Terms and Conditions

WILD ARTISTRY PHOTOGRAPHY TERMS OF SERVICE

 

Please read these Terms of Service carefully before making a purchase from Wild Artistry, LLC. These terms and conditions (the “Wild Artistry Terms of Service” or “Terms of Service”) govern the relationship between Wild Artistry, LLC. (also referred to as “Wild Artistry Photography” or “Wild Artistry”) and all customers of their services (hereby referred to as the “Client”).

 

ACCEPTANCE OF TERMS

By booking a service from Wild Artistry, LLC., the Client agrees to and is bound by the terms of service set forth below and in any modified or additional terms that Wild Artistry Photography may publish from time to time (collectively, the “Wild Artistry Terms of Service” or “Terms of Service”). If the Client does not agree to all of the terms contained in the Terms of Service, they should not access or use the Wild Artistry Photography owned website wildartistryco.com (“website”) or book a service with Wild Artistry Photography.

 

Wild Artistry Photography may change these Terms of Service on occasion at the discretion of the officers of Wild Artistry Photography. The Client’s continued access or use of the services constitutes their acceptance of such changes. The Client’s use of services will be subject to the current version of the Terms of Services posted on the website at the time of such use. Please regularly check the “Terms and Conditions” link listed on the footer of each service page of wildartistryco.com to view the then-current terms. If the Client breaches any of the Terms of Service, their relationship with Wild Artistry Photography will terminate.

 

COPYRIGHT

Under U.S. law, the Copyright Act of 1976 grants exclusive rights to any images and digital photographic files taken for Wild Artistry Photography to the company, Wild Artistry Photography. This grants Wild Artistry the ability to reproduce any photograph, derive future works from any photograph, distribute photographic copy for public sale or transfer of ownership, or by rental, lease, or lending, as well as display the photograph publicly. This includes photos taken during any Wild Artistry events, sessions, or private bookings. 

 

Upon receiving digital files (unedited or edited) the Client (which includes anyone involved or featured as a subject of a Wild Artistry photoshoot session, regardless of who made the booking) is granted permission for personal use, but not commercial use. Personal use includes making prints, posting on a website, or posting on social media. Wild Artistry does not permit images taken by any Wild Artistry event-contracted photographer to be shared with other photography studios, freelance individuals, and/or editing professionals—for altercation, reproduction, or resale—to guarantee protection of the authenticity of the art. 

 

The Client may not transfer or sell usage agreement to any other parties, and only the Client has permission to use the images. Wild Artistry images and digital photo files cannot be manipulated significantly (any editing that would change the artistic style of the photograph). The Client is not permitted to sell Wild Artistry prints, digital files, or images, nor send files or photos to other websites, magazines, or vendors without distinct and prior permission from Wild Artistry.

 

PAYMENT

PACKAGES

The Client must provide full payment of the chosen listed package for the specific chosen event and/or private session (hereby referred to as “package payment”) to secure their photoshoot session with Wild Artistry.

 

A package payment is non-refundable. Upon payment of the necessary rescheduling fee, a package payment is generally creditable, within the parameters outlined in the following Refund/Cancellation/Reschedule Policy section.

 

ADD-ONS 

Add-Ons must be paid for in full via PayPal, credit or debit card, cash, or cash payment app to Wild Artistry, either at the time of booking, or on the day of the event, depending on the specific add-on’s given conditions. Add-Ons are non-refundable, unless otherwise discussed or offered by a Wild Artistry team member. 

 

In the case of Makeup/Hair services, the Client must pay a $5 non-refundable deposit either at the time of booking, or at a time prior to the photoshoot date via external link, to reserve a makeup artist (hereby referred to as “MUA”) and makeup/hair session for their upcoming photoshoot. If multiple people in one booking group intend on receiving makeup services, each person must pay the $5 reservation deposit to ensure an additional MUA is available for the Client’s time slot. If these conditions are not met, Wild Artistry cannot guarantee the availability of MUAs for an event. 

 

On the day of the photoshoot, the price listed next to the desired service (on the event booking page or provided external link) must be paid directly to the artist on the day of the photoshoot. Aside from the online, pre-paid deposit, all makeup and hair services must be paid directly to the MUA on the day of the event through the artist’s preferred method of payment (typically via cash, card, or cash payment app, such as Venmo, Cashapp, or PayPal).

