Terms and Conditions of Use of Aqua Catrina
Welcome to Aqua Catrina! By accessing or using our website, products and services (hereinafter, the “Platform”), you agree to comply with the following terms and conditions. Please read these terms carefully; if you do not agree, do not use this Platform. This content is registered in Mexico and the United States, and its legal protection extends to both territories.
1. General Use of the Site
• Eligibility:
By using the Aqua Catrina website, you confirm that you are at least 18 years old. If you are a minor, you must have the express consent of a legal guardian, who will assume full responsibility for your use of the site and any transaction or agreement made through it.
• Authorized Use:
You agree to use the site exclusively for legal purposes and in accordance with Mexican law and applicable United States legislation. The following is strictly prohibited:
1. Attempting to access any part of the Platform, systems, or databases of Aqua Catrina without authorization.
2. Using the site’s content for fraudulent, illegal activities, or activities that could damage Aqua Catrina’s reputation.
3. Copying, reproducing, distributing, modifying, or transmitting any content without prior written authorization from Aqua Catrina.
• Personal Purpose:
The services and content offered on the website are intended solely for the Client’s personal use. Commercial use is prohibited without a specific contractual agreement with Aqua Catrina.
• Accuracy of Information:
You guarantee that all information provided when registering or making transactions on the site is accurate, current, and complete. Aqua Catrina reserves the right to cancel any order or restrict site access if false, inaccurate, or incomplete information is detected.
• Usage Limitation:
Aqua Catrina reserves the right to restrict, suspend, or terminate access to the site, in whole or in part, without prior notice if it considers the site has been misused or these terms have been violated.
• Disclaimer for External Content:
Aqua Catrina’s website may contain links to third-party sites for the Client’s convenience. However, Aqua Catrina assumes no responsibility for the content, accuracy, or security of such external sites.
• International Compliance:
You are responsible for complying with all applicable local laws in your country of residence when using Aqua Catrina’s website.
2. Intellectual Property
• Copyright:
All content on this Platform, including images, photographs, logos, designs, texts, and other materials (hereinafter referred to as the “Content”), is the exclusive property of Aqua Catrina or its licensors and is protected under the Federal Copyright Law in Mexico and the laws of the United States.
• Limited License:
By purchasing products or services, you receive a personal, non-exclusive, non-transferable license for personal use of the Content. You do not acquire any license or ownership rights over trademarks, trade names, or content by simply using this Platform.
• Usage Prohibitions:
You agree not to use, copy, edit, translate, distribute, download, transmit, sell, create derivative works, or exploit the Content in any way without prior written consent from Aqua Catrina.
• Restriction on Commercial Use:
The commercial use of any acquired content is strictly prohibited without prior written authorization, including reproduction on digital or printed platforms.
3. Retainer and Payments
• Initial Payment (Retainer):
To confirm the reservation of Aqua Catrina’s services, the Client must make a non-refundable payment equivalent to 50% of the total contract amount. This retainer guarantees the date and time selected by the Client and serves as compensation for resource allocation and the exclusivity of the reserved date. By making the retainer payment, the Client fully accepts the terms and conditions set forth in this contract.
• Non-Refundability of the Retainer:
The Client acknowledges and accepts that the retainer is strictly non-refundable under any circumstances, except in cases of cancellation by Aqua Catrina (see Liability Limitation clause). This policy reflects the initial costs incurred by Aqua Catrina to prepare and reserve the requested services.
• Payment Methods:
The retainer payment can be made via bank transfer or through the Stripe payment gateway. The Client is responsible for any additional charges applied by the financial institution or payment platform.
• Remaining Balance:
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 by the Client, and the terms outlined in the cancellation clause will apply.
• Payment Confirmation:
Upon receipt of payment, Aqua Catrina will send a written confirmation via email. This confirmation will serve as proof of the reservation and acceptance of the contract by the Client.
• Payment Default:
If the Client fails to pay the remaining balance within the specified timeframe, Aqua Catrina reserves the right to cancel the session and retain the retainer amount as compensation for the reserved date and associated costs.
