Cheyenne Summer Media LLC - Legal Policies
Privacy Policy
Effective Date: 01/01/2020
Cheyenne Summer Media LLC respects your privacy.
This Privacy Policy explains how we collect, use, and protect your personal information when you visit our website cheyennesummer.com or engage with our services.
1. Information We Collect
Contact details (name, email, phone number) submitted via forms or email.
Project details shared during booking or inquiries.
Payment information (processed securely by third-party providers).
Automatically collected data like IP address, browser type, and usage data via cookies
or analytics tools.
2. How We Use Your Information
To provide and manage our services.
To communicate with you.
To process payments and transactions.
To improve our website and services.
To send promotional emails (only with your consent).
3. Cookies and Tracking Technologies
We use cookies and similar technologies to enhance your experience, track site usage, and
gather analytics. You can control cookies via your browser settings.4. Third-Party Services
We use trusted third-party services such as:
Payment processors (e.g., PayPal, Stripe)
Analytics providers (e.g., Google Analytics)
Email marketing tools (e.g., Mailchimp)
These services have their own privacy policies.
5. Your Data Rights
Depending on your location, you may have rights to:
Access, correct, or delete your data.
Object to or restrict certain data uses.
Withdraw consent for marketing.
Contact us at cheyennesummermedia@gmail.com to exercise your rights.
6. Data Security
We implement reasonable measures to protect your data, but no method is 100% secure.
7. Changes to This Policy
We may update this Privacy Policy from time to time. Changes will be posted on this page.
8. Contact Us
Cheyenne Summer Media LLC
Email: cheyennesummermedia@gmail.com
Website: cheyennesummer.com
Terms of Service – Cheyenne Summer
Media LLC
Acceptance of Terms
Welcome to cheyennesummer.com, the online platform of Cheyenne Summer Media LLC
(“Company,” “we,” or “us”).
By accessing our website or engaging our videography,
photography, or related services (“Services”), you (“Client” or “you”) agree to be bound by
these Terms of Service (“Terms”). Please read these Terms carefully. If you do not agree with
any part of these Terms, you should not use our website or Services. These Terms apply to all
Service agreements and transactions between you and the Company.
Scope of Services
Cheyenne Summer Media LLC is a creative services business offering professional videography
and photography services, as well as related products. Our scope of Services includes, but is
not limited to:
Wedding and Event Videography: Filming and producing wedding videos,
engagement videos, and other event videography, covering everything from
pre-ceremony preparations to the final moments of the event.
Corporate and Commercial Video Production: Creation of business-related videos
such as promotional videos, corporate training videos, commercials, and brand
storytelling content for companies and organizations.
Athlete and Brand Sponsorship Videography: Producing action and highlight videos
featuring athletes or brand ambassadors, including coordinating with sponsored
athletes/models and capturing footage that aligns with the client’s brand and marketing
goals.
Video Editing and Post-Production: Professional editing of video footage (including
footage provided by clients) to create polished final videos, as well as color grading,
sound editing, addition of graphics or effects, and other post-production services as
needed.
Photography and Physical Prints: Capturing high-quality photographs (for events,
brand campaigns, or art projects) and offering physical prints of images. This includes
selling printed photographs or still frames as physical products (e.g. prints, posters)through our website or in-person events.
All Services will be delivered in accordance with the specifications and creative brief agreed
upon with the Client (such as duration of coverage, style of video, number of edited versions,
etc.). We will work closely with you to understand your vision and requirements for each project.
Any specific deliverables, technical formats, or project milestones will be confirmed in writing
(e.g. via contract, invoice, or email) before the project begins. The Company reserves the right
to refuse any project or part of a project that falls outside the scope of our expertise or violates
any law or policy.
Client Responsibilities
To ensure a successful project and timely delivery of the Services, the Client agrees to fulfill the
following responsibilities:
Cooperation and Information: Provide all necessary information, instructions, and
materials relevant to the project in a timely manner. This includes, for example, event
schedules and timelines, shot lists or specific moments you want captured, brand
guidelines or scripts for corporate videos, and any logos, music, or other assets you
want us to include. Timely and clear communication from the Client is essential to avoid
delays.
