Daysee Terms of Service

Acceptance; Electronic Agreement

By accessing or using the Site, you agree to these Terms. By checking the acceptance box in our booking flow, submitting a booking, or paying a deposit or invoice, you confirm that you have read, understand, and agree to these Terms and the documents incorporated by reference.

You must be at least eighteen (18) years old to book or purchase Services. A booking that includes a minor may be made only by that minor’s parent or legal guardian. You agree that electronic records, checkbox assent, electronic signatures, and confirmations may be used to evidence your agreement and are enforceable to the fullest extent permitted by law.

Documents That Apply to Your Booking

Our Privacy Policy, Cancellation & Rescheduling Policy, and the session-specific Session Agreement & Liability Acknowledgment are incorporated into these Terms. The optional Photo & Model Release applies only if you affirmatively elect it. The Text Messaging Terms below apply if you provide a mobile number or elect to receive text messages from Daysee.

If a conflict exists, the following order controls: (1) a written, session-specific agreement signed by Daysee and you; (2) the booking confirmation and itemized purchase terms; (3) the Session Agreement & Liability Acknowledgment; (4) the Cancellation & Rescheduling Policy; (5) the Photo & Model Release, solely as to image-use permission; (6) these Terms; and (7) the Privacy Policy, solely as to privacy matters.

Bookings; Pricing; Payment

A session is not confirmed until Daysee accepts the booking and receives any required deposit or payment. Prices, package inclusions, taxes, shipping charges, and payment deadlines are those displayed or communicated when you book or purchase. Daysee may correct obvious pricing, description, or availability errors before fulfilling an order and will give you the opportunity to proceed at the corrected terms or receive a refund of amounts paid for the affected order.

You authorize Daysee and its payment providers to charge the payment method you provide for all amounts due in connection with your booking or purchase. You are responsible for providing accurate, current payment and contact information. Daysee may withhold image delivery, products, and other deliverables until all overdue amounts are paid.

Cancellations, Rescheduling, and Studio-Initiated Changes

The Cancellation & Rescheduling Policy governs cancellations, rescheduling, late arrival, and no-shows. Daysee may postpone, modify, shorten, or cancel a session when reasonably necessary for safety, illness, weather, equipment failure, a facility issue, or another circumstance beyond Daysee’s reasonable control. Daysee’s obligation in that event is limited to rescheduling the affected session or, if rescheduling is not reasonably practicable, refunding amounts paid for the affected session. This does not limit rights that cannot be limited under applicable law.

Studio Rules; Children; Guests

You are responsible for your own conduct and the conduct of every child and guest you bring to the studio. A parent or legal guardian must remain present and responsible for each minor throughout the visit unless Daysee expressly agrees otherwise in writing. You must follow reasonable studio directions concerning equipment, props, posing, capacity, food, animals, safety, and respectful conduct.

Tell us before the session about relevant allergies, sensitivities, mobility needs, medical considerations, or other circumstances that may affect safe participation. Do not bring a child who is ill with a contagious condition without first contacting us. Daysee may pause, shorten, or end a session without refund where reasonably necessary to protect safety, property, staff, or other clients, including for unsafe, disruptive, abusive, discriminatory, or inappropriate conduct.

Images, Delivery, and Client License

Unless your booking confirmation states otherwise, Daysee will make selected images available in a private online gallery after post-production. Delivery dates are good-faith estimates, not guarantees. Gallery availability, product fulfillment, and any download window are stated in your booking confirmation, gallery notice, or purchase terms. You are responsible for downloading and maintaining your purchased digital files before the stated gallery-expiration date.

Daysee owns all copyrights and other intellectual-property rights in images and creative materials it creates, subject to any nonwaivable rights. Once all amounts due are paid, Daysee grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to download, display, and make personal prints of the digital images you purchased. You may not sell, license, commercially exploit, enter into contests, use for artificial-intelligence training, remove a watermark or copyright notice, materially alter, or permit third-party commercial use of any image without Daysee’s prior written consent.

Daysee does not promise that every image captured will be delivered. Image selection, composition, retouching, and artistic treatment are determined in Daysee’s professional judgment and signature style. Color, cropping, and appearance can vary across screens, printers, materials, and lighting conditions.

Products; Custom Orders

Printed products, albums, frames, and other custom-made items are final sale and may not be cancelled, returned, or refunded after production begins, except for items that arrive damaged or defective or as otherwise required by law. You must inspect a delivered product promptly and notify Daysee at hello@dayseestudio.com within seven (7) days after delivery of any claimed damage, defect, or fulfillment error, with supporting photographs where reasonably available. This notice period does not reduce any right that cannot be waived by law.

