Frequently Asked Questions
BASIC RULES
Do I need to agree to the Terms and Conditions to use the platform?
Yes, by accessing or using www.alesuart.com, you agree to comply with the Terms and Conditions. If you do not agree, you should not use the platform.
2. Can the Terms and Conditions change?
Yes, we may update the Terms at any time. If changes occur, we will notify you on the platform. You will need to review and accept the changes to continue using our services. If you do not agree, you can stop using the platform.
3. Who can use the platform?
You must be at least 18 years old or have the consent of a parent or legal guardian. ALE SU ART may request documentation to verify this requirement.
4. What is considered unauthorized use of the platform?
Unauthorized activities include:
• Attempting to access the platform or its systems without permission.
• Using the platform for illegal or fraudulent activities.
• Copying, modifying, or distributing content without authorization.
5. Is my personal information protected?
Yes, ALE SU ART processes your personal data in accordance with its Privacy Policy. By using the platform, you consent to this data processing.
INTELLECTUAL PROPERTY
1. Who owns the content on the platform?
All content on the platform (images, texts, logos, designs, etc.) is the exclusive property of ALE SU ART or its licensors and is protected by copyright laws in Mexico and internationally.
2. Can I use the content for commercial purposes?
No, you are only granted a personal, non-exclusive, non-transferable license to use the content. Commercial use, reproduction, or distribution without written consent is prohibited.
3. What happens if I misuse the content?
You are responsible for any unauthorized use of the content. ALE SU ART may take legal action, including removing content or canceling access to the platform.
4. Can I use content generated by users (like reviews or photos)?
Yes, by posting content (e.g., reviews or photos), you grant ALE SU ART a worldwide, non-exclusive, royalty-free license to use, modify, and display your content on the platform or for marketing purposes without compensation.
RETAINER AND PAYMENTS
What is the initial payment required to reserve ALE SU ART’s services?
To confirm the reservation, the Client must make a non-refundable payment equal to 50% of the total contract amount. This retainer guarantees the reserved date and time.
2. What payment methods can I use for the retainer?
The retainer can be paid via bank transfer or through the secure Stripe payment gateway, which complies with PCI-DSS standards for secure transactions.
3. When is the remaining balance due?
The remaining balance must be paid in full at least 20 days before the scheduled session date. Failure to meet this deadline will be considered a cancellation. See more information in the Terms and Conditions.
4. Can I authorize recurring payments?
Yes, by accepting the contract and making the initial payment via Stripe, you authorize ALE SU ART to charge your credit/debit card or other payment methods as agreed, including any installment payments.
5. What happens if my payment is declined or not processed?
If a payment is declined, the Client must resolve the issue within 3 business days to avoid service suspension.
6. Are my payment details secure?
ALE SU ART does not store sensitive payment information. All transactions are processed securely through Stripe’s encrypted servers.
7. What if I dispute a payment?
By proceeding with the retainer and any subsequent payments, the Client waives the right to initiate chargebacks, claims, or disputes related to the payments made.
CANCELLATION POLICY
1. What happens if I cancel before or on the same day of the session?
If the Client cancels before or on the session date, ALE SU ART will retain the full retainer and any payments made, due to the non-refundable nature of the retainer and the previously agreed terms.
2. What if I cancel within 20 days of the session or after the session?
If the cancellation occurs within 20 days before the session or after the session date, the Client will still be required to pay the full contract amount as ALE SU ART has reserved the date and resources.
3. Will I receive a refund if I cancel?
No refunds will be given for cancellations made within 20 days of the session or after the session date.
4. What if there is a force majeure event (e.g., natural disasters, pandemics)?
In the case of force majeure, ALE SU ART will work with the Client to reschedule the session without penalties. However, if the Client chooses to cancel instead of rescheduling, the same non-refundable terms will apply.
5. What happens if I dispute the cancellation or make a chargeback?
By agreeing to these terms, the Client waives the right to initiate payment disputes, chargebacks, or claims related to the cancellation policy. Legal proceedings, if necessary, will take place in Mexico City, and the Client will be responsible for all related legal costs.
RESCHEDULING
1. How can I request to reschedule my session?
If you request to reschedule at least 10 days prior to the original session date, the retainer may be applied to the new date, depending on ALE SU ART’s availability. The new date will be confirmed based on the calendar.
