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THE KIT · LEGAL · MMXXVI

Rental Agreement.

The legal substrate for The Kit. We tried to write it in language a couple actually wants to read.

I.

The Agreement & Parties

This Rental Agreement (“Agreement”) is entered into between Forever Stories, LLC, a Maryland limited liability company doing business as Shutter & Sound, with its registered office at 3600 Clipper Mill Road, Suite 213, Baltimore, Maryland 21211 (“Service Provider,” “Lessor,” “we,” “us”), and the customer placing the order (“Client,” “Lessee,” “you”). By completing checkout you agree to all terms below.

The kit (“Equipment”) consists of the Sony 4K UHD camcorder, batteries, memory cards, charger, carry bag, instruction materials, and any optional add-on items selected at checkout.

II.

Rental Period & Service Area

The standard rental window is seven (7) days, beginning on the ship date noted in your order confirmation and ending on the return date. Bach + Core / Bach + Deluxe rentals extend across both events at no additional charge.

Additional days may be purchased at $25 per day at checkout or by request before shipment.

Service area. The Kit ships within the contiguous United States only (the lower 48 states plus the District of Columbia). Service Provider does not currently ship to Hawaii, Alaska, U.S. territories (including Puerto Rico, Guam, U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands), APO/FPO/DPO military addresses, or any international destination including Canada and Mexico. This limitation is operational — lithium-ion battery air-shipping regulations make non-Ground service impractical for non-contiguous addresses.

All shipments move via UPS Ground. The exact ship date is determined per destination so the Equipment arrives 1–2 days before the start of the rental window; you will receive the tracking number once the kit ships.

III.

Payment & Retainer

100% of the order total is collected at checkout. This is a non-refundable retainer that secures your rental window.

We may place an authorization hold or charge the card on file for: (a) damage to the Equipment, (b) repair costs, (c) replacement value of any lost or unreturned item, (d) cleaning fees if the Equipment is returned soiled, (e) late-return fees, and (f) any shipping cost incurred to recover the Equipment.

IV.

Damage, Loss, & Liability

While the Equipment is in your possession you are responsible for it. Drops, spills, theft, and loss are your liability — see the Damage Waiver clause below for how to cap that liability.

If the Equipment is damaged: actual repair cost will be charged to the card on file, up to a typical maximum of $700 for the camcorder body. If the Equipment is lost, stolen, or otherwise unrecoverable: full replacement value will be charged (currently approximately $1,400 for the camcorder body, $45 per battery, $75 per memory card, $30 per accessory).

Damage in transit — any damage that occurs while the Equipment is in our possession, with our shipping partner, or in our packaging — is fully on us, at no cost to you. If the Equipment arrives damaged, contact us within 24 hours of receipt for a replacement.

V.

The Damage Waiver

At checkout you may add an optional Damage Waiver for $59. If selected, the Damage Waiver caps your liability at zero (0) for accidental damage and accidental loss of the Equipment.

The Damage Waiver does NOT cover: intentional damage, gross negligence (e.g. submerging the camera in a pool), failure to ship the Equipment back, theft due to leaving the Equipment unattended in a vehicle or public space, or damage to consumable add-ons (memory cards, instruction materials).

We strongly recommend the Damage Waiver. Most customers add it.

VI.

Return Shipping

A prepaid return-shipping label will be included in the kit. You must drop the Equipment at any UPS counter no later than the last day of your rental window.

Late returns: a Loss-of-Use fee of $50 per day will be charged for each day past the return date the Equipment is in your possession. After fourteen (14) days past the return date the Equipment will be considered lost and full replacement value will be charged.

VII.

Cancellation

Once an order is paid, the retainer is non-refundable. We cannot refund cancelled orders, including in the event of postponement, illness, weather, family emergency, or change of plans.

We will work with you in good faith to reschedule your rental window without penalty up to fourteen (14) days before the original ship date, subject to kit availability.

VIII.

Use of the Equipment

The Equipment is for personal, non-commercial use to film your wedding (and bach, if applicable). You may not sublease, sublicense, or rent the Equipment to any third party.

You may not modify, repair, disassemble, or attempt to alter the firmware or hardware of any Equipment. Modification voids any Damage Waiver protection.

IX.

The Edit

For all kits except the Guest Book tier, your edited film will be delivered approximately 5–7 weeks after we receive the returned Equipment. Organised raw footage will be delivered 2–3 weeks after receipt.

Guest Book rentals receive organised raw footage only. Editing may be added à la carte after delivery, billed separately.

