Terms & Conditions
Terms Of Service
By submitting your reservation, you agree to be bound by the provisions of these Terms of Service. Paradise Productions reserves the right to make changes to these Terms of Service without notice; any such changes will apply prospectively only. Unless Paradise Productions agrees otherwise in writing, these Terms of Service constitute the entire agreement between you and Paradise Productions concerning the subject matter covered here.
Deposits And Service Payments
You are authorizing Paradise Productions to charge your reservation deposit of $250 (plus tax) to book your photo session and or 50% in advance for wedding photography. This deposit is non-refundable.
You shall also pay the entire amount owed for the package you request and in any subsequent communications with Paradise Productions including, but not limited to, add-ons to a package, minus the Deposit, once your gallery is delivered.
Duration And Permits
The duration may be subsequently changed with Paradise Productions written approval. You understand that any applicable beach use permit that we obtain for your session is issued for a specific 2 hour time frame, which cannot be exceeded under Hawaii State law. Therefore, Paradise Productions is not obligated to perform any services for you outside the time frame indicated on such beach use permit.
Standard Late Fees
Paradise Productions has scheduled staff and obtained a beach use permit for your event for a specific one or two hour time period, depending on your chosen package. Should you arrive more than 15 minutes late for your event, a late fee will apply. A late fee of $100 will be charged for every 30 minutes you are late from your originally booked event starting time. We may also be required to obtain a second beach use permit at your cost if we can not provide the services within the time frame of the originally purchased beach use permit we have secured for your event.
Delivery Expectations
Paradise Productions will deliver the final photos to the Client within 60 days after the event or session. The photos will be delivered via Shootproof. The Client will receive all professionally edited pictures and select their package.
Gallery Reactivations
Paradise Productions reserves the right to a $100 Gallery Reactivation Fee if the Client does not deliver their selections of the gallery within the 2 weeks time. We will allow (1) weeks as a grace period, but if the Client doesn’t fulfill their selection by the given week, they will be subject to the Reactivation Fee.
Large Groups & Special Sessions
For weddings, elopements, and larger groups of ten or more, we do add a little extra time and start our packages at the Hibiscus Collection.
Photography/Videography
If you have paid for photography or videography, Paradise Productions’ photographers and/or videographer will only be available at the wedding or event location to take pictures from the wedding or event ceremony’s reserved start time until a maximum of 90 minutes after the wedding or event ceremonies reserved end time. Paradise Productions will not be liable for failing to take the agreed number of pictures, or filming time, if the failure is caused by the bride’s or groom’s / (Clients) late arrival, or any other reason outside of Paradise Productions’ control.
You are responsible for identifying (or making someone available to identify) people/objects that you would like photographed or videotaped at your wedding or event. Paradise Productions will not be responsible for not photographing or videotaping desired people/objects if you do not assist (or make someone available to assist) with identifying or gathering people/objects for the photographs or video.
Unless Paradise Productions agrees otherwise in writing before the wedding or event, Paradise Productions’ photographer will take pictures in high-resolution JPG format using Paradise Productions’ standard photographic equipment. Unless Paradise Productions agrees otherwise in writing before the wedding or event, Paradise Productions’ videographer will take videos in HD digital format using Paradise Productions’ standard videography equipment. Copyright laws protect the photographs, videos, digital negatives or prints produced by Paradise Productions (the Photos/Videos). Once you have paid the Package Price in full, Paradise Productions will give you a shared copyright ownership of the Photos/Videos under the following conditions:
(i) your use of the Photos/Videos will be limited to only your personal use, and (ii) you may not assign, sell or otherwise transfer your shared copyright ownership in the Photos/Videos. Paradise Productions reserves the right to use the Photos/Videos for its own advertising purposes; if you would rather we not do so, please let us know.
If applicable, based on the wedding or event package or add-ons you paid for, Paradise Productions will perform color correction on certain photographs. This service is limited to any of the following: lightening, darkening or minor color correcting. You agree that if a technical issue prevents Paradise Productions from color correcting an image you chose for that service, then Paradise Productions will not be obligated to perform such service; instead, you may select an alternative image for such service.