 

Certain add-ons, such as Makeup/Hair, are only available for select events. Availability of specific add-ons are typically listed in the specific photoshoot event description. In rare occasions, Makeup/Hair services will not be available, despite the event description’s inclusion of this add-on. In these circumstances, Wild Artistry will notify the Client in advance of the unavailability of these services. The unavailability of Makeup/Hair services, or the similar unavailability of another add-on, does not warrant a refund of the purchased event. However, if a $5 deposit was made to reserve an MUA at a Client’s upcoming event, the $5 deposit will be refunded in full to that Client. 

 

If receiving Makeup/Hair services, the Client must arrive at the designated photoshoot location an hour and a half prior to the Client’s selected shoot time to ensure completion of these services, unless otherwise discussed with a Wild Artistry administrative team member. 

 

All issues or concerns with the MUAs or the work delivered must be addressed with the artists directly. MUAs are not employed by Wild Artistry. By choosing to work with one of the MUAs contracted for a Wild Artistry shoot, the Client acknowledges that Wild Artistry does not assume responsibility for the quality, ability, nor final product of the makeup/hair. Though contracted MUAs are chosen based on skill and experience, Wild Artistry is not responsible if a Client is unhappy or unsatisfied with the appearance of their makeup in the final edited photo files. Wild Artistry is not required to digitally edit nor repair flaws in a Client’s makeup via Photoshop. 

 

Titles to all goods (photography sessions/events, photos/digital files, add-ons, etc.) remain in the possession of Wild Artistry until paid for in full by the Client.

 

DIGITAL PHOTO FILES

All digital photo files (hereby referred to as “photo files”) remain the intellectual property of Wild Artistry Photography. All event photo packages include a copy of the Edited photo files—the amount of photos will vary depending on the selected package—and these edited photo files will be sent to the Client for their own non-commercial use.

 

Should the photo files be lost, damaged, or destroyed for any reason prior to the Client’s receiving of the photo files, the company liability shall be limited to a full refund of event package payments made, but shall not include a refund of any goods (add-ons, etc.) already received.

 

Once the Client receives the photo files through their respective Pixieset link, they are held responsible for the immediate download and preservation of the provided photo files. The link provided with the Client’s photo files, and the guaranteed preservation of photo files on company computers, will remain available for 30 days following distribution. After this period, the photo files will be deleted from all systems and assumed unrecoverable.

 

REFUND/CANCELLATION/RESCHEDULE POLICY

Wild Artistry does not provide payment refunds, with the exception of  1.) an event cancellation through the company 2.) an extenuating circumstance under the company’s discretion 3.) the Client cancels within 48 hours of booking. These circumstances are described below. 

 

1. In the event of cancellation by Wild Artistry Photography due to emergency circumstances, inclement weather, or total photographic failure, liability shall be limited to a full refund of any fees paid or a free reschedule to one future session. The Client will be contacted through email with the stated options under these circumstances. 

 

2. In the event that Wild Artistry deems a situation an “extenuating circumstance” for cancellation, Wild Artistry reserves the right to reschedule the Client with a $75 reschedule fee, or without any reschedule fee as deemed necessary. Examples of such circumstances can include, but are not limited to, bodily harm or injury, death, crisis, or a COVID-19 diagnosis with proof of direct exposure through a positive COVID-19 test dated within 48 hours of their photoshoot date (prior to the date, or directly following the date). 

 

3. In the event that a Client completes cancellation within 48 hours of booking, the Client will receive a partially refunded payment, with the subtraction of a $25 service fee. The Client will be fully refunded the remainder of their payment after this fee is deducted. This fee accounts for transaction costs, as well as administrative costs that were incurred immediately upon booking. In these circumstances, the Client may also choose to reschedule their session to another date or event with no reschedule fee. This 48 hour window may be extended under Wild Artistry’s discretion.

 

MINI PHOTOSHOOT EVENTS

In all other circumstances aside from the ones described above, from the date of booking until eight days prior to the selected event, the original payment will be credited towards another future event upon payment of the $30 reschedule fee, paid in full prior to re-booking the session. If the Client cancels within 1 week of the event, there will be an increased reschedule fee of $50. If the Client cancels within 48 hours of the event, the event is non-creditable. 

 

Event payments are creditable under these circumstances, but are otherwise non-refundable and non-creditable. When a Client books a shoot/session/event, they are automatically agreeing to this policy. 

 

Each event is offered on a specific date outlined on the Wild Artistry website. It is the Client’s responsibility to ensure the possibility of attendance on the date of the desired event prior to booking confirmation. If the Client selects an erroneous event date, it may not be possible to accommodate the Client or reschedule the session to his/her desired event date, though attempts will be made to reschedule the Client when possible. 

