This website is made available by Flashy Photo Studio (“we” or “our” or “us” or “photographer”). Your access to and use of this website, the photography studio (“the Studio”), and/or purchase of any product(s) and/or service(s) is conditional upon your acceptance of and compliance with the following Terms of Services (“Agreement”) in addition to our Privacy Policy.

Purchases

Purchases made on this website will be processed by a third-party payment processor. The third-party payment processor will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by the third-party payment processor.

Waiver of Liability
You agree to use the Studio at your own risk. You agree that the Studio will not be held liable for any damages, injuries, or loss to you, your guests, or your possessions while on or around the Studio whether direct, indirect, incidental, or consequential.

Flashy Photo Studio is not responsible for any items left in the Studio after your appointment ends.

Use of the Studio

When you are at the Studio you agree to the following:

• You acknowledge that you are solely responsible for the conduct of all persons accompanying you while on-site (“your guests”) at the Studio.

  • You and your guests will use the studio and its facilities in a safe and responsible manner.

  • You and your guests shall not act in any manner that is illegal or dangerous or violates any applicable federal, state or local laws, ordinances, rules or regulations.

• You and your guests will abide by the rules and instructions of the Studio and employees of the Studio.

  • You and your guests will comply with any request to reduce the noise levels in the Studio, on the sidewalk surrounding the Studio, and in the parking lot.

  • Failure or refusal to abide by the rules and instructions can lead to immediate revocation of my right to use the Studio without any right to a refund of any payments made.

• You authorize Flashy Photo Studio to capture your image in photographs and videos (“images”). You acknowledge that the studio will own such images and you grant permission, without compensation, to display, publish, distribute, print such images.

• You agree to maintain adult supervision of minors and to keep minors away from the equipment.

• No smoking is allowed in the building.

• No outside alcohol is allowed in the building.

Permitted Uses of Product(s)/Service(s) 

The photographer grants you a non-exclusive license of product(s) produced with and for you for personal use only so long as you provide the photographer with attribution each time you use the photographer's property (specifically paid images or video only). Personal use includes, but is not limited to, use within the following contexts:

1.     In photos on your personal social media pages or profiles; or

2.     In personal creations, such as a scrapbook or personal gift; or

3.     In personal communications, such as a family newsletter, email, or holiday card.

Display

You agree to allow the photographer to display any photograph covered by this Agreement and to generally promote the business in advertising, brochures, magazine articles, websites, social media, sample albums, etc.

ARTISTIC RELEASE

Style

You acknowledge that you have spent a satisfactory amount of time reviewing the photographer's work and has a reasonable expectation that the photographer will perform the services in a similar manner and style.

Consistency

The photographer will use reasonable efforts to ensure your desired service(s) are produced in a style and manner consistent with the photographer’s current portfolio and the photographer will try to incorporate any reasonable suggestion made by you. However, you understand and agree that:

• Every client is different, with different tastes and needs

• The photographer services are often a subjective art and the photographer has a unique vision, with an ever-evolving style and technique

• The photographer will use his artistic judgment when providing services for you, which may not include strict adherence to your suggestions

• Although the photographer will use reasonable efforts to incorporate your suggestions and desires when providing the services, the photographer shall have final say regarding the aesthetic judgment and artistic quality of the services

• Dissatisfaction with the photographer's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned

• All image sizes are nominal. The photographer will provide a pleasing color balance but cannot guarantee exact color matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibers. It is sometimes impossible to record on film or digitally the exact color as seen by the human eye

License

The photographer shall be granted artistic license in relation to the poses photographed. The photographer’s judgment regarding the poses and number of images taken shall be deemed correct. Due to the willingness of subjects it may not be possible to capture all the images requested.

Retouching

All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The photographer's judgment regarding these corrections and the number of images put forward to you for preview shall be deemed correct. Retouching, digital manipulation, and artist finishing is available to you as an option at extra cost.

LIMIT OF LIABILITY

Maximum Damages

You agree that the maximum amount of damages you are entitled to in any claim relating to service(s) provided will not exceed the total cost of service(s) provided by the photographer.

Attendance

In the unlikely event of the assigned photographer being unable to attend your event due to unforeseen circumstances, we reserve the right to appoint another photographer to attend your event on our behalf to undertake the event photography to his/her best ability.

Loss of Product

In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, the photographer shall refund you with a pro-rated portion of the total cost based on the amount of services that were completed/provided against the amount of service(s) that were agreed to be completed/provided.

Indemnification 

You agree to indemnify, defend and hold harmless the photographer and its affiliates, employees, and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to service(s) and/or product(s) the photographer provides to you.

Limitation of Liability

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

Force Majeure

Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

1.     A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or

2.     War, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or

3.     Any situation created outside the control of either party such as a power outages, riot, pandemic, or explosion, or act or threat of terrorism.

4.     Furthermore, the due performance of this Agreement is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

Failure to Perform Services 

In the event the photographer cannot or will not perform its obligations in any or all parts of this Agreement, we (or a responsible party) will:

1.     Immediately give notice to you via email; and

2.     Issue a refund or credit based on a reasonably accurate percentage of service(s) rendered.

Personal Accident

Any directions issued to you and your guests during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

Severability

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Service Period
The service(s) purchased begins promptly at the designated start time and ends promptly at the designated ending time which was selected at the time of booking. You will not receive additional time if you are late.

Cancellation Policy
If you cancel your appointment or are a no show for your appointment, your payment will be forfeited and no credit will be available. At our sole discretion, we may issue a credit.

Refund Policy

• All sales are final. Due to the custom nature of our photography services and the time reserved specifically for your session, we do not offer refunds under any circumstances.

  By booking your shoot, you acknowledge and agree to the following:

  • Your session fee secures your time slot and includes one black and white image of your choice.

  • Add-ons such as the spotlight, throne, touch-up, or color version are optional and non-refundable.

  • If you are late or miss your appointment, your session may be forfeited without refund. Please arrive 5–10 minutes early and fully dressed.

• We are not liable for circumstances that are beyond our control. This includes power outages, severe weather, war, terrorism, pandemics, or any other acts of God. In such cases, we will issue you a pro-rated credit of your total cost paid for the service.

Account

When you create an account on our website, you affirm that the information that you provide is accurate and complete. You are responsible for maintaining the confidentiality of your account and password. Account access and passwords shall not be shared with others.

Delivery

Photographs are delivered via an online gallery hosted by Pic-Time. By accessing the gallery, you are subject to the following terms of service: https://www.pic-time.com/#TermsOfService

 
Prohibited Actions

By using this website, you agree that you will not perform any of the following actions:

- Use any images or content on this website for any unauthorized purpose

- Misrepresent your identity

- Display, sell, or distribute any portion of the website or content

- Use the website, images, or content in any way that is fraudulent, misleading, or deceptive

- Use the website in any way that violates any applicable federal, state or local laws, rules or regulations

Changes to Terms of Services

We reserve the right to make changes to the Terms of Services at any time. We will not provide any notice when changes are made.

The Terms of Services, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website, facility, and service(s).