PLEASE NOTE: SECTION 34 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH LOKALPHOTO ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Last Updated: June 19, 2017
Lokalphoto provides an online platform that connects Photographers with Clients seeking to utilize Photography Services (collectively, the "Services"), which Services are accessible at www.Lokalphoto.com and any other websites through which Lokalphoto makes the Services available (collectively, the "Site") as well as applications for mobile, tablet and other smart devices and application program interfaces, as applicable (collectively, the "Application").
These Terms of Service are between you and Sunshine Photo Company, LLC (doing business as Lokalphoto.com). Sunshine Photo Company, LLC is hereinafter referred to as "Lokalphoto", "we", "us", or "our".
"Photography Services" includes but is not limited to the following services performed by Photographers: arranging and conducting photo shoots, image editing, image uploading, and subsequent image file delivery. Photography Services are provided by Photographers as independent contractors, who are solely responsible for acquiring and utilizing appropriate photography equipment, and other tools and equipment necessary and appropriate to perform Photography Services. YOU ACKNOWLEDGE THAT LOKALPHOTO DOES NOT PROVIDE PHOTOGRAPHY SERVICES OR FUNCTION AS A PHOTOGRAPHER AS DEFINED HEREIN. Our Services exclude Photography Services. Unless otherwise agreed by Lokalphoto, the Photographer and the Client, all Photographer Services are made available and are to be rendered for your personal, noncommercial use.
"Lokalphoto Content" means all Content that Lokalphoto owns or to which Lokalphoto has a license to use and makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
"Booking Request Period" means the time period starting from the time when a booking is requested by a Client (as determined by Lokalphoto in its sole discretion), within which a Photographer may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different locations.
"Collective Content" means Member Content and Lokalphoto Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Client" means a Member who requests from a Photographer a booking of a Listing via the Site, Application or Services, or a Member who uses Photography Services and is not the Photographer for the associated Listing.
"Photographer" means a Member who creates a Listing via the Site, Application and Services, and intends to perform Photography Services.
"Listing" means a listing for Photography Services by a Photographer as available for booking via the Site, Application, and Services.
"Member" means a person who completes Lokalphoto's account registration process, including but not limited to Photographers and Clients, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Lokalphoto promotional campaign to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, or fees (such as location reservation or use permit fees) that Photography Services providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Terms of Service
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PHOTOGRAPHERS MAY CREATE LISTINGS FOR PHOTOGRAPHY SERVICES AND CLIENTS MAY LEARN ABOUT AND BOOK PHOTOGRAPHY SERVICES DIRECTLY WITH THE PHOTOGRAPHERS. YOU UNDERSTAND AND AGREE THAT LOKALPHOTO IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PHOTOGRAPHERS AND CLIENTS, NOR IS LOKALPHOTO A PHOTOGRAPHY BROKER, AGENT, EMPLOYER, OR INSURER. LOKALPHOTO HAS NO CONTROL OVER THE CONDUCT OF PHOTOGRAPHERS, CLIENTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY PHOTOGRAPHY SERVICES, AND DISCLAIMS ANY AND ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON LOKALPHOTO, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH LOKALPHOTO IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF LOKALPHOTO FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF LOKALPHOTO. LOKALPHOTO DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF LOKALPHOTO, INCLUDING BY INAPPROPRIATELY USING ANY LOKALPHOTO INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Lokalphoto reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For users in the United States, Lokalphoto may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Lokalphoto's vendors.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of Photography Services. Such Photography Services are included in Listings on the Site, Application and Services by Photographers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book Photography Services or create a Listing, you must first register to create a Lokalphoto Account (defined below).
As stated above, Lokalphoto makes available an online platform or marketplace with related technology for Clients and Photographers to meet online and arrange for bookings of Photography Services directly with each other. Lokalphoto is not an owner, operator, or provider of Photography Services. Unless explicitly specified otherwise in the Lokalphoto platform, Lokalphoto's responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE PHOTOGRAPHERS AND CLIENTS CONNECTING AND BOOKING PHOTOGRAPHY SERVICES DIRECTLY WITH EACH OTHER. LOKALPHOTO CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PHOTOGRAPHY SERVICES. LOKALPHOTO IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND PHOTOGRAPHY SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED SOLELY AT THE MEMBER'S OWN RISK.