Access and Permissions: Secure access for the Company’s team to all relevant
venues and locations required for filming or photography. The Client is responsible for
obtaining any necessary permissions, permits, or releases for locations and participants.
For example, if filming is to take place on private property or a restricted area, the Client
must ensure permission is granted. If any individuals (or minors) will be featured in the
video or photos, the Client should assist in obtaining any necessary consent or release
forms if required.
Schedule and Availability: Work with the Company to schedule dates and times for
shoots or editing reviews, and adhere to the agreed schedule. If a particular event or
session start time is agreed upon, the Client should ensure punctuality and that the
event proceeds according to plan. Significant changes to the schedule or any delays
(e.g. event starting late) should be communicated as soon as possible.
Provision of Amenities (for On-Site Shoots): For lengthy events or full-day shoots
(generally those exceeding 6 hours), the Client agrees to provide the
videography/photography crew with reasonable breaks and, if possible, access to water
and meals. This helps our team stay energized and focused on capturing your event
effectively.
Approvals and Feedback: Review any drafts or preview edits we provide and give
feedback or approval within the timeframe specified by the Company. We typically allow
a certain number of revision rounds (if included in your package) – prompt and
consolidated feedback will help us deliver the final product on time. Delayed feedback or
indecision on edits may extend the delivery timeline.
Warranty of Rights in Client Materials: If you (the Client) provide us with any content
to incorporate (such as photographs, video clips, music, graphics, or text), you represent
and warrant that you have the legal right to use those materials and to grant us the right
to use them for the project. The Client must ensure that any materials provided do not
infringe on any copyright, trademark, privacy, or other rights of third parties. You agree to
indemnify and hold the Company harmless from any claims or legal issues that arise due
to materials provided by you without proper rights or permissions.
By meeting these responsibilities, you help us maintain our schedule and quality standards.
Failure to fulfill Client responsibilities (such as not providing necessary information or access)
may result in delays or, in severe cases, an inability for us to complete the Services. In such
cases, the Company’s obligations may be adjusted, and additional fees or scheduling changes
may apply as reasonably necessary.
Payment Terms
Our payment terms are designed to be fair and clear for both parties. By booking our Services,
you agree to the following payment schedule and conditions:
Deposit (Booking Fee): A 50% deposit of the total quoted fee for the project is required
at the time of booking to secure our services and reserve your date. We will issue an
invoice for this deposit once you confirm you wish to proceed. This deposit is
non-refundable except in the unlikely event that the Company must cancel the project
(in which case we would refund any deposit paid). The deposit represents a commitment
from the Client and covers initial work and the reservation of time and resources for your
project. We cannot hold your event date or begin work until the deposit is received.
Remaining Balance: The remaining 50% balance of the project fee is due upon
completion of the project and upon your approval of the content. Once we have
finished editing/producing the final video or photos, we will present the content to you for
review (for example, via a watermarked online preview or in-person viewing). Upon your
approval of the final cut or images, we will send the final invoice for the remaining
balance. Full payment of the balance is required before the final deliverables are
released to you (i.e., before we provide the high-resolution video files without
watermark, the full-quality photos, or ship physical prints). Approval of the content should
not be unreasonably withheld; minor edit requests will be honored if within the agreed
scope, but once the content meets the agreed project brief, final payment is due.
Physical Prints and Product Purchases: For any physical prints or tangible products
purchased through our website or as part of a package, payment is due in full at the time
of order (or as specified in the online checkout process). Prices for prints will be clearly
listed, and you must pay the total cost (including any applicable taxes and shipping fees)
before we process and ship the order.
Late Payments: Timely payment is essential. Any invoice not paid by its due date may
incur a late payment charge or interest, in accordance with applicable laws. The
Company reserves the right to charge a reasonable late fee (for example, interest at a
lawful rate such as 1%–1.5% per month on overdue amounts) and/or to suspend further
work or withhold delivery of final materials until payment is made in full. We will give
notice and an opportunity to cure any missed payment before suspending work.
