LUV FILM CO RENTAL AGREEMENT
Last updated: June 2026
Introduction and Parties
This Rental Agreement (the “Agreement”) is a binding legal contract entered into by and between:
All Season Digital, LLC, a California limited liability company in good standing, doing business as Luv Film Co, with its principal place of business in San Luis Obispo, California (referred to in this Agreement as “Luv Film Co,” “we,” “us,” or “our”); and
You, the customer placing the order, whether identified on the order confirmation as the renter, the booking party, the engaged couple, or any individual completing checkout on luvfilm.co (referred to in this Agreement as “Customer,” “you,” or “your”).
Luv Film Co and the Customer are referred to together in this Agreement as the “Parties” and individually as a “Party.”
This Agreement becomes effective and binding at the earliest of the following: (a) the moment you check the acceptance box at checkout on luvfilm.co; (b) the moment you submit payment for any package, add-on, or service offered by Luv Film Co, including any deposit; or (c) the moment you take possession of any Equipment shipped by Luv Film Co (the “Effective Date”). You agree that any of the above actions constitutes your full, knowing, and voluntary acceptance of every term in this Agreement, whether or not you have read it in full. You acknowledge that you have been provided a reasonable opportunity to read this Agreement and to ask questions about it before proceeding.
Luv Film Co reserves the right to modify, amend, supplement, or replace any portion of this Agreement at any time and in its sole discretion. Modifications become effective immediately upon being posted to luvfilm.co. The version of this Agreement in effect on the date you place your order governs that order. Your continued use of our services, your continued possession of the Equipment, or any new order you place after a modification all constitute your acceptance of the modified Agreement.
IN CONSIDERATION of the mutual promises, covenants, and obligations described below, and for other good and valuable consideration, the receipt and sufficiency of which both Parties acknowledge, the Parties agree to the following terms and conditions.
Section 1. Purpose and Scope of Agreement
The purpose of this Agreement is to set forth the complete terms under which Luv Film Co will (a) rent video camcorder equipment to the Customer for use during the Customer’s wedding, wedding weekend, bachelorette or bachelor party, anniversary, or other event identified on the order confirmation (the “Event”), (b) where applicable, provide guest-footage collection services through which footage captured by the Customer’s guests is uploaded to Luv Film Co, and (c) provide post-production video editing services on the footage captured during that Event. Any physical product, equipment, accessory, memory card, battery, charger, case, instructional material, or packaging shipped to the Customer by Luv Film Co under this Agreement is referred to collectively as the “Equipment.” Any post-production services, including but not limited to color correction, video editing, audio editing, music selection, and final delivery of edited footage and raw footage, are referred to collectively as the “Editing Services.” The Equipment and the Editing Services are referred to together as the “Services.”
The Services to be provided under this Agreement are limited to those expressly listed in the order confirmation, invoice, or purchase receipt generated at the time the Customer completes checkout. Services not listed in those documents are not part of this Agreement, regardless of any verbal or written representation made before, during, or after checkout.
Package-Specific Application. Luv Film Co offers packages that include camcorder Equipment (the “Camcorder Packages”) and at least one package that includes no Equipment and consists solely of guest-footage collection and Editing Services (the “iPhone Film Package,” as described in Section 35). Where a provision of this Agreement refers to the Equipment, shipment, return, physical condition, loss, damage, or pre-Event hardware verification, that provision applies only to orders that include Equipment and has no application to an iPhone Film Package order. Section 35 governs the iPhone Film Package and controls over any conflicting Equipment-specific provision in the case of an iPhone Film Package order.
Section 2. Lease and Right to Refuse
For any order that includes Equipment, Luv Film Co hereby leases the Equipment to the Customer, and the Customer hereby leases the Equipment from Luv Film Co, for the duration of the Rental Period (defined in Section 4) and subject to every term of this Agreement.
Luv Film Co reserves the absolute and unconditional right, exercisable in its sole and unfettered discretion, to refuse, decline, suspend, or cancel any order placed by any person at any time, for any reason or for no reason, including before or after the order has been paid for and before or after the order confirmation has been delivered. Luv Film Co may, before accepting or fulfilling any order, gather and review information about the Customer from third-party sources, including but not limited to rental history databases, payment fraud screening services, credit reporting agencies, and publicly available information. If Luv Film Co declines or cancels the Customer’s order before the Equipment has shipped (or, for an iPhone Film Package, before any upload access has been issued), the Customer’s sole and exclusive remedy is a full refund of any amounts the Customer has paid for that specific declined order. The Customer waives any other claim, demand, or right to damages of any kind arising from such refusal or cancellation.
Section 3. Eligibility and Age Requirement
Due to the value of the Equipment and the legal capacity required to enter binding contracts, the Customer must be at least eighteen (18) years of age and otherwise legally competent to enter this Agreement. By placing an order, the Customer represents and warrants that the Customer meets these requirements. The Customer further agrees that no person under the age of 18 will be permitted to sign for, receive, take possession of, transport, operate, or return the Equipment on the Customer’s behalf or on behalf of any guest. If Luv Film Co becomes aware that a Customer is under 18 or has caused any person under 18 to handle the Equipment in violation of this Section, Luv Film Co may immediately terminate this Agreement, recall the Equipment, retain all amounts paid as liquidated damages for breach, and pursue any additional remedy available under applicable law.
The Customer hereby grants Luv Film Co permission to contact the Customer regarding the order, rental status, return reminders, billing, damage claims, customer service, and post-rental review requests, by any of the following means: United States mail, email, telephone call, SMS text message, or any other communication method for which the Customer has provided contact information at checkout. The Customer may opt out of marketing-only communications at any time without affecting transactional communications related to the rental.
Section 4. Rental Period and Term
This Section applies only to orders that include Equipment. The “Rental Period” begins on the date the parcel carrier engaged by Luv Film Co makes its first attempted delivery of the Equipment to the address provided by the Customer at checkout, regardless of whether that first attempt resulted in successful receipt by the Customer. For domestic Rental Periods, the Rental Period expires seventy-two (72) hours after the calendar date of the Event listed on the order confirmation. For example, if the Event date is a Saturday, the domestic Rental Period expires at 11:59 p.m. local time of the Tuesday immediately following. For international Rental Periods, the Rental Period is a minimum of fourteen (14) calendar days and expires on the final return shipping date communicated to the Customer in the written international booking confirmation, as further described in Section 11 of the Shipping & Delivery Policy.
Luv Film Co will use reasonable efforts to ensure the Equipment arrives at the Customer’s shipping address no later than 48 hours prior to the Event date, with typical domestic delivery occurring four (4) to six (6) days prior to the Event. International delivery timing is determined on a case-by-case basis. The exact delivery window is dependent on the parcel carrier’s schedule, the Customer’s shipping address, weather conditions, customs processing (for international shipments), and other factors outside Luv Film Co’s control, and is therefore an estimate only and not a guarantee. Any specific delivery date or window communicated to the Customer is a good-faith estimate and is not a contractual commitment. Equipment ship timing is further governed by Section 5, and no Equipment will ship until the entire order balance has been paid in full.
The Customer must ship the Equipment back to Luv Film Co before the parcel carrier’s last pickup or drop-off cutoff time on the final day of the Rental Period, using the prepaid return shipping label and shipping carrier designated by Luv Film Co, and using the original packaging and materials included with the Equipment when shipped. If the Customer elects to return the Equipment using a different shipping label, packaging, or carrier than those provided by Luv Film Co, and the Equipment is not received by Luv Film Co on or before the date it would have been received under the original return method, Luv Film Co may, without further notice: (a) charge the Customer for additional rental days at Luv Film Co’s then-current daily rental rate; (b) charge the Customer for any expedited shipping costs incurred to retrieve the Equipment; (c) charge the Customer a Loss of Use Fee as described in Section 13; and (d) treat the Equipment as not returned for purposes of Section 13.
