These Terms and Conditions govern the use of the ALE SU ART website, booking system, Día de Muertos Experience, and any related services, content, and products (collectively, the “Platform”).

Basic Rules

To use the Platform and book services, you agree to the following:

• You must be at least eighteen (18) years old or have valid authorization from a parent or legal guardian.
• You will not attempt any unauthorized access to the Platform, systems, or databases.
• All services and content are for personal, non-commercial use, unless a separate written agreement is in place.
• All information you provide (including contact and payment details) must be true, accurate, and current.
• ALE SU ART may suspend or terminate access to the Platform or services in case of misuse, fraud, or violation of these Terms.

Intellectual Property

All images, photographs, videos, texts, designs, logos, artworks, concepts, layouts, and any other materials (the “Content”) displayed or created by ALE SU ART or Día de Muertos Experience are protected by copyright and other intellectual property laws.

• You are granted a personal, non-transferable, non-exclusive license to use the delivered images and videos for personal use only, subject to these Terms.
• You may not copy, reproduce, distribute, modify, adapt, translate, resell, license, or create derivative works from the Content without prior written authorization from ALE SU ART.
• Any unauthorized use of the Content constitutes a violation of intellectual property rights and may lead to legal action.

Retainer, Payments and Automatic Charges

3.0 Duty to Review Messages

The Client is responsible for regularly checking their email and WhatsApp. Failure to read or respond to messages (including confirmations, instructions, or reminders) does not exempt the Client from automatic charges, no-show policies, or any other obligations under these Terms.

3.1 Initial Retainer

• To secure a booking, the Client must pay a retainer equal to 50% of the total package price.
• The retainer is strictly non-refundable and covers date reservation, time, preparation, and allocation of resources.

3.2 Payment Methods

• Payments may be made via bank transfer or through Stripe.
• Stripe processes payments under industry security standards (including PCI-DSS). The Client is responsible for any bank or platform fees.

3.3 Automatic Final Charge (20 Days Before)

By making a booking, the Client expressly authorizes ALE SU ART to charge the remaining balance of the service 20 days prior to the scheduled session date, using the payment method on file.

A payment receipt or confirmation will be sent to the Client via email once the charge is processed.

3.4 Payment Failures

If a payment is declined or cannot be processed, the Client must resolve the issue and complete the payment within 3 business days to avoid suspension or cancellation of the service.

3.5 Payment, Confirmation and No-Show Policy

• The Client may cancel or request rescheduling at least 24 hours in advance, by contacting our authorized assistants, and any change is subject to availability.
• If the Client fails to show up, fails to respond to confirmation messages, or cancels outside the permitted time: ALE SU ART may charge 100% of the service price with no refund.

3.6 High Season (October 27 – November 2, Any Year)

During high-demand periods, including but not limited to Día de Muertos (October 27 – November 2 of any year), email support may be limited or unavailable starting 3 days before the session dates. All updates, confirmations, or requests must be handled exclusively through our official WhatsApp channel during this time.

3.7 Itinerary Changes

Any request to change the itinerary (times, locations, package options) must be made at least 3 days in advance and will be subject to availability. No changes are guaranteed after this period.

Cancellation

If the Client cancels within the 20 days before the scheduled session date, the Client may be required to pay the full contract amount. Under no circumstances will payments be refunded, except in the limited cases expressly indicated in these Terms.

4.1 Client Responsibility for Booking Errors

The Client is solely responsible for carefully reviewing all information (date, time, location, package, and terms) before booking.

No refunds will be issued for:

• incorrect date or time selection,
• failure to read the information correctly,
• misinterpretation of service descriptions or policies.

The Client expressly waives any claim, complaint, or legal action based on their own booking error or misunderstanding of the information provided.

Rescheduling

5.0 Tardiness and Grace Period

The Client has a maximum grace period of 10 minutes from the scheduled start time of the session. After this time, the situation may be treated as a no-show, and the corresponding policies will apply, including loss of the session and no refund, except as specifically allowed in Clause 5.3.

