Terms and Conditions & Privacy Policy

By booking a session with Toucan Weddings ("Photographer"), you ("Client") agree to these Terms and Conditions upon payment of the booking retainer fee. These terms also apply to any trade work agreed upon between Photographer and other vendors.

1. DEFINITIONS

“Image(s)” means all photographic material, whether still or moving, created by the Photographer including but not limited to digital files, prints, negatives, or other media formats.

The Photographer operates as an independent contractor. This Agreement is between the Photographer and the Client, including the Client’s representatives.

2. COPYRIGHT AND USAGE

All Image(s) are copyrighted by the Photographer, who remains the sole owner of all rights. No images are sold — only licensed for specific uses.

Clients receive a non-exclusive, non-transferable, non-sublicensable license for personal use only unless otherwise agreed in writing.

Images may not be altered, resold, or used commercially without prior written permission. Use in logos, trademarks, or corporate branding is strictly prohibited unless explicitly agreed.

Photographer retains the right to use any Image(s) for promotional or portfolio purposes.

3. ALTERATIONS AND EDITING

Clients may not apply filters or modify images without Photographer’s written consent.

Portrait sessions include basic editing (color, crop, contrast, exposure). Retouching is not included unless noted (e.g., boudoir sessions). Requests for additional edits are subject to approval and start at $50 per image.

4. LIABILITY AND INDEMNIFICATION

Photographer will take reasonable care in providing services but is not liable for loss, damage, or misuse of Image(s) by Client or third parties.

Photographer's total liability is limited to the total amount paid for the session.

Client agrees to indemnify and hold Photographer harmless from any claims, costs, or damages arising from the use or misuse of Image(s).

5. PAYMENT TERMS

Full payment is required before rights to Image(s) are granted. Unauthorized use of Image(s) before full payment will be billed at double the invoice amount.

All invoices are due upon receipt. Late fees may apply. Bank transfer or payment processing fees are the Client's responsibility.

6. CREDIT AND ATTRIBUTION

A visible credit line (e.g., "Toucan Weddings") is required when Image(s) are published online or in print. Failure to include proper credit may result in additional fees up to double the invoice total.

7. CANCELLATION POLICY

A 50% non-refundable retainer fee is due upon booking. The balance is due on the session date.

Cancellations result in forfeiture of the retainer. If Client fails to cancel and Photographer arrives at the agreed location, the full session balance is due.

8. RESHOOTS

Client-requested reshoots are billed at the original session rate plus expenses.

Reshoots due to factors outside the Photographer’s control (e.g., weather, emergencies) will not be charged an additional fee, but Client remains responsible for related expenses.

9. FAILURE TO PERFORM

In the event of Photographer’s inability to perform due to illness, emergency, or uncontrollable events, Photographer will attempt to find a replacement. If unsuccessful, liability is limited to a refund of amounts paid.

Photographer is not liable for loss of Image(s) due to equipment failure, acts of God, or unforeseen circumstances.

10. DIGITAL FILES AND ARCHIVING

Photographer may archive digital files, but this is not guaranteed. Clients are responsible for archiving and backing up delivered Image(s).

Requests for additional delivery of previously provided images are subject to a $100 processing fee.

11. SESSION CONDUCT AND LOCATION

Sessions are held at agreed-upon legal locations. Clients are responsible for obtaining permission for use of private properties.

No other photographers or videographers are allowed during the session without prior written consent. Use of cell phones for photography during sessions is discouraged unless agreed upon.

12. LIMITATION OF LIABILITY

Photographer’s liability for any claim shall not exceed the amount paid by Client for the session. In no event shall Photographer be liable for indirect, incidental, or consequential damages.

13. DISPUTE RESOLUTION AND ARBITRATION

Any dispute arising from this Agreement shall be resolved through binding arbitration in Los Angeles County, California, under the rules of the American Arbitration Association.

Each party shall bear its own costs and attorneys' fees, except as may be otherwise awarded by the arbitrator.

14. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be Los Angeles County, California.

15. SEVERABILITY AND ENTIRE AGREEMENT

If any provision of this Agreement is deemed unlawful or unenforceable, the remaining provisions remain valid.

This document represents the entire agreement between Photographer and Client, superseding all prior communications.

ACCEPTANCE

By submitting a retainer payment and/or using any Image(s), Client acknowledges and agrees to all terms outlined in this Agreement.

Privacy Policy for Toucan Weddings

Effective Date: April 24, 2025

At Toucan Weddings ("we", "us", "our"), your privacy is important to us. This Privacy Policy explains how we collect, use, share, and protect your personal information when you visit our website https://toucanweddings.com.