• Waiver of Disputes:
Byproceeding with the retainer payment and any additional amounts, the Client expressly waives any right to initiate chargebacks, claims, or disputes related to the payments made, whether with Aqua Catrina or third parties, including banking institutions or payment platforms.
• Refund Policy:
Except as stipulated in cases of force majeure or cancellations by Aqua Catrina, amounts paid by the Client, whether as a retainer or remaining balance, are non-refundable under any circumstances.
4. Cancellation
• Cancellation by the Client:
If the Client cancels before or on the day of the session, Aqua Catrina will retain the retainer amount and any payments made up to that date, in accordance with the non-refundable nature of the retainer and the agreed terms.
For cancellations made within 20 days prior to the session or thereafter, the Client will be legally obligated to cover the full contract amount, recognizing that Aqua Catrina has reserved the date and cannot reallocate resources to other projects.
No refunds will be issued under any circumstances for cancellations made during this period or after the session date.
• Client Acceptance:
The Client acknowledges and agrees that the cancellation policy was clearly explained and understood at the time of signing the contract. Furthermore, the Client confirms that by proceeding with the retainer payment and/or any additional amounts, they have fully accepted these terms.
• Force Majeure:
In exceptional cases of force majeure, such as natural disasters, medical emergencies, pandemics, or government restrictions that make it impossible to hold the session on the scheduled date, Aqua Catrina will work with the Client to reschedule the session without additional penalties. However, if the Client opts to cancel instead of rescheduling, the same non-refundable conditions stipulated in this clause will apply.
• Waiver of Disputes:
By accepting these terms, the Client expressly waives any right to initiate payment disputes, chargebacks, or claims related to this cancellation policy through any means, including banking institutions, payment gateways, or legal proceedings.
• Legal Documentation:
Any cancellation request must be made in writing via email to contact@aquacatrina.com at least 20 days before the session date. Aqua Catrina will confirm receipt of the cancellation by the same means. The Client’s failure to acknowledge this confirmation does not exempt the validity of the terms in this clause.
5. Reprogramming
•Reprogramming Request: If the Customer requests to reschedule the session at least 10 days before the original date and said request is confirmed in writing, the retainer may apply to the new date, at the sole discretion of Aqua Catrina.
• Weather Conditions and Force Majeure: In case of extreme weather conditions or force majeure events, the rescheduling will be coordinated by the Aqua Catrina team.
6. Materials and Copyright
•Make-up and makeup removal procedure:
• Makeup and Makeup Removal Assistance
• Professional Makeup Application and Removal:
During the experience, the makeup artist and/or their assistants will professionally apply the makeup and assist the Client with its careful and safe removal after the session. The Client is strictly prohibited from leaving the experience without the makeup artist performing the required makeup removal process.
• Certified Products:
For the makeup removal process, only certified products from the brand Narrative Cosmetics will be used, specifically designed for alcohol-based makeup. These products include:
1. Narrative Cosmetics Alcohol-Free Makeup Remover For Alcohol Activated Makeup
2. Narrative Cosmetics Alcohol Palette Activator
3. Dry cotton towels
Makeup and Makeup Removal Assistance (Continued)
• Product Usage Restrictions:
The use of products not specified in this contract for makeup removal is strictly prohibited, as it could cause skin damage or difficulty in removing the product.
• Specifications for Alcohol-Based Makeup:
1. Due to the alcohol-based nature of the makeup, the Client may experience temporary discomfort on the lips, such as mild tingling or a slight burning sensation as the product dries. This is completely normal and does not harm the skin.
2. For areas near the eyes, the makeup will always be applied using an airbrush, ensuring no direct contact with the eyes to guarantee the Client’s safety.
• Customer Commitment:
The Client agrees to follow the instructions of the makeup artist and to collaborate during the make-up removal process. Any attempt to remove makeup on your own or with unauthorized products exempts Aqua Catrina from any liability for any damage or inconvenience that may arise.
•Exclusive Property:
All materials produced, including negatives, transparencies, tests and previews, are the exclusive property of Aqua Catrina.
• Delivery of Images and Videos:
• Images: The images will be delivered within 3 weeks after the session in high-resolution .jpg format through an online gallery. RAW images will not be delivered under any circumstances.