No Set-off or Deductions: Payments should be made for the full invoiced amount. The
Client is not entitled to withhold or deduct any portion of the payment as a set-off for any
claim, unless agreed by the Company in writing.
Payment Methods: We accept common payment methods (e.g., credit card, bank
transfer, check, or other methods as specified in your invoice or our website). Any
payment processing fees (if applicable) will be disclosed. Clients are responsible for any
bank fees or charges associated with their method of payment (for example,
international transfer fees).
All amounts are stated in U.S. Dollars (USD) unless otherwise noted. Once again, please note
that all payments are final and non-refundable, given that our Services are custom-tailored
and time-sensitive (we do not offer refunds or cancellations as a general policy, as detailed
below). By paying the deposit, you are committing to the project and these Terms. If you have
any questions about the invoice or payment schedule, please contact us before remitting
payment.
Refunds, Cancellations, or Rescheduling: For clarity, the Company currently does not offer
refunds, cancellations, or rescheduling as a matter of standard policy. The 50% deposit is
used to secure your date and begin preliminary work and thus cannot be refunded in the event
the Client decides not to proceed. Similarly, once the final content is approved and delivered,
the sale is final. We understand that unforeseen circumstances can occur; if an extreme
situation arises, please communicate with us as soon as possible, and we will work with you in
good faith to find a reasonable solution. However, unless otherwise agreed in writing, payments
made are non-refundable and schedule changes may be treated as a cancellation of the original
booking (requiring a new booking and possibly a new deposit). We strongly encourage Clients
to be certain about their booking dates and project commitments before paying the deposit.
Delivery Timelines
We are committed to delivering high-quality content on a timeline that meets our clients’ needs.
Because each project is unique, specific delivery dates and milestones will be discussed and
agreed upon as part of the project planning. Below are our general practices and policies
regarding timelines and delivery:
Project Schedule: At the start of the project (or in our contract/proposal), we will outline
an estimated timeline for key milestones and final delivery. For example, for an event
video we might provide an estimated turnaround time (e.g., 4–6 weeks after the event)
for the edited video; for corporate projects, we might have interim deadlines for drafts or
review sessions. We strive to meet all agreed deadlines and will keep you informed of
our progress.
Timely Delivery: The Company will make commercially reasonable efforts to deliver the
final edited videos, photos, or prints by the agreed date. Once the Client has approved
the final content and made any remaining payment, digital deliverables (such as video
files or digital photo galleries) will be released for download or sent via the agreed
delivery method (cloud link, USB drive, etc.). Physical products like prints will be
produced and shipped promptly after final approval and payment. We will provide you
with any tracking information for shipped items.
Client Delays: Delivery timelines are contingent on the Client fulfilling their
responsibilities (see “Client Responsibilities” above). Any delay by the Client in providing
required information, assets, feedback, or approvals may extend the delivery date. For
instance, if you take additional time to select photos for printing or delay in giving
feedback on a video draft, our turnaround time may shift accordingly. We are not
responsible for missed delivery targets if the delay is caused by the Client’s actions or
inaction.
Revisions and Approval Process: If your package includes revision rounds or if you
request changes to the delivered draft, this can affect the delivery schedule. We will
collaborate with you to perform revisions promptly, but extensive or last-minute change
requests outside the original scope may require additional time (and possibly additional
fees, which we would discuss with you). We will always communicate new expected
delivery dates if the scope changes.
Force Majeure & Unforeseen Delays: While we endeavor to meet every deadline,
certain circumstances beyond our control (force majeure events) may cause delays or
inability to deliver on time. These include, for example, natural disasters, extreme
weather events, illness or accidents, equipment failure, transport or travel disruptions, or
other emergencies. In such cases, we will notify you as soon as possible and discuss an
adjusted timeline. The Company will not be held liable for delays due to causes beyond
our reasonable control, but we will do our best to mitigate the impact and deliver as soon
as feasible.
