TERMS & CONDITIONS
1. Agreement to These Terms
By submitting a reservation, booking photography or videography services, or making any payment to Paradise Productions in connection with a reservation, you acknowledge that you have been provided access to these Terms & Conditions and agree to be bound by them.
These Terms & Conditions apply to all photography sessions, portrait sessions, couples sessions, family sessions, engagements, weddings, elopements, events, videography services, and other services provided by Paradise Productions unless otherwise agreed in writing.
The Terms & Conditions in effect on the date a reservation is made will govern that reservation. Any subsequent changes to these Terms & Conditions will apply prospectively to future reservations only unless otherwise agreed in writing.
These Terms & Conditions constitute the entire agreement between the Client and Paradise Productions regarding the matters addressed herein unless Paradise Productions agrees otherwise in writing.
RESERVATIONS & PAYMENTS
2. Non-Refundable Reservation Retainer
A reservation payment of $250 plus applicable tax is required to reserve a standard photography session date and time.
For weddings, elopements, surprise engagements, events, and certain specialty services, a reservation payment of up to 50% of the package price may be required at the time of booking.
The reservation payment is a non-refundable reservation retainer. It is paid in consideration for Paradise Productions reserving the requested date and time, allocating staff and resources, performing administrative and scheduling work associated with the reservation, and declining other potential bookings for the reserved period.
A reservation is not confirmed until the required reservation retainer has been received.
Except where otherwise expressly stated in these Terms & Conditions or required by applicable law, reservation retainers are non-refundable.
Any remaining package balance and approved additions or upgrades are due according to the payment schedule communicated by Paradise Productions.
CANCELLATIONS, RESCHEDULING & CREDITS
3. Client Cancellations
All cancellation requests must be submitted to Paradise Productions in writing.
A cancellation is considered received only when Paradise Productions receives the written cancellation request.
The reservation retainer remains non-refundable if the Client chooses to cancel a reservation.
For weddings and events, cancellations made fewer than 60 calendar days before the reserved date may remain subject to the payment obligations stated in the Client's booking agreement, invoice, or package terms.
A failure to appear for a scheduled session without prior written notice will be treated as a Client cancellation or no-show.
Paradise Productions strongly recommends that traveling Clients obtain appropriate travel insurance when booking destination photography, weddings, or events.
4. Client Rescheduling
Requests to reschedule must be submitted in writing and are subject to availability.
Paradise Productions will make reasonable efforts to accommodate requested date changes but cannot guarantee that a particular photographer, date, time, location, or service will remain available.
A rescheduled reservation is not confirmed until Paradise Productions provides written confirmation of the new date and any applicable rescheduling fee or payment has been received.
Paradise Productions may charge a reasonable rescheduling fee for late or repeated rescheduling requests.
Unless otherwise agreed in writing, all credits and payments applicable to a rescheduled reservation must be used within 24 months of the originally scheduled service date.
The inability of the Client to return to Kauaʻi, obtain transportation, secure lodging, arrange travel, or otherwise use the credit during the applicable credit period does not convert a non-refundable reservation retainer or service credit into a cash refund.
WEATHER, NATURAL DISASTERS & EVENTS OUTSIDE OUR CONTROL
5. Weather & Safety
Outdoor photography in Hawaiʻi is subject to changing weather, ocean, beach, road, and environmental conditions.
Paradise Productions will make reasonable efforts to perform services as scheduled whenever it is safe and reasonably possible to do so.
However, Paradise Productions reserves the right to postpone, relocate, modify, shorten, or reschedule a session when weather, environmental conditions, ocean conditions, flooding, road conditions, government warnings, location closures, permit restrictions, or other circumstances create unsafe, unlawful, or impracticable conditions.
Safety decisions may take into consideration the Client, children, guests, photographers, videographers, employees, contractors, equipment, and members of the public.
A postponement or rescheduling made for legitimate weather or safety reasons will not be treated as a voluntary cancellation by Paradise Productions.