Section 5. Payment, Deposit, Balance, Pricing, and Non-Refundable Retainer
Payment Options. At checkout the Customer selects one of two payment paths: (a) Pay in Full, in which the entire order total is paid at the time of booking; or (b) Reserve with Deposit, in which the Customer pays a non-refundable reservation deposit (the “Deposit”) at the time of booking and pays the remaining balance (the “Balance”) on the schedule described below. Both paths create a binding, fully non-refundable obligation as described in this Section. Except for these two paths, Luv Film Co does not accept partial payment, installment plans, layaway arrangements, or post-Event billing, unless expressly offered through a financing partner integrated at checkout.
Reserve with Deposit; Balance Due Date. If the Customer selects Reserve with Deposit, the Customer authorizes and agrees to pay the Balance in full no later than thirty (30) calendar days before the Event date (the “Balance Due Date”). If the Customer books fewer than thirty (30) days before the Event date, the entire order total is due at the time of booking and the Reserve with Deposit option is not available for that order. The Customer authorizes Luv Film Co to charge the Customer’s payment method on file for the Balance on or after the Balance Due Date without further notice or further consent. It is the Customer’s responsibility to maintain a valid payment method on file through the Balance Due Date.
Payment in Full Required Before Shipment or Service. Luv Film Co will not ship any Equipment, and will not issue any custom upload link, QR code, or guest-upload access for an iPhone Film Package, until the entire order total has been paid in full and the funds have cleared. If the Balance is not paid in full by the Balance Due Date, the order is in default under Section 17, no Equipment will ship and no upload access will issue, the Event date reservation may be released, and the Customer remains liable for the entire order total as described below. Any delay in shipment or in issuing upload access caused by the Customer’s failure to pay the Balance on time is the sole responsibility of the Customer, and Luv Film Co bears no liability for footage not captured or Services not rendered as a result.
Entire Order Total Is Non-Refundable. The Customer expressly acknowledges and agrees that the entire order total, including both the Deposit and the Balance, is a non-refundable retainer (collectively, the “Retainer”). The Deposit is fully earned and non-refundable at the moment of booking. The Balance is fully earned and non-refundable at the moment it is paid. Once the Customer has paid any amount toward an order, whether the Deposit alone or the Deposit and the Balance, that amount is non-refundable and will not be returned to the Customer under any circumstances except where this Agreement expressly provides a refund (namely, a qualifying claim under the Luv Film Co Promise in Section 11, a pre-shipment order cancellation by Luv Film Co under Section 2 or Section 15, or a failure-to-perform refund by Luv Film Co under Section 20). No refund of the Deposit or the Balance is due upon cancellation by the Customer, regardless of when the cancellation occurs or the reason for it.
Balance Obligation Survives Cancellation. The Customer’s obligation to pay the full order total is a binding financial commitment that arises at booking and is not extinguished by cancellation, change of plans, change of mind, financial hardship, illness, family emergency, vendor dispute, calling off or postponement of the wedding or Event, change of venue, or any other personal reason. If the Customer cancels or fails to pay the Balance after reserving with a Deposit, the Customer forfeits the Deposit and Luv Film Co may, in its sole discretion, either (a) treat the unpaid Balance as no longer collectible and retain the Deposit as its liquidated damages for that order, or (b) where the Customer has taken possession of Equipment, received upload access, or otherwise triggered Luv Film Co’s full performance obligations, pursue the unpaid Balance as a debt owed under Section 17. The Customer agrees that the Retainer is a fair and reasonable estimate of the damages Luv Film Co would suffer in the event of cancellation, that it is not a penalty, and waives any argument that the Retainer is unenforceable as a liquidated damages provision.
What the Retainer Compensates. The Retainer compensates Luv Film Co for: (a) reserving the Equipment or editing capacity for the Customer’s specific Event date; (b) declining other potential customers, projects, and bookings for that date; (c) preparing, testing, cleaning, and packaging the Equipment for shipment, or preparing guest-upload infrastructure; (d) administrative and processing costs already incurred; (e) the loss of opportunity to rent that Equipment or commit that capacity to another customer; and (f) commitment of editing capacity. The Retainer is fully earned by Luv Film Co as described above, irrespective of the payment method used by the Customer and irrespective of whether the Equipment is ultimately shipped, used, returned, whether upload access is used, or whether the Event takes place.
Pricing. All prices listed on luvfilm.co are subject to change at any time and without prior notice. The price that governs any given order is the price displayed on the order confirmation generated at the time the Customer’s payment or Deposit is processed. Promotional discounts, coupon codes, and seasonal pricing are valid only during the periods stated and may not be applied retroactively. Luv Film Co reserves the right to honor or decline any promotional code in its sole discretion. International rentals are subject to an international shipping surcharge as described in Section 11 of the Shipping & Delivery Policy.
Payment Method on File. By placing an order, the Customer authorizes Luv Film Co to retain the Customer’s payment method information on file and to charge that payment method, without further notice, for any of the following: (a) the Deposit; (b) the Balance on or after the Balance Due Date; (c) the original order total; (d) any add-on services, upgrades, or additional rentals ordered by the Customer; (e) any rescheduling fees, late return fees, additional rental day fees, or Loss of Use Fees; (f) any cleaning fees, damage repair charges, or full replacement costs for damaged or unreturned Equipment; (g) any taxes, shipping charges, customs duties, or governmental fees properly assessed; and (h) any other amount owed by the Customer under this Agreement. This authorization continues in effect until all amounts owed by the Customer to Luv Film Co have been paid in full and, for orders that include Equipment, the Equipment has been returned in good condition.
Section 6. Use of the Equipment by the Customer
This Section applies only to orders that include Equipment. The Customer agrees to use the Equipment only in a careful, safe, lawful, and reasonable manner and to follow all applicable instructions, warnings, and recommendations provided by Luv Film Co or by the original equipment manufacturer. The Customer shall comply with all federal, state, county, and municipal laws, regulations, and ordinances applicable to the possession, transportation, use, storage, and operation of the Equipment.
Without limiting the generality of the foregoing, the Customer agrees that the Customer will not, and will not permit any guest or third party to:
(a) use the Equipment for any unlawful purpose or in any manner that could subject Luv Film Co to civil or criminal liability;
(b) attempt to disassemble, open, repair, modify, alter, reverse-engineer, or service the Equipment in any way, regardless of who or what caused the issue, even if such action is intended to be helpful;
(c) attach, splice, or connect the Equipment to any device, accessory, or peripheral not expressly provided or approved by Luv Film Co;
(d) use the Equipment in conditions that would foreseeably damage it, including without limitation submersion in water, exposure to extreme temperatures, exposure to sand, dust, or saltwater, or use during precipitation without protective covering provided or approved by Luv Film Co;
(e) record any individual without that individual’s knowledge or consent in a manner that violates applicable privacy or recording laws;
(f) leave the Equipment unattended in any vehicle, public space, or unsecured location;
(g) ship, transport, or carry the Equipment outside the continental United States without prior written authorization from Luv Film Co; provided, however, that a written confirmation of an international booking issued by Luv Film Co under Section 11 of the Shipping & Delivery Policy constitutes such prior written authorization for the destination, dates, and travel arrangement identified in that confirmation;
(h) lend, sublease, rent, transfer, gift, or otherwise allow possession of the Equipment to pass to any third party other than guests at the Event;
(i) use the Equipment for any commercial purpose, including but not limited to filming a paid event, paid shoot, commercial production, social media monetization, or content creation for compensation; or
(j) deface, alter, remove, or obscure any serial number, label, mark, logo, or identifying information on the Equipment.