• Videos: The videos will be delivered in .mp4 format in 1080 resolution, in horizontal or vertical orientation, as selected by the Client. Videos in raw format will not be delivered under any circumstances.
• Makeup Used: The makeup used is for professional use based on alcohol from the Narrative Cosmetics brand, guaranteeing their quality and durability in extreme conditions.
•Protection of Textile Designs: The dresses and textiles used in the sessions are protected by copyright. Its reproduction, printing, copying, modification, distribution or any other use without written authorization is strictly prohibited.
• Protection of Accessories and Headpieces:The headdresses and accessories used are protected by copyright. Its reproduction, copying, derivative design, distribution or any use without written authorization is prohibited.
7. Limit of Liability.
In the unlikely event that Aqua Catrina or any of its representatives face an injury, serious illness or an extreme emergency that prevents the session from being carried out, everything possible will be done to reschedule the experience. If this is not possible, the responsibility of Aqua Catrina will be limited exclusively to the return of the payments received for the purchased package.
Aqua Catrina takes the utmost care in the handling of photographs and videos. However, we assume no responsibility in cases of loss, theft or damage to materials due to technical failures, location restrictions, acts of God or situations beyond our control.
8. Physical Responsibility
• Responsibility of the Customer and Companions:
The Client is fully responsible for his personal safety, as well as that of any companion, including children, pets or guests, throughout the photo or video session made in cenotes, sea or any other natural location. Aqua Catrina and its representatives will not assume any responsibility for injuries, accidents, illnesses, damage or losses that may occur before, during or after the session.
• Natural Conditions and Risks:
The Client acknowledges and accepts that the sessions carried out in cenotes and maritime environments may involve inherent risks, such as:
1. Slippery surfaces, irregular or submerged rocks, and difficult terrain.
2. Presence of marine or terrestrial fauna.
3. Prolonged exposure to water, adverse weather conditions or underwater currents.
4. Variable water depth and areas with limited visibility.
By agreeing to participate in the session, the Customer voluntarily assumes all these risks.
• Safety Requirements:
1. The Customer must follow all the instructions and security measures provided by Aqua Catrina and its representatives during the session.
2. It is the Client’s responsibility to inform in advance about any medical condition, disability or physical limitation that may represent a risk during the activity.
3. The use of safety equipment, such as life jackets or water shoes, will be mandatory when indicated by the Aqua Catrina team.
• Exclusion of Liability:
Aqua Catrina and its representatives are not responsible for:
1. Accidents or injuries caused by the Customer’s breach of security measures.
2. Damage or loss of personal items, such as clothing, accessories, electronic devices or other items, during the session.
3. Unforeseen external conditions, such as sudden changes in the weather, strength of currents, or acts of nature.
• Authorization for Access to Locations:
The Client is responsible for obtaining the necessary permits to access cenotes, beaches or private areas where the session is carried out. Aqua Catrina will not be responsible for access restrictions or additional costs associated with entering these locations.
• Waiver of Claims:
By accepting this contract, the Client expressly waives any claim or legal action against Aqua Catrina and its representatives related to accidents, injuries or damages that may occur during sessions in cenotes, sea or similar environments.
9. File
• After 6 months from the delivery date, images and videos will be removed from Aqua Catrina systems, except those used for promotional purposes.
10. Editing Process and Limitations.
• Edition: Includes color adjustments, contrast and tonal correction. No significant modifications to the body or background will be made.
- Creative Choice: Aqua Catrina reserves the right to select the final images delivered to the Customer.
11. Model Authorization
• Assignment of Rights:
The Customer grants Aqua Catrina the irrevocable, exclusive and unlimited right to create, copy, use, reuse, modify, publish, republish, distribute, license, assign and market the photographs and videos produced during the session. This right includes, but is not limited to:
1. Use in promotional, advertising or educational materials.
2. Publication on websites, social networks and advertising campaigns.
3. Use in exhibitions, printed catalogs, brochures or any other digital or physical medium.
• Scope of Use:
This use can be made with the name of the Customer, a fictitious name or no name at all, as determined by Aqua Catrina. The authorization includes the editing, combination or integration of the images and videos with other graphic or audiovisual elements, respecting the essence of the material produced.
