We don't enjoy this stuff, but it has to be done! Remember...we strive to make each of our clients so comfortable during their sessions, that many leave feeling like a friend (which we LOVE!). Unfortunately, sometimes people think this means that they can take liberties with our Terms and Conditions. We want your experience to be fun and easy going but this is a business. Please respect that. Our Terms and Conditions are in place for everyone's best interest and are strongly policed and enforced. Please read and understand the Terms and Conditions before booking your session!

These Terms and Conditions are applicable to you upon you accessing the site and/or completing the registration or shopping process and/or making partial or full payment for a session or products, or for any and all complimentary sessions. All transactions between the Photographer (Sugar & Spice Photography, us/we) and the Client (you/I), whether made verbally or in writing, are subject to the Terms and Conditions. These Terms and Conditions, or any part of them, may be terminated by Sugar and Spice Photography, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Website owner, the offering, and binding of Terms

This website is owned and operated by Sugar and Spice Photography. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors photography services and products. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

Who can use our website; what are the requirements to create an account

In order to use our website and/or receive our services, you must be at least 16 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Key commercial Terms offered to customers

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

Return and refund policy

Product orders that are damaged or incorrect may be returned for an exchange within 30 days of delivery. We will pay for shipment of replaced products to customer and customer will be responsible for return shipment of the product to us. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) all undamaged custom order products are not eligible for return.

Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Ownership of intellectual property, copyrights and logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Sugar and Spice Photography . Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

Right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

Indemnification

You agree to indemnify and hold Sugar and Spice Photography harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Sugar and Spice Photography, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Sugar and Spice Photography assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

Promotional emails and content

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of [Name of Country / State], without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in [Name of the city of the courts]. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Customer support details & contact info

Contact: admin@sugarandspicephotography.com for customer support.

AGREEMENT TO OUR LEGAL TERMS

We are Sugar and Spice Photography, LLC ("Company," "we," "us," "our"), a company registered in Minnesota, United States at 11221 River Road NE, Hanover, MN 55341.

We operate the website http://www.SugarandSpicePhotography.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). You can contact us by phone at 6124248530, email at email@sugarandspicephotography.com, or by mail to 11221 River Road NE, Hanover, MN 55341, United States. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Sugar and Spice Photography, LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records.

View our Privacy Policy and Messaging Info HERE.

📱 SMS Messaging Terms

By providing your phone number and opting in, you consent to receive SMS messages from Sugar & Spice Photography at 612-424-8530. These messages may include:

• Appointment confirmations and reminders

• Session pricing or delivery notifications

• Customer support communications

• Promotional or marketing content

Consent is not a condition of purchase. Message frequency may vary, but you can expect up to 4 messages per month depending on your interaction with our services. Message and data rates may apply.

You may:

• Text HELP for assistance

• Text STOP, UNSUBSCRIBE, or CANCEL to opt our or unsubscribe at any time

• Contact us at email@sugarandspicephotography.com or call 612-424-8530

We do not share mobile opt-in or consent information with any third parties for marketing or promotional purposes. All mobile data is stored securely and never transferred or sold. Any sharing referenced elsewhere in this policy explicitly excludes SMS-related data.

DISCOUNTS Please understand that discounts, special promotions, online certificates, benefit donation certificates, online promotion military discounts or any other deals, special pricing or offers cannot be combined. Special certificates (such as mini shoot certificates), can be used toward a mini shoot, or value can be used and applied as a discount toward an upgraded session, and no other discounts, promotions, etc. may be combined with it. Sessions with discounts of any kind cannot be scheduled on Saturdays.

PAYMENTS Payments received in full or in part for sessions, products, certificates, or anything else, are non-refundable. We accept most major credit cards and cash. Credit or debit card charges will appear on your statement as S&S, LLC or SandS, LLC. As we are a small business, we accept Visa, Mastercard and Discover credit/debit cards with a nominal 3.5% checkout fee.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

TRANSFERRING SESSIONS/PAYMENTS

Payments received in full or in part for sessions or certificates may be transferred to another client with a $50 administrative fee.

OUTSTANDING BALANCES

Any monies that a client pays for a session or products will be first applied to client's outstanding balance.

As our hours are “by appointment only”, we must keep a very strict policy on cancellations and rescheduling. Once you have submitted your deposit or the session amount in full, there are no refunds. If you cancel your scheduled session, liquidated damages in the amount of your deposit or session fee will be charged. If you need to downgrade your appointment for any reason, we require at least two weeks notice in writing.

