Terms & Conditions

Wholly Spirited LLC

Introduction

By booking services with Wholly Spirited LLC (“Company”), accessing this website, or engaging Company for photography, videography, editing, content creation, or media production services, you (“Client” or “Clients”) agree to these Terms & Conditions.

These Terms & Conditions outline Company’s general policies and expectations. Specific project details, deliverables, pricing, schedules, and additional requirements will be outlined in the applicable service agreement, proposal, invoice, or contract.

Services

Wholly Spirited LLC provides photography, videography, video editing, content creation, and related media production services. The scope of each project will be established in writing before services begin.

Coverage may include highlights, selected clips, full-length recordings, photographs, or other agreed-upon deliverables. Unless specifically agreed upon in writing, Company does not guarantee the capture of every moment, person, angle, or activity.

Booking & Payments

A signed agreement and/or retainer may be required to secure a project date. Payment schedules, installment plans, retainers, and final balances will be specified within the applicable project agreement.

Late payments may be subject to additional fees as outlined in the applicable agreement. Company reserves the right to withhold footage, photographs, downloadable files, and final deliverables until all outstanding balances have been paid in full.

Additional services, extended coverage, revisions, or requests outside the original scope of work may incur additional fees. Any additional charges will be communicated to the Client and, where applicable, agreed upon in writing.

Scheduling & Coverage

Company will make reasonable efforts to provide coverage as agreed upon with the Client. Coverage may be affected by venue restrictions, weather conditions, event timelines, guest interference, vendor obstruction, access limitations, or other circumstances beyond Company's reasonable control.

Company reserves the right to determine appropriate production methods, equipment placement, camera positioning, staffing, and other creative and technical approaches necessary to complete the agreed-upon services.

Clients are responsible for communicating important schedules, requested moments, location details, timeline changes, and other relevant information before the production date.

Additional coverage time requested by the Client may be subject to additional fees as specified in the applicable agreement.

Creative Discretion

Photography, videography, editing, color grading, music selection, sequencing, shot selection, and overall creative direction remain under the professional discretion of Company.

Unless otherwise specified in writing, Company retains artistic control over the creation and delivery of all final products. Clients are encouraged to provide shot lists, must-have moments, creative references, and specific requests before production begins.

Company will make reasonable efforts to accommodate agreed-upon requests but cannot guarantee every requested shot or creative outcome. Differences in personal taste, artistic preference, or editing style do not automatically constitute grounds for a refund.

Audio, Video & Environmental Conditions

Company will make a reasonable, good-faith effort to capture high-quality audio and video. However, Company cannot guarantee perfect recording conditions.

Background noise, lighting limitations, weather, venue acoustics, guest activity, vendor interference, equipment restrictions, timeline delays, and other environmental or situational factors may affect the final deliverables.

All media is captured under real-world production conditions. Company is not responsible for background noise, visual obstructions, missed angles, or compromised footage resulting from circumstances beyond its reasonable control.

Footage reflects events as they occur. Unless separately agreed upon in writing, Company does not provide reshoots, restaging, or digital alterations intended to change a subject's real-time appearance, actions, or expressions.

Deliverables & Revisions

Delivery timelines vary by project and will be communicated in writing through the applicable agreement or project documentation.

Revision requests may be subject to additional fees. Company reserves the right to determine whether requested changes constitute minor revisions, major revisions, or additional work outside the original scope of the project.

Requests for complete re-edits, substantial restructuring, or recreation of previously delivered projects may require a separate agreement and additional fees. Certain changes, including music changes after an edit has been completed, may not be available.

Where an approval process applies, Clients are responsible for reviewing deliverables and providing feedback within the deadlines specified in the applicable agreement. If a Client does not respond within the stated review period, the deliverable may be considered accepted as final, as specified in that agreement.

Client Responsibilities

Clients are responsible for:

• Providing accurate project information, schedules, and relevant updates.
• Obtaining any required venue permissions, permits, licenses, releases, or approvals.
• Ensuring reasonable access to production locations and subjects.
• Informing Company of venue restrictions and relevant requirements involving other vendors.
• Making payments and providing approvals by the deadlines specified in the applicable agreement.