2. What happens if I cannot attend the new date?
If you are unable to attend the newly assigned date, the retainer will be non-refundable and will not be applied to future rescheduling.
3. What if the session needs to be rescheduled due to weather or force majeure events (e.g., natural disasters, pandemics)?
In the event of extreme weather or force majeure, the session can be rescheduled at no extra cost. The retainer will remain valid for the new date, and you will not be held responsible for missing the original date.
4. What if ALE SU ART needs to reschedule the session?
If ALE SU ART needs to reschedule due to internal circumstances (e.g., staff illness), every effort will be made to find a new date convenient for the Client. If the new date is not feasible, the Client may opt to cancel without additional payment obligations beyond what has already been paid.
MATERIALS AND COPYRIGHT
1. When will my images and videos be delivered?
Images will be delivered within 3 weeks after the session in high-resolution .jpg format via an online gallery.
• Videos will be delivered in .mp4 format in 4K resolution (horizontal or vertical orientation, depending on your selection).
2. Will I receive RAW images or videos?
No, RAW images and RAW video files will not be delivered under any circumstances.
3. Who owns the materials created during the session?
All materials (images, videos, negatives, proofs, etc.) are the exclusive property of ALE SU ART. The Client cannot request copies or make modifications to these materials.
4. Are the dresses and accessories used during the session protected?
Yes, the dresses, headpieces, and accessories used in the session are protected by copyright law. Reproduction or any other use without prior written authorization from ALE SU ART is prohibited.
5. Can I use the images or videos for my own purposes?
The Client grants ALE SU ART a license to use the images and videos for promotion, advertising, social media, and other commercial purposes. If you wish to exclude or restrict this use, you can submit a written request, which will be evaluated by ALE SU ART.
LIMIT OF LIABILITY
1. What happens if ALE SU ART cannot perform the session due to an emergency?
If ALE SU ART or its representatives are unable to perform the session due to injury, serious illness, or an emergency, we will try to reschedule the session to a mutually convenient date. If rescheduling is not possible, ALE SU ART’s liability will be limited to a refund of payments received for the purchased package, without any additional responsibility.
2. What happens if my materials (photos/videos) are lost or damaged?
While ALE SU ART takes great care in handling all materials, we are not liable for loss, theft, or damage to photos, videos, or other materials due to circumstances beyond our control, such as:
• Technical failures or system errors
• Location restrictions
• Acts of force majeure (e.g., natural disasters)
ALE SU ART is committed to minimizing such incidents, but we will not be responsible for indirect, incidental, or consequential damages.
NATURAL CONDITIONS AND RISKS
1. What safety measures should I follow during the session?
The Client agrees to follow all safety instructions provided by ALE SU ART and its representatives, including handling of equipment and safety at locations. ALE SU ART is not responsible for incidents caused by the Client’s failure to comply with these instructions.
2. Is ALE SU ART responsible for accidents or damages during the session?
No, ALE SU ART assumes no responsibility for:
• Accidents or damages related to the location or external conditions (e.g., adverse weather).
• Loss or damage to personal belongings or equipment brought by the Client.
• Personal or material damages not caused by ALE SU ART’s negligence or that of its representatives.
3. Who is responsible for my personal belongings during the session?
The Client is responsible for their personal belongings and any equipment they bring to the session. ALE SU ART will not be liable for any loss or damage to these items.
ARCHIVE
1. How long will ALE SU ART keep my images and videos?
ALE SU ART will keep your images and videos for 6 months after delivery. After this period, they will be deleted unless used for promotional purposes, in which case they will be kept indefinitely. ALE SU ART is not responsible for their availability after the 6-month period.
PHYSICAL RESPONSIBILITY
1. What is my responsibility during the session?
You are responsible for your safety and the safety of any accompanying persons (children, pets, guests) during the session. ALE SU ART is not liable for any accidents or damages.
2. How is my personal information handled?
ALE SU ART will keep your personal and sensitive information confidential and will not share it with third parties without your written consent, unless required by law.
EDITING PROCESS AND LIMITATIONS
1. What does the editing process include?
The editing process involves color adjustments, contrast, and tonal correction to enhance image and video quality.
No significant modifications will be made to the body, background, or scene unless agreed upon by both parties and may incur additional costs.
2. Do I have control over major edits?
Any substantial alteration requests (such as changes to the body or background) must be agreed upon by both the client and ALE SU ART, and may be subject to an additional cost.