Feedback and Submissions

If you voluntarily submit a review, testimonial, feedback, or other content to Daysee, you grant Daysee a non-exclusive, worldwide, royalty-free license to reproduce, display, and use that submission in connection with Daysee’s business. This license does not override the separate Photo & Model Release or grant Daysee permission to use identifiable session images for marketing without the consent required under that release.

Site Rules and Third-Party Services

You may use the Site only for lawful, personal purposes. You may not interfere with Site security or operation; introduce malicious code; scrape, harvest, or use automated means to collect Site data without written permission; infringe another person’s rights; or use the Site to submit unlawful, abusive, or infringing material.

The Site and Services may rely on third parties, including booking, payment, gallery-hosting, printing, shipping, communications, analytics, and social-media providers. Those providers’ services are governed by their own terms and privacy policies. Daysee is not responsible for a third party’s separate services, content, availability, or practices.

Text Messaging Terms

Daysee may send text messages to a mobile number you provide in connection with your booking, purchase, or other interaction with us. These Text Messaging Terms govern those messages.

By providing your mobile number, you agree that Daysee may send text messages about your booking, including confirmations, reminders, schedule changes, session logistics, gallery and order updates, and customer-service messages. These messages are limited to your booking, purchase, account, or other service relationship with Daysee.

Daysee will send recurring automated promotional text messages, including offers, new-session announcements, events, and other marketing, only if you give separate affirmative consent through the applicable, unchecked marketing-text opt-in. Marketing-text consent is not a condition of purchasing any Services.

Message and data rates may apply. Reply STOP to cancel or opt out of a text-message program. For help, contact Daysee at hello@dayseestudio.com.

An opt-out applies to the text-message program from which you opt out. If you have separately consented to more than one text-message category and the scope of your request is unclear, Daysee may reasonably request clarification. Daysee will honor opt-out and other revocation requests through reasonable means.

Daysee’s collection and use of mobile numbers and other personal information are described in the Privacy Policy.

Disclaimers

Except where expressly stated in writing, the Site and Services are provided on an as available basis. To the fullest extent permitted by law, Daysee disclaims implied warranties, including merchantability, fitness for a particular purpose, title, and noninfringement. Daysee does not warrant that the Site, gallery, or electronic communications will always be uninterrupted, error-free, secure, or available, or that a particular creative outcome will be achieved.

Nothing in these Terms disclaims any warranty or liability that cannot lawfully be disclaimed.

Limitation of Liability

To the fullest extent permitted by law, Daysee and its owners, members, employees, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits; loss of goodwill; or loss of data arising from or relating to the Site or Services, even if advised of the possibility of those damages.

To the fullest extent permitted by law, Daysee’s aggregate liability arising from or relating to a particular booking, purchase, Site use, or claim will not exceed the amount actually paid to Daysee for the Service or product giving rise to that claim. This limitation does not apply to liability that cannot be limited under applicable law.

Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Daysee and its owners, members, employees, contractors, and service providers from third-party claims, liabilities, damages, and reasonable attorneys’ fees arising out of your breach of these Terms, your unlawful conduct, or the conduct of a child or guest you bring to the studio, except to the extent caused by Daysee’s gross negligence or willful misconduct.

Privacy

Daysee’s collection and use of personal information are described in the Privacy Policy. You agree to provide only information that you are authorized to provide, including information concerning any child or other person included in a booking. The Privacy Policy also describes Daysee’s collection and use of mobile numbers, text-message preferences, and consent and opt-out records. Daysee does not sell, rent, share, or disclose mobile numbers or SMS opt-in consent to third parties for their own marketing or promotional purposes.

Suspension and Termination

Daysee may suspend or terminate Site access, decline a booking, or cancel an order where it reasonably believes that doing so is necessary to protect the Site, the studio, Daysee, clients, staff, or third parties, or to address a breach of these Terms. Sections that by their nature should survive will survive termination, including intellectual-property, limitation-of-liability, indemnification, and dispute provisions.

Governing Law; Venue; Informal Resolution

New York law governs these Terms, without regard to its conflict-of-laws rules. Before commencing a claim, each party will make a good-faith effort to resolve the matter informally by written notice to the other party. Any action arising from these Terms or the Services must be brought exclusively in the state or federal courts located in Kings County, New York, and each party consents to that venue and jurisdiction, except where applicable law requires another forum.

Changes; General Terms

Daysee may revise these Terms prospectively by posting an updated version with a revised effective date. For a booked session, the version accepted when you booked applies unless you agree to a later version in writing.

If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective. Daysee’s failure to enforce a provision is not a waiver. You may not assign these Terms without Daysee’s prior written consent; Daysee may assign them in connection with a merger, sale, financing, or transfer of its business or assets. These Terms do not create third-party beneficiary rights.

Contact

Questions about these Terms may be sent to hello@dayseestudio.com or mailed to JJB Ventures LLC d/b/a Daysee, 45 South 4th Street, Brooklyn, NY 11249.