Delivery Format: The final video deliverables will be provided in the format and
resolution agreed upon (for example, high-definition MP4 files via download link).
Photographs will be delivered as high-resolution JPEG files or other formats as
specified. Physical prints will be delivered in the size and medium (paper, canvas, etc.)
as per your order. All digital content is typically delivered electronically (via a secure
online gallery, file transfer, or portable drive), whereas physical items will be shipped to
the mailing address you provide. The risk of loss for shipped physical items passes to
you upon our delivery to the carrier, but we will package products carefully and insure
shipments as appropriate.
Archival of Footage/Files: We generally archive project files and raw footage for a
limited time after final delivery. Unless otherwise agreed, raw video footage and project
files are not included as part of the standard deliverables. We typically keep a backup of
delivered videos/photos for a certain period (e.g., 6 months to 1 year) in case you need
re-delivery. However, we do not guarantee indefinite storage. If you require long-term
archiving or the raw footage, please discuss this with us – special arrangements or
additional fees may apply for extended storage or raw footage delivery.
We pride ourselves on reliability and will communicate with you throughout the process. If you
have a critical deadline (for instance, a corporate event video that must be ready for a
conference on a specific date), please make that clear from the outset. We will confirm in writing
if we can commit to a hard deadline. Otherwise, all delivery timelines are estimates. Your
satisfaction is our priority, and we will always aim to deliver as promptly as possible without
compromising quality.
Intellectual Property Rights
This section addresses the ownership of intellectual property (IP) in the videos, photographs,
and other content we create, as well as any licenses related to that content. It is important to
distinguish between raw materials and final deliverables:
Ownership of Final Deliverables
Upon receipt of full and final payment, the Company assigns to the Client all rights, title,
and interest in and to the final deliverables produced for you under the contract.
This means that once you have paid for the project in full, the final edited video(s)
and/or photographs we deliver are yourproperty to the extent outlined in these Terms.
You will own the copyright in the final edited content, except for any portions of the content
that contain pre-existing intellectual property or third-party materials (for example, licensed music tracks, stock footage, or logos that you provided). Ownership of such pre-existing or third-party
elements remains with their original owners, though you will have whatever usage rights
we obtain on your behalf (see “Usage Rights” below).
Raw Footage and Project Files: Unless otherwise agreed in writing, the Company
retains ownership of all raw footage, raw photographs, outtakes, preliminary edits,
project files, and other materials that are not included in the final delivered product.
We generally do not provide raw unedited video or images as part of our standard
packages. These source materials remain the exclusive property and copyright of the
Company. (For clarity: you receive the edited video or selected high-resolution photos as
final deliverables. The unedited footage and images we captured, and the editing project
files, remain with us.) If you desire raw footage or additional materials, this must be
negotiated separately and may involve additional fees and a separate license or transfer
agreement.
Company’s Pre-existing Materials: If the Company uses any of its own pre-existing
intellectual property in the project (for example, proprietary graphics, templates, stock
footage owned by us, or music that we composed), those elements remain our property.
In such cases, we grant you a license to use those elements within the final deliverables,
but we do not transfer ownership of our underlying assets. We assure that any such
materials will either be owned by us or properly licensed for inclusion, so their use will
not infringe any third-party rights.
Third-Party Materials: We often incorporate third-party content such as licensed music,
stock video clips, or fonts to enhance your project. The rights to these third-party
materials remain with their respective owners or licensors. We will obtain the necessary
licenses to include these materials in your video (for example, licensing a song for use in
your wedding video or a stock footage clip for a corporate video). Your right to use
these third-party elements is typically limited to using them as part of the final
video or deliverable and not on a stand-alone basis. (For instance, you can share and
play the video that contains a licensed song, but you don’t have the right to separately
remix or reuse that song outside the video.) We will advise if any usage limitations apply
to third-party content in your deliverables.
