TERMS & CONDITIONS

TERMS & CONDITIONS FOR PEARLESCENT PORTRAITS

Agreement between User and PearlescentPhoto.com

Welcome to PearlescentPhoto.com. The PearlescentPhoto.com website (the “Site”)
is comprised of various web pages operated by Jean Tully (“Pearlescent
Portraits”). PearlescentPhoto.com is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein (the “Terms”). Your use of PearlescentPhoto.com constitutes your
agreement to all such Terms. Please read these terms carefully and keep a copy
of them for your reference.

PearlescentPhoto.com is a website.
Ohio Photographer

Privacy

Your use of PearlescentPhoto.com is subject to Pearlescent Portraits’s
Privacy Policy. Please review our Privacy Policy, which also governs the Site
and informs users of our data collection practices.

Electronic Communications

Visiting PearlescentPhoto.com or sending emails to Pearlescent Portraits
constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures and
other communications that we provide to you electronically, via email and on
the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Pearlescent Portraits does not knowingly collect, either online or offline,
personal information from persons under the age of 18. If you are under 18, you
may use PearlescentPhoto.com only with permission of a parent or guardian.

Cancellation/Refund Policy Non-Refundable Retainer upon Booking:

Client will deliver a non-refundable retainer to Studio at the time of
booking. Upon payment, Studio will reserve the time and date agreed upon by
both parties. Client agrees that this retainer is earned by Studio when paid
and is remitted in consideration of the inability of Studio to schedule other
clients during the reserved time. All sales and payments before and after the
photoshoot are final and non-refundable.

Rescheduling

In the event that Client requests to reschedule with at least 10 days notice,
there is no rescheduling fee. A reschedule request less than 5 days before the
portrait session and each additional rescheduling request will result in a $100
reschedule fee. Rescheduled appointments must be within 90 days of the original
date. A new rescheduled date must be selected within 24 hours of the reschedule
request or the session is considered a cancellation. If Client reschedules,
this original contract will apply in full to the new session date. All sales
and payments before and after the photoshoot are final and non-refundable.

Cancellation:

If Client requests to cancel this Contract, the retainer will be forfeited.
If Client fails to show within 30 minutes of the session time, the session will
be considered a cancellation, and the retainer will be forfeited. Failure for
the Client to confirm the photoshoot appointment via text, email or phone call
is also considered a cancellation. All sales and payments before and after the
photoshoot are final and non-refundable. Late arrival: Any Client that is late
arriving to the portrait session will have the amount of time late deducted
from the time allotted for the portrait session (includes time with HAMU.
Client will not be compensated for the time deducted from the portrait session
due to late arrival of Client. If Client fails to show within 30 minutes of the
session time, the retainer will be forfeited. If the Client has paid a
discounted or promotional retainer fee, Client’s credit card on file will be
charge

Links to Third Party Sites/Third Party Services

PearlescentPhoto.com may contain links to other websites (“Linked Sites”).
The Linked Sites are not under the control of Pearlescent Portraits and Pearlescent
Portraits is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Pearlescent Portraits is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by Pearlescent Portraits of the site or any association with its operators.

Certain services made available via PearlescentPhoto.com are delivered by third
party sites and organizations. By using any product, service or functionality
originating from the PearlescentPhoto.com domain, you hereby acknowledge and
consent that Pearlescent Portraits may share such information and data with any
third party with whom Pearlescent Portraits has a contractual relationship to
provide the requested product, service or functionality on behalf of PearlescentPhoto.com
users and customers. No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access
and use PearlescentPhoto.com strictly in accordance with these terms of use. As
a condition of your use of the Site, you warrant to Pearlescent Portraits that
you will not use the Site for any purpose that is unlawful or prohibited by
these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party’s use
and enjoyment of the Site. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available or
provided for through the Site.

All content included as part of the Service, such as text, graphics, logos,
images, as well as the compilation thereof, and any software used on the Site,
is the property of Pearlescent Portraits or its suppliers and protected by
copyright and other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and other proprietary
notices, legends or other restrictions contained in any such content and will
not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content, in whole or in part, found on the Site. Pearlescent Portraits content
is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not
delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use and will make no
other use of the content without the express written permission of Pearlescent
Portraits and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of Pearlescent Portraits or
our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Pearlescent
Portraits from our offices within the USA. If you access the Service from a
location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the Pearlescent Portraits Content
accessed through PearlescentPhoto.com in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Pearlescent Portraits, its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorney’s fees) relating
to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. Pearlescent Portraits reserves the
right, at its own cost, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
fully cooperate with Pearlescent Portraits in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them
arising out of or concerning these Terms and Conditions, or any provisions
hereof, whether in contract, tort, or otherwise at law or in equity for damages
or any other relief, then such dispute shall be resolved only by final and
binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration
Association, or a similar arbitration service selected by the parties, in a
location mutually agreed upon by the parties. The arbitrator’s award shall be
final, and judgment may be entered upon it in any court having jurisdiction. In
the event that any legal or equitable action, proceeding or arbitration arises
out of or concerns these Terms and Conditions, the prevailing party shall be
entitled to recover its costs and reasonable attorney’s fees. The parties agree
to arbitrate all disputes and claims in regard to these Terms and Conditions or
any disputes arising as a result of these Terms and Conditions, whether
directly or indirectly, including Tort claims that are a result of these Terms
and Conditions. The parties agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The entire dispute, including
the scope and enforceability of this arbitration provision shall be determined
by the Arbitrator. This arbitration provision shall survive the termination of
these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an
individual basis; class arbitrations and class/representative/collective
actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE
PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST
THE OTHER.

Further, unless both you and Pearlescent Portraits agree otherwise, the
arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. PEARLESCENT PORTRAITS AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. PEARLESCENT
PORTRAITS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PEARLESCENT PORTRAITS AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEARLESCENT
PORTRAITS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SITE, WHETHER BASED ON CONTRACT, TORI, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF PEARLESCENT PORTRAITS OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Pearlescent Portraits reserves the right, in its sole discretion, to
terminate your access to the Site and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
this agreement is governed by the laws of the State of Ohio and you hereby
consent to the exclusive jurisdiction and venue of courts in Ohio in all
disputes arising out of or relating to the use of the Site. Use of the Site is
unauthorized in any jurisdiction that does not give effect to all provisions of
these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Pearlescent Portraits as a result of this
agreement or use of the Site. Pearlescent Portraits’s performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Pearlescent Portraits’s right to comply
with governmental, court and law enforcement requests or requirements relating
to your use of the Site or information provided to or gathered by Pearlescent
Portraits with respect to such use. If any part of this agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Pearlescent Portraits with respect to the Site
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Pearlescent Portraits
with respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be written in
English.

Changes to Terms

Pearlescent Portraits reserves the right, in its sole discretion, to change
the Terms under which PearlescentPhoto.com is offered. The most current version
of the Terms will supersede all previous versions. Pearlescent Portraits
encourages you to periodically review the Terms to stay informed of our
updates. If you have any questions about this Privacy Policy, please contact us
via email at [email protected].