We make commercially reasonable efforts to produce a high-quality cut from the footage we receive. The quality of your edited film depends on the quality of footage captured — e.g. focus, framing, audio, lighting decisions made by your filmer. We are not responsible for footage that is unusable due to camera operator error.

X.

Marketing & Promotional Use License

By placing this order you (“you,” “Client”) grant Forever Stories, LLC DBA Shutter & Sound (“Service Provider,” “we,” “us”), our successors, legal representatives, assigns, and those acting with our authority and permission the unrestricted right and permission to copyright, license, use, reproduce, edit, exhibit, broadcast, publish, sub-license, and distribute any and all photo and video footage you record, upload, or otherwise create using the Equipment or deliver to us through this service (the “Client Footage”), in whole or in part, composite or distorted in character or form, in any country, at any time, in any media now known or hereafter devised, for any purpose.

Permissible uses include but are not limited to: commercial use, personal use, advertising, marketing, promotion, trade, exhibition, licensing, sub-licensing, competition, social media, video, print, publication, and editorial work — including in any portfolio, website, sizzle reel, case study, blog post, or paid advertisement we run on our behalf or on behalf of a vendor or venue we work with.

You release, acquit, indemnify, hold harmless, and discharge Service Provider, our successors, legal representatives, assigns, and those acting with our authority and permission from any damages, actions, claims, attorney fees, costs, and suits arising in any way from the uses permitted and described above, including without limitation any claim of invasion of privacy, defamation, publicity rights, or moral rights brought by you or any third party who appears in the Client Footage.

You represent and warrant that you have obtained, or will obtain, all necessary releases and permissions from every person who appears in the Client Footage and that we may rely on this representation. Should any person in the Client Footage object to its use, you agree to be solely responsible for resolving such objection.

If you wish for your Client Footage to remain private and excluded from this Marketing License, you must opt out in writing before delivery of the edited film by emailing privacy@shutterandsound.com, subject line “Marketing opt-out · [your order id].” An opt-out fee of $500 (USD) applies and will be invoiced. Opt-out requests received after delivery cannot remove footage already used in published portfolio or paid media.

XI.

Artistic Discretion & Non-Guarantee of Specific Moments

You acknowledge that you have reviewed samples of our edits, the Equipment’s capabilities, and our editorial style, and are familiar with the artistic approach and creative discretion we apply to every cut. By entering into this Agreement, you grant Service Provider full creative discretion over all aspects of the edited film, including framing decisions made within the footage you provide, shot selection, artistic effects, editing pace, color grading, song choice (where applicable), and inclusion or exclusion of specific moments.

We will make reasonable efforts to assemble a meaningful film from the footage you deliver; however, you understand and agree that no specific moment, reaction, guest, vow, dance, detail, or occurrence is guaranteed to be captured by your camera operator(s) or included in the final edit. Missed or partially captured moments, or dissatisfaction with creative direction, stylistic choices, color, pacing, or song are not grounds for rejection of the work, claim of breach, demand for re-edit beyond the one round of revisions included, refund, or damages.

You acknowledge that third-party interference (including guests, vendors, venue staff or rules, environmental limitations, or schedule disruptions) may impact what your camera operator(s) are able to film, and that Service Provider is not responsible for such interference or any resulting limitations in the footage delivered or the final edit.

XII.

Limitation of Liability — Read Carefully

1. Acknowledgement of artistic and subjective nature. You acknowledge that the editing services provided by Service Provider are creative, artistic, and subjective in nature. You understand and agree that no specific moment, individual, emotion, or occurrence is guaranteed to be captured (by your camera operator) or delivered in any particular manner (in the edit).

2. Maximum aggregate liability. Regardless of the cause, theory of liability, or type of claim asserted (including but not limited to breach of contract, negligence, gross negligence, tort, data loss, equipment malfunction, technical failure, human error, contractor performance, or any other allegation), the maximum total liability of Service Provider under this Agreement shall not exceed the total amount paid by you under this Agreement, exclusive of damage charges, late-return fees, replacement charges, or shipping recovery costs assessed under Sections III–VII above.

3. Waiver of emotional and sentimental damages. You understand and agree that any “sentimental,” “once-in-a-lifetime,” “emotional,” or “irreplaceable” value of your wedding, footage, or memories has no assignable monetary value, and you expressly waive any claim for damages based on emotional distress, disappointment, or loss of personal or sentimental value.

