TERMS & CONDITIONS

Use of the Website

You agree to use this Website only for lawful purposes and in a manner that does not violate the rights of others or restrict their use of the Website.

  • violate any applicable local, state, national, or international laws;

  • transmit content that is unlawful, harmful, threatening, abusive, defamatory, or invasive of privacy;

  • interfere with the security or proper functioning of the Website.

Intellectual Property

All content displayed on this Website—including but not limited to:

  • photographs

  • video

  • text

  • graphics

  • branding

  • logos

  • design elements

Is the exclusive property of Hawai‘i Media Collective unless otherwise stated.

All works are protected under the United States Copyright Act and other applicable intellectual property laws.

No content from this Website may be:

  • copied

  • reproduced

  • distributed

  • modified

  • republished

  • used commercially

without the prior written consent of Hawai‘i Media Collective.

Unauthorized use of our imagery may constitute copyright infringement and may result in legal action.

Photography & Media Licensing

Images displayed on this Website are provided solely for portfolio and promotional purposes. Viewing these images does not grant any license or rights to reproduce, distribute, or use the images in any manner.

Any use of images created by Hawai‘i Media Collective—including editorial, marketing, or commercial use—requires a separate licensing agreement.

Creative Direction & Artistic Discretion

The Client acknowledges that the Photographer maintains full creative control over:

  • photographic style

  • image selection.

  • composition

  • post processing

  • editing

The Photographer shall deliver images consistent with their professional portfolio and established aesthetic.

The Photographer does not guarantee the capture of any specific image, guest, or moment.

Artificial Intelligence & Data Use

Images, video, and other media created by Hawai‘i Media Collective may not be used to train artificial intelligence systems, machine learning models, or image generation technologies without express written permission.

Unauthorized use of our work for AI training or dataset creation may constitute copyright infringement.

User Communications

If you submit information to us through contact forms, email, or other communication channels (“User Submissions”), you grant Hawai‘i Media Collective permission to use the information solely for the purpose of responding to inquiries or providing services.

We do not claim ownership over your submissions, but you represent that you have the right to share the information you provide.

Modifications to the Service and Prices

Hawaii Media Collective reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Hawaii Media Collective (https://hawaiimediacollective.com) or the Service itself.

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

Copyright and Content Ownership

All photographs, videos , and derivative works created by Hawai‘i Media Collective (“Photographer”) remain the intellectual property of the Photographer and are protected under the United States Copyright Act.

Unless otherwise expressly stated in a separate written agreement signed by both parties, no transfer of copyright ownership shall occur.

The Client acknowledges that:

  • the Photographer retains exclusive copyright ownership,

  • the Client receives only a limited license for use, and

  • all other rights remain reserved by the Photographer.

    For more information kindly inquire for our Print Release

The Client may not:

  • claim authorship of the photographs,

  • register the images for copyright protection,

  • sell or sublicense the photographs,

  • alter the images in a manner that misrepresents the Photographer’s work,

  • or authorize third parties to exploit the images commercially.

Any unauthorized use of the images shall constitute copyright infringement, and Hawai‘i Media Collective reserves the right to pursue remedies available under applicable copyright law, including statutory damages, licensing fees, and legal costs.

Vendor Image Distribution

The Client acknowledges that multiple vendors may contribute services to the event, including but not limited to:

  • event planners

  • venues

  • designers

  • florists

  • caterers

  • production teams.

Hawai‘i Media Collective may, at its sole discretion, provide watermarked or licensed images to participating vendors for the limited purpose of promoting their services.

Vendor usage shall be subject to the following conditions:

  • images must credit Hawai‘i Media Collective where practical

  • images may not be altered beyond minor cropping or resizing

  • images may not be sold or sublicense.

  • copyright ownership remains with the Photographer.

The Photographer is not responsible for monitoring or enforcing vendor compliance after distribution.

Limitations of Liability

The Photographer shall exercise reasonable skill and care in the performance of services.

However, in the event that:

  • equipment failure,

  • data corruption,

  • illness,

  • acts of God,

  • venue restrictions, or

  • circumstances beyond the Photographer’s control

prevent the delivery of photographic materials, the Photographer’s liability shall be limited to the return of payments received for services rendered.

Under no circumstances shall the Photographer be liable for indirect, incidental, or consequential damages.

Payment Terms & Conditions

To secure the event date and services of the Photographer, the Client agrees to pay a non-refundable 50% retainer is required to reserve the event date. The event shall not be considered confirmed until:

  • our Agreement is signed, and

  • the required retainer has been received.

The retainer compensates Hawai‘i Media Collective for reserving the date and declining other potential engagements.

The remaining balance shall be due no later than 7 days before the event date. The Photographer reserves the right to withhold delivery of all images until payment is received in full.

Events confirmed within seven (7) days of the program date are subject to a 20% expedited coordination fee to accommodate the condensed planning and production timeline. Full payment is required at the time of confirmation.

Hawai‘i Media Collective reserves the right to suspend editing, licensing, and delivery of images until outstanding balances are satisfied.

Cancellation & Rescheduling

If the Client cancels the event for any reason:

  • All retainers previously paid shall remain non-refundable.

  • If cancellation occurs within 30 days, 50% of the remaining balance is due.

  • If cancellation occurs within 10 days, 100% of the remaining balance is due.

Rescheduling requests may be accommodated at the Photographer’s discretion and are subject to availability.

Force Majeure

Neither party shall be liable for failure to perform obligations under this Agreement due to events beyond reasonable control, including but not limited to:

  • natural disasters

  • government restrictions

  • acts of terrorism

  • civil unrest

  • pandemics

  • travel restrictions.

In such circumstances, both parties shall make reasonable efforts to reschedule services and/or come to a resolution.

Post-Event Refund Policy

Due to the creative and subjective nature of photography services, the Client acknowledges that artistic style, editing decisions, and image selection are within the Photographer’s professional discretion.

Delivery of images consistent with the Photographer’s established portfolio and professional standards shall constitute fulfillment of contractual obligations.

The Client agrees that:

  • dissatisfaction with artistic style,

  • personal appearance of individuals in photographs,

  • missed candid moments, or

  • subjective preferences

shall not constitute a breach of contract.

Accordingly, once photography services have been performed and images delivered, no refunds shall be issued except in cases of material breach of this Agreement.

Indemnification

You agree to indemnify and hold harmless Hawai‘i Media Collective and its affiliates from any claims, damages, liabilities, or expenses resulting from:

  • your misuse of the Website

  • your violation of these Terms

  • your violation of any rights of a third party.

Governing Law

These Terms shall be governed by and interpreted under the laws of the State of Hawai‘i.

Any legal disputes arising from the use of this Website shall be subject to the exclusive jurisdiction of the courts located within the State of Hawai‘i.

Changes To The Terms of Service

Hawaii Media Collective may modify these Terms at any time. Changes will be effective when posted on the Website. Your continued use of the Service following the posting of revised Terms constitutes acceptance of those changes. We encourage you to review this page regularly for updates.

Contact Us

Questions about the Terms of Service should be sent to us at aloha@hawaiimediacollective.com.