Terms And Conditions

PHOTOGRAPHY POLICY

Kindly take note that these are important terms and conditions affecting your rights as our client and should be read carefully prior to affixing your signature herein.
The Particulars stated hereinabove and this Rental Policy shall constitute a binding agreement entered into between you as a The Particulars stated hereinabove and this Photography Policy shall constitute a binding agreement entered into between you as our client and us as your service provider and that no variation or modification of this agreement shall be binding between the parties unless accepted by us and you, in writing.

1. DEFINITION

1.1 “You” or “Your” means and refers to the bride and groom who signing this Photography Policy;
1.2 “We” or “Us” or “Our” means and refers to Studio Wonkyu (M) Sdn Bhd (Company No.: 118349-H), a private limited company incorporated under the applicable laws of Malaysia and with its place of business at Unit B-05-30, Empire Soho, Empire Subang, Jalan SS16/1, SS16, 47500 Subang Jaya, Selangor Darul Ehsan.
1.3 “Photography Package” means and refers to the pre-wedding photography package selected by you and offered by us hereinabove.
1.4 “Package Price” means and refers to the total amount payable by you as consideration for the pre-wedding photography services to be provided to you in accordance with the Photography Package and the terms and conditions contained herein.
1.5 “Studio” means and refers to the theme of the indoor backdrop and setting selected by you hereinabove for the photography session to be held.
1.6 “Deposit” means and refers to the part payment of the Package Price in such amount as stated hereinabove which shall be made by you to us upon the signing of this Booking Form.
1.7 “Booking Fee” means and refers to the part payment of the Package Price in such amount as stated hereinabove which shall be made by you to us at such time as stated hereinbelow for the purpose of securing the confirmation of the Shooting Date.
1.8 “Balance” means and refers to the remaining balance of the Package Price as stated hereinabove to be paid by you to Studio Wonkyu Korea in Korean Republic Won in such manner and at such time stated hereinbelow.
1.9 “Studio Wonkyu’s Korean Partners” mean and refer to Studio Wonkyu Korean being the Photography Studio, Rosa Sposa Korea being the Wedding Garments Provider, Jenny House and/or Soonsoo being the Make-Up Artists based and operating in the Republic of Korea (commonly known as “South Korea”).
1.10 “Shooting Date” means and refers to Day 2 of the Schedule provided in the Photography Package as stated hereinabove.
1.11 The heading to the clause of this Photography Policy are for ease of reference only and should not be taken into account when interpreting anything in this Photography Policy.

2. PHOTOGRAPHY SERVICE

2.1 We hereby agree to provide to you and you hereby agree to accept from us the photography service as per the Photography Package in accordance with the terms and conditions set forth herein.
2.2 The Deposit shall be paid in full by you to us upon the execution of this Booking Form.
2.3 The Balance shall be paid in full by you to Studio Wonkyu Korea at the Republic of Korea in cash (Korean Republic Won) on any of the following dates:-
2.3.1 Day 1 of the Schedule provided in the Photography Package if you so desire the photographs to be delivered to you by way of email as per the email address stated hereinabove; or
2.3.2 Day 3 of the Schedule provided in the Photography Package if you so desire to collect the photographs in a date storage device on the same date.

3. SELECTION OF SHOOTING DATE

3.1 The Shooting Date to be selected by you shall be strictly subject to the availability of the Studio Wonkyu’s Korean Partners.
3.2 You shall notify us of your desired Shooting Date within two (2) years from the date of execution of this Booking Form and such desired Shooting Date shall be at least forty five (45) days from the date of which such notification being made by you to us.
3.3 If you shall fail, omit and/or neglect to notify us of your desired Shooting Date within the time period as stipulated in clause 3.2 above, you shall be deemed to have cancelled the booking of the Photography Package and we shall be entitled to forfeit the Deposit as agreed liquidated damages without any prior notice of whatsoever nature.
3.4 In furtherance to clause 3.3 above, if your desired Shooting Date is less than forty five (45) days from the date of which the same is being notified by you to us, we are under no responsibility and/or obligation to consider such notification and you shall be deemed to have not made any such notification as required under clause 3.2 above.
3.5 You shall pay the Booking Fee to us within three (3) days from the date of which we have notified you that your desired Shooting Date is available for booking and if such payment is not made within the stipulated time period, you shall be deemed to have not made any such notification as required under clause 3.2 above.
3.6 In the event that your desired Shooting Date is unavailable be it prior to or on the date of which the Booking Fee being made, the following shall apply:-
3.6.1 you shall notify us your next desired Shooting Date within fourteen (14) days from the date of which we notified you the unavailability of your initial desired Shooting Date for booking and such next desired Shooting Date shall not be less than forty five (45) days from the date of which such subsequent notification being made by you;
3.6.2 if you shall fail, omit and/or neglect to notify us of your next desired Shooting Date within the time period stipulated in clause 3.6.1 above, you shall be deemed to have cancelled the booking of the Photography Package and we shall be entitled to forfeit the Deposit and/or the Booking Fee as an agreed liquidated damage without any prior notice of whatsoever nature;
3.6.3 you shall pay the Booking Fee to us within three (3) days from date of which we have notified you that your next desired Shooting Date is available for booking and if such payment is not made within the stipulated time period, you shall be deemed to have not made any such notification as required under clause 3.6.1 above (if such payment has yet to be made by you); and
3.6.4 if your next desired Shooting Date shall be less than forty five (45) days from the date of which the same being notified by you, we are under no responsibility and/or obligation to consider such notification and you shall be deemed to have not made any such notification as required under clause 3.6.1 above.
3.7 In the event that your next desired Shooting Date is also unavailable be it prior to or on the date of which the Booking Fee being made, clause 3.6.1 to 3.6.4 shall apply.
3.8 Your desired Shooting Date being notified in pursuant to clause 3.2 or clause 3.6.1 above shall only be deemed secured and booked upon us issuing you a written notice confirming the same which shall be strictly subject to the availability of the Studio Wonkyu’s Korean Partners.

