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Terms and Conditions

Wishwell Inc.

Effective Date: 1-1-25 Last Updated: 1-1-26

Welcome to Wishwell Inc. ("Wishwell," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website [insert website URL], our photography and videography services, our vendor and contractor platforms (including our Associate Dispatch System, defined below), and any related communications or services we provide (collectively, the "Services").

Please read these Terms carefully. By accessing or using our Services — including by booking us, joining our associate roster, or receiving communications through our Associate Dispatch System — you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. Definitions

  • "Client" means a couple, individual, or organization that inquires about or books our photography or videography services.

  • "Associate" or "Contractor" means an independent photographer, videographer, or other service provider who receives work opportunities from Wishwell.

  • "Associate Dispatch System" or "ADS" means our internal platform used to offer jobs to, communicate with, and coordinate assignments for Associates, including by email and SMS text message.

  • "Content" means text, images, video, and other materials made available through the Services.

2. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use our Services. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is accurate and current.

3. Our Services

Wishwell provides professional photography and videography services for events, along with related coordination, staffing, and delivery services. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

4. Bookings, Payments, and Cancellations (Clients)

Bookings are confirmed in accordance with the applicable service agreement, contract, or invoice provided to you. Payment terms, deposits, cancellation, and rescheduling policies are set out in your individual agreement with Wishwell. In the event of any conflict between these Terms and a signed service agreement, the signed agreement controls with respect to that engagement.

5. Associate Dispatch System (ADS) Terms

These provisions apply to Associates and Contractors who use or receive communications through the ADS.

5.1 Independent Contractor Relationship. Associates are independent contractors, not employees, partners, or agents of Wishwell. Nothing in these Terms or in any use of the ADS creates an employment relationship. Associates are responsible for their own taxes, equipment, insurance, and business operations, as further described in any applicable contractor agreement or guidelines.

5.2 Use of the ADS. The ADS is provided to help us offer and coordinate work. When you join our roster, you may be given access to an account or vendor portal. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to provide accurate contact and business information and to keep it up to date.

5.3 No Guarantee of Work. Job offers delivered through the ADS are offers only. Wishwell does not guarantee any minimum amount of work, and Associates are free to accept or decline offers, subject to any commitments they have already made. Acceptance of a job through the ADS creates the obligations described in the applicable assignment and guidelines.

5.4 Electronic and SMS Communications Consent. By providing your email address and mobile phone number and agreeing to receive communications — verbally during onboarding and/or in writing through our onboarding materials — you consent to receive operational messages from Wishwell through the ADS, including job offers, assignment confirmations, event details, and updates.

  • SMS messages: Message frequency varies based on job activity. Message and data rates may apply. You can opt out of text messages at any time by replying STOP, and can request help by replying HELP. Opting out of SMS may limit our ability to notify you of available work by text; you may continue to receive job information through email or the vendor portal.

  • Mobile data: Mobile information collected through the ADS, including your phone number and messaging consent, is used only to deliver the communications described above and is not shared or sold to third parties for their marketing purposes. It is shared only with the messaging providers that transmit messages on our behalf.

5.5 Associate Obligations. Associates agree to comply with the requirements set out in the Wishwell Photographer Guidelines and any applicable contractor agreement, including but not limited to insurance requirements, file-handling and retention obligations, professionalism standards, and timely communication. Failure to meet these obligations may result in removal from the roster.

5.6 Removal and Deactivation. Wishwell may suspend or remove an Associate's access to the ADS at any time, with or without cause, including for violation of these Terms, the guidelines, or any contractor agreement.

6. Acceptable Use

You agree not to use the Services to:

  • Violate any applicable law or regulation;

  • Infringe the intellectual property or privacy rights of others;

  • Transmit harmful, fraudulent, harassing, or misleading content;

  • Attempt to gain unauthorized access to our systems, accounts, or data;

  • Interfere with or disrupt the integrity or performance of the Services.

We reserve the right to investigate and take appropriate action against anyone who violates this section.

7. Intellectual Property

7.1 Wishwell Content. All Content on our website and within our Services — including our name, logo, text, graphics, and design — is owned by or licensed to Wishwell and is protected by intellectual property laws. You may not copy, reproduce, or use it without our prior written permission, except as expressly permitted.

7.2 Event Images and Footage. Ownership, licensing, and permitted use of images and footage captured for an event are governed by the applicable client service agreement and, for Associates, by the Wishwell Photographer Guidelines and contractor agreement. Associates' rights to use images they capture (for example, for their own portfolio or social media) are limited as described in those documents.

8. User Accounts and Security

If you create or are given an account (including an ADS or vendor portal account), you are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly of any unauthorized use. We are not liable for any loss arising from your failure to protect your account.

9. Third-Party Services and Links

Our Services rely on and may link to third-party platforms (such as messaging, email, payment, and file-storage providers). We do not control and are not responsible for the content, policies, or practices of these third parties. Your use of third-party services is subject to their terms and policies.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that messages sent through the ADS will always be delivered on time or at all. This section does not limit any warranties that cannot be excluded under applicable law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISHWELL AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless Wishwell and its owners, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice. Upon termination, the provisions of these Terms that by their nature should survive — including intellectual property, disclaimers, limitation of liability, and indemnification — will continue to apply.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved in the state or federal courts located in [County], California, and you consent to the personal jurisdiction of those courts. [If you wish to require arbitration instead, insert an arbitration clause here after review by legal counsel.]

15. Changes to These Terms

We may revise these Terms from time to time. When we do, we will update the "Last Updated" date above and, where appropriate, provide additional notice. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms.

16. Contact Us

If you have questions about these Terms, please contact us at:

Email: hello@wishwellproductions.com] Phone: (760)845-1983

© 2026 Wishwell Inc.

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