional effort to maximize the quality of image given the environment in any location that you have chosen, but Bella is not liable for circumstances outside of its control. You agree to indemnify and hold Bella and its contractors harmless against any and all claims, actions or proceedings arising out of your failure to obtain any such permits, licenses, consents, authorizations or approvals.
Bella requires you to provide each photographer with a meal on your wedding date (the value of which need not exceed $30) and one fifteen (15) minute break for services exceeding six (6) hours. In the event that you request photography or videography time over the number of hours purchased and/or the length of the wedding event exceeds the number of hours purchased, Bella will make reasonable efforts to accommodate any request by you for additional photography or videography time. Additional photography or videography time will be billed at Bella’s current hourly rate for your wedding location. You will also be responsible for any incremental out-of- pocket expenses that Bella incurs in accommodating such request. If the event lasts past 11:00 p.m., and you authorize the photographer(s) or videographer (s) to continue taking photographs past such time, and this was not approved by us in advance and in writing, you will be responsible for the reasonable expenses incurred by Bella in providing hotel accommodations for such photographer(s) or videographer(s).
Bella Pictures reserves the right to assess additional mileage fees, per photographer, if and when the final shooting locations are determined by the client, and exceed 50 miles on the date the services are performed. Fees will be determined according to the then current reimbursement rate, not to exceed the most recently published IRS guidelines. Fees for travel in excess of 50 miles, will be added to the contract and are subject to the same payment terms and conditions

7. PRODUCT DELIVERY; SELECTION AND EDITING

Your order of any package of photography services hereunder includes the purchase of original and printable photographic images taken by Bella in connection with the photography services provided for you at your wedding, and the resulting digital negatives will be made available to you via high resolution digital download or DVD-R media approximately thirty (30) days after the wedding date. In addition, within approximately thirty (30) days after your wedding date, and for a period of six (6) months thereafter, Bella will provide you with the ability to view online, request edits regarding and purchase such photographic images. Such editing may be subject to additional charges depending on the complexity of your request. You will receive a subset of images selected at the discretion of Bella’s professional editors on digital negatives or via high resolution digital download. This selection will reflect the best in artistic and technical merit that also tell the story of your wedding day and will be print ready. The entire body of work produced, including outtakes, can be made available for purchase separately at an additional cost. With the purchase of a wedding album, on the later of thirty (30) days after your wedding date or the date you placed an order for an album, Bella shall provide you with the opportunity to select the exact images to be included in your album. Bella will provide you with an album proof, for the sole purpose of verifying accurate image selection, as part of this service agreement. Any revision requests thereafter will incur a charge of $100 or more, depending on the complexity of the changes being requested. In the event you have not provided Bella with your album image selection within twelve (12) months after your wedding date, Bella reserves the right to select images of its own choosing, complete production and ship your album to you without your input. Bella intends to capture all important and anticipated images and scenes on your wedding day but makes no guarantees as to the capture of any specific image or scene.
Bella intends to capture all important and anticipated images and scenes on your wedding day but makes no guarantees as to the capture of any specific image or scene.

8. WARRANTIES

Bella warrants that all photographs and photo albums you purchase from us shall be free from material defects in materials or workmanship during the lifetime of the original purchaser, excluding normal wear and tear, cosmetic aging, and damage caused by mishandling or improper storage (provided that Bella is not responsible for such mishandling or improper storage). In the event you order additional products from Bella not currently contemplated hereunder, such products may come with their own warranties. EXCEPT AS SET FORTH IN THE FOREGOING PARAGRAPH, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND GOODS, INCLUDING PHOTOGRAPHS, PROVIDED TO YOU BY BELLA ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND AND BELLA HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS DISCLAIMER OF WARRANTIES IS A FUNDAMENTAL PART OF THESE TERMS AND THAT BELLA WOULD NOT AGREE TO ENTER INTO THESE TERMS WITHOUT SUCH DISCLAIMERS. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

IN NO EVENT SHALL BELLA OR ANY OF ITS PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. IN THE EVENT THAT ANY LIABILITY IS IMPOSED ON BELLA OR ANY OF ITS PARTNERS OR THIRD PARTY SERVICE PROVIDERS FOR ANY REASON WHATSOEVER HEREUNDER, THE AGGREGATE AMOUNTS PAYABLE BY BELLA OR ITS PARTNERS OR THIRD PARTY SERVICE PROVIDERS TO YOU BY REASON THEREOF SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE SERVICES. YOU ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT BETWEEN BELLA AND YOU AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

10. MISCELLANEOUS

Bella may update and amend these Terms, with or without notice to you, in Bella’s sole discretion and at any time. Any amendments by us will be effective only as to orders you place after the amended Terms are placed on this Site.
Bella shall not be liable or otherwise responsible for any failure or delay in providing its services to you due to any events beyond the reasonable control of Bella including, but not limited to, acts of God or elements of nature (including fire, flood, earthquake, storm, hurricane, or other casualty), war, civil commotion, labor disputes, strikes, governmental regulation or restriction, and weather conditions.
These Terms shall be governed by and interpreted in accordance with the laws of the State of California, USA, without regard to conflict of law provisions. You agree to a jurisdiction and venue for any dispute hereunder solely in San Francisco County, California, USA.
You may not assign these Terms or any of your rights or duties under them. We may assign all or part of these Terms or your debts to us to any third party without notice, and you agree to make all subsequent payments as instructed. Any assignment by you of these Terms or your rights or duties under them shall be null and void. NOTICES ARE CONSIDERED DELIVERED WHEN WE SEND THEM BY EMAIL OR FAX TO ANY EMAIL OR FAX NUMBER YOU'VE PROVIDED TO US, OR THREE (3) DAYS AFTER MAILING TO THE MOST CURRENT BILLING ADDRESS WE HAVE ON FILE FOR YOU, IF BY US, OR TO THE CUSTOMER SERVICE ADDRESS ON OUR SITE, IF BY YOU. In the event any provision of these Terms is held by a proper authority to be prohibited by law or unenforceable, such provision shall be amended and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions hereunder will continue in full force and effect. Waiver of any breach or failure to enforce any term of the Terms will not be deemed a waiver of any subsequent breach or right to enforce which may thereafter occur. These Terms contain the final, complete, and exclusive agreement of the parties relative to the subject matter hereof and supersede all prior and contemporaneous understandings and agreements relating to their subject matter. You may not rely on any other documents or statements relating to the subject matter hereof by any sales or service representatives, and you have no rights with respect to the Services or these Terms, except as specifically provided in these Terms and by law. These Terms are not for the benefit of any third party except our parents, affiliates, subsidiaries, agents, predecessors and successors in interest.