3. What laws govern the use of my content?
Both the client and ALE SU ART agree to comply with all applicable local, state, federal, and international laws, including Mexico’s Federal Law on the Protection of Personal Data and intellectual property laws.
MODEL RELEASE AUTHORIZATION
1. What rights am I granting to ALE SU ART regarding the images and videos?
By participating in the session, you grant ALE SU ART the irrevocable, exclusive, royalty-free, and unlimited right to use, reproduce, modify, distribute, and display the images and videos for promotional, commercial, educational, or other purposes related to ALE SU ART’s activities.
2. Will I receive additional compensation for the use of my images?
No, the images and videos may be used on various platforms (social media, websites, print materials, etc.) without any additional compensation.
MODEL RELEASE AUTHORIZATION
1. What is the purpose of collecting my personal data?
Your personal data is collected solely for the purpose of contracting services and ensuring the proper execution of your photographic or video session with ALE SU ART. It may also be used for administrative, operational, and marketing purposes.
2. What are ARCO rights?
ARCO rights allow you to:
• Access your personal data and understand how it is being used.
• Rectify any inaccuracies or incomplete information.
• Cancel your data if it’s no longer needed.
• Oppose processing if there are valid reasons.
3. How can I exercise my ARCO rights?
To exercise any of these rights, send a written request to catrinas@alesuart.com, including your full name, contact info, and a description of your request (access, rectification, cancellation, or opposition).
4. How long will it take to process my request?
ALE SU ART will respond to your request within 20 business days. If applicable, the change will take effect within an additional 15 days.
5. Can my personal data be shared with third parties?
ALE SU ART may transfer your personal data to third parties only when necessary for the services provided or as permitted by law. Any such transfers will be communicated to you as per the Privacy Notice.
6. What if I want to revoke my consent for data processing?
You can revoke your consent for the processing of your personal data at any time. This will not affect the legality of processing based on your prior consent.
INDEMNIFICATION
1. What does the Client need to indemnify ALE SU ART for?
The Client agrees to indemnify ALE SU ART for any claims, losses, or damages arising from:
• Improper use of services, images, or videos.
• Violation of the contract terms.
• Unauthorized use of copyrighted content.
• Negligence or illegal acts by the Client or their companions during the session.
2. What is the scope of the Client’s indemnification obligation?
The Client’s indemnity covers:
• Unauthorized commercial use of ALE SU ART’s images or videos.
• Failure to obtain permission for third-party appearances in the material.
• Unauthorized distribution of images or videos infringing third-party rights.
3. Can the Client file claims against ALE SU ART?
No, the Client waives the right to claim damages or initiate legal proceedings against ALE SU ART, especially regarding the authorized use of images, videos, or content.
4. Who owns the intellectual property of the images and videos?
ALE SU ART exclusively owns the intellectual property rights of all images and videos created. Any misuse by the Client is subject to legal action.
5. Who covers legal costs if ALE SU ART needs to participate in legal proceedings?
The Client is responsible for covering all defense costs, including legal fees and any expenses, if ALE SU ART is required to defend itself due to the Client’s actions or omissions.
6. Can ALE SU ART use third parties for services?
Yes, ALE SU ART may hire third parties for certain tasks like editing or transportation but will remain responsible for the service quality and confidentiality.
7. What happens if force majeure events prevent fulfilling the contract?
Neither party will be liable for failing to meet obligations if events beyond their control (e.g., natural disasters, pandemics, or legal restrictions) occur.
8. Can ALE SU ART modify the terms of the contract?
Yes, ALE SU ART reserves the right to modify, update, or supplement the terms. The Client will be notified and can choose to accept or reject the new terms before continuing with the services.
DISPUTE RESOLUTION
1. How should a dispute be resolved initially?
Both parties agree to attempt to resolve any dispute amicably through direct negotiations conducted in good faith within 15 business days of the dispute notification.
2. What happens if negotiations fail?
If no resolution is reached within the specified time, the dispute will be submitted to mandatory mediation with a neutral certified mediator, with both parties sharing the mediation costs equally.
3. What happens if mediation does not resolve the dispute?
If mediation fails, the dispute will proceed to binding arbitration with a single arbitrator from the Mexican Arbitration Center (CAM) or another mutually agreed-upon institution. The decision will be final, binding, and enforceable.