The Photographers, not Lokalphoto, are solely responsible for honoring any confirmed bookings and making available any Photography Services reserved through the Site, Application and Services. If you, as a Client, choose to enter into a transaction with a Photographer for the booking of Photography Services, you agree and understand that you will be required to enter into an agreement with the Photographer and you agree to accept any terms, conditions, rules and restrictions associated with such Photography Services imposed by the Photographer. You acknowledge and agree that you, and not Lokalphoto, will be responsible for performing the obligations of any such agreements, that Lokalphoto is not a party to such agreements, and that Lokalphoto disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a Client before the Client sends a booking request to a Photographer. As noted above, the Photographer is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled
After the booking request is accepted by the Photographer, Lokalphoto will request payment from the Client. You as a Client agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your Lokalphoto Account. Lokalphoto will collect the Total Fees pursuant to the Payments Terms.
Once your payment is processed, the booking is confirmed and you will receive a confirmation email and receipt summarizing the schedule and payment details of your booking.
Service Fees and Other Fees
In consideration for the use of Lokalphoto's online marketplace and platform, Lokalphoto charges Service Fees. Lokalphoto collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes in respect of the Photographer Fees and Client Fees. Lokalphoto deducts the Photographer Fees from the Photography Services Fees before remitting the balance to the Photographer as described in the Payments Terms. Client Fees are, as noted above, included in the Total Fees.
More information on any such costs or deductions will be available via the Site and Application. More information on Services Fees can be found at www.Lokalphoto.com/help . Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Any Photographer who is late shall extend the photographer session time on a 1:1 basis for each minute late in arriving. If Photography Services are scheduled back-to-back, it is expected that the photographer shall notify subsequent Clients about the delay.
Cancellations and Refunds; Cancellation Policy
If, as a Client, you wish to cancel a confirmed booking made via the Site, Application and Services, prior to the Photography Services, the cancellation policy of the Photographer contained in the applicable Listing will apply to such cancellation. The Client Fee is non-refundable Lokalphoto will initiate any refunds due pursuant to the Payments Terms .
If a Photographer cancels a confirmed booking made via the Site, Services, and Application, (i) Lokalphoto will refund the Total Fees for such booking to the applicable Client pursuant to the Payments Terms and (ii) the Client will receive an email or other communication from Lokalphoto containing alternative Listings and other related information. If the Client requests a booking from one of the alternative Listings and the Photographer associated with such alternative Listing confirms the Client's requested booking, then the Client agrees to pay Lokalphoto the Total Fees relating to the confirmed booking for the Photography Services in the alternative Listing, in accordance with these Terms. If a Photographer cancelled a confirmed booking and you, as a Client, have not received an email or other communication from Lokalphoto, please contact Lokalphoto. .
If, as a Photographer, you cancel a confirmed booking, you agree that Lokalphoto may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, Lokalphoto may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for extenuating circumstances or for any other reason. Lokalphoto may also determine, in its sole discretion, to refund to the Client part or all of the amounts charged to the Client. You agree that Lokalphoto and the relevant Client or Photographer will not have any liability for such cancellations or refunds.
All cancellations made 48 hours in advance of Photography Services will be fully refunded to the Client.
Within 48-hours of the scheduled Photography Services:
If a Client cancels the Photography Services, the Client will forfeit the Client Fee and 25% of the price paid for the Photography Services, paid directly to the Photographer. The 25% cancellation fee is to compensate the Photographer for the lost opportunity to book a replacement session and shall not be construed as an unreasonable penalty.
If a Photographer cancels the Photography Services, the Client will receive a full refund and also a credit for 25% of the price paid for Photography Services, up to a maximum of $50. The Photographer will receive a penalty on his/her account in this same amount. Multiple cancellations may result in an automatic review and/or removal from the Site.
If a Client fails to cancel Photography Services and does not show for scheduled Photography Services, the Client forfeits the entire amount paid.
Weather: Either the Photographer or Client may request to reschedule the session due to weather. If it is not possible to conduct Photography Services due to weather, Photographer and Client will reschedule for a mutually agreeable date, with no additional charge.
Illness: Either the Photographer or Client may request to reschedule the session due to illness, as documented by a physician. If it is not possible to conduct Photography Services due to illness, Photographer and Client will reschedule on an agreed date, with no additional charge.
Lokalphoto may, in its sole discretion, round up or round down amounts that are payable from or to Clients or Photographers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Lokalphoto will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, Lokalphoto may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Lokalphoto to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Some Photographers may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Photographer does in fact make the donation he or she pledged to make. In such cases, the Photographer in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
You as a Client or Photographer are responsible for any modifications to a booking that you direct Lokalphoto Customer Service to make ("Booking Modifications"), and you agree to pay any Photography Services Fees, Client Fees, Services Fees, and/or Taxes associated with such Booking Modifications.
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, and Tax regulations;