RESCHEDULING -If your request to reschedule is made more than 14 days before your scheduled session: The deposit in full will be transferred to a new appointment. Feel free to log in to the member's area to view the calendar with availability and reschedule the appointment on your own or request a change HERE.

-If your request to reschedule is made 14 days or less before your scheduled session: liquidated damages in the amount of your deposit will be charged and an a new deposit will be required to book a new session. Contact us for special circumstances.

Requests to reschedule more than once may result in additional administrative fees. Rescheduling requests must be emailed HERE.

LATE POLICY If you are late to your scheduled session, the time that you are late will be deducted from your session. If you are late more than one-half hour, your session is forfeited and your session fee used to cover liquidated damages.

Sugar & Spice Photography takes utmost care to honor scheduled session times and to deliver products and services as promised. However, should we be unable to perform services due to illness, injury, family crisis, unforeseen emergency or scheduling conflict, we reserve the right to reschedule the session within calendar year. If there is not a suitable time within calendar year, clients will receive a full refund of all amounts paid. If we fail to comply with this contract for any reason, liability is limited to the total amounts paid.

Additionally, session start times on our calendar and in your confirmation email and/or any other correspondence MAY be adjusted if a scheduling conflict occurs. Usually this adjustment is 1 hour or less, and we will do our best to accommodate your scheduling needs as well.

COMMERCIAL & CONTEST USE

Photography sessions are conducted for client's personal use. Commercial use of images is strictly prohibited unless the Photographer gives written authorization. Images may not be entered into any contest submission without prior written authorization.

USE OF PHOTOGRAPHY FOR PROMOTIONAL PURPOSES

If you DO NOT want your photographs used for promotional purposes, we will be happy to honor your request; however, it is your responsibility to complete the form HERE before your session or during the time period that your proofs are originally posted, or your pictures may be posted. Please understand that if receive your request after your images have been posted, we will still honor your request whenever possible. However, your photographs may have already been used for promotional purposes, and if we are able to remove the images, there may be significant delays to do so, and your assistance may be required in this process. Requests made another way and verbal requests will not be accepted.

COPYRIGHT & OWNERSHIP In accordance with the United States Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. Unless the Photographer gives written authorization, the Client is forbidden by law to make prints, reprints, copies, or digital duplications of any images created by the photographer.

Reproduction rights (if and when granted) are strictly limited to the uses specified in the Photographer's Terms & Conditions or in writing by the Photographer. Any license is granted to the Client only upon payment in full of the amount due pursuant to the Photographer's payment terms.

Client may never purchase the copyright of images created by the Photographer.

In instances where the Client requests copies of images that the Client has supplied from another photographer, all work is undertaken on the assumption that the Client has obtained written permission from the copyright holder for copies to be made. The Photographer may contact the copyright holder to confirm that authorization to copy the images has been given. The Client agrees to fully indemnify the Photographer for claims or damages or any costs arising from claims for copyright infringement made by a third party. Client grants to Sugar & Spice Photography, its assignees, licensees, legal representatives and transferees ["Sugar and Spice Photography, LLC"] the right to use Client's name and likeness for promotional purposes of Sugar & Spice Photography. Client irrevocably authorizes Sugar & Spice Photography to use and publish photographs, pictures, portraits or images in which the Client appears ["Photographs"] in any form, media and manner, including, but not limited to, composite images or distorted representations, for the purposes of publicity, illustration, commercial art, advertising, and publishing (including publishing in electronic form-which may include websites, blogs and social media such as: Facebook, Instagram and Twitter) for lawful uses as may be determined by Sugar & Spice Photography. Client waives all rights to review or approve any uses of the Photographs unless Client declines with written notification which is received prior to Client’s session.

YOU MAY NOT COPY, SCREEN-GRAB, DOWNLOAD, REDISTRIBUTE, TRANSMIT, PUBLISH, STORE, REPRODUCE, ALTER, PRINT, SCAN, POST OR OTHERWISE USE THE PHOTOGRAPHS IN ANY WAY, AT ANY TIME OR ON ANY WEBSITE OR PHOTO SHARING SITE WITHOUT WRITTEN PERMISSION BY SUGAR & SPICE PHOTOGRAPHY, LLC. IT IS ILLEGAL AND PUNISHABLE BY LAW. The law states, as authors of the images, Sugar & Spice Photography is the owner of the copyright of the images. Sugar & Spice Photography, LLC vigorously protects copyright interests. In the event an infringement is discovered, you will be notified and invoiced at the minimum ten times the standard fee for unauthorized usage and/or prosecuted for Copyright Infringement in US Federal Court.