5.1 Rescheduling with Advance Notice

If the Client requests to reschedule with sufficient notice (for example 10 days in advance, depending on the package), ALE SU ART may, at its sole discretion and subject to availability, apply the retainer to a new date.

5.2 Weather and Force Majeure

In cases of extreme weather or force majeure (natural disasters, serious illness, pandemics, governmental restrictions, etc.), sessions may be rescheduled without additional penalties, subject to availability.

5.3 Rescheduling After No-Show

If the Client fails to attend their original appointment (no-show) and ALE SU ART, at its discretion, allows rescheduling:

• The Client may reschedule once only, within a maximum validity of one (1) year from the original session date.
• Rescheduling cannot take place during high season or on blocked dates in our official calendar, including October 27 – November 2 of any year.
• If prices have increased by the new date, the Client must pay the current rate in effect at the time of rescheduling.

Materials, Copyright and Delivery

6.0 Protection of the Concept and Experience

The Client acknowledges that the “Día de Muertos Experience” concept, including artistic direction, makeup design, wardrobe selection, storytelling, photographic style, visual aesthetics and operational structure, is a proprietary creative concept of ALE SU ART.

It is strictly prohibited to replicate, imitate, reproduce, or mount similar services or experiences for commercial purposes based on this concept, without express written authorization.

6.1 Delivery of Materials

• Photographs are delivered in high-resolution .JPG format via an online gallery. RAW files are never delivered.
• Video materials are delivered in .MP4 format, in 4K (when applicable), in horizontal or vertical aspect ratio according to the contracted service. RAW video files are never delivered.

6.2 Delivery Times

• Regular season: delivery within 3 to 5 days after the session.
• High season: delivery within 7 to 10 days, depending on workload.

The Client understands and accepts that these delivery times are estimates and do not constitute a breach of contract if slightly adjusted due to operational reasons.

Limit of Liability

7.1 Inability to Perform the Session

In the unlikely event that ALE SU ART or its representatives are unable to perform the session due to serious illness, injury, or an extreme emergency, every effort will be made to reschedule the experience to a mutually convenient date. If rescheduling is impossible, ALE SU ART’s liability will be strictly limited to a refund of the amount paid for the package, with no further liability for damages or losses.

7.2 Technical Failures and SD Card Damage

The Client acknowledges that, despite professional handling and backup procedures, technical failures may occur, including:

• damage or corruption of SD cards,
• system or hardware failures,
• data loss due to humidity, extreme conditions, or unforeseen events.

If, due to such technical failures beyond our reasonable control, photographic or video material is partially or totally lost, ALE SU ART’s maximum liability will be limited to:

• rescheduling the session at no additional cost, or
• a refund of the amount paid for the affected service.

ALE SU ART will not be liable for indirect, emotional, commercial, or consequential damages arising from such loss of material.

7.3 External Conditions and Risks

ALE SU ART is not responsible for:

• access restrictions at locations,
• weather conditions or natural events,
• third-party actions, crowds, or public disturbances,
• traffic, noise, or other public space conditions.

Natural Conditions and Location Risks

The Client agrees to follow all safety instructions given by ALE SU ART and its team. Sessions may occur in public streets, outdoor spaces, beaches, cenotes, or other environments that involve inherent risks.

ALE SU ART is not responsible for accidents, injuries, loss of personal belongings, or damages arising from conditions beyond its control, as long as there is no proven gross negligence.

Archiving and Data Retention

Final images and videos are kept on ALE SU ART systems for up to six (6) months from the delivery date. After that, materials may be permanently deleted, except for those used in promotional or portfolio contexts.

ALE SU ART is not responsible for the unavailability of files after this period. The Client is responsible for downloading and backing up their materials.

Physical Responsibility and Client Conduct

10.0 Client Conduct

The Client agrees to behave respectfully towards ALE SU ART’s team and any third parties present at locations. ALE SU ART may refuse, suspend, or cancel services without refund if the Client:

• is under the influence of alcohol or drugs,
• exhibits aggressive, threatening, or abusive behavior,
• puts the team, other people, or themselves at risk,
• refuses to follow safety instructions.

