Terms and Conditions

Agreement between User and www.whiskeyandwiles.com

Welcome to www.whiskeyandwiles.com. The www.whiskeyandwiles.com website (the "Site") is comprised of various web pages operated by Whiskey and Wiles Photography LLC ("Whiskey and Wiles"). www.whiskeyandwiles.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.whiskeyandwiles.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.whiskeyandwiles.com is an E-Commerce Site.

Preview and Distrubute imagery

Electronic Communications

Visiting www.whiskeyandwiles.com or sending emails to Whiskey and Wiles constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Whiskey and Wiles is not responsible for third party access to your account that results from theft or misappropriation of your account. Whiskey and Wiles and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Whiskey and Wiles does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.whiskeyandwiles.com only with permission of a parent or guardian.

Cancellation/Refund Policy

Deposits are non refundable. Cancellation with 7 days will be refunded, less deposit

Links to Third Party Sites/Third Party Services

www.whiskeyandwiles.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Whiskey and Wiles and Whiskey and Wiles is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Whiskey and Wiles is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Whiskey and Wiles of the site or any association with its operators.

Certain services made available via www.whiskeyandwiles.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.whiskeyandwiles.com domain, you hereby acknowledge and consent that Whiskey and Wiles may share such information and data with any third party with whom Whiskey and Wiles has a contractual relationship to provide the requested product, service or functionality on behalf of www.whiskeyandwiles.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.whiskeyandwiles.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Whiskey and Wiles that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Whiskey and Wiles or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Whiskey and Wiles content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Whiskey and Wiles and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Whiskey and Wiles or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Whiskey and Wiles from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Whiskey and Wiles Content accessed through www.whiskeyandwiles.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Whiskey and Wiles, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Whiskey and Wiles reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Whiskey and Wiles in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Whiskey and Wiles agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WHISKEY AND WILES PHOTOGRAPHY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

WHISKEY AND WILES PHOTOGRAPHY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WHISKEY AND WILES PHOTOGRAPHY LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHISKEY AND WILES PHOTOGRAPHY LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WHISKEY AND WILES PHOTOGRAPHY LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Whiskey and Wiles reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Kentucky and you hereby consent to the exclusive jurisdiction and venue of courts in Kentucky in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Whiskey and Wiles as a result of this agreement or use of the Site. Whiskey and Wiles's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Whiskey and Wiles's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Whiskey and Wiles with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Whiskey and Wiles with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Whiskey and Wiles with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Whiskey and Wiles reserves the right, in its sole discretion, to change the Terms under which www.whiskeyandwiles.com is offered. The most current version of the Terms will supersede all previous versions. Whiskey and Wiles encourages you to periodically review the Terms to stay informed of our updates.

CONTRACT FOR PHOTOGRAPHY SERVICES

This Photography Contract (the "Contract") is made effective as of March 01, 2021 (the "Effective Date"), by and between Whiskey and Wiles Photography LLC of 68 S Main St, Winchester, Kentucky 40391, and User of this site. "User" is defined as any person(s) wishing to contract Whiskey and Wiles for services.

DESCRIPTION OF SERVICES. Whiskey and Wiles Photography LLC will provide to User the following photography services (collectively, the "Services"):

PERFORMANCE OF SERVICES. (1) Whiskey and Wiles Photography LLC agrees to take photographs as per stated requests, allowing for artistic expression; (2) Whiskey and Wiles Photography LLC agrees to use high technical quality to meet Darling Sandoval's needs, for web or print; (3) Whiskey and Wiles Photography LLC will use digital photography and color management consultancy knowledge to create photographs for the user; and (4) Whiskey and Wiles Photography LLC shall provide the user with a lookbook or samples of the final proofs within 10 days.

PAYMENT. (1) User agrees to pay Whiskey and Wiles Photography LLC in consideration for the photography services to be rendered by Whiskey and Wiles Photography LLC. In consideration for this fee, Whiskey and Wiles Photography LLC will devote time to cover the event or occasion listed in appointment; (2) Whiskey and Wiles Photography LLC will provide proofs and/or a lookbook to User to review for final purchase of pictures; (3) Whiskey and Wiles Photography LLC will provide User with a cost sheet itemizing the cost of different packages and individual photo purchases.

TERM. Whiskey and Wiles Photography LLC and User agree that this Contract shall commence on the above date and that same shall terminate on the day after scheduled event. Said agreement may be extended and/or renewed by agreement of all parties memorialized in a subsequent amendment thereafter.

WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, products, or other information (collectively, the "Work Product") developed in whole or in part by Whiskey and Wiles Photography LLC in connection with the Services will be the exclusive property of Whiskey and Wiles Photography LLC. Upon request, Whiskey and Wiles Photography LLC will execute all documents necessary to confirm or perfect the exclusive ownership of Whiskey and Wiles Photography LLC to the Work Product. Whiskey and Wiles Photography LLC may use images captured under this agreement for advertisement and brand recognition. 

RELATIONSHIP OF PARTIES. It is understood by the parties that Whiskey and Wiles Photography LLC is an independent contractor with respect to Darling Sandoval, and not an employee of User.

CONFIDENTIALITY. Whiskey and Wiles Photography LLC, and its employees, agents, or representatives will not at any time or in any manner either directly or indirectly, use for the personal benefit of Whiskey and Wiles Photography LLC, or divulge, disclose, or communicate in any manner, any information that is proprietary to User. Whiskey and Wiles Photography LLC and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of the Contract.

COURTESY. The photography schedule and selected methodology are designed to accomplish the goals and wishes of Darling Sandoval. Darling Sandoval and Whiskey and Wiles Photography LLC agree that positive cooperation and punctuality are therefore essential.

MUTUAL INDEMNIFICATION. Whiskey and Wiles Photography LLC agrees to indemnify and hold harmless The User from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against Darling Sandoval that result from the acts or omissions of Whiskey and Wiles Photography LLC, Whiskey and Wiles Photography LLC's members, if any, and Whiskey and Wiles Photography LLC's agents. User agrees to indemnify and hold harmless Whiskey and Wiles Photography LLC from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against Whiskey and Wiles Photography LLC that result from acts or omissions of User, its members, if any, and its agents.

WARRANTY. Whiskey and Wiles Photography LLC shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable industry standards and will provide a standard of care equal to, or superior to, care used by service providers similar to Whiskey and Wiles Photography LLC on similar projects.

DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

a.The failure to make a required payment when due.

b.The insolvency or bankruptcy of either party.

c.The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

d.The failure to make available or deliver the Services in the time and manner provided for in this Contract.

REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 1 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

ENTIRE CONTRACT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

GOVERNING LAW. This Contract shall be governed by the laws of the Commonwealth of Kentucky.

NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

SIGNATORIES. This Agreement shall be signed by User and on behalf of Whiskey and Wiles Photography LLC by JP Martin, Member and is effective as of the date first above written.

Contact Us

Whiskey and Wiles welcomes your questions or comments regarding the Terms:

Whiskey and Wiles Photography LLC

68 S Main St

Winchester, Kentucky 40391

Email Address:

whiskeyandwiles@gmail.com

Telephone number:

8597713844

Effective as of April 01, 2021