Important Note: After the session proofing and ordering process, photos are stored indefinitely on hard drives at a personal home. Our products are not printed in-house. We out-source to various professional printing companies, such as White House Custom Color. By booking a session with us, you are agreeing to our Terms & Conditions, and understand and accept our printing and storage procedures. Should privacy be a concern to you, we are happy to talk with you about options.

Prohibited Products or Services

Sugar and Spice Photography's services or products may not be used in relation to any of the following:

• Adult goods

• Fetish products

• Pornographic content: books, magazines, audio, videos, websites, streaming services and other content formats deemed offensive or of a sexual nature

• Entertainment: Gentleman's clubs, topless bars, strip clubs, sexually oriented massage parlors, saunas, escort agencies, or any sexually-related services

• Sexually oriented dating services

Proofs will be delivered in approximately (1) one to (4) four weeks from your session date. You will receive an email with a link and password to your private online portfolio. Due to online storage limitations, your portfolio is live on our proofing site for 14 days (mini sessions are live on our site for 7 days). Your portfolio’s expiration date is based on the date the proofing email was sent. It is your responsibility to schedule time to accommodate proofing from your session. We work hard to deliver on time and expect our clients to order in a timely fashion, but cannot guarantee when proofs will be delivered. However, we keep portfolios indefinitely. Should you choose to order at a later date or place another order, your portfolio will be re-activated for a period of (7) seven days, for a small fee.

No retouching is applied to proofs. Images included in your online portfolio are for selection purposes only and may show different options for cropping and coloring. We do offer a complimentary "teaser" image which you may order. This image will be retouched and placed in an “Teaser” album in your online portfolio. Teaser images are provided to demonstrate the outcome of images selected for purchase. You will need to trust our talent and vision to produce the same outcome on images selected for purchase. Other than the teaser pictures, retouching will only be applied to images purchased. Basic retouching is included in the cost of products.

Images in your online portfolio are for selection purposes only! Any reproduction or screen grab downloads are a direct violation of Sugar & Spice Photography’s policy and a violation of artist copyright and client contract! In other words, it is stealing, is illegal (and not very nice)! All violations will be prosecuted to the full extent of the law.

In layman's terms: you may not copy images from your viewing gallery. You may not scan prints and post the copies online. If you want digital images to post online, you must purchase them. We police all online usage of our work and will prosecute all violations of policy. YOU MAY NOT COPY, SCREEN-GRAB, DOWNLOAD, REDISTRIBUTE, TRANSMIT, PUBLISH, STORE, REPRODUCE, ALTER, PRINT, SCAN, POST OR OTHERWISE USE THE PHOTOGRAPHS IN ANY WAY, AT ANY TIME OR ON ANY WEBSITE OR PHOTO SHARING SITE WITHOUT WRITTEN PERMISSION BY SUGAR & SPICE PHOTOGRAPHY, LLC.

Policies on Order Satisfaction, Retouching & Design Information can be found HERE.

Sessions do not include products (unless indicated in the description).

We require full payment of the total product order cost before we will add your order to our order queue or begin any work on the ordered images or product. If there is an additional balance, the total balance due must be paid in full prior to shipment.

If you submit and pay for a product order, but have an outstanding session balance, any monies paid will be applied to the outstanding balance first.

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

Please review our Return Policy posted on the Services prior to making any purchases.

ORDER REPLACEMENTS

You may expect the quality of product of the sample products available for viewing in our studio. All sales are final and there are no refunds. Dissatisfaction with product may be open to negotiation for replacement if client covers all costs for reproduction, lab and shipping.

Should order need to be replaced due to damage in shipping or due to an error made by Sugar & Spice Photography or the processing company, you will receive a replacement product at no cost to you. We reserve the right to refuse additional services to anyone. We accept replacement orders within 14 calendar days after delivery of the product. Products must be in "new, unaltered and unused condition". Definition of new, unaltered and unused condition is: -without showing signs of use or damage in any way -within 14 calendar days of the delivery date (after 14 days, no returns are allowed)

Replacement orders are contingent upon inspection of the product(s) once we receive it. Again, you MUST contact us within 14 days if you intend to return ANY item back to us. Items returned to us AFTER 14 days and WITHOUT contacting us will NOT be eligible for replacement.