10.1 Physical Responsibility

The Client is fully responsible for their own physical safety and that of any accompanying persons (including children, guests, or pets) at all times during the session.

Non-Solicitation and Confidentiality

To protect the professional relationship between ALE SU ART and its team, the Client agrees not to directly solicit, contact, or hire any makeup artist, photographer, assistant, videographer, or collaborator from ALE SU ART or Día de Muertos Experience, during or after the provision of the service.

All team members operate under contracts and confidentiality agreements. Any attempt to obtain personal contact details, private phone numbers, or professional social media accounts will be considered a violation of this clause.

In case of breach, the Client agrees and authorizes a penalty fee of USD 400, intended to compensate for damages caused by such action, without prejudice to any additional legal remedies.

Editing Process and Limitations

The standard editing process includes color correction, contrast and exposure adjustments, and general tonal enhancement. It does not include major body modifications, background alteration, or complex retouching.

Any additional retouching or substantial editing requests will require a separate agreement and may incur additional fees.

Model Release and Image Rights

By participating in the session, the Client (as model) grants ALE SU ART an irrevocable, worldwide, royalty-free right to use, reproduce, adapt, modify, publish, and display the images and videos created during the session, in any media, for promotional, advertising, portfolio, and related commercial purposes.

If the Client wishes to limit the promotional use of their images, they must submit a written request. ALE SU ART may, at its discretion, accept or deny such request.

Data Protection and Privacy

Personal data provided by the Client will be processed in accordance with applicable data protection laws and our Privacy Notice. Data is collected solely for the purpose of providing and managing the booked services.

The Client may exercise rights of access, rectification, cancellation or objection (where applicable) by contacting: catrinas@alesuart.com.

Indemnification

The Client agrees to indemnify, defend, and hold harmless ALE SU ART, its affiliates, employees, and contractors from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

• misuse of the delivered images or videos,
• violation of these Terms,
• any negligent, reckless, or unlawful act by the Client or their guests during the session.

Dispute Resolution and Chargebacks

16.1 Amicable Resolution and Mediation

In case of any dispute, the parties agree to first attempt to resolve the matter amicably through good-faith negotiations. If no agreement is reached, the parties may submit the dispute to mediation.

16.2 Binding Arbitration

If mediation fails, the parties agree to submit the dispute to binding arbitration in Mexico City, in accordance with applicable rules of a recognized arbitration institution. The arbitrator’s decision will be final and enforceable in any competent jurisdiction.

16.3 Waiver of Court Proceedings and Chargebacks

The Client expressly waives the right to bring disputes to ordinary courts (except to enforce an arbitration award) and agrees not to initiate chargebacks or payment disputes through banks or payment platforms for matters governed by these Terms.

If, despite this waiver, the Client initiates a dispute or chargeback and the outcome is favorable to ALE SU ART (i.e. the charge is confirmed as valid and upheld), the Client will permanently lose:

• the right to reschedule the session associated with that payment, and
• any possibility of applying the amount paid to future dates or services.

Prohibition of Promotional Use by the Client

The delivered photographs and videos are for personal use only. The Client may not:

• use the materials for advertising or commercial promotion,
• sell, license, or sublicense the content,
• upload the content to stock or licensing platforms,
• create NFTs or similar digital assets from the content,
• remove watermarks, logos, or credits without permission.

If the Client shares images or videos on social media or personal websites, they must properly credit ALE SU ART and, whenever possible, include a link to the official website or social media profiles.

Acceptance of Terms

By making a reservation, paying any amount, or using the Platform, the Client confirms that they have read, understood, and accepted these Terms and Conditions in full. Such actions have the same legal effect as a handwritten signature.

Modifications to These Terms

ALE SU ART reserves the right to modify or update these Terms and Conditions at any time. Any changes will be published on the official website and/or booking platform. Continued use of the services after the effective date of the updated Terms shall constitute acceptance of such changes.

For questions regarding these Terms and Conditions or the proper use of images and services, please contact us at catrinas@alesuart.com.