• Waiver of Claims:
The Customer understands and agrees that he will not receive additional compensation for the use of the images and videos beyond the services agreed in the contract. Likewise, it waives any claim related to the editing, authorized use or publication of such material.
• Temporal and Geographical Scope:
The assignment of rights is not limited by time, geographical location or format. Aqua Catrina may use the images and videos anywhere in the world and in any present or future medium.
• Permission for Additional Persons:
The Client guarantees that he has obtained the explicit consent of any additional person that appears in the photographs or videos, exempting Aqua Catrina from any liability arising from the lack of authorization of third parties.
• Customer Image Protection:
Aqua Catrina undertakes not to use the images and videos in contexts that may damage the reputation or dignity of the Client.
• Withdrawal of Authorization in Exceptional Cases:
If the Customer wishes to withdraw this authorization, he must submit a formal request in writing to contact@aquacatrina.com. The withdrawal will be subject to Aqua Catrina’s evaluation and may involve administrative and legal costs.
12. Data Protection
• Personal data will be processed in accordance with the Federal Law on the Protection of Personal Data in the Possession of Individuals in Mexico and the applicable laws in the United States.
13. Compensation
• Obligation of Compensation:
The Customer agrees to indemnify, defend and hold harmless Aqua Catrina, its affiliates, employees, representatives and contractors (hereinafter, the “Indemnified Parties”) against any claim, demand, loss, damage, liability, cost or expense, including reasonable legal fees, arising out of or related to:
1. The misuse by the Customer of the services, images, videos or any content provided by Aqua Catrina.
2. The violation of the terms established in this contract.
3. The unauthorized publication, distribution or use of images, videos or any other copyrighted material.
4. Any negligent, reckless or illegal act committed by the Client or his companions during the session.
• Extension of Responsibility:
The Customer’s indemnification obligation extends to all Indemnified Parties and covers any claim filed by third parties due to:
1. The unauthorized commercial use of the images or videos.
2. The lack of authorization for the use of the images of additional people that appear in the delivered material.
3. The unauthorized distribution of images or videos that infringe the rights of third parties.
• Waiver of Claims against Aqua Catrina:
The Customer expressly waives any right to claim damages or initiate legal proceedings against Aqua Catrina related to the appropriate use of images, videos or content provided under this contract. This waiver includes, among others, the promotional use authorized by Aqua Catrina in accordance with the clauses of the contract.
• Recognition of Intellectual Property:
The Client acknowledges that all intellectual property rights over the images and videos created by Aqua Catrina belong exclusively to Aqua Catrina, and that any improper use will be considered a violation of these rights, being subject to legal action.
• Defense Costs:
In the event that Aqua Catrina is required to participate in legal proceedings as a result of the actions or omissions of the Client, the latter will be responsible for covering all defense costs, including reasonable legal fees, administrative costs and any additional expenses incurred.
14. Dispute Resolution
• Friendly Resolution Agreement:
In the event of any dispute, controversy or claim arising from this contract, the parties agree to try to resolve it amicably through direct and good faith negotiations within a period of no more than 15 working days from the notification of the dispute.
• Mandatory Mediation:
If the parties fail to reach an agreement within the established period, they agree to submit the dispute to a mediation process before a certified neutral mediator. The costs of the mediation process will be shared equally between the parties.
• Binding Arbitration:
In the event that mediation does not resolve the conflict, the parties agree to submit the dispute to a binding arbitration in accordance with the rules of the Mexican Arbitration Center (CAM) or another mutually agreed arbitration institution.
1. The arbitration will be carried out by a single arbitrator appointed in accordance with the rules of the selected institution.
2. The arbitration will be held in Spanish, in Mexico City, unless both parties agree on another language or location.
3. The arbitrator’s decision will be final, binding and enforceable in any competent jurisdiction.
• Waiver of Judicial Proceedings:
The Client and Aqua Catrina expressly waive their right to bring any controversy before judicial courts, except to execute the arbitral award or in the event that one of the parties does not comply with the provisions of this contract.