The Customer is solely responsible for the Equipment from the moment of first attempted delivery until Luv Film Co confirms receipt of the returned Equipment in good condition. This includes responsibility for any damage caused by guests, family members, vendors, venue staff, or any other person who handles the Equipment during the Rental Period, whether or not such handling was authorized by the Customer.
Section 7. Customer Representations and Equipment Warranties
Customer’s Independent Selection. The Customer expressly acknowledges and agrees that the Customer selected the Equipment, package, and add-ons based on the Customer’s own research, judgment, and assessment of fitness for the Customer’s intended Event, and not in reliance on any representation, suggestion, recommendation, statement, or advice from Luv Film Co or any of its employees, contractors, or agents. The Customer assumes all risk that the Equipment may be unsuitable for the Customer’s particular Event, venue, lighting conditions, audio environment, or aesthetic preferences.
Luv Film Co’s Limited Warranties. Luv Film Co represents and warrants, solely to the extent stated in this paragraph and not otherwise, that as of the date the Equipment is shipped to the Customer: (1) to the best of Luv Film Co’s knowledge, the Equipment is free of known material defects and is in good working order; (2) Luv Film Co has performed reasonable pre-shipment testing and maintenance, including powering on the Equipment, verifying recording functionality, confirming battery operation, and inspecting for visible damage; and (3) Luv Film Co has the legal right to enter into this Agreement and to lease the Equipment to the Customer.
DISCLAIMER OF ALL OTHER WARRANTIES. EXCEPT FOR THE EXPRESS WARRANTIES STATED IMMEDIATELY ABOVE, THE EQUIPMENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY OR GUARANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. LUV FILM CO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DURABILITY, TITLE, OR QUIET ENJOYMENT. NO ORAL OR WRITTEN INFORMATION PROVIDED BY LUV FILM CO OR ITS REPRESENTATIVES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Customer Acknowledgments Regarding Liability. The Customer expressly agrees that: (a) Luv Film Co is not responsible for, and will not be liable for, production downtime, footage loss, lost profits, lost wages, missed memories, emotional distress, indirect damages, consequential damages, punitive damages, special damages, exemplary damages, or any other category of damages beyond the direct cost of the Services paid by the Customer; and (b) except as expressly stated in this Agreement, the Customer bears full responsibility for all costs and consequences associated with the Customer’s selection, use, possession, transportation, operation, return, or failure to return the Equipment for any reason, including without limitation any cost arising from the Customer’s own negligence, gross negligence, recklessness, or willful misconduct, or that of any guest, vendor, or third party at the Event.
Cap on Liability. Luv Film Co’s maximum aggregate liability arising out of or relating to this Agreement, the Services, or the Equipment, under any legal theory whatsoever, is limited to the total amount actually paid by the Customer to Luv Film Co for the specific order at issue. This cap applies cumulatively across all claims by the Customer and all related parties.
Section 8. Delivery of Equipment and Editing Services
Equipment Delivery. For orders that include Equipment, Luv Film Co will use commercially reasonable efforts to ensure that the Equipment is delivered to the Customer at least 48 hours prior to the Event date, with typical domestic delivery falling four to six days prior to the Event, provided that the entire order total has been paid in full as required by Section 5. International delivery timing is communicated at the time of international booking confirmation. Luv Film Co does not control the carrier and disclaims any guarantee of any specific arrival date. The Customer is encouraged to enter accurate shipping information at checkout (or in the international inquiry process) and to be available to receive the package during typical delivery hours.
If the Customer wishes to change the shipping address after placing the order, the Customer must notify Luv Film Co in writing at hello@luvfilm.co at least seven (7) calendar days before the originally scheduled ship date. Address changes requested less than seven days before ship date may not be honored, and Luv Film Co bears no responsibility for late or failed delivery resulting from a late address change.
Federal Holiday Restrictions. Luv Film Co does not ship on United States federal holidays, on weekends, or on dates when its shipping carriers are not operating. International shipments are additionally subject to non-shipping days, customs office closures, and public holidays in the destination country. The Customer agrees to account for these restrictions when selecting an Event date close to a federal or destination-country holiday.
Delivery of Editing Services and Final Video. Luv Film Co will use commercially reasonable efforts to deliver the edited highlight video and all raw footage to the Customer within two to four (2-4) weeks following Luv Film Co’s receipt of the returned Equipment or, for an iPhone Film Package, following the close of the guest-upload window. In periods of high volume, during the peak wedding season (April through October), or where technical issues require additional editing time, Luv Film Co reserves up to sixteen (16) weeks from that date to deliver the final Editing Services. A delivery delay within this 16-week window does not constitute a breach of this Agreement and does not entitle the Customer to any refund, credit, discount, or other remedy. Luv Film Co will provide reasonable status updates upon written request from the Customer.
The Editing Services are delivered electronically through a download link, cloud storage link, or similar digital delivery method. The Customer is responsible for downloading and backing up the delivered files within thirty (30) days of delivery. Luv Film Co is not obligated to retain copies of the footage beyond ninety (90) days following delivery, and Luv Film Co bears no responsibility for footage lost due to the Customer’s failure to download or back up the delivered files.
Multi-Item Orders and Out-of-Stock Items. Luv Film Co will make reasonable efforts to ship all Equipment in a single shipment, but reserves the right to split shipments where necessary. If any Equipment is out of stock at the time of fulfillment, Luv Film Co will inform the Customer, and the Customer may either: (a) accept a substitute item of equal or greater value; (b) accept partial fulfillment with a partial refund for the unavailable item; or (c) cancel the entire order for a full refund. Luv Film Co provides no guarantee of Equipment availability and any availability shown on the website is based on the assumption that prior customers will return Equipment on time. The Customer will be charged only for Equipment actually shipped, plus any applicable shipping charges quoted at checkout.
Section 9. Customer Pre-Event Verification Protocol
This Section applies only to orders that include Equipment and is material to the Customer’s rights under Section 11 (the Luv Film Co Promise). The Customer’s failure to follow this Section is a complete bar to any claim for refund or credit under the Luv Film Co Promise.
Luv Film Co’s Pre-Shipment Testing. Luv Film Co thoroughly inspects, cleans, and tests every Camera, battery, charger, and memory card before shipment to each Customer. Pre-shipment testing includes powering on the Camera, recording multiple test clips of varying lengths and lighting conditions, playing back those test clips to verify video and audio capture, confirming that batteries hold and discharge as expected, formatting and testing the memory card, and inspecting the housing, lens, microphone, and connection ports for visible damage. Each Camera is signed off by a Luv Film Co technician before being packaged for shipment. The Customer acknowledges that this pre-shipment protocol establishes a strong presumption that the Equipment is in good working order at the time of shipment.
Customer’s Mandatory Pre-Event Verification. Within twenty-four (24) hours after the Customer receives the Equipment, and in no event later than twenty-four (24) hours before the Event begins, the Customer must perform and complete each of the following verification steps:
(a) Unbox and Power On. Remove the Camera from its packaging and confirm that the Camera powers on.
(b) Battery Verification. Charge the battery to full capacity using the charger included in the shipment, and confirm that the Camera operates on battery power.