 

PRIVATE/CUSTOM PHOTOSHOOT EVENTS

In all other circumstances aside from the ones described above, from the date of booking until eight days prior to the selected event, the original payment will be credited for another future event upon payment of the $30 reschedule fee, paid in full prior to re-booking the session. If the Client cancels within 1 week of the event, there will be an increased reschedule fee of $50. If the Client cancels within 48 hours of the event, there will be an increased reschedule fee of $75.

 

Private photoshoot payments are creditable under these circumstances, but are otherwise non-refundable and non-creditable. By reserving a private session with Wild Artistry, the Client is making a commitment and a promise to the artists. This date is reserved solely for the Client. When a Client books a shoot/session/event, they are automatically agreeing to this policy. 

 

DOWNLOADED PHOTO FILES 

Photo files (whether Unedited or Edited) that have been downloaded by the Client will not be eligible for any potential refund.

 

Pixieset indicates when photo files have been downloaded by the Client. When a Client proceeds to download their photo files, this confirms the satisfaction and acceptance of either their Unedited Photos (the photographer’s work) or their Edited Photos (the final product after shooting and editing). 

 

After photo files have been downloaded by the Client, there is no further eligibility or grounds for refund. Wild Artistry advises that the Client carefully review their photos via Pixieset before choosing to download any photo file. This ensures the Client is satisfied with their shoot, or their Final Edited Photos. Wild Artistry is not responsible for a Client’s decision to prematurely download any photo files before careful, detailed review via Pixieset. 

 

EVENT DAYS

PHOTOGRAPHERS & PHOTO CONDITIONS

The designated photographer contracted for the booked session will be the sole professional photographer at the specified venue. Photographs captured during the course of the event/private session will be at the creative discretion of the photographer. Photographers will attempt to comply with the Client’s specific needs and requests, but cannot guarantee every request will be met.  

 

Due to varying weather conditions, lighting conditions, digital sensor limitations, and other uncontrolled factors that may arise on the day of the shoot, colors may appear altered, and style may differ throughout a photography session. Similarly, colors and style are not guaranteed to be comprehensively consistent with event cover photos or other Wild Artistry event advertisements, though the photographer and photo editors will attempt to produce photos consistent with advertised event photos. 

 

Unless a specific photographer is inquired about and stated to be contracted for a specific event, the photographer on the day of the event may vary. 

 

Wild Artistry will provide the photographer’s contact information one week prior to the photoshoot date, to be used for contacting the photographer on the day of the event should any location concerns arise. 

 

COSTUMING LIABILITY 

For events providing partial costuming, accessories, or handmade headpieces for session use, the Client will be held financially responsible for any major damages or destruction to these items. If the Client leaves the item(s) in unusable conditions for future use, the Client will be held accountable, and immediate payment for the item(s) will be required by the Client. The price of the item(s) will be determined by Wild Artistry, contingent upon raw material costs and duration/effort necessary for item construction. These prices will be discussed prior to the use of the materials upon the Client’s request for said prices.

 

For events or sessions that do not provide outfits, accessories, or costumes, Wild Artistry will not be held responsible for costs associated with item(s) purchased by the Client for these sessions or events. 

 

Provided costuming and accessories will vary based on location, availability, and specific photoshoot theme. Wild Artistry does not guarantee availability of specific pieces or outfits, regardless of cover photos or advertisements. It is the Client’s responsibility to inquire about costume/accessory availability prior to their upcoming shoot if they are seeking a specific piece. 

 

Outfit changes are not recommended, and will detract from the Client’s allotted 25-30 minute photoshoot time slot. If a Client chooses to change outfits, or requests costuming/makeup touch-ups, these alterations must also take place within the Client’s allotted time slot. The Client will not be awarded additional time, regardless of costuming malfunctions/alterations, or the decision to change outfits mid-shoot. 

 

TIME SLOTS & WEATHER

Every Client will receive a 25-30 minute photography shoot time slot for events, based on the allotted time for shooting and costuming, with the exception of Private Sessions (with a general 1-hour duration, depending on the predetermined price and booking agreement). 

 

The Client must arrive at the specified time in the provided information messages regarding their event and their time slot, depending on the necessity for add-ons and parking availability for certain locations. Generally, with no add-ons, the Client must arrive at a minimum of 15 minutes prior to their scheduled shoot time to ensure parking does not present an issue, and the Client properly locates the shoot.   

 

If the Client arrives late or at a different time than their specified time slot, the Client is not guaranteed their full photoshoot time.

