Evergreen Lens Media | Terms & Conditions

Terms & Conditions

Evergreen Lens Media (also known as Evergreen Photo & Video)

This Terms & Conditions Agreement ("Agreement") is entered into by and between 3T Group of WA, LLC, a Washington limited liability company doing business as Evergreen Lens Media or Evergreen Photo & Video (collectively, "Evergreen," "Company," "we," "us," or "our"), and the undersigned client ("Client," "you," or "your"). This Agreement governs all photography, videography, and related media services provided by Evergreen to the Client.

By submitting payment, signing a proposal, completing a booking form, or otherwise engaging Evergreen’s services, the Client acknowledges that they have read, understand, and agree to be bound by the terms and conditions set forth herein.

Payment Plans, Refund & Cancellation Policy

1. Payment Terms

Full Payment Upon Booking: A 5% discount applies to clients who pay the full service amount at the time of booking.

Installment Options:

  • Events scheduled 180 days or more from the booking date may be paid in four (4) equal installments.
  • Events scheduled less than 180 days from the booking date must be paid in full at the time of booking.

2. Cancellations & Refunds

A. Events Canceled With Less Than 120 Days’ Notice

  • All sales are final.
  • No refunds will be issued for cancellations made less than 120 days before the event date.

B. Refunds for Clients Who Paid in Full

  • 75% refund for cancellations made 180 days or more before the event date.
  • 50% refund for cancellations made 120 to 179 days before the event date.
  • No refund for cancellations made less than 120 days before the event date.

C. Refunds for Clients on Installment Plans

  • The first payment (25% of the total service amount) is a non-refundable retainer under all circumstances.
  • Additional installment payments may be refundable up to a maximum of 50% of the total service amount, provided that:
    • Cancellation occurs 120 days or more before the event date; and
    • The client requests a refund or elects to apply the refundable amount as credit.
  • For cancellations made less than 120 days before the event date, all sales are final and no portion of payments made is refundable.

3. Credit Option

  • Clients may choose to apply eligible refundable amounts as credit toward a future event in lieu of a monetary refund.
  • All credits remain subject to this Payment Plans & Cancellation Policy and do not override or extend cancellation or refund eligibility.
  • Credits are valid for one (1) year from the original event date.
  • Credits have no cash value, are non-transferable, and may not exceed the amount actually paid.

4. General Terms

  • Refunds are issued only to the original form of payment unless credit is selected.
  • Processing timelines may vary based on the payment provider.
  • By submitting payment, the client acknowledges and agrees to all terms outlined in this Payment Plans & Cancellation Policy.

5. Minimum Notice Requirement

  • Evergreen requires a minimum of sixty (60) days’ notice for bookings.
  • Events booked with less than sixty (60) days’ notice are accepted solely at Evergreen’s discretion and are subject to:
    • Limited availability of qualified team members
    • Premium or rush pricing, including increased labor, travel, and operational costs
    • Modified delivery timelines, where applicable
  • Evergreen makes no guarantee of availability for bookings requested with less than sixty (60) days’ notice.
  • Acceptance of a short-notice booking does not obligate Evergreen to provide discounted rates, extended coverage, or standard delivery timelines.

Team Assignment & Creative Structure

1. Team-Based Coverage Model

  • Evergreen operates using a team-based photography and videography model. Booking Evergreen does not guarantee the assignment of a specific photographer, videographer, or business owner to the event.
  • Evergreen reserves the right to assign team members based on availability, venue location, logistics, and operational considerations.
  • The client understands and agrees that last-minute substitutions may be required due to illness, emergency, travel disruptions, equipment failure, or other circumstances beyond Evergreen’s reasonable control.
  • Any such substitution shall not constitute a breach of contract, provided the assigned team member is a qualified professional trained in Evergreen’s style and workflow.

Event Day Expectations

1. Coverage & Timeline

  • Coverage is based strictly on the number of hours outlined in the signed package.
  • Any schedule changes, delays, or extensions must be communicated directly to the Media Experience Advisor.
  • Evergreen is not responsible for missed coverage resulting from delays, schedule changes, venue restrictions, weather, or lack of cooperation from the client, wedding party, guests, or vendors.
  • Overtime may be added at Evergreen’s discretion based on crew availability and is not guaranteed.

2. Crew Meals

  • For events lasting six (6) hours or more, clients agree to provide a quality meal for each team member during the scheduled break.
  • If meals are not provided, Evergreen may take a brief offsite break to ensure team safety and performance quality.

3. Filming & Photographing Conditions

  • Clients are responsible for ensuring venue access and securing any required permits.
  • Evergreen is not liable for missed moments caused by environmental factors, venue policies, or third-party interference.

4. Substitutions Due to Illness or Emergency

  • In the event of illness, emergency, or unforeseen circumstances, Evergreen may assign a qualified associate team member.
  • All associates meet Evergreen’s professional standards and creative expectations, and such substitutions do not constitute grounds for refund or contract termination.