(c) Memory Card Verification. Insert the memory card provided in the shipment, format the memory card using the Camera’s built-in format function if instructed, and confirm that the Camera recognizes the memory card and reports available recording time.
(d) Test Recording. Record at least three (3) separate test video clips, each of at least thirty (30) seconds in length, including at least one clip with audio (a person speaking near the Camera) and at least one clip in low-light conditions if the Customer anticipates any low-light filming during the Event.
(e) Playback Verification. Play back each test clip directly from the Camera or from the memory card via a separate device and confirm that video plays clearly, audio is captured, and there are no visible defects, freezes, glitches, or unusual artifacts.
(f) Issue Reporting. If any of the foregoing tests fails, produces a poor result, or reveals any issue with the Equipment, the Customer must immediately, and in no event later than twenty-four (24) hours after receiving the Equipment, notify Luv Film Co in writing at hello@luvfilm.co with a description of the issue. The Customer must then follow Section 10 (Non-Working Equipment) below.
Effect of Completing Verification. By completing all of the foregoing verification steps without reporting any issue to Luv Film Co, the Customer affirms and warrants to Luv Film Co that the Equipment was received in proper working order. Upon such completion (or upon the Customer’s failure to perform the verification at all), any subsequent malfunction, footage failure, recording failure, audio failure, or other issue arising during or after the Event is presumed to result from user error, accidental damage, environmental conditions, or third-party interference during the Customer’s possession of the Equipment, and is not the responsibility of Luv Film Co. The Customer bears the burden of proving, by clear and convincing evidence, that any such later-arising issue resulted from a latent defect in the Equipment that could not have been detected by the verification protocol above.
Failure to Verify Bars Recovery. The Customer’s failure to perform any of the verification steps in this Section is a complete and unconditional bar to any claim by the Customer for refund, credit, or other remedy under the Luv Film Co Promise (Section 11) or under any other section of this Agreement. The Customer waives any argument that the verification requirement is unreasonable, unenforceable, or unconscionable.
Section 10. Non-Working Equipment Procedure
This Section applies only to orders that include Equipment. If the Customer discovers, through the Section 9 verification protocol or otherwise during the Rental Period, that the Equipment is not functioning properly through no fault of the Customer, the Customer must:
(a) immediately stop using the Equipment;
(b) notify Luv Film Co in writing at hello@luvfilm.co with a detailed description of the issue, including what step of the verification protocol failed, what error message (if any) appeared, and any photo or video documentation;
(c) not attempt to repair, open, modify, reset (beyond a standard power cycle), or service the Equipment in any way;
(d) preserve the Equipment in its current condition pending Luv Film Co’s instructions; and
(e) follow any further reasonable instructions Luv Film Co provides for diagnosing, returning, or replacing the Equipment.
Upon receipt of a timely notice of malfunction, Luv Film Co will, at its option and depending on operational feasibility: (1) ship replacement Equipment (the “Replacement Equipment”) to the Customer at Luv Film Co’s expense; (2) issue a refund of the rental charges paid for the non-working Equipment if Replacement Equipment cannot be delivered in time for the Event; or (3) work with the Customer to troubleshoot the issue remotely if it appears to be resolvable without replacement. If Replacement Equipment is shipped, the rental charges associated with the original Equipment cease and the rental charges for the Replacement Equipment commence upon the Customer’s receipt of the Replacement Equipment.
If Luv Film Co receives Equipment back from the Customer that appears damaged or non-functional, Luv Film Co may send that Equipment to the manufacturer or to an independent qualified repair vendor for inspection and a damage report. The Customer and Luv Film Co agree in advance to be bound by the findings of that inspection as to the cause, nature, and extent of the damage, and as to whether the damage was the result of a latent defect, normal wear, or Customer misuse.
Section 11. The Luv Film Co Promise (Refund Eligibility)
In recognition of the importance of the Customer’s Event and the substantial trust the Customer places in Luv Film Co, Luv Film Co offers a limited refund guarantee called the “Luv Film Co Promise.” The Luv Film Co Promise is the sole and exclusive refund mechanism under this Agreement. The Customer agrees that the conditions, limitations, and exclusions described in this Section are reasonable, are part of the consideration for the Services, and govern any refund claim regardless of how the claim is framed by the Customer. Nothing in this Section creates any right to refund of the Deposit or the Balance outside the specific scenarios listed below; the entire order total is otherwise non-refundable as stated in Section 5.
Covered Scenarios. The Customer may be eligible for a full refund of the amount actually paid for the affected order only if all of the following apply:
(a) The Customer fully complied with Section 9 (for orders that include Equipment). The Customer completed the entire pre-Event verification protocol, including the three test recordings and playback verification, and the verification confirmed that the Equipment was working properly upon receipt; AND
(b) The Customer used the Equipment as instructed (for orders that include Equipment). The Customer followed all setup, charging, recording, and storage instructions provided by Luv Film Co in the packaging, by email, by video, or on the website; AND
(c) One of the following scenarios occurred:
(i) Equipment Malfunction Despite Verification. The Equipment, after passing the Section 9 verification, malfunctioned in a manner that is determined by Luv Film Co or by the manufacturer’s inspection report to be the direct, sole, and proximate cause of footage failure, and the malfunction was not caused by user action, environmental factors, or electrical interference;
(ii) No Footage Recorded Despite Verification and Proper Operation. The Customer completed the Section 9 verification, used the Equipment in accordance with Luv Film Co’s instructions during the Event, and no usable video footage was captured during the Event, where Luv Film Co or the manufacturer’s inspection report confirms that the failure was attributable to an Equipment defect and not to user error, environmental conditions, accidental damage, or any disqualifying factor below; or
(iii) Package Lost in Transit. The package containing the Equipment was lost in transit by the parcel carrier and the Customer therefore received no Equipment to use at the Event, where the Customer cooperated reasonably with Luv Film Co’s efforts to locate the package and to ship a replacement before the Event. Customs seizures, customs holds, and packages held or detained by any foreign authority are not considered “lost in transit” for purposes of this subsection.
Disqualifying Factors. The Customer is not eligible for any refund under the Luv Film Co Promise, regardless of the circumstances and regardless of how sympathetic the situation, if any of the following applies:
(a) the Customer failed to perform any step of the Section 9 pre-Event verification (for orders that include Equipment);
(b) the Customer failed to return the Equipment to Luv Film Co (for orders that include Equipment);
(c) the Customer cancelled the booking before the Event (cancellations are governed by Section 19 and are subject to the non-refundable Retainer);
(d) the Customer failed to complete any setup procedure provided by Luv Film Co in the packaging, by email, or by video;
(e) the Customer failed to power on the Equipment at the Event (for orders that include Equipment);
(f) the Customer failed to insert, charge, or use the memory card or battery provided by Luv Film Co (for orders that include Equipment);
(g) the Customer used the Equipment for an event other than the Event listed on the order confirmation;
(h) the Equipment was damaged during the Customer’s possession by accident, drop, water exposure, sand, food or drink spill, theft, vandalism, vehicle accident, or any other physical event;
(i) the footage failure was caused, in whole or in part, by external factors beyond Luv Film Co’s control, including but not limited to electrical interference, radio frequency interference, environmental conditions, lighting conditions, audio conditions at the venue, weather, customs delays or seizures, or the actions of any third party (including the Customer’s guests, vendors, venue staff, or other event participants);
(j) the Customer is dissatisfied with the artistic quality, style, length, music selection, color grading, pacing, or editorial choices made in the final video, all of which are governed by Section 25 (Artistic Release) and are not refundable; or
(k) the Customer is dissatisfied with anything other than the express scenarios listed under “Covered Scenarios” above.