1. Information We Collect

We collect the following types of personal information when you use our website, contact us through forms, or communicate with us:

  • Identifiers: Full name, email address, and phone number

  • Event Information: Wedding or event date, venue, and details provided via the contact form

  • Photographs and Visual Content: If shared with us or taken during photography services

  • Internet Activity: IP address, browser type, pages visited (via cookies and analytics)

2. How We Use Your Information

We use your information to:

  • Respond to inquiries and provide photography services

  • Schedule and plan events based on your input

  • Improve our website, services, and customer experience

  • Send service-related updates or promotional content (only if opted in)

  • Maintain business records for legal, tax, or accounting purposes

3. Sharing of Information

We may share your personal information with:

  • Third-party service providers (e.g., CRM tools, email platforms, scheduling software)

  • Business partners or contractors assisting in providing photography services

  • Legal authorities if required by law or to protect our rights and property

We do not sell your personal information.

4. Your Privacy Rights (California Residents)

Under the California Consumer Privacy Act (CCPA), you have the right to:

  • Know what personal data we collect, use, and share

  • Request access to your personal data

  • Request deletion of your personal data (subject to exceptions)

  • Opt out of the sale of personal data (Note: we do not sell data)

  • Non-discrimination for exercising your privacy rights

To make a privacy request, email us at hello@toucanweddings.com.

5. Cookies & Tracking

We may use cookies and similar technologies to:

  • Analyze website traffic

  • Enhance your browsing experience

  • Track user behavior for website improvements

You can control cookie preferences through your browser settings.

6. Data Security

We implement reasonable security practices to protect your personal information, including encryption, access controls, and secure storage systems. However, no method is 100% secure, and we cannot guarantee absolute security.

7. Data Retention

We retain your personal information only for as long as necessary to fulfill the purposes described in this policy, or as required by law.

8. Children's Privacy

Our services are not intended for children under 13, and we do not knowingly collect personal information from minors without parental consent.

9. Third-Party Links

Our website may contain links to external websites not controlled by us. We are not responsible for the privacy practices or content of such sites.

10. Changes to This Privacy Policy

We may update this policy from time to time. Changes will be posted on this page with an updated effective date.

11. Contact Us

If you have any questions or requests regarding this Privacy Policy, please contact:

Toucan Weddings
Email: hello@toucanweddings.com
Website: https://toucanweddings.com

Appendix I: California Residents – Your Privacy Rights

This Appendix applies to California residents (“California Residents”) and concerns personal information controlled by Squarespace where we act as a “Business” under the California Consumer Privacy Act (CCPA), including the California Privacy Rights Act (CPRA).

It applies to information we collect via our Services and other channels. It does not apply to job applicants, employees, or contractors. If you are a Business using our Services, see our Data Processing Addendum.

a. Categories of Information, Uses, and Disclosures

We may collect and disclose the following categories of personal information:

Category Purposes of Use Disclosed to
Identifiers Service delivery, communication, marketing, payments, security Vendors, business partners, legal entities
Customer & Financial Info Same as above, plus account management Same as above
Commercial Data Service improvement, customization, advertising Same as above
Geolocation Customization, security, legal compliance Vendors, legal entities
Professional Info Sales, communication, compliance Vendors, legal entities
Internet Activity Advertising, customization, security Same as above
Sensory Data Sales, compliance Same as above
Other Information As provided by users, for service-related purposes Same as above

b. Your Rights Under the CCPA

You may request to access, correct, or delete your personal information. Follow instructions in our Privacy Policy and identify yourself as a California Resident. Authorized agents must provide written proof of authorization.

c. Do Not Sell or Share My Personal Information

We may “Share” some data for cross-context advertising, as defined by the CCPA. You may opt out via the Your Privacy Choices link or by using the Global Privacy Control in your browser. We do not knowingly share data of children under 16.

d. No Discrimination

We will not discriminate against you for exercising your rights under the CCPA.

Appendix II: Privacy Rights for Residents of Other U.S. States

This section applies to residents of states with data privacy laws such as Colorado, Connecticut, Oregon, and Texas, where we act as a “Controller.”

It does not apply to information collected in the context of business roles (e.g., company owners or contractors).

  • Request confirmation of processing of your personal information.
  • Opt out of targeted advertising via the Your Privacy Choices link.

If your request is denied, you may appeal by contacting privacy@squarespace.com with the subject “Data Privacy Request Appeal.”

Colorado residents may refer to the chart in Appendix I(a) for additional information on data processing.

If you store customer-controlled data via our Services (as a “Controller”), please review our Data Processing Addendum.

CCPA Notice Effective January 1, 2025