Terms and Conditions Agreement between User and retrospectnashville.com and retrospectboudoir.com Welcome to retrospectnashville.com and retrospectboudoir.com. The retrospectnashville.com and retrospectboudoir.com websites (the "Site") is comprised of various web pages operated by Retrospect Nashville LLC ("Retrospect Boudoir"). retrospectnashville.com and retrospectboudoir.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of retrospectnashville.com and retrospectboudoir.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. retrospectnashville.com and retrospectboudoir.com is an E-Commerce Site. The purpose of this site is to serve as an online platform for the business and to showcase the brand, products, and services offered by Retrospect Nashville and Retrospect Boudoir. Additionally the site's purpose is to sell photography experiences, packages, and products related to photography services.

Cancellation/Refund Policy. If the Client shall cancel this Agreement 30 or more calendar days before the session date, any deposit paid to the Photographer shall be refunded in full. If Client shall cancel within 29 days of the session date, Client will forfeit the deposit fee and shall not be refunded.

Photographic Materials. All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make proofs and previews available to the Client for the purpose of selecting photographs for edit or printing by the Photographer only. 

Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s uses detailed below (see Model Release and Privacy).   

Client’s Usage The Client is obtaining images for personal use only, and shall not sell said images or authorize any reproductions thereof by parties other than the Photographer.  If Client has purchased digital images, Photographer authorizes Client to reproduce images for print only as gifts for friends or family members. Client shall not scan, copy, photograph, alter, crop or otherwise change any images received without express written permission of Photographer.  Client shall only post the exact web-ready images received from Photographer on any website or social media site, including Facebook, Instagram, Twitter, personal blogs or any other sites. Client shall not crop out or remove any logo from any images received from Photographer.

Model Release and Privacy. The Photographer understands that photography is very personal and respects the privacy of the Client. The Photographer will not share images online without the Client's consent. Photographer will never sell images to third parties.  However the Photographer may use images in studio to promote services to other clients. The Client hereby grants Photographer and Photographer's legal representatives and assigns the right to use images of the Client or in which the Client may be included, for advertising and in studio promotion in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Photographer and Photographer's legal representatives and assigns from all claims and liability relating to said images.

Failure to Perform.   If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer.  In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.  

Creative License . Client agrees to review the Photographer's portfolio prior to signing this agreement, and acknowledges that they are requesting artistic services by Photographer.  The Photographer shall not refund any part of the payment in the event the Client is unhappy with the creative or artistic aspects of the images created during the photo session.

Miscellany. This Agreement incorporates the entire understanding of the parties.  Any modifications of this Agreement must be in writing and signed by both parties.  Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.  This Agreement shall be governed by the laws of the State of Tennessee.Release. I hereby acknowledge that all precautions will be taken for a safe shoot and hereby release the Photographer from any liability for any injury incurred during the shoot.

Warranty of Legal Capacity. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this Agreement.

DELIVERY OF FINISHED PRODUCT The Photographer will choose to show only the best images for purchase consideration. The client’s images will be presented via an online gallery delivered to the client’s email address.

Electronic Communications Visiting retrospectnashville.com and retrospectboudoir.com or sending emails to Retrospect Boudoir constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Children Under Thirteen Retrospect Boudoir does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use retrospectnashville.com and retrospectboudoir.com only with permission of a parent or guardian. Links to Third Party Sites/Third Party Services retrospectnashville.com and retrospectboudoir.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Retrospect Boudoir and Retrospect Boudoir is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Retrospect Boudoir is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Retrospect Boudoir of the site or any association with its operators. Certain services made available via retrospectnashville.com and retrospectboudoir.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the retrospectnashville.com and retrospectboudoir.com domain, you hereby acknowledge and consent that Retrospect Boudoir may share such information and data with any third party with whom Retrospect Boudoir has a contractual relationship to provide the requested product, service or functionality on behalf of retrospectnashville.com and retrospectboudoir.com users and customers. No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use retrospectnashville.com and retrospectboudoir.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Retrospect Boudoir that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Retrospect Boudoir or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Retrospect Boudoir content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Retrospect Boudoir and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Retrospect Boudoir or our licensors except as expressly authorized by these Terms. International Users The Service is controlled, operated and administered by Retrospect Boudoir from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Retrospect Boudoir Content accessed through retrospectnashville.com and retrospectboudoir.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Indemnification You agree to indemnify, defend and hold harmless Retrospect Boudoir, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Retrospect Boudoir reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Retrospect Boudoir in asserting any available defenses. Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Retrospect Boudoir agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RETROSPECT NASHVILLE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. RETROSPECT NASHVILLE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. RETROSPECT NASHVILLE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RETROSPECT NASHVILLE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RETROSPECT NASHVILLE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction Retrospect Boudoir reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee and you hereby consent to the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Retrospect Boudoir as a result of this agreement or use of the Site. Retrospect Boudoir's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Retrospect Boudoir's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Retrospect Boudoir with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Retrospect Boudoir with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Retrospect Boudoir with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. Changes to Terms Retrospect Boudoir reserves the right, in its sole discretion, to change the Terms under which retrospectnashville.com and retrospectboudoir.com is offered. The most current version of the Terms will supersede all previous versions. Retrospect Boudoir encourages you to periodically review the Terms to stay informed of our updates. Contact Us Retrospect Boudoir welcomes your questions or comments regarding the Terms: Retrospect Nashville LLC 505 Suzanne Court Mt Juliet, Tennessee 37122 Email Address: [email protected] Telephone number: 6153361411 Effective as of November 25, 2024