Claim Procedure. All claims under the Luv Film Co Promise must be submitted in writing to hello@luvfilm.co within fourteen (14) calendar days following the Event date. The Customer’s claim must include: a description of the issue, the date and time the issue was discovered, documentation of the Section 9 verification (such as confirmation that the test clips were recorded, for orders that include Equipment), and any supporting evidence the Customer wishes Luv Film Co to consider. Luv Film Co will review the claim, may request the return of the Equipment for inspection, may consult the manufacturer or a third-party technician, and will issue a written determination within thirty (30) days of receiving a complete claim. The determination of Luv Film Co, made in good faith, is final and binding on both Parties.
Section 12. Used and Pre-Rented Equipment
This Section applies only to orders that include Equipment. The Customer acknowledges and agrees that the Equipment provided by Luv Film Co may have been previously rented, may show cosmetic wear consistent with use over time, and may have minor scratches, scuffs, or dings on the housing, lens, or accessories. Such cosmetic wear is normal and expected, and is not a defect for purposes of this Agreement. Luv Film Co warrants only that the Equipment, regardless of cosmetic appearance, will be in proper working condition at the time of shipment as confirmed by the pre-shipment testing protocol described in Section 9. The Customer’s discovery of cosmetic wear is not grounds for refund, replacement, complaint, or any other remedy. If the Customer believes the Equipment is not in proper working condition (rather than merely cosmetically worn), the Customer must follow Section 10.
Section 13. Loss, Damage, Cleaning Fees, and Loss of Use
This Section applies only to orders that include Equipment.
Risk of Loss. From the moment of first attempted delivery by the parcel carrier until Luv Film Co confirms receipt of the returned Equipment in good condition, the Customer assumes the entire risk of loss, theft, damage, destruction, customs seizure, or disappearance of the Equipment, from any and every cause whatsoever, regardless of fault. No loss, damage, or destruction of the Equipment, or any video footage generated by the Equipment, suspends or excuses any of the Customer’s obligations under this Agreement.
Damage Repair Charge. If the Equipment is damaged during the Customer’s possession by any cause whatsoever (other than a latent manufacturing defect that could not have been detected by the Section 9 verification), Luv Film Co may, without notice and at its sole discretion: (a) charge the Customer’s payment method on file for the full cost of repair, up to a maximum of seven hundred dollars ($700.00) per Camera or per damaged accessory; and (b) cause the repair to be performed by a vendor of Luv Film Co’s choosing.
Full Replacement Charge. If the Equipment is lost, stolen, not returned, or damaged beyond economical repair, the Customer is liable to Luv Film Co for the full replacement cost of the Equipment at retail value, without deduction for depreciation. For Equipment lost, damaged, or unreturned during an international rental, the replacement cost includes any additional costs reasonably incurred by Luv Film Co to source and ship replacement Equipment, including international shipping, customs duties, and applicable taxes. Luv Film Co may charge the Customer’s payment method on file for this full replacement cost.
Loss of Use Fee. In addition to repair charges or replacement charges, Luv Film Co may charge the Customer a “Loss of Use Fee” equal to Luv Film Co’s standard daily rental rate for the affected Equipment, multiplied by the number of days the Equipment is unavailable to rent to other customers as a result of the damage, loss, or late return. The Loss of Use Fee runs from the date the Equipment should have been returned (or, in the case of damage, from the date the damage is discovered) through the date the Equipment is repaired, replaced, or returned and back in service.
Cleaning Fee. The Customer must return the Equipment in clean condition. “Clean” means free of dirt, food, drink, makeup, perfume, smoke odor, bodily fluids, sand, and any other foreign substance, as reasonably determined by Luv Film Co. If the returned Equipment is dirty in Luv Film Co’s reasonable judgment, Luv Film Co may charge the Customer a reasonable Cleaning Fee, not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) depending on the severity of cleaning required.
Authorization to Charge. The Customer expressly authorizes Luv Film Co to charge the Customer’s payment method on file for any and all amounts owed under this Section, without further notice and without further consent from the Customer.
Section 14. Insurance and Authorization Holds
This Section applies only to orders that include Equipment. Luv Film Co may, in its sole discretion, require any Customer to: (a) place an authorization hold on the Customer’s payment method on file in an amount determined by Luv Film Co (typically not less than the replacement cost of the Equipment) for the duration of the Rental Period; or (b) maintain insurance covering the Equipment for the full replacement value during the Rental Period. If the Customer elects to maintain insurance, the Customer shall name “All Season Digital, LLC dba Luv Film Co” as an additional insured on the Customer’s policy and shall provide Luv Film Co with a certificate of insurance at least seven days before shipment. The existence of insurance does not relieve the Customer of any other obligation under this Agreement, including the obligation to pay damages directly to Luv Film Co under Section 13.
Section 15. Order Acceptance, Typographical Errors, and Out-of-Stock Items
Order Acceptance. The Customer’s receipt of an electronic order confirmation, payment receipt, deposit receipt, or any similar acknowledgment does not constitute Luv Film Co’s acceptance of the order or formation of a binding rental commitment. Luv Film Co reserves the right, at any time after receipt of the Customer’s order and for any reason or no reason, to accept the order, decline the order, supply less than the quantity ordered, modify the order, or cancel the order in whole or in part. If Luv Film Co declines or cancels the order before shipment (or, for an iPhone Film Package, before upload access has been issued), the Customer’s sole remedy is a refund of amounts paid for the cancelled portion.
Typographical Errors. Pricing, package descriptions, availability, and other information on luvfilm.co may contain typographical errors, inaccuracies, or omissions. Luv Film Co reserves the right to correct any error and to refuse, cancel, or modify any order placed based on an erroneous listing, even if the Customer’s payment method has been charged. If Luv Film Co cancels an order due to a pricing or listing error, Luv Film Co will refund the affected amount in full.
Out-of-Stock Items. Out-of-stock handling is governed by Section 8 above.
Section 16. Taxes, Duties, and Customs
The Customer is solely responsible for any sales, use, rental, excise, gross receipts, value-added, property, customs, import, or similar taxes, duties, or fees assessed by any federal, state, county, municipal, or foreign authority in connection with the Customer’s order, except for taxes based on Luv Film Co’s net income. For international rentals, the Customer is additionally responsible for all customs duties, import taxes, value-added taxes (VAT), brokerage fees, handling fees, and any other charges assessed by the destination country on either the outbound shipment or the return shipment.
To the extent Luv Film Co is required by law to collect and remit any such taxes or fees, Luv Film Co will do so and may include such taxes on the order confirmation. The Customer shall keep the Equipment free and clear of all levies, liens, encumbrances, attachments, and third-party claims. The Customer indemnifies and holds Luv Film Co harmless from any tax, duty, fee, penalty, or interest arising out of the Customer’s order, lease, use, or possession of the Equipment, except for taxes based on Luv Film Co’s net income.
Section 17. Default and Remedies
The Customer is in default under this Agreement upon the occurrence of any of the following:
(a) the Customer fails to pay any amount owed to Luv Film Co, including the Balance, within ten (10) days after the date such amount is due (and, with respect to the Balance, failure to pay in full by the Balance Due Date is an immediate default);
(b) the Customer fails to return the Equipment by the end of the Rental Period;
(c) the Customer breaches any other material provision of this Agreement;
(d) any representation or warranty made by the Customer to Luv Film Co is materially false when made;
(e) the Customer’s payment method is declined, charged back, or disputed without good cause; or
(f) the Customer becomes the subject of a bankruptcy or insolvency proceeding as described in Section 18.