6. Hurricanes, Natural Disasters & Force Majeure
Paradise Productions will not be responsible or liable for failure, delay, interruption, postponement, or inability to perform services when caused by circumstances beyond its reasonable control.
Such circumstances may include, without limitation:
hurricanes;
tropical storms;
severe weather;
flooding;
tsunami warnings or events;
earthquakes;
wildfires;
natural disasters;
dangerous ocean or beach conditions;
road closures;
government orders or restrictions;
closure or loss of access to photography locations;
utility or communications failures;
transportation interruptions;
public emergencies;
acts of God;
serious illness or communicable disease;
mandatory quarantine or isolation;
unexpected incapacity of essential personnel;
or other events beyond the reasonable control of Paradise Productions.
If such circumstances prevent Paradise Productions from safely or reasonably performing the scheduled services, Paradise Productions may reschedule the affected services.
The Client will not be entitled to a refund of the non-refundable reservation retainer solely because services must be postponed or rescheduled due to such circumstances.
Instead, Paradise Productions will make reasonable efforts to provide the Client with an opportunity to reschedule the affected service for a mutually agreeable date, subject to availability.
Unless otherwise agreed in writing, an eligible credit issued because of such circumstances will remain valid for 24 months from the originally scheduled service date.
7. Illness & Photographer Availability
The health and safety of our Clients, staff, families, and community are important to Paradise Productions.
If a photographer, videographer, employee, contractor, or other essential team member becomes seriously ill or otherwise unable to safely perform services, Paradise Productions will make reasonable efforts to provide a qualified replacement when reasonably possible.
If a suitable replacement cannot reasonably be arranged, Paradise Productions may reschedule the affected service.
A rescheduling required because of serious illness, communicable disease, mandatory isolation, or the unexpected incapacity of essential personnel will be handled in accordance with the rescheduling and credit provisions of these Terms & Conditions.
8. Paradise Productions Cancellation for Reasons Within Our Control
If Paradise Productions elects to permanently cancel a service for reasons within its reasonable control and does not provide a replacement photographer, alternative service, mutually acceptable rescheduled date, or other agreed remedy, Paradise Productions will address payments for the affected unperformed service on a case-by-case basis consistent with the applicable booking agreement and law.
This provision is separate from postponements or rescheduling caused by weather, safety concerns, illness, natural disasters, force majeure, or circumstances beyond Paradise Productions' reasonable control.
SESSION TIMING, LOCATIONS & PERMITS
9. Session Duration & Beach Permits
Session duration may be changed only with Paradise Productions' written approval.
Where applicable, Paradise Productions may obtain a State of Hawaiʻi beach use permit for a specific time period.
Because such permits apply to designated time periods and are governed by applicable State requirements, Paradise Productions is not obligated to perform services outside the time authorized by the applicable permit.
Changes caused by Client lateness may require additional permits, fees, location changes, or shortened photography time.
10. Client Late Arrival
Paradise Productions schedules staff, travel, equipment, and, where applicable, beach permits based on the reserved session time.
Clients should arrive prepared and on time.
If a Client arrives more than 15 minutes after the scheduled start time, additional charges may apply.
Paradise Productions may charge a late fee of $100 for each 30-minute period of Client delay.
If Client lateness requires Paradise Productions to obtain an additional permit, extend staff time, alter locations, or incur other expenses, those additional costs may be charged to the Client.
Client lateness may also result in reduced photography or videography time.
Paradise Productions is not responsible for photographs, video, locations, poses, or other coverage lost because of Client lateness.
11. Locations & Beach Restrictions
Photography locations are subject to availability, weather, permits, government restrictions, property rules, environmental conditions, and public access.
Paradise Productions cannot guarantee exclusive or private access to any public beach or public photography location.
The State of Hawaiʻi restricts certain furniture, structures, amplified music, and other activities on public beaches.
Paradise Productions will not provide or use items prohibited at a location.
