These Terms and Conditions govern the use of the ALE SU ART website, booking system, Día de Muertos Experience, private transportation services, 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 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, unless a different payment condition applies to a specific service.
• 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, including times, locations, or 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, including 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, including natural disasters, serious illness, pandemics, governmental restrictions, or other events outside reasonable control, 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.

6.3 Ownership of Materials

All materials produced, including but not limited to photographs, videos, previews, proofs, creative direction, visual concepts, makeup designs, wardrobe styling, accessories, headpieces, textile elements, and any derivative material, remain the exclusive intellectual property of ALE SU ART.

The Client receives only a limited personal-use license to view, download, and share the final delivered materials according to these Terms.

6.4 Protection of Textile Designs, Headpieces and Accessories

Dresses, headpieces, accessories, styling elements, and textile designs used during sessions are protected by copyright and related intellectual property protections. Reproduction, copying, printing, modification, resale, imitation, distribution, or commercial use without written authorization is strictly prohibited.

6.5 Makeup and Artistic Techniques

Professional makeup products, artistic techniques, visual designs, color compositions, application methods, and creative direction used during the service are part of ALE SU ART’s artistic identity and may not be copied, commercially reproduced, or used to create derivative services without written authorization.

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 affected package or service, with no further liability for damages or losses.

7.2 Technical Failures and SD Card Damage

The Client acknowledges that, despite professional handling and preventive measures, technical failures may occur, including:

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

If, due to 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 one of the following options, at ALE SU ART’s discretion:

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

ALE SU ART will not be liable for indirect, emotional, commercial, reputational, consequential, or incidental 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,
• changes imposed by authorities, venues, cemeteries, hotels, airports, or private properties.

7.4 Health, Skin Reactions and Personal Integrity

By booking makeup, photography, video, transportation, tour, or experience services, the Client accepts participation under their own responsibility. ALE SU ART is not responsible for pre-existing conditions, skin sensitivity, allergic reactions, heat sensitivity, fatigue, anxiety, injuries, illness, accidents, or any personal health situation occurring before, during, or after the service.

The Client is responsible for informing ALE SU ART in advance of any allergies, medical conditions, mobility limitations, skin conditions, or health-related concerns that may affect participation.

7.5 Maximum Liability

To the fullest extent permitted by law, ALE SU ART’s total liability for any claim related to a service shall not exceed the amount actually paid by the Client for the specific affected service. ALE SU ART shall not be liable for indirect, special, incidental, emotional, reputational, commercial, or consequential damages.

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, cemeteries, historic areas, hotels, roads, vehicles, or other environments that involve inherent risks.

ALE SU ART is not responsible for accidents, injuries, loss of personal belongings, delays, physical discomfort, 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, advertising, portfolio, website, editorial, or archival 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 delivered materials.

Physical Responsibility and Client Conduct

10.0 Client Conduct

The Client agrees to behave respectfully towards ALE SU ART’s team, transportation partners, collaborators, assistants, drivers, local hosts, 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, discriminatory, or abusive behavior,
• puts the team, other people, property, vehicles, or themselves at risk,
• refuses to follow safety instructions,
• interferes with the operation, timing, logistics, or creative direction of the service.

10.1 Physical Responsibility

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

10.2 Personal Belongings During Experiences

The Client is solely responsible for personal belongings, luggage, valuables, documents, electronic devices, wardrobe, jewelry, and any items brought to the session or experience. ALE SU ART is not liable for loss, theft, damage, or forgotten belongings.

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, driver, transportation provider, producer, creative collaborator, or team member from ALE SU ART or Día de Muertos Experience, during or after the provision of the service.

All team members and collaborators operate under contracts and confidentiality agreements. Any attempt to obtain personal contact details, private phone numbers, direct business information, or professional social media accounts for the purpose of bypassing ALE SU ART 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, exposure adjustments, tonal enhancement, and general aesthetic refinement. It does not include major body modifications, face transformation, background replacement, object removal, complex retouching, or changes that alter the original creative direction of the session.

Any additional retouching or substantial editing requests require a separate agreement and may incur additional fees. ALE SU ART reserves the right to reject editing requests that conflict with its artistic style, ethics, or creative standards.

Model Release and Image Rights

By participating in the session, the Client, as model and/or participant, 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, editorial, educational, and related commercial purposes.

If the Client wishes to limit the promotional use of their images, they must submit a written request before the service takes place. ALE SU ART may, at its discretion, accept or deny such request depending on the nature of the service, campaign, collaboration, or booking.

Privacy and Data Protection

Personal information collected through bookings, forms, payments, newsletters, WhatsApp, email communications, or website interactions is used exclusively for operational, legal, communication, and service purposes related to ALE SU ART.

We do not sell personal data to third parties. Information may only be shared when strictly necessary with payment processors, logistics providers, transportation partners, hotels, collaborators, or legal authorities when required by law.