Replacement Instructions: 1. Contact us HERE for a replacement code. 2. Return the original order in "new, unaltered and unused condition" WITHIN 14 DAYS. 3. Please include clear notes, (post-it notes inside the book or other product noting the change(s) that need to be made) or any other notations necessary, with the original order. 4. Include the original sales receipt along with the replacement code.

5. Send original product back to us with DELIVERY CONFIRMATION, so we have the ability to track the package.

DELIVERY SHORTAGES, LOSS & DAMAGE IN TRANSIT

Claims for damage, non-delivery, or shortages will not be considered unless notified in writing within seven days of delivery.

The Photographer will make reasonable efforts to ensure that items delivered by a third party are suitably packaged for transit. The Photographer cannot accept liability for loss or damage caused by a third party. For valuable items, the Client should take out suitable insurance cover. Upon written request, the Photographer will provide suitable loss/damage cover for an additional charge. Clients who choose to have items returned to them without loss/damage cover do so at their own risk.

IMAGES/DATA SUPPLIED IN ELECTRONIC FORMAT

For all images/data supplied to the Client in electronic format (including, but not limited to, electronic mail, CDs/DVDs, etc.), the Photographer will endeavor to ensure that the data sent is not corrupt and is virus free. The Photographer cannot be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Client's computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free.

Sugar and Spice Photography holds your satisfaction as our top priority. If at any time during your communication with our staff, your treatment by any members of our team or any service follow-up you have a question, issue or concern, we want to do everything possible to answer your questions or address your issues and concerns.

If you are not satisfied with your photoshoot experience or resulting photographs, at Sugar and Spice Photograph's discretion, you agree to come back to the studio for a re-shoot (as refunds are not offered).

We also take pride in Sugar & Spice Photography’s reputation for excellence and our great standing in our community and we are committed to earning this positive reputation and maintaining that standard each and every day. As we agree to work as hard as can to meet your satisfaction, we ask that you agree to report any question, issue or concern you have related in any way to us HERE and further agree to the following process (“Client Satisfaction Procedures”) prior to any disclosure to third parties.

CLIENT SATISFACTION PROCEDURES

First, you agree to provide Sugar & Spice Photography 30 days from the time you provide notice of your concern to respond. Secondly, you agree to share concerns or complaints to Sugar & Spice Photography prior to posting them on social media, including Facebook, Twitter, Instagram, YouTube, Yelp, Google, blogs and/or other social media. Third, Sugar & Spice Photography is a proud member of the Better Business Bureau. You agree to utilize them as a resource for a determination regarding your concern if it cannot be resolved otherwise. Fourth, if you believe your concern remains inadequately addressed after these time periods and processes, you agree to provide Sugar & Spice Photography with a written copy of any communication you plan to disseminate regarding any unresolved issue prior to doing so. You further agree that a failure to follow the above policy may entitle Sugar & Spice Photography to equitable relief. Finally, you acknowledge that you have had an opportunity to review this agreement, and that by booking a session with Sugar & Spice Photography, you are agreeing to these Client Satisfaction Procedures. This agreement shall be valid and enforceable for five years from Sugar & Spice Photography's last date of service to you. Sugar & Spice Photography reserves the right to modify this or any of the policies without notice.

Confidentiality The Photographer acknowledges that in the performance of the photographic services, she may receive information from the Client that is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to make best efforts to keep this information confidential except as required by law.

Prices & Terms a. All prices shown within the Photographer's price list are subject to change without prior notice. b. The Photographer reserves the right to amend these Terms and Conditions without prior notice. For shoots, you will be charged the posted pricing at the time of booking. For product, you will be charged the posted pricing at the time we receive your order and payment in full.

Typographical Errors In the event that a Sugar and Spice Photography, LLC product is mistakenly listed at an incorrect price, or if a price is listed incorrectly on an order, Sugar and Spice Photography, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Sugar and Spice Photography, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sugar and Spice Photography, LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Client (I, you, Client's Guests)

Conduct The Client shall be responsible for the behavior of Client during portraiture session. The Photographer reserves the right to terminate the portraiture session without notice if she deems the Client's behavior to be unruly or unsafe. In such instances, the Photographer reserves the right to retain the full session fee. The Client will reimburse the Photographer or her agents for any loss/damage caused to property or equipment.