4. Where and in what language will the arbitration take place?
Arbitration will take place in Mexico City, in Spanish, unless both parties agree on a different location or language.
5. Can the Client or ALE SU ART go to court during a dispute?
Both parties waive their right to take any dispute to judicial courts, except to enforce the arbitration award or in case of non-compliance with the contract terms.
6. Do the contract obligations continue during a dispute?
Yes, the parties must continue fulfilling all contractual obligations, except those directly related to the dispute.
7. What is the time limit for filing claims?
Claims arising from this contract must be filed within 6 months from the event that triggered the dispute. Claims filed after this period will be invalid.
8. Can the Client file chargebacks or payment disputes?
The Client waives the right to file chargebacks or payment disputes through banking institutions or payment platforms, agreeing that any dispute should be resolved per this section.
PROHIBITION OF PROMOTIONAL USE BY THE CLIENT
1. Can the Client use the images and videos for commercial purposes?
No, the photographs and videos provided by ALE SU ART are for personal use only. Commercial use, including promotional, advertising, or profit-making purposes, is strictly prohibited without prior written authorization.
2. Is the Client allowed to share the images or videos on social media?
Yes, the Client can share images or videos on social media, but they must credit ALE SU ART and include a direct link to ALE SU ART’s official website or social media pages.
3. Can the Client modify or alter the images and videos?
No, the Client is prohibited from modifying, altering, or editing the images and videos, including removing watermarks or logos, without express written authorization from ALE SU ART.
4. Can the Client use the images or videos on commercial platforms or for NFTs?
No, the images and videos cannot be used on sales platforms, image licensing sites, or for creating NFTs (Non-Fungible Tokens) or any activity involving commercialization.
5. What happens if the Client violates these terms?
Violating these terms will result in the immediate revocation of the Client’s rights to use the images and videos and may lead to legal and financial penalties as per the laws of Mexico and the United States.
6. What if ALE SU ART detects unauthorized use of the images?
ALE SU ART will notify the Client in writing, and the Client must remove the unauthorized content within 5 business days. Failure to comply will result in legal action.
ACCEPTANCE OF TERMS AND CONDITIONS
1. What happens when the Client makes a reservation on ALE SU ART’s platform?
By making a reservation and any payment, the Client implicitly declares that they have read, understood, and accepted the terms and conditions in this agreement. This act constitutes a binding agreement with ALE SU ART.
2. Is it the Client’s responsibility to read the terms and conditions?
Yes, it is the Client’s responsibility to carefully read the terms and conditions before making a reservation. Ignoring them does not exempt the Client from the obligations stated in the agreement.
3. Can the Client claim ignorance of the terms after accepting them?
No, by accepting these terms at the time of reservation, the Client waives any claims based on lack of knowledge of the terms or policies outlined in this agreement.
4. How does the Client confirm their acceptance of the terms?
The Client confirms their acceptance by making any payment on ALE SU ART’s platform, which holds the same legal validity as a handwritten signature.
5. Does ALE SU ART keep proof of the Client’s acceptance?
Yes, ALE SU ART may maintain an electronic record of the Client’s acceptance of the terms as proof in case of future disputes or claims.
MODIFICATION OF TERMS AND CONDITIONS
1. Can ALE SU ART change the terms and conditions of this agreement?
Yes, ALE SU ART reserves the right to modify or update the terms and conditions at any time. Any changes will be published on the official website and notified to the Client through available means, including email or notifications on the booking platform.
2. When do the updated terms become effective?
The modified terms will become effective from the date of publication and will replace any prior versions. By continuing to use ALE SU ART’s services after the modification, the Client automatically accepts the new terms.
3. What is expected when sharing images or videos created by ALE SU ART?
If the Client shares any images or videos, they are requested to include a link to ALE SU ART’s website or social media (Facebook or Instagram) and give proper credit for the content.
4. How should the Client respect ALE SU ART’s work?
The Client should value the effort, time, money, equipment, and professional training invested in creating the images or videos. Misusing or appropriating ALE SU ART’s images without prior authorization is strictly prohibited.
5. What should the Client do if they have questions about copyright or proper use of the images?
If the Client has any questions about copyright or the appropriate use of images, they should contact ALE SU ART directly to avoid misunderstandings or issues.
For any questions or to review the full clauses, please refer to our Terms and Conditions.