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Last Updated July 20, 2023
These Terms of Service (“Terms”) create a legal Agreement (this “Agreement”) between the Photo Loft Co and the user of the website (“you” or “your”). Photo Loft’s website, https://www.photoloft.co is available by desktop or mobile web (the “Site”) and controlled by Photo Loft Co. (“we,” “us” or “Photo Loft”). This Agreement governs your use of the Site and the services, features, products, and information available on the Site, along with associated and successor websites, applications, features, information, and services, or any part thereof (the “Service”).
The Site is provided as a service to our customers. Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review the Terms whenever you use or access the Site. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms.
By accepting these terms and conditions through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.
You are responsible to ensure all individuals depicted in photographs are of legal age. Photo Loft shall not be responsible for verifying the age of participants in the activities and reserves the right to request proof of parental consent for any models or photographic subjects under the age of 18. In the event that Photo Loft becomes aware of any legal age violations, Photo Loft reserves the right to terminate the relevant activities. Photo Loft shall not be held liable for any inaccuracies in identification or age verification.
We reserve the right, in its sole discretion, to change, modify, add to, supplement or delete any terms and conditions of this Agreement (including the Privacy Policy, if any, which is incorporated into and governed by this Agreement) at any time. You should visit this page whenever you use the Service to review this Agreement and learn if any terms have changed. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes.
Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.
Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title, or interest in or to the Content.
Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state, or international laws.
Unless otherwise specified in writing, all Content and other materials that are part of the Service are owned, controlled, or licensed by Photo Loft and its licensors and are protected by law from unauthorized use. Photo Loft, and the Photo Loft logos, are trademarks of Photo Loft and may not be used without the express written permission of Photo Loft.
You do not acquire any ownership rights by using the Service, or by copying or downloading material from the Service.
You agree not to copy, redistribute, publish, or otherwise exploit Content, except as expressly permitted herein, without the express prior written permission of Photo Loft.
You hereby grant to Photo Loft a limited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers), and transferable right and license to use all comments, feedback, blog or forum statements, suggestions, ideas, emails, and other submissions disclosed or submitted to Photo Loft in connection with your use of the Service, including through the Public Areas (collectively, “Submissions”) in any manner Photo Loft may desire, including, but not limited to, to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised, without compensation to you and without identifying you as the creator. You agree that the provisions in this section will survive any termination of your account(s), the Service, or this Agreement.
You agree to include, and to not remove or alter, Photo Loft’s trademark, copyright, or other proprietary rights notices, as provided by Photo Loft on or in connection with the Service, when using or sharing content, or otherwise using the Service, and you agree to comply with usage guidelines that may be provided by Photo Loft from time to time. You agree that all goodwill that arises in connection with your use of Photo Loft trademarks inure exclusively to Photo Loft, and you agree not to challenge Photo Loft’s ownership or control of any Photo Loft trademarks, nor use or adopt any trademarks that might be confusingly similar to such Photo Loft trademarks.
The rental period shall be pre-determined at the time of reservation and shall commence at the specified start time and conclude at the designated ending time. The rental period shall include preparation, dismantling, and cleaning. Photo Loft shall be thoroughly cleaned and emptied by the conclusion of the rental period. Equipment, props, catering, etc. shall not be dropped off or collected before the completion of the shoot, unless prior written consent from Photo Loft has been obtained, and additional fees may apply.
In the event of overtime, a grace period of 15 minutes shall be allowed, after which fees shall accrue at the prevailing rental rate, computed on an hourly basis. The grace period shall not apply to rentals with a start time of 8:15 PM. If the rental period begins at 8:15 PM, the Studio shall be cleaned and evacuated by10:15 PM, without any grace period. If the Studio is not cleared and evacuated by 10:15 PM, late fees shall be levied and charged to the renter's payment method at $10 per minute for every minute after 10:15 PM.