Intellectual Property in Physical Prints: For any physical prints or photographs you
purchase, note that ownership of the physical print does not equate to ownership of
the copyright of the image. The Company (or the photographer who took the image)
retains the copyright to the photographs unless explicitly transferred. When you buy a
print, you have the right to display that print for personal enjoyment or internal business
decoration, but you do not acquire the right to reproduce the image (for example, you
cannot legally scan the print and sell copies, or use the image in other publications
without permission). See “Usage Rights” below for more on permitted use of prints.
In summary, our standard approach is to transfer ownership of the final edited work to you
after full payment, giving you broad rights to use and enjoy the content (subject to the usageprovisions below), while we retain the underlying and raw materials and certain rights to use the
content for our own promotion. All intellectual property rights not expressly transferred or
licensed to you are reserved by the Company. If a custom arrangement is desired (such as the
Company retaining ownership and granting you a license instead, or a different split of rights),
that must be agreed to in writing before the project starts. We are happy to discuss and clarify
any questions regarding intellectual property – protecting both our creative rights and your
ability to use the final product freely is important to us.
Usage Rights
While the Intellectual Property section above explains who owns what, this section details how
the Client and the Company are permitted to use the project materials and deliverables. These
usage rights apply to the final videos, photographs, and any other deliverables we provide, as
well as to any physical prints.
Client’s Usage Rights:
Once the project is completed and paid for, you as the Client have broad rights to use the final
deliverables for their intended purpose:
Personal and Commercial Use: If the deliverable is personal in nature (e.g., a wedding
video or family event photos), you are free to share the video or photos privately or
publicly with family and friends, upload them to social media, or otherwise enjoy them for
personal purposes. If the deliverable is commercial (e.g., a corporate promo video, a
brand sponsorship highlight reel, or business photographs), you are entitled to use the
content in your business operations and marketing. This includes posting the video on
your company website, social media, playing it at events, or otherwise distributing it as
part of your advertising and promotional activities. No further payment to the Company is
required for these uses – the project fee covers these usage rights.
Editing and Alterations: You may make copies of and redistribute the final deliverables
as needed for the above purposes. However, significant editing or alteration of the final
video or images by the Client or third parties is generally discouraged unless we agree
otherwise. The reason is to ensure that our work is presented as delivered without
modifications that could affect quality or our reputation. If you require alternate versions,
edits, or formats, please let us know and we can assist. If the Client or another party
does edit or transform the content after delivery, the Company is not responsible for any
issues arising from those changes.
Restrictions on Resale and Improper Use: The Client shall not resell, re-license, or
sub-license the delivered content to any third party without the Company’s express
written consent. Your usage rights are intended for you and your organization’s use only.
For example, you cannot sell the video we made for you to another company, or claim
authorship of the footage. Additionally, the content may not be used in a way that is
defamatory, unlawful, or that infringes on the rights of others. If any third party (like a●
partner company or affiliate) also needs to use the content, please discuss it with us –
usually it’s fine, but we want to ensure proper licensing is in place if needed.
Prints – Display Rights: When you purchase physical prints or artwork from us, you
have the right to display those prints in your home, office, or other personal space
indefinitely. You may also gift the print to someone else, who can then display it in a
similar manner. However, buying a print does not give you the right to reproduce the
image on that print. You agree not to create copies, scans, or digital versions of the
physical prints for distribution, nor to use the image in any commercial way (such as
including it in advertisements, publications, or on merchandise) without obtaining a
license or permission from the Company. If you are interested in using an image
commercially, contact us to discuss licensing options.
Company’s Usage Rights:
Cheyenne Summer Media LLC retains certain rights to use the work we create, even after
ownership of the final product is transferred to you. This is common in creative services and
helps us promote our portfolio:
Portfolio and Self-Promotion: We reserve the right to use the final deliverables, as well
as behind-the-scenes photos or footage from the project, for our portfolio and
marketing purposes. This includes displaying the work on our website
(cheyennesummer.com), on our social media channels (for example, sharing a highlight
from a wedding video on Instagram or a snippet of a corporate video on our portfolio
page), in showreels, in printed marketing materials, or as part of our demo to future
clients. We will not sell your project content to other parties or use it in unrelated
commercial projects; our use is limited to showcasing our work and capabilities.