 

If rain or inclement weather presents an issue during an outdoor event, the photoshoot session may be paused briefly as weather conditions are monitored. The shoot will continue if conditions are deemed acceptable, with no risk of equipment damage, nor Client or photographer endangerment due to thunder, lightning, heavy rain, or wind. The photo quality will also be considered when making decisions regarding moving forward with an event after a weather pause. 

 

Refunds will not be provided for a Client claiming the weather is/was unfavorable for the shoot (including, but not limited to, coldness, brightness, or overcast weather). It is the Client’s responsibility to check the weather before making the decision to book. 

 

LOCATION

The provided photoshoot location may be held within a major city, or listed under the “umbrella” of a major city, even if the photoshoot takes place in a nearby location outside of that city. Regardless of the listed umbrella city, the precise photoshoot location is permitted to be held in a smaller subset of the surrounding area (within 1 hour’s typical drive from the city center). Precise location is provided the Monday before the photoshoot. It is the Client’s responsibility to inquire about specific location details if needed sooner than the specified date.

 

Photoshoots may take place at either an indoor or outdoor location, depending on the specific photoshoot theme and Wild Artistry’s artistic discretion. Though typically specified in the outlined photoshoot event description, it is up to the photographer and the Wild Artistry administrative staff’s professional discretion to make the final decision. 

 

Photoshoot facilities may vary based on location, availability, and photoshoot theme suitability. Wild Artistry guarantees a viable photoshoot location, but does not guarantee bathroom facilities, changing rooms, wash-off centers, or specific indoor amenities. Aesthetic appearance (tropical, desert, rural, etc.) will vary based on state and location, and may not match specific advertised cover photos. Wild Artistry guarantees a professional photographer and signature editing style to match advertised photos as closely as possible, but background and location space may vary based on location. 

 

PERSONAL ACCIDENTS

Any instruction or direction given to the Client during a shoot is to be taken at the Client’s own risk and responsibility. Wild Artistry is not responsible for any personal accident, injury, or sickness occurring during a photoshoot. This includes any occurrence at a photoshoot location, as a result of photographer direction or admin/staff advice, costuming or prop interference, COVID-19 or other illness, or transportation to/from a photoshoot location. If the shoot involves live animals, the Client assumes all responsibility not covered by Wild Artistry’s animal liability insurance for any injury or accident associated with interaction with the live animal. 

 

MINORS

No minor should be left unattended during a Wild Artistry photoshoot—children are the sole responsibility of the respective parent or guardian attending the shoot. Minors are not the responsibility of any Wild Artistry photographer or staff member, and any injury or accident that might occur is the sole responsibility of the minor’s parent or guardian. Wild Artistry is not responsible for any accidents or injuries that might occur if a child is left unattended or unmonitored, or in any circumstance that might occur while the minor is participating in a photoshoot in any capacity.

 

DELIVERY

On the Monday following a Client’s shoot, the Client will receive a message containing any necessary follow-up information, along with the anticipated delivery dates for the photo files. 

 

If the Client selects the Unedited Photos Power Package add-on, the Client will receive all Unedited photo files within 7-10 days following the shoot. The Client will then be responsible for selecting their favorite photos by a specified date for the contracted editors to work on and complete before their respective deadlines. Once the Client selects their photos, the selection is permanently submitted and cannot be changed.

 

The Edited photo files take approximately 21 days to complete and deliver to the Client following their shoot. If the Client selects their photos after their given photo selection deadline, the completed (Edited) photo files are not guaranteed by this original delivery deadline. 

 

Wild Artistry typically delivers photo files in JPG file format, but does not guarantee Final Edited Photo Files in any particular file format. Wild Artistry will not provide RAW files. 

 

If the Client is unsatisfied with any image edits and desires revisions, it is the Client’s responsibility to contact Wild Artistry immediately via email. The notice of dissatisfaction and desired revision must be made within 7 days of receiving the Final Edited Photo Files, or revisions may not be possible. Wild Artistry is not, however, required to accept photo revision requests, regardless of if the requests are made within this period. Editors may accept and complete revisions under situational discretion. If the editors do decide to revise photo files, they will not complete more than 3 revisions on any particular photo set. 

 

ARTISTIC DISCLAIMER

Every photoshoot is a unique experience. The Wild Artistry website and social media accounts feature examples of the art, design, shooting style, and editing ability possible and previously created by Wild Artistry. However, Wild Artistry cannot guarantee exact replication or imitation of any former art pieces or advertised photos. Each location, set of props, costuming and design, live animal, and editing style is specific to its particular shoot. All questions regarding a photoshoot’s specific details must be requested by the Client. 