4. VARIATION OF THE SHOOTING DATE

4.1 Once your desired shooting date has been secured and booked in pursuant to clause 3.8 above (“Secured Shooting Date”), any request for variation of the Secured Shooting Date shall be subject to our prior approval and any additional charges as may be imposed on you at our absolute discretion.
4.2 Any request for variation of the Secured Shooting Date shall be made by you at least forty five (45) days prior to the Secured Shooting Date and your varied Shooting Date shall not be less than forty five (45) days from the date of which such request for variation being made.
4.3 You shall pay us the additional charges in full as may be imposed on you in pursuant to clause 4.1 above within three (3) days from date of which we have notified you that your desired varied Shooting Date is available for booking and if such payment is not made within the stipulated time period, you shall be deemed to have not made any such request for variation under clause 4.1 above.
4.4 In the event that the request for variation under clause 4.1 above made by you less than forty five (45) days from the Secured Shooting Date and/or your desired varied Shooting Date is less than forty five (45) days from the date of which such request for variation being made, we are under no responsibility and/or obligation to consider such request for variation and you shall be deemed to have not made any such request for variation under clause 4.1 above.
4.5 In the event your desired varied Shooting Date is unavailable for booking as at the date of the additional charges being made, we shall refund such payment in full (without any interest) to you and you shall be deemed to have not made any such request for variation under clause 4.1 above unless otherwise agreed between the parties.
4.6 Your desired varied Shooting Date shall only be deemed secured and booked upon us issuing you a written notice confirming the same which shall strictly subject to the availability of the Studio Wonkyu’s Korean Partners.
4.7 You are only entitled to make a request to vary the Secured Shooting Date for one (1) time unless otherwise agreed between the parties.
4.8 We shall be entitled to reject any request to vary the Secured Shooting Date made by you in our absolute discretion without assigning any reason(s) thereto.
4.9 We shall be entitled to vary the Secured Shooting Date or the varied Secured Shooting Date, as the case may be, for whatsoever reason(s) we deemed fit and proper provided that you are agreeable to such varied Shooting Date made by us. In the event that you are not agreeable to such varied Shooting Date, either you or us shall be entitled to cancel the booking of the Photography Package and upon such cancellation, we shall only be required to refund in full (without interest) whatsoever payment made by you in pursuant to the clauses herein.
4.10 You hereby acknowledge and confirm that we shall not be held liable for any losses, damages and/or injuries that may be suffered by you and/or any third party in consequence of the variation and/or cancellation made by us in pursuant to clause 4.9 above.

5. VARIATION OF THE SHOOTING STUDIO BY US

5.1 We shall be entitled to vary the design of the Studio selected by you hereinabove in our absolute discretion at any time without any prior notice given regardless as to whether you are agreeable to such variation and the same shall not constitute a ground for cancellation of the booking of the Photography Package.