- Non-Spension of Obligations:
During the resolution of any dispute, the parties agree to continue fulfilling the obligations arising from the contract, except those directly related to the dispute.
• Deadline to Claim:
Any claim arising from this contract must be submitted within a maximum period of 1 month from the date of the event that gave rise to the dispute. Claims submitted after this period will be considered invalid.
• Exclusion of Chargebacks:
The Customer expressly waives the right to file chargebacks or payment disputes through banking institutions or payment platforms related to any dispute that must be resolved under this clause.
15. Prohibition of Promotional Use by the Customer
• Download and Commercial Use Restriction:
The Customer acknowledges and accepts that the photographs and videos provided by Aqua Catrina are exclusively for personal and non-commercial use. It is strictly forbidden:
1. Download, copy, reproduce or redistribute the images or videos for promotional, advertising, commercial or lucrative purposes without prior written authorization from Aqua Catrina.
2. Publish the images or videos in any digital or physical medium, including social networks, websites, printed publications or third-party platforms, to promote services, products or businesses of their own or others.
• Prohibition of Redistribution and Modification:
The Customer may not:
1. Sublicense, sell or use the images and videos as a basis for the creation of derivative works that promote commercial services or products.
2. Alter, modify or edit the images and videos, including the removal of watermarks, logos or any other identification element of Aqua Catrina, without express authorization.
• Exclusion of Use in Digital Platforms:
The use of photographs and videos on sales platforms, image licenses, creation of NFTs (Non-Fungible Tokens) or any activity that involves the direct or indirect marketing of the content is strictly prohibited.
• Requirements for Sharing on Social Networks:
If the Customer decides to share the images or videos on social networks or personal websites, they must:
1. Include a direct link to the website or official social networks of Aqua Catrina.
2. Give due credit to Aqua Catrina as the creator of the content.
• Penalties for Non-Compliance:
Any breach of this clause will be considered a serious violation of Aqua Catrina’s copyright and will result in:
1. The immediate revocation of the Client’s rights of use over the images and videos.
2. The imposition of legal and economic sanctions as established in the legislation applicable in Mexico and the United States.
• Notification of Unauthorized Use:
If Aqua Catrina detects the unauthorized use of the images or videos, it will notify the Customer in writing. The Customer will have a maximum period of 5 business days to delete the content and provide evidence of compliance. Failure to comply with this deadline will result in legal action.
17. Acceptance of Terms and Conditions
• Implicit Acceptance by Reservation:
By making a reservation through the Aqua Catrina platform, the Customer declares that he has read, understood and fully accepted the terms and conditions described in this contract. The action of booking and making any payment on the platform constitutes a binding agreement between the Customer and Aqua Catrina.
• Reading Confirmation:
The Customer accepts that it is his responsibility to carefully read the terms and conditions before making a reservation. Failure to read or understand these terms does not exempt the Customer from the obligations and responsibilities arising from this contract.
• Waiver of Claims for Ignorance:
By accepting these terms at the time of booking, the Customer expressly waives any claim based on ignorance of the clauses or policies established in this contract.
Confirmation Method:
The Customer acknowledges and accepts that, by making any payment on the Aqua Catrina platform, he implicitly confirms his consent and agreement with the terms and conditions established in this contract. This act will have the same legal validity as a handwritten signature, establishing a binding agreement between the Client and Aqua Catrina.
• Proof of Acceptance:
Aqua Catrina reserves the right to keep an electronic record of the Customer’s acceptance of the terms as evidence in the event of any future dispute or claim.
At Aqua Catrina, we work hard to create images and videos that reflect your essence while maintaining our artistic vision and creativity. We ask that, if you decide to share any of the images or videos produced by us, include a link to our website, Facebook or Instagram, and give us due credit. We hope that you value and respect not only the effort and dedication we put into each session, but also the time, money, equipment, accessories and professional training that we have invested to offer you an exceptional result.
Please do not misuse our images or appropriate them without authorization.
If you have any questions related to copyright or the proper use of the images, do not hesitate to contact us to avoid any misunderstanding or inconvenience.
Thank you for trusting Aqua Catrina and for respecting our work!
These terms and conditions were last updated on December 11, 2024.