 

Each photo is an entirely unique work of art. Wild Artistry does not mass produce exact replications of any one picture. By booking with Wild Artistry, the Client is acknowledging their understanding and openness to the uniqueness and individuality of their experience, and is accepting of any differences in aesthetic or final product. If a Client desires a similar aesthetic or style to a past work, it is the Client’s responsibility to respectfully make the photographer and admin aware of the specific pieces they are hoping to emulate.

 

If a Client does not inquire about editing requests via email (or Pixieset, if the Client bought the Unedited Photos Power Package add-on), they are granting Wild Artistry full artistic freedom when editing their photo files. Though photographers are excellent resources for posing and framing considerations for future editing, discussions held with photographers are not considered formal editing requests. Specific requests must be discussed with Wild Artistry admin in written form, such as email or Pixieset (if the Client bought the Unedited Photos Power Package). 

 

RIGHT TO REFUSE SERVICE

Wild Artistry reserves the right to refuse service to any potential or previous Client based on the company’s discretion, especially if a member of the administrative staff, a contracted photographer, MUA, or editor feels disrespected or unsafe in any capacity. Under Title VII of the Civil Rights Act of 1964, Wild Artistry does not discriminate on the basis of a Client’s status of their protected class. Wild Artistry does not discriminate or refuse service to any Client based on their race, color, national origin, sex (pregnancy, sexual orientation, or gender identity), or religion. 

 

EDITING REQUESTS

All editing requests are fulfilled or denied at the discretion of Wild Artistry. Unless distinctly discussed prior to booking, Wild Artistry reserves the right to decline any editing request for any reason seen fit. This includes any request deemed inappropriate, overly complex, or impossible to achieve. Wild Artistry reserves the right to charge additional costs for editing requests that are outside of what is distinctly described in the photoshoot description (and included in the purchased package). Editors will not complete body modification requests for subjects/Clients knowingly under the age of 18. Editors will typically not change, add, or subtract clothing items. 

 

SOCIAL MEDIA POSTING

By posting on one or more of the Wild Artistry social media channels, the Client acknowledges that their posts—and any ideas, concepts, or techniques contained within them—may be freely used by Wild Artistry in any way, and in any media outlet. This includes the use on other websites, social media pages, and business matters affiliated with Wild Artistry. Accordingly, a Client should not submit any ideas or materials they wish to keep confidential, or for which they expect to receive compensation.

 

In addition, when a Client posts on any of the Wild Artistry social media channels, their name, likeness, and social media handle will be visible and associated with their post. If Wild Artistry reuses a Client’s post elsewhere, the Client’s name, likeness, and handle may be displayed there as well.

 

SEVERABILITY

If any term, covenant, condition, or provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability, and all other provisions will remain in full force and effect. To the extent permitted and possible, the invalid or unenforceable provision will be deemed “replaced” by a provision that is valid and enforceable, and that comes closest to expressing the intention of such invalid or unenforceable provision.

 

GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the State of Florida.

 

FLORIDA LAW AND JURISDICTION

It is acknowledged that this Agreement shall be construed and governed in accordance with the laws of the State of Florida and the rules, orders, and regulations of the Office in effect at the time of the execution of this Agreement. In the event of any conflict between such laws, rules, orders and regulations and Subsection 627.351(6), the provisions of that Subsection govern, If any legal action is filed pursuant to this agreement such action must be filed in a court of competent jurisdiction in Pinellas County, Florida.

 

 

Upon booking or placing an order, this acknowledges that you have read and understood the Wild Artistry Photography Terms of Service in its entirety and agree to abide by it as it is listed above.

 

 

 

WILD ARTISTRY PHOTOGRAPHY TERMS OF USE

 

Please read these Terms of Use carefully before accessing or using wildartistryco.com and the product delivery services made available by Wild Artistry, LLC. or its affiliates (individually and collectively, the “Wild Artistry Site” or “Site”). These terms and conditions (the “Wild Artistry Terms of Use” or “Terms of Use”) govern the use of wildartistryco.com, and pertains to anyone accessing or using the Site (hereby referred to as the “Client”). This Site is owned and operated by Wild Artistry, LLC. (also referred to as “Wild Artistry Photography” or “Wild Artistry”). This Site is generally defined as an e-commerce website.