For events where meals are included as part of the agreed arrangements, meal timing and any applicable dietary accommodations should be communicated and confirmed in advance. For wedding coverage, Company has a severe seafood allergy and must be provided with a vegetarian meal option whenever seafood is being served. The vegetarian meal must not contain seafood or seafood-based ingredients. Clients are responsible for communicating this requirement to the appropriate venue, caterer, or food service provider in advance.

Equipment & Liability

Company maintains professional equipment and exercises reasonable care in its operation, placement, and management.

Clients, guests, and other third parties must not handle, move, or interfere with Company’s equipment without permission. Clients may be held responsible, to the extent permitted by law, for equipment loss or damage caused by the Client, the Client's guests, or vendors acting under the Client's direction.

Company is not responsible for delays, interruptions, missed coverage, or reduced quality caused by circumstances beyond its reasonable control, including weather, venue restrictions, guest or vendor interference, emergencies, or other unforeseen conditions.

In the event of equipment failure, media corruption, lost footage, or other unforeseen technical issues, Company will make reasonable efforts to recover or preserve available materials. Any applicable refund or remedy will be determined in accordance with the applicable agreement and law. To the extent permitted by law, Company's liability will be limited as described under “Limitation of Liability.”

Vendor Relations & Collaboration

Company operates as an independent contractor and is not responsible for the actions, services, products, or performance of third-party vendors, venues, contractors, or service providers.

Company will make reasonable efforts to work professionally and cooperatively with photographers, videographers, venue staff, and other vendors. Company may need to move throughout a location to capture contracted coverage and will make reasonable efforts to remain unobtrusive.

When multiple vendors require access to the same subjects, locations, or moments, reasonable coordination and shared access may be necessary. No vendor is guaranteed exclusive access to a subject unless agreed upon in writing in advance.

Clients are encouraged to communicate relevant vendor expectations and timeline requirements before the event. Company is not responsible for missed footage, reduced coverage, or an inability to perform contracted services resulting from intentional obstruction, repeated interference, or denial of reasonable access by another vendor, guest, or third party.

Harassment, Abuse, Non-Cooperation & Right to Terminate Services

Wholly Spirited LLC is committed to providing services in a safe, professional, and respectful environment. Company reserves the right to suspend or terminate services and leave the event or location if Company experiences harassment, intimidation, threats, discrimination, physical aggression, inappropriate conduct, or behavior that Company reasonably believes creates an unsafe, hostile, or otherwise unacceptable working environment.

Such conduct may include verbal abuse, threatening or aggressive behavior, unwanted physical contact, sexual harassment, discriminatory or derogatory remarks, repeated interference with Company’s equipment or work, intentional damage to Company property, or repeated non-cooperation that prevents Company from reasonably performing its duties.

Company is not required to tolerate abusive, threatening, or unsafe behavior to complete contracted services. If Company reasonably determines that it must leave or terminate services under these circumstances, the services may be considered completed to the extent reasonably performed. Any refund or other remedy will be determined in accordance with the applicable agreement and law.

If the conduct is caused by a guest, vendor, venue representative, or other third party, Clients agree to make reasonable efforts to address the situation upon Company's request. Clients remain responsible for the conduct of event participants to the extent permitted by law.

If there is an immediate threat to Company’s safety or the safety of others, Company may leave the premises immediately and contact venue security, law enforcement, or emergency services as appropriate.

Cancellation & Rescheduling

Cancellation and rescheduling policies vary by project and will be outlined within the applicable service agreement.

Retainers are generally non-refundable unless otherwise stated in writing. Rescheduled dates are subject to Company's availability. If Company is unavailable for a requested new date, any refund or other financial obligation will be determined by the applicable agreement.

Cancellation fees, retainer terms, and payment obligations may vary depending on the project and the timing of cancellation. Clients are responsible for reviewing and agreeing to these terms before booking.