6. VARIATION OF THE PHOTOGRAPHY PACKAGE

6.1 Any variation to the Photography Package by you shall be subject to our prior approval and any additional charges as maybe imposed by us in our absolute discretion.
6.2 Any request to vary the Photography Package shall be made by you no less than forty five (45) days from the Secured Shooting Date or the varied Secured Shooting Date, as the case may be, otherwise we are under no obligation and/or responsibility to consider such request for variation and you shall be deemed to have not made any such request for variation.
6.3 The written approval given by us in pursuant to clause 6.1 above shall only be effective and binding between the parties upon full payment of any additional charges as may be imposed by us in relation thereof (if any) has been paid by you in full within three (3) days from the date of the said written approval otherwise such conditional approval shall be deemed withdrawn by us.
6.4 You are only entitled to make a request to vary the Photography Package for one (1) time unless otherwise agreed between the parties.
6.5 Notwithstanding of clause 6.3 above, we shall be entitled to withdraw the written approval given in pursuant to clause 6.1 above for whatsoever reason(s) we deemed fit and proper provided that seven (7) days’ prior notice is being given from the Secured Shooting Date or the varied Secured Shooting Date, as the case may be, and upon such cancellation, we shall only be required to refund to you in full (without any interest) any additional charges paid by you in relation thereof, if the same has been paid by you.
6.6 We shall be entitled to vary the Photography Package for whatsoever reason(s) we deemed fit and proper without any prior notice given provided you shall be agreeable to such variation made by us. In the event that you are not agreeable to such variation made by us, either us or you shall be entitled to cancel the booking of the Photography Package and upon such cancellation, we shall only be required to refund to you in full (without any interest) whatsoever payment made by you in pursuant to the same.
6.7 You hereby acknowledge and confirm that we shall not be held liable for any losses, damages and/or injuries that may be suffered by you and/or any third party in consequence of the variation and/or cancellation and/or withdrawal made by us in pursuant to clause 6.5 and/or 6.6 above.

7. CANCELLATION OF THE PHOTOGRAPHY PACKAGE

7.1 You are not entitled to cancel the booking of the Photography Package save and except in pursuant to clause 4.9 or 6.6 above, as the case maybe, otherwise we shall be entitled to forfeit whatsoever payment made by you in pursuant to the booking of the Photography Package.
7.2 We shall be entitled to cancel the booking of the Photography Package at any time without any prior notice given for whatsoever reason(s) we deemed fit and proper and upon such cancellation we shall only be required to refund to you in full (without any interest) whatsoever payment made by you in pursuant to the same.
7.3 You hereby acknowledge and confirm that we shall not be held liable for any losses, damages and/or injuries that may be suffered by you and/or any third party in consequence of the cancellation made by us in pursuant to clause 7.2 above.

8. APPOINTED FOR COMMENCEMENT OF SCHEDULE

8.1 We shall notify you the appointed date and time for Day 1 of the Schedule provided in the Photography Package as stated hereinabove no less than fourteen (14) days from the Secured Shooting Date or the varied Secured Shooting Date, as the case may be.
8.2 We shall notify you the appointed time for the commencement of the session for Day 2 of the Schedule provided in the Photography Package as stated hereinabove no less than fourteen (14) days from the Secured Shooting Date or the varied Secured Shooting Date, as the case may be.
8.3 The appointed time for commencement of the session for Day 3 shall be notified by Studio Wonkyu Korea on Day 2 after the completion of the photography session if you so desire to collect the photographs on Day 3.
8.4 We and/or the Studio Wonkyu’s Korean Partners shall be entitled to vary the appointed time for commencement of each session for Day 1, Day 2 and/or Day 3 at any time without any prior notice given for any reason(s) we and/or the Studio Wonkyu’s Korean Partners deemed fit and proper and such variation shall not constitute a ground for cancellation of the booking of the Photography Package.
8.5 You hereby irrevocably agree and confirm that you would attend to each and every session for Day 1, Day 2 and/or Day 3 on the appointed time punctually. We and/or Studio Wonkyu’s Korean Partners shall not be held accountable for failure to deliver your photographs due to your lateness or absence for whatsoever reason and/or incident beyond ours and/or the Studio Wonkyu’s Korean Partners’ control.
8.6 You shall notify us as to whether you so desire to collect your photographs in a data storage device on Day 3 no less than seven (7) days from the Secured Shooting Date or varied Secured Shooting Date, as the case may be, otherwise you shall be deemed to have decided to collect the same on Day 3 and payment for the Balance shall be made in accordance to clause 2.3.2 above.
8.7 In the event that you shall fail, omit and/or neglect to pay the Balance in accordance to clause 2.3.1 or 2.3.2 above, as the case may be, we and/or the Studio Wonkyu Korea are entitled to deal with your photographs and/or all the other related merchandise in whatsoever manner as we and/or the Studio Wonkyu Korea deemed fit and proper without prejudice to whatsoever rights we may have against you in law and/or equity in relation to such breach.

