Terms and Conditions
Usage Agreement
Welcome to Lumiere Studios, located at 12 Charles Street, Boston, MA 02114. By accessing or using our photography services, you agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully. These Terms govern your access to and use of the Lumiere Studios website (lumierestudiosboston.com) and related services.
Acceptance of Terms
Your use of Lumiere Studios’ services constitutes your agreement to these Terms. If you do not agree to these Terms, you are not authorized to use our services. Lumiere Studios reserves the right to modify these Terms at any time without prior notice. Your continued use of our services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.
Service Description
Lumiere Studios, founded by Isabelle Dubois, provides professional photography services including, but not limited to: portrait photography, wedding photography, event photography, and family photography. Specific details regarding each service, including pricing and deliverables, will be outlined in a separate service agreement provided before the commencement of any photoshoot.
Booking and Payment
All bookings require a non-refundable deposit, the amount of which will be specified in the service agreement. The remaining balance is due upon completion of the photography session or as otherwise agreed upon in writing. We accept various forms of payment, including credit cards, debit cards, and cash. Late payments may be subject to a late fee, as determined by Lumiere Studios.
Cancellation and Rescheduling
Clients may cancel or reschedule a photoshoot, but the non-refundable deposit will be forfeited if cancellation occurs less than 72 hours before the scheduled session. Rescheduling is subject to availability and may incur additional fees. Lumiere Studios reserves the right to cancel a photoshoot due to unforeseen circumstances, such as inclement weather or photographer illness, in which case the client will receive a full refund of any payments made.
Copyright and Usage Rights
Lumiere Studios retains all copyrights to the photographs taken during any session. Clients receive a limited license to use the images for personal use, including printing, sharing online, and creating photo albums. Commercial use of the images is strictly prohibited without the express written consent of Lumiere Studios. Any unauthorized use of the images may result in legal action.
Client Responsibilities
Clients are responsible for obtaining any necessary permissions or permits for photoshoot locations. Clients are also responsible for the behavior of themselves and their guests during the photoshoot. Lumiere Studios reserves the right to terminate a photoshoot if the behavior of the client or their guests is deemed inappropriate or disruptive.
Model Release
Clients agree to sign a model release, granting Lumiere Studios the right to use the images for promotional purposes, including but not limited to: website display, social media marketing, and print advertising. Clients who do not wish to have their images used for promotional purposes must notify Lumiere Studios in writing prior to the photoshoot.
Liability
Lumiere Studios strives to provide the highest quality photography services but cannot guarantee specific results. Our liability is limited to the amount paid by the client for the services rendered.
Limitation of Liability
To the fullest extent permitted by applicable law, Lumiere Studios shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use our services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from our services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through our services; and/or (f) the defamatory, offensive, or illegal conduct of any third party.
Indemnification
You agree to indemnify and hold harmless Lumiere Studios, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the services; (b) your violation of any term of these Terms; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your content caused damage to a third party.
Disclaimer of Warranties
The services provided by Lumiere Studios are provided on an "as is" and "as available" basis. Lumiere Studios makes no representations or warranties of any kind, express or implied, as to the operation of our services or the information, content, materials, or products included on our site. You expressly agree that your use of our services is at your sole risk.
To the full extent permissible by applicable law, Lumiere Studios disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Lumiere Studios does not warrant that our services, servers, or email sent from Lumiere Studios are free of viruses or other harmful components. Lumiere Studios will not be liable for any damages of any kind arising from the use of our services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Force Majeure
Lumiere Studios shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Lumiere Studios's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Termination
Lumiere Studios reserves the right to terminate your access to our services at any time, with or without cause, and without prior notice. You may also terminate your agreement with Lumiere Studios by ceasing to use our services.
Termination by Lumiere Studios
Lumiere Studios may terminate your access to all or any part of the services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your Lumiere Studios account (if you have one), you may simply discontinue using the services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Termination by Client
Clients may terminate their agreement by providing written notice to Lumiere Studios at least 30 days in advance. However, any non-refundable deposits will be forfeited. All outstanding balances must be paid in full upon termination.
Effect of Termination
Upon termination, your right to use the services will immediately cease. All licenses and rights granted to you under these Terms will also terminate. Lumiere Studios reserves the right to delete any data or content associated with your account upon termination.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. You agree that any legal action or proceeding between Lumiere Studios and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Boston, Massachusetts.
Contact Information
If you have any questions about these Terms, please contact us at:
Lumiere Studios
12 Charles Street
Boston, MA 02114
Email: [email protected]
Phone: (617) 555-7420