Creative Quality & Artistic Discretion

1. Artistic Style & Subjectivity

  • The client acknowledges that photography and videography are creative services and that artistic interpretation, composition, lighting, and editing are inherently subjective.
  • Evergreen agrees to perform services in a professional manner consistent with generally accepted industry standards and in alignment with its established portfolio and brand style.
  • Disappointment due to subjective preferences, stylistic interpretation, or creative judgment does not constitute a failure to deliver services or grounds for refund.

Delivery Timeline

1. Photo Delivery

  • Sneak peeks / previews: within 10 days of the event date.
  • Full photo gallery: within 30 days of the event date.

2. Video Delivery

  • 30-second teaser: within 20 days of the event date.
  • Highlight film and full edits: within 60 days of the event date.
  • Evergreen will notify clients in advance if timelines require adjustment.

3. Delivery Method

  • Final files are delivered digitally via secure drive link.
  • Galleries remain active for six (6) months from delivery.
  • Clients are responsible for downloading and backing up all final files.

Revisions & Editing Style

1. Editing Style

  • Evergreen delivers a modern, true-to-color, natural editing style that is part of its brand identity and is non-negotiable.
  • RAW or unedited files are not released under any circumstances.

2. Video Revisions

One (1) round of minor revisions is included for highlight films. Minor revisions include:

  • Swapping a clip
  • Adjusting background audio
  • Removing a specific shot

3. Photo Revisions

  • Requests outside Evergreen’s standard editing workflow will be reviewed on a case-by-case basis and are not guaranteed.

Force Majeure & Limitation of Liability

Evergreen Lens Media shall not be considered in breach of this Agreement, nor liable for failure or delay in performance, where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, severe weather, natural disasters, fire, flood, government orders, public health emergencies, transportation disruptions, power outages, civil unrest, or the sudden illness, injury, or unavailability of assigned personnel despite commercially reasonable efforts to secure a replacement (each, a “Force Majeure Event”).

In the event Evergreen Lens Media is unable to fulfill its obligations for the Event due to a Force Majeure Event or other unforeseen circumstances, Evergreen Lens Media will make commercially reasonable efforts to either (a) provide a qualified replacement professional, or (b) reschedule the services to a mutually agreed future date, subject to availability.

If Evergreen Lens Media is unable to provide a replacement or reschedule the services, Evergreen Lens Media’s total liability shall be limited to an amount not to exceed the total payments actually received by Evergreen Lens Media from the Client under this Agreement as of the Event date.

Under no circumstances shall Evergreen Lens Media be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to emotional distress, loss of enjoyment, lost profits, or reputational harm, regardless of the legal theory asserted, even if such damages were foreseeable.

This limitation of liability reflects the parties’ agreed allocation of risk and is consistent with accepted industry standards for professional wedding and event photography and videography services.

Electronic Communications & TCPA Compliance

TCPA (Telephone Consumer Protection Act): Requires express written consent (EWC) for marketing texts and prohibits auto-dialed calls/texts to mobile numbers.

1. Express Written Consent (Automated Messaging)

By submitting an inquiry, completing a form, signing an agreement, or submitting payment through Evergreen’s systems, the client provides express written consent to receive communications from Evergreen via:

  • SMS/text messages (including messages sent using automated dialing systems and workflows)
  • Email
  • Phone calls

Communications may include transactional, informational, and service-related messages, including booking confirmations, scheduling updates, payment reminders, event logistics, delivery notifications, and post-event follow-ups.

2. Consent Not Required for Purchase

The client acknowledges that consent to receive SMS or email communications is not a condition of purchasing services. Marketing communications, if sent, require separate consent and may be opted out of independently.

3. Message Frequency & Carrier Disclosure

Message frequency varies based on booking status, event timeline, and client interaction. Message and data rates may apply depending on the client’s mobile carrier. Evergreen is not responsible for delayed, filtered, or undelivered messages due to carrier limitations, spam filtering, or technical issues outside its control.

4. Opt-Out Instructions (TCPA Required)

Clients may opt out of SMS communications at any time by replying STOP to any text message. Clients may request assistance by replying HELP. Upon opting out, the client may receive one (1) final confirmation message. Opting out of SMS does not prevent Evergreen from sending essential transactional communications via alternate methods (e.g., email).

5. Email Communications

Clients may opt out of non-essential or marketing emails by using the unsubscribe link or submitting written notice. Transactional and service-related emails required to fulfill contractual obligations are exempt from opt-out restrictions.

6. Accuracy of Contact Information

The client represents that the phone number and email address provided belong to them and that they are authorized to receive communications at those addresses. The client agrees to promptly update Evergreen if contact information changes. Evergreen is not liable for communications sent to incorrect or reassigned numbers provided by the client.

7. Delivery & Acknowledgment

Communications sent via SMS / Email are considered delivered and received upon transmission, regardless of whether the client opens or responds to the message. Failure to review communications does not relieve the client of contractual responsibilities.

8. Business Hours & Response Time

Automated messages may be sent outside standard business hours. Live responses are provided during normal business hours, excluding weekends and holidays, unless otherwise agreed in writing.

Evergreen Lens Media — Terms & Conditions

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