Upon any default by the Customer, Luv Film Co may exercise any one or more of the following remedies, cumulatively and without prior notice or demand:
(a) charge the Customer’s payment method on file for all amounts owed, including the Balance, late fees, repair costs, replacement costs, Loss of Use Fees, Cleaning Fees, collection costs, attorney’s fees, and any other amount permitted under this Agreement;
(b) sue for and recover all rents, fees, and other amounts then accrued or thereafter accruing;
(c) repossess the Equipment, wherever located, without court order, court process, or any other formal legal proceeding, and the Customer hereby waives any and all damages, claims, and causes of action arising from such repossession;
(d) withhold shipment of Equipment, withhold issuance of upload access, or withhold delivery of any Editing Services until all amounts owed are paid in full;
(e) terminate this Agreement;
(f) report the default and any related amounts to credit reporting agencies, collection agencies, or rental history databases;
(g) refuse to provide any future Services to the Customer or to any related party;
(h) seek injunctive relief, specific performance, or any other equitable remedy; and
(i) pursue any other remedy available at law or in equity.
All of Luv Film Co’s remedies are cumulative and may be exercised concurrently, separately, or in any combination. No exercise of any remedy excludes or waives any other remedy. The Customer’s payment obligations and other obligations survive the exercise of any remedy by Luv Film Co.
Section 18. Bankruptcy
If the Customer files or has filed against the Customer any voluntary or involuntary petition under the United States Bankruptcy Code or under any similar federal or state insolvency law; if the Customer is adjudicated insolvent; if the Customer makes any general assignment for the benefit of creditors; if a writ of attachment or execution is levied on the Equipment and is not released or satisfied within ten (10) days; or if a receiver, trustee, or similar fiduciary is appointed with authority over the Customer or over the Equipment, then Luv Film Co may, at its option and without notice, immediately terminate this Agreement, declare all amounts immediately due and payable, repossess the Equipment, and pursue any other remedy under Section 17. Upon any such termination, this Agreement and the rental of the Equipment shall not be treated as an asset of the Customer’s bankruptcy estate.
Section 19. Cancellation, Rescheduling, and No-Shows
Cancellation by Customer. The Customer may notify Luv Film Co of a cancellation at any time. Because the Customer’s payment is a non-refundable Retainer (Section 5), no refund of any amount, including the Deposit or any portion of the Balance already paid, is due to the Customer upon cancellation, regardless of when the cancellation occurs or the reason for it, including without limitation cancellation due to: change of plans, change of mind, financial hardship, illness, family emergency, vendor dispute, calling off or postponement of the wedding or Event, change of venue, or any other personal reason. If the Customer reserved with a Deposit and cancels before paying the Balance, the Customer forfeits the Deposit as described in Section 5. Luv Film Co has no obligation to attempt to re-book the cancelled date and is entitled to retain the full Retainer in any event.
Goodwill Credit (Discretionary). If Luv Film Co is, in its sole discretion, able to re-book the cancelled date with another customer at full rate, Luv Film Co may (but is not required to) issue the Customer a partial credit toward a future booking, in an amount determined by Luv Film Co. Any such credit is a gesture of goodwill and not an obligation. Credits are non-transferable, expire twelve (12) months from issuance, and are subject to availability on the future requested date.
Rescheduling. Rescheduling is permitted only at Luv Film Co’s sole discretion and only subject to Equipment availability on the new requested date. Luv Film Co may charge a rescheduling fee of up to two hundred and fifty dollars ($250.00). Rescheduling requests made less than thirty (30) days before the original Event date are subject to a higher fee or may be denied entirely. The Customer is not entitled to reschedule as of right. A reschedule does not refund or reduce any amount already paid, and the Balance Due Date is recalculated against the new Event date.
No-Show or Event Does Not Occur. If the Event is cancelled, postponed indefinitely, does not take place for any reason, or the Customer simply does not use the Equipment at the Event, the Customer remains fully responsible for: (a) the full order total (no refund of the Deposit or the Balance); (b) returning the Equipment to Luv Film Co by the end of the Rental Period (for orders that include Equipment); and (c) any damage, loss, or cleaning fees that may apply.
Customer-Side Impossibility. If it becomes impossible or impractical for Luv Film Co to render the Services because of any act or omission of the Customer, the Customer’s family, the Customer’s vendors, or any other party related to the Customer (including without limitation failure of essential parties to attend the Event, failure of the Event to occur, failure to provide accurate shipping information, failure to be present to receive the Equipment, failure to pay the Balance, failure of guests to upload footage, or similar circumstances), the Customer is not relieved of any payment or other obligation under this Agreement.
Section 20. Failure by Luv Film Co to Perform
If, despite Luv Film Co’s reasonable efforts, Luv Film Co determines that it cannot or will not perform some or all of its obligations under this Agreement, Luv Film Co will, as the Customer’s sole and exclusive remedy:
(a) provide written notice to the Customer as soon as reasonably possible;
(b) attempt to identify another qualified provider who may be able to perform in Luv Film Co’s place, subject to the Customer’s reasonable consent;
(c) if no replacement provider is available or accepted, issue a refund or credit in an amount that fairly reflects the portion of Services not yet rendered, based on Luv Film Co’s good-faith calculation; and
(d) excuse the Customer from any further payment obligation related to the unperformed portion.
The Customer’s recovery against Luv Film Co under this Section, and under this Agreement generally, is capped at the amount actually paid by the Customer to Luv Film Co for the affected order.
Section 21. Force Majeure
Luv Film Co is not liable to the Customer, and is not in breach of this Agreement, for any failure or delay in performance caused, in whole or in part, by any event or circumstance outside Luv Film Co’s reasonable control, including without limitation: acts of God, natural disasters, severe weather, fire, flood, earthquake, hurricane, tornado, wildfire, smoke event, pandemic, epidemic, public health emergency, government quarantine or shutdown order, strike, lockout, labor dispute, war, terrorism, civil unrest, riot, insurrection, governmental action or inaction, change of law, embargo, sanctions, customs delays or seizures, internet outage, telecommunications failure, power failure, parcel carrier disruption, manufacturer recall, supply chain disruption, or any other similar event. Luv Film Co’s performance is suspended for the duration of the force majeure event and for a reasonable period afterward to allow for resumption of normal operations. If a force majeure event prevents performance for more than ninety (90) days, either Party may terminate this Agreement, and Luv Film Co’s only obligation is to refund the portion of the Retainer that fairly corresponds to Services not yet rendered, in Luv Film Co’s good-faith determination.
Section 22. Exclusivity
The Customer agrees that Luv Film Co is the exclusive provider of handheld camcorder rental services and guest-footage collection-and-edit services for the Customer’s Event. During the Rental Period and at the location of the Event, the Customer shall not engage, retain, or permit any other vendor to provide the same or substantially similar services, whether paid or unpaid. The Customer may, of course, retain any traditional videographer, photographer, photo booth operator, or other distinct service provider, since those are not the same or similar services as those provided by Luv Film Co. This exclusivity provision exists to allow Luv Film Co to provide a focused, high-quality service and is a material part of the consideration for this Agreement.