 

ACCEPTANCE OF TERMS

By using this Site, the Client agrees to and is bound by the terms of use set forth below and in any modified or additional terms that Wild Artistry Photography may publish from time to time  (collectively, the “Wild Artistry Terms of Use” or “Terms of Use”). If the Client does not agree to all of the terms contained in the Terms of Use, they should not access or use this Site. With each visit to the Site, the Client signifies their agreement to these Terms.

 

Wild Artistry Photography may change these Terms of Use on occasion at the discretion of the officers of Wild Artistry Photography. The Client’s continued access or use of the Site constitutes their acceptance of such changes. The Client’s access and use of the Site will be subject to the current version of the Terms of Use posted on the Site at the time of such use. Please regularly check the “Terms and Conditions” link listed on the footer of each service page of wildartistryco.com to view the then-current terms. If the Client breaches any of the Terms of Use, their relationship with Wild Artistry Photography will terminate.

 

By using this Site, the Client indicates that they have read and understood these Terms of Use and agree to abide by them at all times.

 

INTELLECTUAL PROPERTY

All content published and made available on the Site is the property of Wild Artistry. This includes, but is not limited to, images, text, logos, documents, downloadable files, and anything that contributes to the composition of the Site.

 

AGE RESTRICTIONS

The minimum age to access the Site is 18 years old. By using this Site, the Client agrees that they are at least 18 years of age or older. Wild Artistry does not assume any legal responsibility for false statements or acknowledgements regarding age. 

 

SALE OF SERVICES

These Terms of Use govern the sale of services available on the Site.

 

The following services are available on the Site:

 

  • Photography
  • Photo editing 
  • Hair and makeup 
  • Photoshoot wardrobe consulting
  • Marketing consulting 

 

The services will be paid for in full at the time the services are ordered (booked). These Terms of Use apply to all services displayed on the Site at the time of access. All information, descriptions, or images relating to Wild Artistry services are as accurate as possible. However, Wild Artistry is not legally bound by such information, descriptions, or images, and cannot guarantee indisputable accuracy of provided services. The Client agrees to purchase services from the Site at their own risk.

 

Wild Artistry reserves the right to modify, reject, or cancel the Client’s order at any time. If Wild Artistry cancels the order, but the payment has already been processed, a refund will be issued equal to the amount the Client paid. It is the Client’s responsibility to monitor their payment instrument to verify receipt of any refund.

 

PAYMENTS

Wild Artistry accepts the following payment methods on the Site:

 

  • Credit Card
  • Debit Card
  • PayPal

 

When the Client provides Wild Artistry with their payment information, this authorizes Wild Artistry to use and access the payment instrument the Client has chosen to use. By providing Wild Artistry with payment information, the Client authorizes Wild Artistry to charge the amount due to this payment instrument.

 

If Wild Artistry believes the Client’s payment has violated any law or these Terms of Use, Wild Artistry reserves the right to cancel or reverse the Client’s transaction.

 

CONSUMER PROTECTION LAW

Where any consumer protection legislation in the Client’s jurisdiction applies and cannot be excluded, these Terms of Use will not limit the Client’s legal rights and remedies under that legislation. These Terms of Use will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms of Use and that legislation, the mandatory provisions of the legislation will apply.

 

LIMITATION OF LIABILITY

Wild Artistry and its directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, or expenses, including legal fees, from the Client’s access or use of the Site.

 

WARRANTIES AND DISCLAIMERS

The Client’s use of the Site is at their own risk. The Site is provided by Wild Artistry under these Terms of Use “as is” without warranty of any kind, either express, implied, statutory, or otherwise. Wild Artistry expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Wild Artistry makes no warranty that: (1) the Site will meet the Client’s requirements; (2) access to the Site will be uninterrupted; (3) the quality of the Site will meet the Client’s expectations; and (4) any errors or defects in the site, services, or materials will be corrected. 

 

INDEMNITY

Except where prohibited by law, by using this Site, the Client indemnifies and holds harmless Wild Artistry and its directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses, including legal fees, arising out of the Client’s use of the Site, or their violation of these Terms of Use.

 

APPLICABLE LAW

These Terms of Use are governed by the laws of the State of Florida.

 

DISPUTE RESOLUTION

Subject to any exceptions specified in these Terms of Use, if the Client and Wild Artistry are unable to resolve any dispute through informal discussion, then the Client and Wild Artistry agree to submit the issue first before a non-binding mediator, and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both the Client and Wild Artistry. The costs of any mediation or arbitration will be paid by the unsuccessful party. Notwithstanding any other provision in these Terms of Use, the Client and Wild Artistry agree that both parties retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

 

SEVERABILITY

If at any time, any of the provisions set forth in these Terms of Use are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms of Use. All other provisions will not be affected by the removal, and the remaining provisions included in these Terms of Use will still be considered valid.