4. No consequential, punitive, or special damages. Under no circumstances shall Service Provider be liable for any consequential, incidental, indirect, special, exemplary, punitive, statutory, emotional, or reputational damages, including without limitation claims relating to stress, mental anguish, loss of future business opportunity, damage to image or brand, or dissatisfaction with creative or artistic choices.

5. Lost, damaged, or unusable footage. In the event that any footage delivered to us is lost, damaged, or rendered unusable in whole or in part — due to operator error, technical failure during recording, improper exposure, incorrect focus, insufficient lighting, memory card failure, transit damage, equipment malfunction, contractor performance, or any other reason within or beyond the control of Service Provider — you agree that such loss shall not constitute a material breach of this Agreement and that your sole and exclusive remedy shall be limited to a refund not to exceed the total amount paid under this Agreement.

6. Failure to perform / replacement efforts. If Service Provider is unable to perform any portion of the editing or fulfillment services due to illness, injury, acts of God, equipment failure, contractor unavailability, or any other reason beyond our reasonable control, Service Provider will make reasonable efforts to secure a replacement editor or to defer delivery to an agreed-upon date. If a suitable arrangement cannot be made, you agree that your sole remedy shall be a refund not to exceed the total amount paid under this Agreement. No further liability shall attach to Service Provider.

7. No attorney fee or cost recovery. You agree that you may not recover attorney fees, court costs, expert fees, or any litigation expenses from Service Provider, except to the extent such limitation is prohibited by Maryland law. All such fees and costs are expressly waived as a condition of entering into this Agreement.

XIII.

Force Majeure & Service Provider Withdrawal

Service Provider’s obligation to perform editing and fulfillment services is conditioned on safe, lawful, and reasonable working conditions. Service Provider may, at our sole discretion, suspend, modify, or cease editing or fulfillment due to any condition that makes performance unsafe, unlawful, or materially impractical. Such conditions include without limitation: hazardous weather affecting our facility, illness or injury of editorial staff, pandemic or government mandates, equipment failure at our facility, travel disruptions affecting return shipments, vendor or shipping carrier disruptions, or any other event constituting a force majeure.

In any such event, Service Provider will make reasonable efforts to communicate proactively and to defer the delivery window rather than cancel. You acknowledge that any deferral, replacement editor, or partial service still satisfies our performance obligations under this Agreement. No refund or damages of any kind shall be owed by Service Provider beyond the standard liability cap defined in Section XII above.

XIV.

Indemnity

You agree to indemnify, defend, and hold harmless Service Provider, our officers, members, contractors, and assigns from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Equipment, (b) any injury to person or property caused by your use of the Equipment, (c) any breach of this Agreement by you, (d) any claim brought by a third party (including a guest, vendor, or venue) relating to your filming, the Client Footage, or its delivery to us, and (e) your delivery to us of any footage that infringes a third party’s copyright, trademark, publicity, or privacy rights.

This indemnity survives termination of this Agreement and applies regardless of whether the damage or claim arises during the rental period or at any point thereafter.

XV.

Governing Law & Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of the State of Maryland, USA, without regard to its conflict-of-law principles. In the event of a dispute, the parties agree to first attempt resolution through good-faith discussion followed by mediation in Howard County, Maryland. If the matter is not resolved, the exclusive venue for any action shall be the state or federal courts located in Howard County, Maryland. You consent to personal jurisdiction in Maryland and waive any objection to venue.

XVI.

General Provisions

Assignability. This Agreement is binding upon and inures to the benefit of the parties and their successors and assigns. You may not assign this Agreement or transfer any rights under it without our prior written consent. We may assign or delegate our rights or obligations, in whole or in part, to qualified contractors or affiliates.

Amendment and Waiver. No amendment, modification, or waiver of any provision of this Agreement is valid unless made in writing and signed by both parties (electronic acknowledgement counts). A waiver of any term is not a waiver of any other term, and any failure to enforce a provision does not constitute a waiver of the right to enforce it later.

Severability. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions remain in full force and effect.

Entire Agreement. This Agreement, together with the linked Reservation Terms, Damage Waiver, Late-Returns, and Loss & Damage policies, contains the entire understanding between the parties regarding The Kit and supersedes all prior and simultaneous agreements between them, verbal or otherwise.

XVII.

Electronic Execution

By checking the agreement boxes at checkout and submitting payment, you acknowledge that you have read this Agreement, agree to its terms, and intend your action to constitute a legally binding electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-Sign Act) and the Uniform Electronic Transactions Act (UETA). This Agreement may be executed in counterparts, including electronically, and all counterparts together form one binding document.