Private venues, hotels, gardens, estates, and other private properties may have separate restrictions and may charge site or access fees.
12. Site Fees
Certain venues or photography locations may require entrance fees, photography fees, site fees, parking fees, permit fees, or other charges.
Unless otherwise agreed in writing, these charges are the Client's responsibility.
Site fees and third-party fees paid in connection with a Client's reservation are non-refundable once they have been paid or committed to the applicable third party.
PHOTOGRAPHY & VIDEOGRAPHY SERVICES
13. Photography & Videography Coverage
Paradise Productions' photographers and videographers will provide services during the time period included with the Client's selected package.
Paradise Productions will not be responsible for reduced coverage, fewer images, missed moments, or reduced filming time when caused by Client lateness, guest interference, location restrictions, weather conditions, schedule delays, ceremony delays, or circumstances outside Paradise Productions' reasonable control.
Clients are responsible for identifying or designating someone to identify important individuals, groups, objects, details, or moments they want photographed or recorded.
Paradise Productions is not responsible for failing to photograph or record a specific person, group, object, detail, or moment that was not reasonably identified or made available during the scheduled coverage period.
14. Artistic Style & Image Selection
The Client acknowledges that photography and videography are artistic services.
By booking Paradise Productions, the Client acknowledges familiarity with Paradise Productions' portfolio and grants Paradise Productions reasonable professional and artistic discretion regarding composition, lighting, posing, image selection, editing, cropping, color, and photographic style.
Paradise Productions does not guarantee that every photograph taken during a session will be delivered.
Paradise Productions will select the images that, in its professional judgment, meet its quality and artistic standards.
15. Editing & Color Correction
Paradise Productions will perform its standard professional editing on delivered photographs and videos.
Editing may include reasonable adjustments to exposure, color, contrast, cropping, and other standard corrections consistent with Paradise Productions' style.
Extensive retouching, body modification, object removal, complex compositing, or other specialized edits may require additional fees.
If a technical issue prevents a requested edit from being reasonably completed, Paradise Productions may offer an alternative image when appropriate.
16. RAW Files
Paradise Productions does not normally provide RAW photographs, unedited video footage, project files, or other unfinished source materials.
Any exception must be agreed to in writing and may require additional fees.
RAW or unfinished materials have not received Paradise Productions' normal editing, color correction, quality control, or artistic finishing.
Paradise Productions makes no representation that unfinished materials will match the quality or appearance of final delivered work.
DELIVERY & GALLERIES
17. Delivery
Paradise Productions will make reasonable efforts to deliver final photographs within approximately 60 days after the photography session, wedding, or event unless another delivery schedule has been agreed in writing.
Galleries may be delivered through ShootProof or another digital delivery platform selected by Paradise Productions.
Delivery estimates may be affected by unusually large events, seasonal workload, illness, natural disasters, technical issues, emergencies, or other circumstances outside Paradise Productions' reasonable control.
Paradise Productions will communicate significant delays when reasonably possible.
18. Gallery Selections & Reactivation
When a package requires the Client to select photographs from a gallery, the Client must make selections within the period communicated by Paradise Productions.
Paradise Productions may provide a reasonable grace period.
If the Client does not complete required selections within the applicable period, Paradise Productions may archive or deactivate the gallery.
A Gallery Reactivation Fee of up to $100 may be charged to restore an archived gallery or retrieve previously stored materials.
Clients are encouraged to download and safely back up their completed photographs after delivery.
COPYRIGHT & IMAGE USE
19. Copyright
Paradise Productions retains copyright in photographs and videos it creates except to the extent otherwise required by law or expressly transferred in writing.
Upon full payment, the Client receives a personal-use license to use delivered photographs and videos for personal, non-commercial purposes.
Unless separately agreed in writing, the Client may not sell, commercially license, materially alter, or transfer Paradise Productions' copyrighted work to a third party for commercial use.