Client Confidentiality and Exceptions: We understand that some projects are
sensitive. If the Client has a confidentiality request (for example, a corporate project that
cannot be made public until a certain date, or a private event where participants do not
want footage shared), we are willing to accommodate reasonable restrictions. You must
communicate any such limitations or requests at or before the time of booking or when
supplying the information. We respect privacy requests — for instance, we will not spoil
a product launch video by sharing it before your launch date, and we will heed any
request to not use specific footage publicly (maybe a sensitive family moment, etc.). Any
agreement to keep a project confidential or to limit our usage rights will override the
general portfolio right stated above for that project.
Credit: The Company may ask for an attribution or credit when the work is used publicly
by the Client, especially in commercial contexts (e.g., a small logo or text credit at the
end of a video or a mention in a publication). While we appreciate credit, we do not
require it for personal use deliverables. For corporate or widely-distributed content, a
credit (such as “Video produced by Cheyenne Summer Media LLC”) is appreciated if
practical, but absence of a credit does not itself violate these Terms. Conversely, we maydiscreetly include our logo or a credit in the deliverable (such as in the video’s end
credits or on the back of a print) unless you request in advance that we omit it.
Third-Party Usage Requests: If a third party (e.g., an event venue, a participant, or another
vendor) requests copies of or rights to the footage or photos, we will refer them to you unless
we already have permission to share. For example, sometimes venues or vendors like to share
wedding videos or photos that feature their location or service – typically we require your OK
before sharing raw footage or photos with them. We find that most clients are happy to allow this
(it can flatter your venue/vendors and help everyone), but we will check with you when in doubt.
In summary, you have wide latitude to use and enjoy the content we create for you, and we
have limited rights to use that content to promote our work. Neither party should impair the
other’s rights: you won’t resell our work or present it as someone else’s, and we won’t exploit
your content beyond self-promotion or agreed collaborations. If you have any questions about
what you can or cannot do with your video or photos, please ask us. We aim for you to feel that
the work is truly yours, while also allowing us to proudly display the art we created together.
Limitation of Liability
While we strive for excellence and professionalism in all our services, there are always risks
inherent in event coverage, video production, and digital technology. This section limits our
liability and clarifies the extent of responsibility the Company accepts in connection with the
Services:
Service Performance: The Company will perform the Services in a professional manner
and make every reasonable effort to capture important moments and produce
high-quality results. However, we do not guarantee that every single moment or image
from an event will be captured, or that the Services will be uninterrupted or error-free.
The Client acknowledges that creative services like videography and photography
involve some subjective artistic choices and that factors beyond our control (lighting,
weather, participant cooperation, etc.) can affect the outcome. Any sample work you see
on our website is illustrative; while we aim to meet or exceed similar quality, the exact
results can vary.
No Guaranteed Outcomes: Except as expressly set out in the project specifications,
the Company makes no warranty or guarantee as to any specific outcomes of the
video/photo use. For example, we cannot guarantee that a corporate video will increase
your sales or that a highlight reel will go viral on social media. We encourage high
expectations for our creativity and effort, but we cannot promise any particular return on
investment, audience size, or subjective satisfaction beyond delivering the agreed
content. We do, however, commit to working with you through the editing process to
achieve a result you are happy with.
Unforeseen Events: The Company is not liable for delays, omissions, or failures in
performance that result from events or conditions beyond its reasonable control. This
includes, but is not limited to, accidents or illness, theft of equipment, traffic incidents,
power outages, equipment malfunction, adverse weather (for outdoor shoots), acts of
God (fire, flood, earthquake), acts of government, labor disputes, or sudden
unavailability of key personnel or subcontractors. If such an event occurs, we will notify
the Client and take reasonable steps to mitigate the impact (for example, by
rescheduling the shoot, finding a replacement videographer/photographer, or extending
deadlines). However, any resulting inability to perform or delay in performance will not be
considered a breach of our obligations, and the Company will not be liable for any losses
or damages arising from such force majeure events.