Paradise Productions does not supply RAW footage of still images or video clips. Should there be a justified reason that a client must have RAW footage Paradise Productions offers no guarantees of any kind because there has been no retouching or color correcting of those items and use of this footage/imagery is at your own risk. Paradise Productions strongly recommends the use of final edited images and videos. Additional fees for the recalling of raw or edited files and uploading them to drop box or Shootproof for you to download will apply.
Drone videography is dependent on good weather conditions as the drone can not fly in high winds or rain. Should you have booked drone video with us (or it's part of your wedding or event package) and we are unable to fly the drone, we will offer to Reschedule to a later date or location where weather conditions are more favorable. Should you not want to reschedule the drone and rather Cancel, then we will refund half of the package price back to your credit card, to cover the cost of our drone pilot who was at your event and willing to fly, but was unable due to circumstances out of his control.
Paradise Productions reserves the right to select photos & videos for social media use while respecting the client's preferences and privacy. We will prioritize images that showcase our photography skills and expertise, while also considering the clients' comfort and preferences.
Disclaimer: Should you ask our staff to use your own equipment, any equipment (like a mobile phone, or your own camera to take of few pictures of you at the beach) or any other personal belongings of you or your guests, you do so at your own risk, and Paradise Productions does not assume any responsibility for lost or damaged equipment. You hereby release Paradise Productions and its staff from any and all liability resulting from you having asked a staff member for a favor which resulted in equipment damage to your personal property.
Wedding / Event Cancellations
You may cancel your wedding or event only by written notice to paradiseprophoto@gmail.com. If you send a Cancellation Notice 60 or more calendar days before your reserved wedding or event date, then you will not be responsible to pay the Package Price, subject to the terms provided in the rest of the agreement concerning cancellations. If you send a Cancellation Notice fewer than 60 calendar days before your reserved wedding or event date, then you will still be responsible to pay the Package Price, which will become due immediately. No-shows on the date of the reserved wedding or event date are treated under the same terms as cancellations. Consider your event cancelled only when you receive a Cancellation Notice Confirmation or formal cancelation email from Paradise Productions. We strongly recommend you purchase Travel Insurance to cover any cancellation costs you may incur.
Paradise Productions will make a reasonable effort to avoid cancelling a wedding or event due to inclement weather, acts of God, government shutdown, or any other reason outside it's control; but if it's efforts fails, Paradise Productions will not bear any liability for its resulting cancellation of the wedding or event; and you will not be entitled to a refund. Instead, you will be entitled to rescheduling your wedding or event for a date that is mutually agreeable to you and Paradise Productions and that is within 12 months of the originally reserved date.
Wedding / Event Credit
Other than Deposits and Rescheduling Fees, any payments you make toward the Package Price that you cancel or reschedule, are non-refundable and will be credited toward a new booking by you for a wedding or event to occur at a date that is mutually agreeable to you and Paradise Productions and that is within 2 years of the originally reserved date.
SPECIAL COVID-19 DISCLAIMER-1: Because of COVID-19 we are currently not strictly following our 60 day cancellation policy. Should the customer find it necessary within 60 days leading up to their wedding or event to cancel the event because of government restrictions making it impossible to enter the State of Hawaii, we won’t enforce our 60 day cancellation policy, however the customer is not entitled to a refund of any kind. Instead of a refund the customer is entitled to rescheduling their wedding or event, and a voucher in the amount of the initial investment will be issued to the customer. This voucher will expire 24 months from the originally scheduled wedding or event date.
Rescheduling Your Wedding Or Event Date
You may request rescheduling the date of your wedding or event only by written notice sent to paradisperophoto@gmail.com. Paradise Productions intends to accommodate any Rescheduling Notice, but rescheduling a wedding or event for your desired date may not always be possible based on Paradise Productions bookings calendar. Therefore, Paradise Productions reserves the right to accept or reject a Rescheduling Notice in its sole discretion.
If you send a Rescheduling Notice fewer than 60 calendar days before your reserved wedding or event date, and it is accepted, you shall immediately pay Paradise Productions the deposit and or 50% of the Package Price, this will be applied in full to your rescheduled event. Payment of the Rescheduling Fee is required to confirm your rescheduled wedding or event date. All of your other payment obligations and deadlines will be unaffected by the rescheduled wedding or event date because they will continue to be based and calculated based on your original wedding or event date.