 

 

Upon accessing or using this Site, this acknowledges that you have read and understood the Wild Artistry Photography Terms of Use in its entirety and agree to abide by it as it is listed above.

 

 

 

WILD ARTISTRY PHOTOGRAPHY PRIVACY POLICY

 

Please read this Privacy Policy carefully before accessing or continuing use of the e-commerce website wildartistryco.com (the “Site”) or the services by Wild Artistry, LLC. This privacy policy (“Privacy Policy”) governs the relationship between Wild Artistry, LLC. (also referred to as “Wild Artistry Photography” or “Wild Artistry”) and all customers of their services and anyone accessing or using the Site (hereby referred to as the “Client”).

 

PURPOSE

The purpose of this privacy policy is to inform the Client of the following:

 

  1. The personal data Wild Artistry will collect
  2. The use of collected data
  3. Who has access to the data collected
  4. The rights of Site users

 

This Privacy Policy applies in addition to the Terms of Service and Terms of Use of the Site. This Privacy Statement describes how Wild Artistry Photography manages personal data and personal information, and respects the Client’s privacy. This policy may be amended at the discretion of the officers of Wild Artistry Photography. Wild Artistry encourages any visitors of the Site to regularly review the Privacy Policy.

 

CONSENT

By using the Site, the Client agrees that they consent to both:

  1. The conditions set out in this Privacy Policy
  2. The collection, use, and retention of the data listed in this Privacy Policy

 

PERSONAL DATA

Wild Artistry only collects data that aids in the achievement of the purpose set out in this Privacy Policy. Wild Artistry will not collect any additional data beyond the data listed below without first notifying the Client.

 

DATA COLLECTED AUTOMATICALLY

When the Client visits and uses the Site, Wild Artistry may automatically collect and store the following information:

 

  1. IP address
  2. Location
  3. Hardware and software details
  4. Clicked links
  5. Content viewed
  6. Services booked or ordered

 

DATA COLLECTED IN A NON-AUTOMATIC WAY

Wild Artistry may also collect the following data from the Client when certain functions are executed on the Site:

 

  1. First and last name
  2. Email address
  3. Phone number
  4. Address
  5. Payment information
  6. Autofill data

 

This data may be collected when the Client enters in their information on the “Billing Details” form upon purchasing a service.

 

HOW PERSONAL DATA IS USED

Data collected on the Site will only be used for the purposes specified in this Privacy Policy, or indicated on the relevant pages of the Site. Wild Artistry will not use a Client’s data beyond what is disclosed in this Privacy Policy.

 

The data collected automatically is used for the following purposes:

 

  1. Statistics and marketing

 

The data collected when the Client performs certain functions may be used for the following purposes:

  1. Communication with the Client
  2. Delivering the digital photo files purchased

 

WHO PERSONAL DATA IS SHARED WITH

EMPLOYEES

Wild Artistry  may disclose a Client’s data to any member of the company who reasonably requires access to user data to achieve the purposes set out in this Privacy Policy.

 

OTHER DISCLOSURES

Wild Artistry will not sell or share a Client’s data with other third parties, except in the following cases:

 

  1. If the law requires it
  2. If it is required for any legal proceeding
  3. To prove or protect Wild Artistry’s legal rights
  4. To buyers or potential buyers of the company in the event that the Wild Artistry owners seek to sell the company

 

If the Client follows hyperlinks from the Wild Artistry Site to another site, please note that Wild Artistry is not responsible for and has no control over those site’s respective privacy policies and practices.

 

HOW LONG PERSONAL DATA IS STORED

Client data may be stored for up to 4 years, though it is frequently disposed of upon the completion of service purposes. The Client will be notified if their data is kept for longer than this period.

 

HOW PERSONAL DATA IS PROTECTED

In order to protect Client security, Wild Artistry uses the strongest available browser encryption and stores all company data on servers in secure facilities. All data is only accessible to Wild Artistry’s employees, who are bound by strict confidentiality agreements. A breach of this agreement would result in the employee’s termination.

 

While Wild Artistry takes all necessary precautions to ensure that Client data is secure and that Clients are protected, there is the remaining risk of harm inherent to any e-commerce website. Wild Artistry is unable to guarantee the absolute security of Client data beyond what is reasonably expected. 