Limit of Financial Liability: To the fullest extent permitted by law, the maximum
liability of the Company (and its owners, employees, or contractors) to the Client for
any claims, losses, or damages whatsoever, whether in contract, tort, or
otherwise, shall not exceed the total amount paid by the Client to the Company for
the specific Service or project in question. In other words, if something goes wrong
that is our fault, our responsibility will at most be to refund the amount you paid for that
service or to provide a reasonable service credit—no more. Under no circumstances will
Cheyenne Summer Media LLC be liable for any amount greater than the fees we
received.
Exclusion of Certain Damages: The Company will not be liable to the Client for any
indirect, consequential, incidental, special, or punitive damages arising out of or
relating to the Services or deliverables. This exclusion includes, for example, any loss of
prospective profits or revenues, loss of data or memories (if video footage is lost or
corrupted), emotional distress, or the cost of obtaining alternative services (the “cost of
cover”). We understand that moments like weddings are once-in-a-lifetime, and we take
that responsibility very seriously; however, in the unfortunate event of an irretrievable
loss (such as footage being destroyed due to a major equipment failure), our liability is
limited to refunding the amounts paid for that portion of the service or offering a re-shoot
if feasible, and we will not be liable for additional damages associated with the loss.
Client’s Property and Materials: If the Client provides us with any property or materials
(e.g., your own video footage, photographs, or other items to include in the final edit),
our liability for any damage or loss of those materials is limited. We will handle any
physical or digital materials you provide with care, but we are not responsible for any
loss or damage to original materials provided by the Client unless caused by our
gross negligence or willful misconduct. We strongly advise that you do not hand over
one-of-a-kind irreplaceable items; if you do, you should ensure you have duplicates or
backups.
Data Integrity: We employ standard practices to backup and protect the footage and
files we record. However, digital data can be subject to failure. In the rare event that●
some or all footage is lost, corrupted, or becomes unusable (e.g., due to an unexpected
memory card failure or file corruption), our liability will be limited to the measures stated
above (refund or partial refund, or a re-shoot if possible for staged content).
Third-Party Liability: The Company is not liable for the actions or inactions of third
parties that are not under our direct control. For example, if at an event a guest or
vendor accidentally obstructs the camera or damages our equipment resulting in missed
footage, we are not liable for that missed footage (though we will do our best to recover
and continue). Similarly, if we subcontract a second shooter or hire a licensed drone
operator and they operate under our direction, they will be considered part of our team,
but if you separately hire or direct someone that we haven’t contracted (like another
photographer working independently), we aren’t responsible for their work or any conflict
that might arise.
Indemnification: The Client agrees to defend and indemnify Cheyenne Summer Media
LLC (including our employees and agents) against any claims, liabilities, or expenses
(including reasonable attorneys’ fees) arising from: (a) the Client’s misuse of the
deliverables or Services, (b) any claims that materials provided by the Client for use in
the project infringe on third-party rights, or (c) the Client’s breach of these Terms. This
means that if a third party brings a lawsuit or claim against us due to something you
provided or an action you took (for example, unlicensed music you asked us to use, or
you using the video in an unauthorized way that causes a dispute), you will cover our
costs and losses from that claim. We, in turn, agree that we will be responsible for any
claims arising from our own infringement of third-party rights (for instance, if we used a
piece of music in your video that we didn’t have rights to, which we will not do without
permission).
No Warranty: Except as explicitly promised in our agreement (such as delivering
specified deliverables), the Services and deliverables are provided “as-is” without any
implied warranties or conditions. We do not warrant that the deliverables will meet any
particular criteria of performance, quality (beyond our professional standards), or that the
website will operate error-free. Any implied warranties (including any implied warranty of
merchantability or fitness for a particular purpose) are expressly disclaimed to the fullest
extent allowed by law. Some jurisdictions do not allow limitations on certain warranties or
damages; nothing in this section is intended to contravene any mandatory protections
you have under law, but rather to clarify the extent of our liability.