50% non-refundable deposit shall be paid to secure an event date. The outstanding balance must be settled 14 days prior to the event. Additionally, a $500 security deposit shall be paid by check or a complete credit card authorization form. The check and/or form shall be destroyed if no instances of damage or theft are detected within 48 hours after the event.
In the event of a recurring reservation, the renter shall be charged [for the number of reservations booked at the time of reservation/before each reservation].
In accordance with this Terms, a 50% rental deposit is non-refundable under all circumstances. However, if a cancellation is made within 21 days prior to the event, the remaining rental fee, floral expenses, rented items, staff needs, and security deposit will be refunded. If a cancellation is made within 7 days prior to the event, the remaining rental fee, floral expenses, rented items, and staff needs will not be refunded. The security deposit, in the form of a check or credit card authorization, will be returned or destroyed at your request. Please notify Photo Loft as soon as possible in the event of any changes to your plans.
Pursuant to this Terms, in the event that the originally scheduled date of services is more than six (6) months from the date of the request for change, the renter shall be entitled to one (1) no-fee date change. Any additional date changes requested outside of the six (6) month window shall incur a fee of five hundred dollars ($500) per change. If the request for change falls within six (6) months of the originally scheduled date, a date change fee of one thousand dollars ($1,000) shall apply. The date of services may be postponed as often as desired, incurring the applicable fee and paying any differential in rate each time. Change to an earlier date without penalty may be requested, subject to availability.
You agree to comply with all restrictions stated in the Site, including but not limited to the Terms and FAQ.
You shall be held liable for the actions and inactions of you and all parties, entities, contractors, and pets associated with the use of the Studio (hereinafter referred to as the "Group"). The Studio shall be provided with furnishings in good working order. Upon entering the Studio, you shall inspect the Studio and its furnishings and equipment. If any damage or malfunctions are discovered at the time of inspection, you shall take a photograph as evidence and email it to hello@photoloft.co within15 minutes of the start of the rental period. Failure to provide such notification within the specified timeframe shall be considered as acceptance of the Studio and its furnishings and equipment being in good working order and free from damage. To the fullest extent permitted by law, you shall be responsible for any loss, theft, damage, or destruction of the Studio and its contents. The Renter shall immediately notify Photo Loft of any damage or situations that may obstruct the normal use of the Studio or its contents. You shall pay for repair costs resulting from damage caused by the Group within 24hours of receipt of notice from Photo Loft.
You shall be responsible for any damage to the Studio, including but not limited to, spills, scratches, excessive wear, marks or stains on furniture, fixtures, floors, or painted surfaces. Upon departure, you shall leave the Studio and its furnishings and equipment in a clean and orderly condition, excluding normal wear and tear. Trash should be disposed of in trash cans and larger items in the outside dumpster. If the Studio is not returned in the same condition as when rented, you shall pay a minimum of a $100 cleaning fee, based on the time required to clean the Studio at a rate of $100 per hour, as well as the cost of repairing and replacing any damage caused by the Group. Such costs and fees shall be charged to your credit card provided at the time of reservation or you may be invoiced for the amount due.
Photo Loft and its representatives shall not be held liable for any property left in the Studio or any property left after the conclusion of your rental period. After a period of four (4) days, it shall be presumed that any discovered property has been abandoned and Photo Loft may dispose of it as it sees fit.
Specifically for an Event booking, you must provide a Certificate of Liability Insurance to Photo Loft 14 days prior to the use of the Studio. This insurance certificate must explicitly state the following conditions:
You are required to pay an additional of $50 if you want to use the shower and tub. In the event of any usage of shower and tub, you forever release, discharge, and covenant not to sue the Photo Loft from any and all liability, claims, actions, injury, illness, or death that may arise in connection with your usage.
Photographers are recommended to have the photographer’s own events insurance during the day of the events.
Photo Loft shall have no liability to you under this Terms if it is prevented from or delayed in performing its obligations under this Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs, or other industrial disputes (whether involving the workforce of Photo Loft or any other party),failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of planter machinery, fire, flood, storm or default of the third party. In any of the aforementioned cases, Photo Loft shall be exempted from any civil and criminal charges.