Clients are responsible for their conduct at all times. Any breakage or damage to equipment or studio contents are the sole financial responsibility of Clients. Clients agree to hold Sugar & Spice Photography and its agents harmless for any injuries or damages sustained preceding, during, and immediately following a session. In the event the Client’s behavior becomes abusive to us, Client will be asked to leave, session canceled and all payments forfeited to Sugar & Spice Photography.

Waiver of Liability, Assumption of Risk, and Indemnity Agreement

Waiver In consideration of permission to use, for the duration of the portrait session, the property, facilities, staff, equipment and services of Sugar & Spice Photography, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue Sugar & Spice Photography, its directors, officers, employees, and agents from liability from any and all claims including the negligence of Sugar & Spice Photography resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises, or equipment. I acknowledge, agree and represent that I understand the nature of The Activity and that I am qualified, in good health and in proper physical condition to participate in such Activity. I further agree and warrant that if any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.

Assumption of Risks This use of Sugar & Spice Photography’s property, facilities, staff, equipment, and/or services carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. have read the previous paragraphs and I know, understand, and appreciate that risks may occur in the activities made possible by Sugar & Spice Photography. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.

Indemnification and Hold Harmless Client also agrees to INDEMNIFY AND HOLD Sugar & Spice Photography, HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including legal fees brought as a result of my involvement in a portrait session with Sugar & Spice Photography, and to reimburse them for any such expenses incurred. You agree to indemnify, defend, and hold harmless Sugar and Spice Photography, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Severability The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Acknowledgment of Understanding Client agrees that they have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue Sugar & Spice Photography. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

By booking a session or purchasing products with Sugar & Spice Photography, you are agreeing to these terms and conditions, and you represent that you are of legal age in the state in which this limited consent and release form is executed. You agree that you have read it completely and understand it, and that you are bound, as is anyone who succeeds to your responsibilities and rights, as your heirs or assigns.

Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Sugar and Spice Photography, LLC. The collective work includes works that are licensed to Sugar and Spice Photography, LLC. Copyright 2012, Sugar and Spice Photography, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Sugar and Spice Photography, LLC or purchasing Sugar and Spice Photography, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Sugar and Spice Photography, LLC or to purchase Sugar and Spice Photography, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Sugar and Spice Photography, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks All trademarks, service marks and trade names of Sugar and Spice Photography, LLC used in the site are trademarks or registered trademarks of Sugar and Spice Photography, LLC

Notice Sugar and Spice Photography, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Sugar and Spice Photography, LLC. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Sugar and Spice Photography, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer Sugar and Spice Photography, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Sugar and Spice Photography, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Sugar and Spice Photography, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Sugar and Spice Photography, LLC in its sole discretion.

Third-Party Links In an attempt to provide increased value to our visitors, Sugar and Spice Photography, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Sugar and Spice Photography, LLC, Sugar and Spice Photography, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Sugar and Spice Photography, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Sugar and Spice Photography, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Good for in-studio session only. Not valid for Saturday appointments. Only one promotion may be used per visit and full face value must be used at the time of visit. Cannot be combines with any other offers or certificates. Not valid toward product purchase or previously booked sessions. Session must be completed during the timeframe specified. There are no refunds, and promotional value expires March 31, 2025. The non-refundable deposit is good for one year from date of deposit and may be applied toward any regular priced session after promotional value expires. Returning Client Discount does not apply.

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

Our intellectual property We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only. Your use of our Services Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

• access the Services; and

• download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: email@sugarandspicephotography.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. Your submissions Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

• confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;

• warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and

• warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

• Use any information obtained from the Services in order to harass, abuse, or harm another person.

• Make improper use of our support services or submit false reports of abuse or misconduct.

• Use the Services in a manner inconsistent with any applicable laws or regulations.

• Engage in unauthorized framing of or linking to the Services.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

• Delete the copyright or other proprietary rights notice from any Content.

• Attempt to impersonate another user or person or use the username of another user.

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

• Use a buying agent or purchasing agent to make purchases on the Services.

• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

• Use the Services to advertise or offer to sell goods and services.

• Sell or otherwise transfer your profile.

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

• Your Contributions are not false, inaccurate, or misleading.

• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

• Your Contributions do not violate any applicable law, regulation, or rule.

• Your Contributions do not violate the privacy or publicity rights of any third party.

• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Minnesota applicable to agreements made and to be entirely performed within the State of Minnesota, without regard to its conflict of law principles.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States, Minnesota. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States, Minnesota, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Sugar and Spice Photography, LLC

11221 River Road NE

Hanover, MN 55341

United States

Phone: 6124248530

email@sugarandspicephotography.com