20. Paradise Productions' Use of Images
Paradise Productions may select photographs or videos for portfolio, website, social media, advertising, competition, publication, and promotional purposes while making reasonable efforts to respect Client privacy and communicated preferences.
Clients who do not want their photographs or videos used for promotional purposes should notify Paradise Productions in writing.
Paradise Productions will make reasonable efforts to honor such requests.
CLIENT PROPERTY
21. Personal Equipment & Belongings
If a Client asks a Paradise Productions staff member to handle or use Client-owned equipment, including mobile phones, cameras, accessories, or other personal property, the Client does so at the Client's own risk.
Paradise Productions is not responsible for accidental loss or damage arising from such voluntary requests except to the extent liability cannot legally be excluded.
Clients and guests remain responsible for their own belongings during sessions, weddings, and events.
WEDDINGS, EVENTS & LARGE GROUPS
22. Weddings, Events & Large Groups
Weddings, elopements, events, and groups of ten or more may require additional preparation, staffing, photography time, permits, coordination, or package minimums.
Paradise Productions may require such bookings to select an appropriate package based on group size and service requirements.
Package-specific requirements provided at booking will form part of the Client's reservation agreement.
23. Wedding & Event Changes
Wedding and event package changes should be requested as early as possible.
Package reductions may not be available within 30 days of a wedding or event when Paradise Productions has already committed staff, vendors, equipment, products, flowers, transportation, musicians, coordinators, videographers, or other resources.
Certain third-party items and add-ons may become non-refundable once ordered or committed.
Additions may remain available subject to availability and additional payment.
BILLING QUESTIONS & DISPUTES
24. Billing & Service Concerns
If the Client believes a billing error has occurred or has a concern regarding services, the Client is encouraged to contact Paradise Productions promptly and provide a reasonable opportunity to investigate and resolve the concern directly.
Nothing in this provision is intended to eliminate any right that cannot lawfully be waived.
25. Governing Law
These Terms & Conditions are governed by the laws of the State of Hawaiʻi without regard to conflict-of-law principles.
26. Dispute Resolution
Except where prohibited by applicable law, disputes arising out of or relating to these Terms & Conditions or services provided by Paradise Productions may be submitted to binding arbitration before JAMS.
Any arbitration will be conducted pursuant to the applicable JAMS rules and procedures in effect when the arbitration is initiated and, unless otherwise agreed, will take place in Līhuʻe, Kauaʻi, Hawaiʻi.
The allocation of arbitration fees, costs, attorney's fees, and other expenses will be determined according to the applicable agreement, arbitration rules, and law.
Nothing in this section is intended to eliminate any right or remedy that cannot legally be waived.
GENERAL PROVISIONS
27. Written Communications
Where these Terms & Conditions require written notice, notice may be provided by email or another written electronic communication method regularly used between the Client and Paradise Productions.
Clients are responsible for providing accurate contact information and monitoring communications related to their reservation.
28. Severability
If any provision of these Terms & Conditions is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.
29. No Waiver
A decision by Paradise Productions not to enforce a provision of these Terms & Conditions on one occasion does not waive Paradise Productions' right to enforce that provision in the future.
30. Entire Agreement
These Terms & Conditions, together with the Client's booking confirmation, invoice, selected package, and any written amendments agreed to by Paradise Productions, constitute the agreement between the Client and Paradise Productions regarding the booked services.
Any modification to a confirmed reservation should be made in writing.
31. Electronic Acceptance
The Client acknowledges that reservations and payments may be completed electronically.
Where Paradise Productions provides an electronic checkbox or other acceptance mechanism, selecting that option constitutes the Client's acknowledgment that they have reviewed and agree to these Terms & Conditions.
The Client is encouraged to save a copy of these Terms & Conditions and the booking confirmation for their records.
Paradise Productions Llc
Kauaʻi, Hawaiʻi
Questions regarding these Terms & Conditions may be directed to Paradise Productions using the contact information provided on our website.