We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete, or out of date. All specifications, products, descriptions, and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.
If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information including, without limitation, usernames of accounts and other information to comply with applicable laws and lawful government requests.
By making a subscribing on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).
Photo Loft takes certain industry-accepted precautions to secure the Site or portions thereof. However, you understand and agrees that such precautions cannot guarantee that use of the Site is invulnerable to security breaches, nor does Photo Loft make any warranty, guarantee, or representation that use of the Site is protected from all viruses, worms, Trojan horses, and other vulnerabilities.
During your use of the Site, Photo Loft may issue to and request from your computer “cookies" to enable more convenient browsing when you revisit the Site. You must not alter any cookies sent to your computer from the Site and must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.
The Site may include links to other websites maintained by third parties which are neither maintained nor controlled by Photo Loft or may contain content posted on or via the Site by third parties. Photo Loft shall not be responsible for any errors or omissions in any content in the Site, or the content, products or services of any hyperlinked external Site or any hyperlink contained in a hyperlinked external Site, nor for the privacy and security practices employed by these external Sites, and under no circumstances shall Photo Loft be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Site, or arising from access to external Sites. Use of the Site and any hyperlinks and access to external Sites are entirely at the user’s own risk.
You acknowledge that Photo Loft has no control over and excludes all liability for any material on the Internet which can be accessed by using the Site. Neither will Photo Loft be deemed to have endorsed any such content thereto.
You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.
You agree to defend, indemnify and hold Photo Loft, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable lawyer’s fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Site; (b) your use of the Site; (c) your use of the Photo Loft’s services; and (d) any violation by you of these Terms; or (e) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Site.
These Terms shall be construed in accordance with the laws of the state of Texas, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
You forever release, discharge, and covenant not to sue the Photo Loft from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Photo Loft or otherwise, in connection with your use of the Service or your interaction with any party through or as a result of the Service. In other words, you cannot sue the Photo Loft if anything happens to you, your health or your property from using the Service, Photo Loft’s Studio, or interacting with any party through the Service. You agree that the provisions in this Release of Liability section of this Agreement will survive any termination of your account(s), the Service, or this Agreement.
Specifically, forever release, discharge, and covenant not to sue the Photo Loft from any and all liability, claims, actions, injury, illness, or death that may arise in connection with your use of the Photo Loft’s services.
Mindful of the high cost of legal dispute, not only in dirhams but also in time and energy, both you and Photo Loft agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice shall be sent to Photo Loft, Customer Service, e-mail: hello@photoloft.co
Unless you indicate otherwise in your notice, Photo Loft shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.
In the event that Photo Loft is unable to resolve the dispute with you through the Customer Service department referenced above, you and Photo Loft both agree the parties shall resolve their dispute utilizing governing federal and state courts located in the state of Texas. You hereby waive your right to a class action lawsuit.
The failure of Photo Loft to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of Photo Loft’s right to assert or rely upon any such provision or right in that or any other instance.
You and Photo Loft agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If the Dispute Resolution section of this Agreement is found to be illegal or unenforceable then neither you nor Photo Loft will elect to arbitrate any Dispute falling within that portion of the section and such Dispute will be decided by a court of competent jurisdiction within Dubai, the United Arab Emirates, and you and Photo Loft agree to submit to the personal jurisdiction of that court.
Should the user respond to any part of the materials contained herein in the Site with any communications including feedback data, such as questions, comments, suggestions, or the like, such information shall be deemed to be non-confidential and Photo Loft and its affiliates, subsidiaries, employees, agents, partners, principals and representatives shall have no obligation whatsoever with respect to such communications and shall be free to reproduce, use disclose and distribute the information to others without limitation, and shall be free to use in any way for any purpose whatsoever the content of such communications including any ideas, know-how, techniques or concepts disclosed therein.
Photo Loft is committed to protecting, respecting your personal data and protecting the privacy of the visitors to the Site.
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact Customer Service.