 

CHILDREN

The minimum age to use the Site is 18 years of age, as defined in the Terms of Use. Wild Artistry does not knowingly collect or use personal data from children under 13 years of age. If Wild Artistry has unknowingly collected personal data from a child under 13 years of age, the personal data will be deleted. If a child under 13 years of age has provided Wild Artistry with personal data, their parent or guardian may contact the privacy officer. Please see the Wild Artistry Children’s Privacy Policy (below) for additional information on how children’s personal data is handled. 

 

HOW TO ACCESS, MODIFY, DELETE, OR CHALLENGE THE DATA COLLECTED

If a Client is interested in knowing or screening what personal data has been collected, how their personal data has been used, if their personal data has been disclosed and to who it was disclosed to, or if they would like their data to be deleted or modified in any way, please contact the privacy officer here:

 

Hannah Davis

[email protected]

(800) 394-0980

1845 Mississippi Avenue Northeast, Saint Petersburg, FL 33703

 

HOW TO OPT-OUT OF DATA COLLECTION, USE, OR DISCLOSURE

In addition to the method(s) described in the How to Access, Modify, Delete, or Challenge the Data Collected section, Wild Artistry provides the following specific opt-out methods for the forms of collection, use, or disclosure of a Client’s personal data:

 

  1. A client can opt-out of the use of their personal data for marketing emails
  2. A client can opt-out by clicking “unsubscribe” on the bottom of any marketing email
  3. A client can contact Wild Artistry asking for personal data to be removed from all systems

 

MODIFICATIONS

This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to Wild Artistry’s data collection process. When Wild Artistry amends this Privacy Policy, the “Effective Date” at the bottom of this Privacy Policy will be updated. Wild Artistry recommends that the Client periodically reviews the Privacy Policy to ensure that they are notified of any updates. If necessary, Wild Artistry may notify a Client by email of changes to this Privacy Policy.

 

CONTACT INFORMATION

If a Client has any questions, concerns, or complaints, they may contact Wild Artistry’s privacy officer, at: 

 

Hannah Davis

[email protected]

(800) 394-0980

1845 Mississippi Avenue Northeast, Saint Petersburg, FL 33703

 

WILD ARTISTRY CHILDREN’S PRIVACY POLICY

Website: wildartistryco.com (the “Site”)

This Children’s Privacy Policy supplements the Privacy Policy and applies to the personal information of children in the United States who are under the age of thirteen (13) (“child” or “children”). This Children’s Privacy Policy is made in accordance with the United States Children’s Online Privacy Protection Act (“COPPA”). Any terms defined in COPPA have the same meaning when used in this Children’s Privacy Policy.

 

CHILDREN’S DATA

Wild Artistry does not knowingly collect the personal information of children under the age of thirteen (13).

 

PUBLIC AVAILABILITY

Children are not able to make their personal information publicly available on the Site.

 

THIRD PARTY OPERATORS

Third parties do not use the Site to collect personal information about children who use the Site.

 

PARENTAL RIGHTS

A child’s parent or guardian can review their child’s personal information, direct Wild Artistry to delete their child’s personal information, and refuse any further collection or use of their child’s personal information at any time. A parent or guardian can also agree to the collection and use of their child’s personal information, but not allow disclosure of that personal information to third parties, unless disclosure is part of the service provided by the Site. A parent or guardian can exercise these rights via the following method(s):

 

1. Even if agreed to previously, parents may contact Wild Artistry at [email protected] to request access to or deletion of their child’s personal information, or to provide or remove consent for the collection of their child’s personal information.

 

2. No personal information or images will ever be shared publicly without the explicit consent of a parent, even if the minor gives consent of this information use. 

 

Though the minimum age to use the Site is 18, if a child were to participate in a service with the distinct permission of their legal guardian, Wild Artistry will not require the child to disclose more information than is reasonably necessary to participate in an activity on the Site.

 

CONTACT INFORMATION

Questions and concerns about this Children’s Privacy Policy or about the collection and use of children’s personal information, can be sent to:

 

Hannah Davis

[email protected]

(800) 394-0980

1845 Mississippi Avenue Northeast, Saint Petersburg, FL 33703

 

 

Wildartistryco.com (the “Site”) is owned and operated by Wild Artistry, LLC. Wild Artistry, LLC. can be contacted at:

 

[email protected]

(800) 394-0980

1845 Mississippi Avenue Northeast, Saint Petersburg, FL, 33703

 

 

Upon accessing or using this Site, this acknowledges that you have read and understood the Wild Artistry Photography Privacy Policy in its entirety and agree to abide by it as it is listed above.

 

Last updated on July 27, 2022