Section 23. Ownership of Equipment
This Section applies only to orders that include Equipment. Title to and ownership of the Equipment remain at all times the sole and exclusive property of Luv Film Co. The Customer has no ownership interest in, lien on, or other right, title, or interest in the Equipment, other than the limited right to use the Equipment during the Rental Period as expressly described in this Agreement. The Customer shall not allow any lien, encumbrance, levy, attachment, or claim of any third party to attach to the Equipment, and shall promptly notify Luv Film Co of any such attempt. The Customer shall take all reasonable steps to keep the Equipment free of all third-party claims and shall affix any markings or labels Luv Film Co requires to identify the Equipment as the property of Luv Film Co.
Section 24. Intellectual Property and Copyright
Copyright in Edited Works. Luv Film Co is the sole and exclusive owner of all copyright, moral rights, and other intellectual property rights in any and all edited videos, highlight films, color-graded footage, and other creative works it produces from the Customer’s footage pursuant to this Agreement, as the author of those works under 17 U.S.C. § 201 and corresponding state and international laws. All such works are owned by Luv Film Co whether or not the copyright is registered.
Personal-Use License to Customer. Subject to the Customer’s full performance of all obligations under this Agreement, including payment of the entire order total, Luv Film Co grants the Customer a non-exclusive, royalty-free, worldwide, perpetual license to use the edited video and raw footage solely for personal, non-commercial purposes, including: (a) posting on the Customer’s personal social media accounts; (b) embedding or displaying on the Customer’s personal website or wedding website; (c) sharing privately with family, friends, and Event guests; and (d) printing personal stills for personal use. The Customer shall provide reasonable credit to Luv Film Co when posting the edited works on any public-facing channel. The Customer may not: (i) use the edited work or raw footage for any commercial purpose; (ii) license, sublicense, sell, resell, or distribute the work for compensation; (iii) submit the work to any contest, festival, or commercial publication without Luv Film Co’s prior written consent; or (iv) remove Luv Film Co’s branding, watermark, or attribution from any work in which it appears.
Luv Film Co’s Marketing License to Footage. By placing an order, the Customer hereby grants to Luv Film Co an irrevocable, worldwide, royalty-free, perpetual, sublicensable license to: (a) review any and all footage captured on the Equipment or uploaded by the Customer’s guests for quality control, training, and operational purposes; and (b) use, reproduce, edit, display, distribute, and publish selected portions of the footage in Luv Film Co’s marketing, advertising, website, social media, portfolio, sales materials, case studies, and promotional content, in any medium now known or hereafter developed. Luv Film Co will exercise reasonable professional judgment in selecting footage for marketing use and will not knowingly publish footage containing nudity, sexual content, illegal activity, or otherwise inappropriate material.
Opt-Out of Marketing Use. The Customer may opt out of the marketing license described in subsection (b) above by sending a written request to hello@luvfilm.co before the start of the Rental Period or, for an iPhone Film Package, before any guest footage is uploaded. Opting out does not affect the quality-control review license in subsection (a), does not retroactively apply to any prior order, and does not relieve the Customer of any other obligation under this Agreement.
Section 25. Artistic Release and Creative Judgment
The Customer represents that the Customer has reviewed Luv Film Co’s portfolio, sample edits, social media content, and prior work, and has formed a reasonable expectation of the style and quality of Editing Services Luv Film Co provides. The Customer has selected Luv Film Co based on that style.
The Customer understands and agrees that:
(a) every Event, couple, family, and edit is different, and Luv Film Co’s output will vary accordingly;
(b) video editing is a creative service involving subjective artistic decisions including but not limited to footage selection, structure, pacing, color, music, audio mixing, and length;
(c) Luv Film Co has a distinct creative point of view that evolves over time and may not match the Customer’s preferred style on every element;
(d) Luv Film Co will use reasonable efforts to consider any specific requests, song preferences, or moments-to-include lists provided by the Customer in writing at least seven days before the Event;
(e) Luv Film Co retains final artistic authority over color grading, music selection, structural choices, pacing, length, audio mixing, and any other aesthetic element of the edited work; and
(f) the Customer’s dissatisfaction with any aesthetic, length, music, pacing, structural, or creative element of the final edit is not a valid reason for termination of this Agreement, refund, credit, or any other remedy.
After delivery of the edited work, the Customer is entitled to one (1) round of minor revision requests, submitted in writing within fourteen (14) days of delivery, addressing clearly identifiable issues such as misnamed people, incorrectly captioned dates, or specific moments the Customer would like removed for personal privacy reasons. Major re-edits, structural reworks, music changes, restyling, or revisions requested more than fourteen days after delivery are not covered and may be quoted as paid additional work in Luv Film Co’s sole discretion.
Section 26. Indemnification
The Customer shall defend, indemnify, and hold harmless Luv Film Co, its parent companies, subsidiaries, affiliates, members, managers, officers, directors, employees, contractors, agents, licensors, suppliers, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, suits, proceedings, investigations, judgments, awards, fines, penalties, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees, expert fees, and court costs) arising out of, connected with, related to, or resulting from any of the following:
(a) the Customer’s use, possession, transportation, operation, storage, return, or failure to return the Equipment;
(b) the Customer’s breach of this Agreement;
(c) any act or omission by the Customer, any guest at the Event, any vendor retained by the Customer, or any third party at the Event in connection with the Equipment or with the uploading of guest footage;
(d) any injury to person or damage to property caused by or arising from the Customer’s use of the Equipment;
(e) any violation by the Customer of any law, regulation, ordinance, or third-party right (including privacy, publicity, or intellectual property rights of any individual recorded by the Equipment or appearing in uploaded guest footage); and
(f) any claim that any content recorded on the Equipment, or uploaded by the Customer or the Customer’s guests, infringes, defames, or otherwise violates any third-party right.
The Customer’s obligations under this Section survive termination of this Agreement.
Section 27. Limitation of Liability and Maximum Damages
To the maximum extent permitted by law, the aggregate liability of Luv Film Co (and of all Indemnified Parties combined) arising out of or relating to this Agreement, the Equipment, or the Services, under any legal theory whatsoever (whether contract, tort, negligence, strict liability, statutory, or otherwise), is limited to the total amount actually paid by the Customer to Luv Film Co for the specific order at issue.
In no event shall Luv Film Co be liable to the Customer or to any third party for any indirect, incidental, consequential, special, punitive, exemplary, or aggravated damages of any kind, including without limitation: lost footage, missing memories, emotional distress, lost profits, lost revenue, lost wages, lost business opportunities, cost of substitute services, cost of substitute photographers or videographers, cost of re-staging events, or any similar damages, even if Luv Film Co has been advised of the possibility of such damages and even if the limited remedies in this Agreement fail of their essential purpose.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the foregoing limitations apply to the maximum extent permitted by law.
Section 28. Notices
All notices, demands, claims, requests, or other communications required or permitted under this Agreement shall be in writing and shall be delivered by email to the email address each Party has provided to the other. Notice to Luv Film Co must be sent to hello@luvfilm.co. Notice to the Customer will be sent to the email address provided by the Customer at checkout. Notice is deemed effective on the date the email is sent, provided no bounce-back or delivery failure message is received. Each Party is responsible for maintaining a working email address and for monitoring its email for notices under this Agreement.
Section 29. Assignment
The Customer may not assign, delegate, transfer, sublease, sublicense, or otherwise convey this Agreement or any right or obligation under it, in whole or in part, without the prior written consent of Luv Film Co, which Luv Film Co may withhold in its sole and unfettered discretion. Any attempted assignment without consent is void. Luv Film Co may freely assign this Agreement at any time and without consent of the Customer, including in connection with a merger, acquisition, sale of assets, reorganization, or change of control.