9. EDITION OF THE PHOTOGRAPHS

9.1 You shall notify us of your desire to edit your photograph(s) selected by your goodselves within six (6) months from your shooting date.
9.2 In the event that you shall fail, omit and/or neglect to notify us as to whether you so desire to edit the photograph(s) within the stipulated time period as stated in Clause 9.1 above, we are under no responsibility and/or obligation to consider such notification and you shall be deemed to have not made any such notification as required under Clause 9.1 above.
9.3 Any request for reediting the photograph(s) selected by your goodselves as stated in paragraph 9.1 above shall be made within fourteen (14) days from the date of your receipt of the edited or reedited photograph(s) by way of email.
9.4 In the event you shall fail, omit and/or neglect to notify us as to whether you so desire to reedit the photograph(s) within the stipulated time period as stated in paragraph 9.3 above, we shall deem that the edited and/or reedited photographs are to your full satisfaction and proceed with the printing of the photographs without any further reference to you (“Final Confirmation”).
9.5 The edited and/or reedited photographs shall be ready for collection within fourteen (14) days upon your Final Confirmation.

10. RIGHT TO PUBLISH PHOTOGRAPHS

10.1 You hereby grant us the irrevocable and unrestricted right to use and/or publish your photographs for editorial, trade, advertising and/or any other purpose in any manner and medium as we deemed fit and proper and/or to alter the same without whatsoever restriction.

11. INVALID PAYMENT

11.1 In the event that you shall make payment for the Deposit, Booking Fee and/or any other additional charges as may be imposed by us under the clauses herein in any manner other than cash (which include but not limited to cheque, credit card, debit card and interbank-transfer) and if any such payment shall become invalid for any reason(s) not attributed to us, the following shall apply:-
11.1.1 you shall pay to us in cash for such abovestated invalid payment within three (3) days from the date in respect of which you are being notified by us of such invalid payment; and
11.1.2 if you shall fail, omit and/or neglect to comply with clause 10.1.1 above, we shall be entitled to cancel the booking of the Photography Package without any prior notice given and upon such cancellation, we shall be entitled to forfeit whatsoever monies paid by you in pursuant to the booking of the Photography Package.

12. LIMITATION OF LIABILITY & INDEMNITY OF STUDIO WONKYU

12.1 Neither us nor our directors, officers, employees, service provider and/or agents shall be liable for any losses, damages and/or injuries, whether direct, indirect, consequential or otherwise arising from the Photography Package and whether such losses, damages and/or injuries result from breach of contract or negligence or gross negligence or otherwise which may be suffered by you and/or any third party.
12.2 Neither us nor our directors, officers, employees, service provider and/or agents shall have any liability with respect to, and you hereby waives, releases and agrees not to sue any of them upon, any special, indirect, incidental or consequential damages suffered or incurred by you in connection with, arising out of, or in any way related to the Photography Package.
12.3 We, our directors, officers, employees, service provider and/or agents are accordingly indemnified by you against any claim of any nature whatsoever and howsoever arising from any damages or loss which might be instituted against us, our directors, officers, employees, service provider or agents arising from or connected with or in pursuant to the Photography Package in this Agreement.

13. FORCE MAJUERE

13.1 Notwithstanding any other provisions herein, in the event we and/or the Studio Wonkyu’s Korean Partners are unable to perform any obligation(s) under this agreement and/or provide any service(s) due to any reason beyond our and/or Studio Wonkyu’s Korean Partner’s control, including but not limited to fire, earthquake, flood, natural catastrophe, epidemic, accidents, civil disturbance, riots, industrial dispute, war, act of God or any failure or disruption to telecommunication, electricity, water or any factor in a nature of a force majeure, we and/or the Studio Wonkyu’s Korean Partners shall not in any way be liable for any failure on its part to perform such obligations or for any inconvenience, loss, injury, damages suffered or incurred by the you and/or any third party.

14. TIME

14.1 Time wherever mentioned shall be of the essence of this Agreement.

15. LAW

15.1 This Agreement shall be governed by and construed in all respect of in accordance with the laws of Malaysia.

16. SEVERABILITY & WAIVER

16.1 If any provision of this Agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in force and effect.
16.2 No right of any of the parties hereto except by notice in writing signed by the relevant party. A waiver by any of the parties hereto pursuant to this clause will not prejudice his rights in respect of any subsequent breach of this Agreement.

17. NOTICE

17.1 Any correspondence, notice, request or demand required to be served by either party hereto on the other pursuant to the provisions of this Photography Policy shall be in writing and shall be deemed to be sufficiently served:-
a) if it is delivered by hand to such party, it shall be deemed to have been duly received by the addressee at the time of dispatch; or
b) if it is delivered by prepaid registered post addressed to such party at the address stated herein or at the last known address in Malaysia and it shall be deemed to have been duly received by the addressee at the time when such registered letter would in the ordinary course of post be delivered notwithstanding that it be delivered or returned undelivered by the postal authorities; or
c) if it is delivered by short message service (“SMS”), email or message vide any communication app on electronic device, it shall be deemed to have been received by the addressee, upon the SMS, email or message being sent;
d) if it is delivered by courier addressed to such party at the address stated herein or at the last known address in Malaysia, it shall be deemed to have been duly received by the addressee upon proof of a consignment note duly acknowledged by the addressee.