If you send a Rescheduling Notice 60 or more calendar days before your reserved wedding or event date, and it is accepted, you will not have to pay a Rescheduling Fee only for the first such request; all subsequent requests are subject to a Rescheduling Fee of $200 which will be charged immediately and will be applied towards your event invoice. Rescheduling fees are non-refundable. Paradise Productions is entitled to charge the Rescheduling Fee to any credit or debit card you have at any time provided to Paradise Productions. Sorry, but should you cancel your wedding after you have rescheduled it, no refund is due or will be paid.
Furniture on the Beaches
The State of Hawaii expressly prohibits the use of any kind of furniture and amplified music on all State beaches. All beaches in Hawaii are State beaches, there are no private beaches in the State of Hawaii, and Paradise Productions can not and will not provide chairs, altars, or floral arbors on any beaches. The exception to this is when the couple have booked a private venue like a hotel property bordering the beach, or a botanical garden or waterfall location where such decorations are allowed.
Changes To Your Wedding Or Event Package & Details
You may change your wedding or event package up to 30 days prior to your wedding or event date, and any extras you have ordered up until 14 days prior to your wedding or event. Within 14 days of your wedding or event we can not accommodate cancellations of flowers, transportation, musicians, on-site coordinator/groomer, video or any other services that you may have added to your wedding or event package at a previous time. Wedding or event package changes themselves can not be accommodated within 30 days of your wedding or event as we have committed to certain vendors who have specifically allocated their time for your event and your specific event time frame. However, additions to your wedding or event package may still be possible, please call or email us if you want to add something last minute. However, downgrading to a less expensive package within 30 days, or cancellation of any booked services or flowers less than 14 days prior to your scheduled event can not be accommodated.
Site Fees
Certain wedding or event venues may require a site fee. In addition to the standard deposit, all site fees are to be paid in full upon booking, and are non-refundable. Site fees are subject to change without notice.
SPECIAL COVID-19 DISCLAIMER-2:
To prevent the spread of the disease the State of Hawaii has strict regulations coming from the Health Department that requires quarantine of any person who has been diagnosed with a positive Covid test. In the very unlikely event that several of our staff should fall ill and require quarantine we may have to reschedule your wedding or event time or date to accommodate this unforeseen staff shortage. Rest assured we have several teams and accommodate multiple weddings or events daily, and will do everything in our power to get you married and or photographed before you leave the island.
Wedding And Event Credit
Other than Deposits and Rescheduling Fees, any payments you make toward the package price of a wedding or event that you cancel or reschedule, are non-refundable and will be credited toward a new booking by you for a wedding or event to occur at a date that is mutually agreeable to you and Paradise Productions and that is within 2 years of the originally reserved date.
Disputes and Interpretation
These Terms of Services are governed exclusively by the law of the state of Hawaii and must be construed in accordance with the law of that state, without regard to conflict-of-laws principles.
As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of, or relating to, these Terms of Service, the party asserting the dispute may submit the dispute to binding arbitration before JAMS. The arbitration will be conducted in accordance with JAMS™ arbitration rules and expedited procedures, as they exist at the time the arbitration is filed. The arbitration must be scheduled to take place in Lihue, Kauai, Hawaii, before an attorney licensed to practice law in the state. The parties will initially share all of the fees and costs of the arbitration equally, but the prevailing party will be entitled to recover all its fees and costs of arbitration, as well as attorney’s fees. If a party files in court a dispute that is covered by this arbitration provision, the defending party is entitled to recover all fees and costs (including attorney’s fees) it incurs in connection with the court proceedings, including compelling the dispute to arbitration, regardless of whether the defending party prevails in court or arbitration. The arbitrator shall have no power to alter or amend these Terms of Service or to award any relief inconsistent with the provisions herein or unavailable in a Hawaii court of law. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
You shall maintain the confidential nature of the arbitration and the arbitral award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) as may be necessary in connection with a judicial challenge to an award or its enforcement, or (iii) as otherwise required by law or judicial decision.