By agreeing to these Terms, you acknowledge that you understand these limitations of liability
and that they are a reasonable allocation of risk between the Client and the Company. Our goal
is always to deliver outstanding results and have happy clients; these provisions are not here to
dodge responsibility, but to ensure that we are not unfairly held responsible for things that are
truly beyond our control or not proportionate to the fees charged. In the extremely unlikely eventthat a serious problem occurs, we pledge to be honest with you, and to work toward a fair
resolution within the boundaries of these Terms.
Governing Law and Dispute Resolution
These Terms of Service and any separate agreements for Services shall be governed by and
construed in accordance with the laws of the State of California, USA, and by applicable
federal laws of the United States. This governing law applies no matter where you, the Client,
are located, and without regard to conflict of law principles. You agree that any dispute, claim, or
controversy arising out of or relating to these Terms or the Services provided (a “Dispute”) that
cannot be resolved amicably between us shall be brought in the appropriate courts of the State
of California. Unless an alternative forum is required by law, the state and federal courts located
in California shall have exclusive jurisdiction over all such disputes, and both the Client and the
Company consent to the personal jurisdiction of those courts.
Before resorting to legal action, we strongly encourage an attempt at good-faith
negotiation. If any Dispute arises, the Client and Company agree to first discuss the matter and
attempt to reach a mutually agreeable solution. In the event that negotiation fails, the parties
may consider mediation or another form of alternative dispute resolution. Only if those methods
do not resolve the issue will litigation be pursued. Each party will be responsible for its own
attorneys’ fees and costs, except as provided under any indemnification obligations or if a court
awards fees in a judgment.
Any cause of action or claim you may have arising out of or relating to these Terms or the
Services must be commenced within the time period allowed by applicable law (for example,
within two years of the cause of action accruing, if that is the statutory limit in California for the
type of claim), or else such cause of action is permanently barred. This section does not
supersede any specific statute of limitations that might apply but serves as a notice not to delay
any claims unduly.
Changes to Terms
Cheyenne Summer Media LLC reserves the right to update, modify, or revise these Terms of
Service at any time. If we make significant changes, we will post the updated Terms on our
website (and update the “Last Updated” date at the top, if one is provided) and, if feasible, notify
clients who have upcoming projects or ongoing engagements of the changes. Continued use
of our website or Services after any such changes constitutes your acceptance of the
revised Terms. We recommend reviewing the Terms periodically for any updates, especially
before booking new services. If you do not agree with any new or modified term, you must notify
us and (if you have an ongoing contract) we can discuss how to resolve any concerns –
however, please note that changes will not apply retroactively to work already completed or in
progress under a prior version of the Terms, unless both parties agree.These Terms (and any project-specific contract or written agreement we have with you)
constitute the entire understanding between you and Cheyenne Summer Media LLC regarding
the Services and supersede any prior discussions or agreements (oral or written) not specifically
incorporated herein. In the event of a direct conflict between these general Terms of Service and
a specific term in a signed contract or proposal for your project, the specific term of the signed
contract will govern for that project.
If any provision of these Terms is found to be illegal or unenforceable, the remaining provisions
shall remain in full force and effect. Our failure to enforce any right or provision of these Terms
does not constitute a waiver of such right or provision.
Contact Information
If you have any questions, concerns, or requests regarding these Terms or any of our services,
please contact us at:
Cheyenne Summer Media LLC
Email: cheyennesummermedia@gmail.com
Website: cheyennesummer.com
Mailing address and/or phone contact can be provided upon request (we primarily conduct
business via email and online communications). We value open communication and will be
happy to address any inquiries you have about these Terms or our Services.
By using the cheyennesummer.com website or booking services with Cheyenne Summer Media
LLC, you acknowledge that you have read, understood, and agree to these Terms of Service.
We thank you for your business and look forward to working with you to create amazing video
and photo content!
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.