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Terms of Service

📸 Terms of Service (TOS) for Flyboy Studios

Effective Date: 1/1/2025

Welcome to Flyboy Studios! We are thrilled to work with you to capture beautiful and lasting memories. Please read these Terms of Service carefully, as they outline the rights, responsibilities, and obligations of both the Client and Flyboy Studios (referred to hereafter as "The Studio" or "We").

By booking or contracting with The Studio, the Client agrees to be bound by these Terms.

1. Booking and Payment

1.1. Agreement and Deposit

  • A Session or Project is considered booked only upon receipt of a signed contract (or digital acceptance) and the required non-refundable Retainer Fee (or Deposit), as specified in your personalized Quote/Invoice.
  • The Retainer Fee secures the date and time and compensates The Studio for missed opportunities if the booking is cancelled.

1.2. Pricing and Final Payment

  • All prices are subject to change without notice, except for services already booked with a Retainer Fee.
  • The remaining balance of the agreed-upon fee is due 24 hours before the scheduled photographic session, or as otherwise specified in the contract.
  • If the full payment is not received by the due date, The Studio reserves the right to cancel the session, and the Retainer Fee will be forfeited.

1.3. Additional Costs

  • The Client is responsible for any location fees, permit costs, travel expenses outside the agreed-upon service area (calculated at $1 per mile), or other costs incurred at the Client's request.

2. Cancellations, Rescheduling, and Refunds

2.1. Client Cancellation

  • The Retainer Fee is non-refundable.
  • If the Client cancels the session more than 1 days before the date, no further payment is due.
  • If the Client cancels less than 1 days before the date, the Client may be required to pay the full remaining balance, at the discretion of The Studio, unless The Studio can book another client for the same date/time.

2.2. Client Rescheduling

  • The Client may reschedule one time if notice is given at least 1 days prior to the session. The new date is subject to The Studio's availability.
  • If rescheduling is requested with less than 1 days' notice, a new Retainer Fee is required.

2.3. Studio Cancellation

  • If The Studio is unable to perform the agreed-upon services due to illness, injury, or other unavoidable circumstances, The Studio will make every effort to secure a suitable replacement photographer.
  • If a replacement cannot be found, The Studio will promptly refund all monies paid, including the Retainer Fee. The Studio's liability is limited to this refund.

2.4. Force Majeure

  • If the session is cancelled or postponed due to an act of God (e.g., severe weather, fire, or other catastrophic event beyond either party's control), The Studio will work with the Client to reschedule. If rescheduling is not possible, The Studio will refund all monies paid, minus the Retainer Fee.

3. Image Delivery and Intellectual Property

3.1. Creative Control

  • The Studio retains full creative control and technical discretion regarding the photographic process, including the specific number of images taken, the choice of equipment, and the editing style.
  • The Studio's editing and retouching is a specialized service, and the Client agrees to the Studio's final artistic interpretation.

3.2. Delivery of Images

  • The final selection of edited digital images will be delivered via a private online gallery or other agreed-upon method within 1 week of the session date.
  • The Studio does provide RAW (unprocessed) or unedited images upon request.

3.3. Copyright and Usage

  • Copyright Ownership: The Studio retains the full and exclusive Copyright to all images created.
  • Client License: The Client is granted a personal, non-exclusive, non-transferable license to use the final edited digital images for personal display and personal print purposes (e.g., printing, social media sharing with credit).
  • Commercial Use: The Client may not use the images for any commercial purpose (e.g., advertising, selling products, using them in a business capacity) without a separate, written Commercial License Agreement and associated fee.
  • Prohibited Alterations: The Client may not edit, modify, filter, or crop the delivered images in any way.

3.4. Studio Usage

  • The Client grants The Studio the right to use the images for self-promotion, marketing, portfolio display (online and print), competition, and professional publications unless a separate written agreement outlining specific restrictions is signed (a Model Release opt-out).

4. Indemnity and Limitation of Liability

4.1. Cooperation

  • The Client agrees to cooperate and assist The Studio to the best of their ability in the execution of the services. The Studio is not responsible for missed images due to the Client's uncooperativeness or delays.

4.2. Damages and Loss

  • The Studio will take reasonable steps to prevent the loss or damage of images. In the unlikely event of total photographic equipment failure, loss, or damage to images before digital delivery, The Studio’s liability shall be limited to a full refund of all monies paid by the Client.

4.3. Limit of Liability

  • The maximum liability for any claim by the Client against The Studio shall be limited to the total amount paid by the Client for the service.

5. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under these terms shall be resolved in the courts of Sunnyvale, California.

Contact Information

If you have any questions about these Terms of Service, please contact us at:

Flyboy Studios

E. Remington Drive

865-804-6344

andrew@flyboy-studios.com

https://flyboy-studios.com

11/12/2025

Flyboy Studios

Copyright © 2025 Flyboy Studios - All Rights Reserved.

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