Section 30. Additional Documents
If Luv Film Co requests, the Customer shall promptly execute and deliver any documents Luv Film Co reasonably deems necessary or desirable to protect Luv Film Co’s interest in the Equipment, including without limitation a Uniform Commercial Code (UCC) financing statement, an amendment to a financing statement, a security interest acknowledgment, or similar filing or instrument.
Section 31. Governing Law and Venue
This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to its choice of law or conflict of law principles. The Parties agree that any action, suit, or proceeding arising out of or relating to this Agreement, the Equipment, or the Services shall be brought exclusively in the state or federal courts located in San Luis Obispo County, California, and each Party irrevocably consents to the personal jurisdiction of those courts and waives any objection based on inconvenient forum.
Section 32. Attorneys’ Fees
In any legal proceeding arising from or relating to this Agreement, or brought to enforce or interpret this Agreement, the prevailing Party is entitled to recover from the non-prevailing Party all reasonable attorneys’ fees, expert witness fees, court costs, and other expenses of litigation, in addition to any other relief awarded.
Section 33. General Provisions
Entire Agreement. This Agreement, together with the order confirmation, the Terms & Conditions, the Refund & Cancellation Policy, the Shipping & Delivery Policy, the Privacy Policy, and any other policy expressly incorporated by reference at luvfilm.co, constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, understandings, communications, representations, and proposals, whether oral or written.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions remain in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the Parties.
No Waiver. No failure or delay by Luv Film Co in exercising any right under this Agreement constitutes a waiver of that right. No waiver of any provision of this Agreement is effective unless in a writing signed by Luv Film Co.
Amendment. This Agreement may only be amended (a) by a writing signed by both Parties, or (b) by an updated version posted to luvfilm.co and accepted by the Customer when placing a future order.
Headings; Construction. Section headings are for convenience only and do not affect interpretation. Any ambiguity in this Agreement shall not be construed against the drafting Party.
Survival. Sections that by their nature should survive termination of this Agreement, including without limitation Sections 5 (Payment and Non-Refundable Retainer), 13 (Loss and Damage), 17 (Default), 23 (Ownership), 24 (Intellectual Property), 26 (Indemnification), 27 (Limitation of Liability), 31 (Governing Law and Venue), 32 (Attorneys’ Fees), and 33 (General Provisions), shall survive any termination of this Agreement.
Counterparts and Electronic Acceptance. This Agreement may be accepted electronically. The Customer’s electronic acceptance, including without limitation by checking the acceptance box at checkout, by clicking a “Place Order” or similar button, or by completing payment or paying a Deposit, has the same legal force and effect as a handwritten signature on a paper original.
Independent Contractor. The relationship between the Parties is that of independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment, agency, or fiduciary relationship between the Parties.
Cumulative Rights. All rights and remedies of Luv Film Co under this Agreement are cumulative and in addition to all rights and remedies available at law or in equity.
Section 34. Contact Information
All questions, claims, notices, and other communications regarding this Agreement should be sent to:
Luv Film Co
c/o All Season Digital, LLC
San Luis Obispo, California
Email: hello@luvfilm.co
Section 35. iPhone Film Package (No-Equipment Guest-Footage Option)
Overview. The iPhone Film Package is a no-equipment Service in which Luv Film Co provides a custom QR code and a private upload link through which the Customer’s guests upload video footage they captured on their own smartphones, and Luv Film Co then organizes that footage, delivers the raw files to the Customer, and produces an edited highlight film from the best moments. The iPhone Film Package includes no camcorder, no shipped Equipment, no shipping, and no return obligation. Because no Equipment is provided, the provisions of this Agreement that govern the Equipment, shipment, delivery timing of hardware, the Rental Period, pre-Event hardware verification (Section 9), non-working equipment (Section 10), used equipment (Section 12), loss and damage (Section 13), insurance and authorization holds (Section 14), and ownership of equipment (Section 23) do not apply to an iPhone Film Package order, except where expressly referenced in this Section.
What Is Included. An iPhone Film Package order includes: (a) a custom QR code and private upload link issued to the Customer before the Event; (b) collection of guest-uploaded footage through that link; (c) delivery of the raw uploaded footage to the Customer; and (d) an edited highlight film of approximately three (3) to five (5) minutes, produced in Luv Film Co’s editorial style and subject to Section 25 (Artistic Release). The specific deliverables for any order are those listed on the order confirmation.
Issuance of Upload Access; Payment Required. Consistent with Section 5, Luv Film Co will not issue the QR code or upload link until the entire order total for the iPhone Film Package has been paid in full. Where the Customer reserves the iPhone Film Package with a Deposit, the Balance is due in full no later than thirty (30) days before the Event date, and upload access will not be issued until the Balance is paid. The entire order total, including both the Deposit and the Balance, is non-refundable on the same terms stated in Section 5.
Footage Is Guest-Dependent; No Footage Warranty. The Customer acknowledges and agrees that the quantity, quality, framing, stability, lighting, audio, and overall usability of the footage available for the iPhone Film Package depend entirely on what the Customer’s guests choose to film and upload, and are outside Luv Film Co’s control. Luv Film Co does not capture footage for the iPhone Film Package and makes no representation, warranty, or guarantee regarding the amount or quality of guest-uploaded footage, the suitability of that footage for editing, or the resulting length, look, or content of the final film. The final film will reflect the footage actually uploaded. The Customer’s dissatisfaction with the final film where that dissatisfaction results from insufficient, low-quality, or unusable guest footage is not a defect, is governed by Section 25, and is not a basis for any refund, credit, or other remedy.
Customer Responsibilities. For an iPhone Film Package, the Customer is solely responsible for: (a) distributing the QR code or upload link to guests and encouraging guests to film and upload; (b) ensuring guests upload their footage by any upload deadline communicated by Luv Film Co; (c) obtaining any consent required from individuals appearing in guest footage; and (d) confirming that uploaded footage does not infringe or violate any third-party right. Luv Film Co is not responsible for footage that guests fail to capture, fail to upload, or upload after the upload window has closed.
Upload Window and Footage Retention. Guest footage must be uploaded through the provided link within the upload window communicated by Luv Film Co. Luv Film Co may begin editing once the upload window closes. The footage-retention, download, and back-up obligations in Section 8 (under which the Customer must download and back up delivered files within thirty (30) days, and Luv Film Co is not obligated to retain files beyond ninety (90) days following delivery) apply to the iPhone Film Package.
No Refunds. The iPhone Film Package is subject to the same non-refundable Retainer terms as every other order under Section 5 and to the Luv Film Co Promise under Section 11. Because the iPhone Film Package includes no Equipment, the only Luv Film Co Promise scenario capable of applying to it is a Luv Film Co-side failure to deliver Editing Services that is not attributable to insufficient or unusable guest footage; the Equipment-related covered scenarios and the package-lost-in-transit scenario have no application to an iPhone Film Package order.
ACCEPTANCE BY CUSTOMER
BY CHECKING THE ACCEPTANCE BOX AT CHECKOUT, BY CLICKING “PLACE ORDER” OR ANY SIMILAR BUTTON, BY SUBMITTING PAYMENT OR A DEPOSIT, OR BY TAKING POSSESSION OF ANY EQUIPMENT, THE CUSTOMER ACKNOWLEDGES THAT THE CUSTOMER HAS READ THIS RENTAL AGREEMENT IN FULL, UNDERSTANDS IT, HAS HAD THE OPPORTUNITY TO ASK QUESTIONS ABOUT IT, AND AGREES TO BE LEGALLY BOUND BY EVERY PROVISION OF IT, INCLUDING THE NON-REFUNDABLE PAYMENT TERMS IN SECTION 5.