By using our services, the Client accepts our privacy handling under applicable Mexican regulations and international digital commerce standards when applicable.

Indemnification

The Client agrees to indemnify, defend, and hold harmless ALE SU ART, Día de Muertos Experience, its owner, collaborators, assistants, photographers, makeup artists, transportation partners, external suppliers, and affiliated parties from any claim, demand, dispute, liability, loss, damage, expense, or legal cost arising from:

• misuse of delivered content,
• breach of these Terms,
• unsafe conduct by the Client,
• false declarations,
• unauthorized commercial use of our materials,
• damage caused to locations, vehicles, wardrobe, props, or third parties.

Chargebacks, Disputes and Payment Claims

16.1 Chargeback Prohibition

By making any payment, the Client expressly agrees not to initiate unjustified chargebacks, payment disputes, reversals, or banking claims after services have been reserved, partially prepared, or rendered.

16.2 Loss of Rescheduling Rights

If the Client initiates a dispute, claim, or chargeback and the outcome is resolved in favor of ALE SU ART, the Client automatically loses any right to:

• reschedule the service,
• retain credits,
• request future booking priority,
• use previously granted booking flexibility.

16.3 Full Recovery of Costs

If a payment dispute generates banking fees, legal costs, administrative charges, or losses, the Client agrees to reimburse ALE SU ART for all associated expenses.

Restrictions on Commercial or Promotional Use

Delivered photographs, videos, and creative materials are licensed only for personal use unless otherwise agreed in writing.

The Client may not use delivered content for:

• advertising campaigns,
• brand launches,
• paid promotions,
• commercial partnerships,
• resale, licensing, NFT creation, or monetized digital products

without prior written authorization from ALE SU ART.

Acceptance of Terms

By booking, paying, attending, participating in, or using any service provided by ALE SU ART or Día de Muertos Experience, the Client confirms that they have read, understood, and fully accepted these Terms and Conditions in their entirety.

Updates and Modifications

ALE SU ART reserves the right to update, modify, expand, replace, or improve these Terms and Conditions at any time without prior notice.

The most recent published version available on our official website will always govern future bookings and services.

Private Transportation Services

20.1 Reservation and Payment Conditions

• Simple transportation services: 50% deposit required.
• Premium routes, long-distance services, group transport, high-demand dates and strong season: full payment required.
• During strong dates, high season, Día de Muertos, special events or limited-availability dates, full payment must be completed at booking confirmation.
• The remaining balance must be fully paid before the service begins. No transportation service starts without full payment completed.
• The Client expressly authorizes automatic charge to their payment method 20 days before the reservation date.

20.2 Cancellation and No Refund Policy

Cancellations made with less than 10 days before the scheduled transportation date may be charged in full, due to operational logistics, blocked vehicle allocation, external provider commitments, route assignment, and limited availability.

All deposits are strictly non-refundable.

No refunds apply under any circumstance once transportation has been confirmed.

20.3 Rescheduling Transportation

• Rescheduling may be granted only if availability exists.
• Any approved credit remains valid for up to one (1) year.
• If prices increase during that year, the Client must pay the current difference.
• Rescheduling cannot be automatically applied during blocked dates, strong season, or high-demand calendar periods.

20.4 Waiting Time and Delays

A courtesy waiting period of 15 minutes is included. After this period, additional waiting charges may apply depending on vehicle type, route, or driver conditions.

20.5 Route Changes and Extra Stops

Additional stops, route deviations, waiting periods, destination changes, or itinerary modifications requested after booking confirmation may generate additional charges.

20.6 Vehicle Assignment

Vehicles displayed on our website are illustrative references. Depending on logistics, availability, luggage volume, number of passengers, route, or external provider assignment, an equivalent or superior category may be used.

20.7 External Transportation Partners

Transportation services may be operated by trusted external partners, operators, or associated providers. ALE SU ART acts as booking coordinator, route organizer, and service integrator.

20.8 Force Majeure and External Delays

ALE SU ART is not responsible for delays or route alterations caused by:

• traffic,
• road closures,
• blockades,
• weather conditions,
• airport delays,
• government restrictions,
• public events or circumstances beyond reasonable control.

20.9 Passenger Conduct

Smoking, aggressive conduct, intoxication, unsafe behavior, or damage to the vehicle are strictly prohibited. Drivers and providers may suspend service without refund if passenger conduct creates risk.

20.10 Personal Belongings During Transportation

ALE SU ART and transportation partners are not responsible for forgotten, lost, damaged, or stolen personal belongings left inside vehicles.

20.11 Price Adjustments

Fuel increases, toll changes, extraordinary route conditions, special access requirements, or external logistics may require price adjustments before service execution.

For legal questions or assistance contact: catrinas@alesuart.com