Backup Personnel

If Company becomes unable to attend or perform services due to illness, emergency, or other unforeseen circumstances, Company may make reasonable efforts to arrange a qualified substitute of comparable skill when appropriate.

If a suitable substitute cannot be secured, any refund or other remedy will be determined in accordance with the applicable agreement and law.

Copyright & Intellectual Property

Unless otherwise agreed in writing, all photographs, videos, raw footage, edited footage, graphics, and other media created by Company remain the intellectual property and copyrighted work of Wholly Spirited LLC.

Upon full payment, Clients receive a license to use delivered media as specified in their project agreement. Unless otherwise agreed in writing, this license is for personal, non-commercial use and does not transfer copyright ownership.

Raw files, project files, unedited footage, and other unedited media are not included unless specifically contracted and paid for separately. Any release or licensing of such materials must be approved in writing by Company and may incur additional fees.

Clients may not sell, commercially exploit, substantially modify, redistribute, or otherwise use project materials beyond the rights granted in their agreement without Company's prior written consent.

Delivery Methods, Credit & Watermarks

Deliverables will be provided using the delivery method specified in the applicable agreement. Depending on the project, this may include YouTube, cloud storage, file-transfer services, or other agreed-upon platforms.

Downloadable videos or other files may include a visible Wholly Spirited LLC watermark or logo. Clients and third parties may not remove, alter, or obscure the watermark without Company's prior written permission.

Clients agree to credit and tag Wholly Spirited LLC when publicly sharing or posting delivered work on social media, websites, or other public platforms, where reasonably possible and appropriate for the platform. Credit may include wording such as “Video by Wholly Spirited LLC” and Company's designated social media handle.

Clients are encouraged to communicate these attribution requirements to family members, friends, vendors, or other third parties who receive or share project materials.

File Retention

As a courtesy, Wholly Spirited LLC will store project files, including raw footage and photographs where applicable, for up to one (1) year following final delivery.

Company will make reasonable efforts to maintain backups during this period, but long-term storage and permanent availability are not guaranteed. Clients are strongly encouraged to download and back up all delivered files upon receipt.

After one (1) year, Company reserves the right to permanently delete project files without notice. Recovery or re-delivery of deleted files is not guaranteed.

Portfolio & Promotional Use

Company reserves the right to display completed work and selected deliverables for portfolio, educational, marketing, advertising, social media, website, and promotional purposes unless otherwise agreed in writing.

Clients who have privacy concerns or restrictions on public use should communicate them to Company in writing before the event or production begins. Any agreed restrictions should be documented in the applicable service agreement.

Force Majeure

Company shall not be liable for delays or inability to perform services to the extent caused by circumstances beyond its reasonable control, including illness, accidents, emergencies, natural disasters, severe weather, government restrictions, venue closures, transportation disruptions, or similar unforeseen events.

In such circumstances, Company and Client will make reasonable efforts to determine an appropriate solution, which may include rescheduling services or providing a refund as specified in the applicable agreement and law.

Limitation of Liability

To the fullest extent permitted by law, Company's total liability arising from a claim related to its services shall not exceed the total amount paid by Client for the specific project giving rise to the claim.

Company shall not be liable for indirect, incidental, special, or consequential damages to the extent permitted by law. Any limitation of liability is subject to applicable law and does not exclude liability that cannot legally be excluded or limited.

Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to conflict of law principles, except where applicable law requires otherwise.

Individual Service Agreements

These Terms & Conditions describe Company's general policies. Each project may also be subject to a separate written service agreement, proposal, or contract specifying the services, coverage, deliverables, pricing, payment terms, and other project-specific conditions.

If a provision in these general Terms & Conditions conflicts with a provision in a signed individual service agreement, the signed agreement will control for that project to the extent of the conflict, unless otherwise expressly agreed in writing or required by law.

Any changes to an individual service agreement must be documented in writing and accepted by both parties.

Contact Information

Wholly Spirited LLC

Email: whollyspirited@gmail.com

Website: www.whollyspirited.com

If you have any questions about these Terms & Conditions, please contact Wholly Spirited LLC prior to booking your session or project.

Last updated: October 22, 2026