Daysee Session Agreement and Liability Acknowledgment

Booking; Payment; Services

Your booking confirmation identifies the selected session, date, time, location, package, required deposit, and payment terms. The session fee reserves the scheduled session time; prints, albums, frames, digital files, and other products are included only if expressly identified in the booking confirmation or later purchase order.

All amounts are due when stated in the booking confirmation, invoice, or purchase terms. Daysee may withhold image delivery and products until payment is complete. If Daysee accepts a change that increases the scope, time, travel, products, or other cost of the Services, you are responsible for the additional amount disclosed before the change is performed.

Cancellation, Rescheduling, Late Arrival, and No-Show

The Daysee Cancellation & Rescheduling Policy, in effect when you book, is incorporated into this Agreement. The specific notice period, deposit treatment, and any rescheduling fee displayed in the booking flow or confirmation apply to your session.

You must notify Daysee promptly if you need to cancel or reschedule. Late arrival may reduce the available photography time without reducing the session fee. A client who does not attend a scheduled session and does not obtain Daysee’s prior written agreement to reschedule is treated as a no-show under the applicable policy.

Health, Safety, Conduct, and Supervision

You will disclose before the session any allergy, sensitivity, mobility need, medical consideration, or other circumstance that could reasonably affect safe participation. You will not bring any participant with a contagious illness without first contacting Daysee. Daysee may decline a prop, pose, activity, or request that it reasonably believes is unsafe or unsuitable.

A parent or legal guardian must remain present and is responsible for supervising each minor throughout the studio visit and session. Daysee’s personnel are not childcare providers and do not assume responsibility for supervising, feeding, lifting, holding, transporting, or caring for a child. If a Daysee team member provides brief physical assistance with posing or safety, it does so only with your permission, with you present, and subject to the limitations of this Agreement.

You are responsible for your guests and must follow reasonable instructions regarding studio equipment, electrical cords, lighting, props, backdrops, furniture, food, and access to work areas. Daysee may pause, modify, shorten, or end a session when reasonably necessary for safety, property protection, or respectful conduct. If the session is ended because of your or your guest’s unsafe, abusive, disruptive, discriminatory, or inappropriate conduct, no refund will be due except as required by law.

Assumption of Ordinary Studio Risks

You understand that a working photography studio may contain lighting equipment, cables, stands, cameras, backdrops, posing surfaces, furniture, props, and other equipment. Participation, particularly by infants and young children, may involve ordinary risks such as trips, slips, falls, bumps, unexpected movement, discomfort, or property damage.

You voluntarily assume the ordinary, inherent risks of your own participation and the participation of any minor for whom you have authority to consent, to the fullest extent permitted by law. You agree to use reasonable care, comply with safety directions, and keep children within your supervision.

Release of Adult Claims; Limits

To the fullest extent permitted by law, you release and discharge Daysee and its owners, members, employees, contractors, agents, and landlords from claims by you for personal injury, property damage, or loss arising from the ordinary, inherent risks described in Section 4 or from your own or your guest’s acts or omissions during the session.

This release does not apply to Daysee’s gross negligence, willful misconduct, or any liability that cannot lawfully be released or limited. Nothing in this Agreement purports to release a minor’s independent claim to the extent such a release is not enforceable under applicable law.

Client Indemnity

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Daysee and its owners, members, employees, contractors, agents, and landlords from third-party claims, losses, liabilities, damages, and reasonable attorneys’ fees arising from your breach of this Agreement, your or your guest’s unlawful or unsafe conduct, or your failure to supervise a child, except to the extent caused by Daysee’s gross negligence or willful misconduct.

Creative Services; Image Selection; Retouching

You have reviewed Daysee’s portfolio and understand that photography is a creative service. Daysee will use reasonable professional judgment in photographing, selecting, editing, retouching, cropping, and delivering images in its signature style. Daysee does not guarantee a particular pose, expression, composition, image count, aesthetic result, or that every image captured will be delivered.

Reasonable retouching requests may be considered, but are not guaranteed and may be subject to additional fees. Daysee will not make edits that it reasonably believes are inconsistent with its style, technically infeasible, unsafe, unlawful, or inappropriate.

Delivery; Gallery; Backup

Daysee will use commercially reasonable efforts to deliver the purchased images within the estimated time communicated in your booking confirmation or gallery notice. Estimated delivery periods are not guaranteed and may be extended by client delay, additional editing requests, technical issues, illness, or circumstances beyond Daysee’s reasonable control.

Daysee will provide a private gallery or other delivery method for the period stated in the booking confirmation or gallery notice. You are responsible for downloading and maintaining backup copies of purchased digital images before the gallery expires. After expiration, Daysee may delete, archive, or charge a retrieval fee for images, if available. Daysee is not responsible for loss of images after the stated gallery period, except as required by law.

Copyright and Your Personal-Use License

Daysee retains all copyright and other intellectual-property rights in images and creative materials it creates. After you have paid all amounts due, Daysee grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to download, display, share with family and friends, and make personal prints of the purchased images.

Without Daysee’s prior written consent, you may not sell, license, use commercially, submit to a contest, provide to a brand or publisher, train or develop artificial-intelligence systems with, remove watermarks or copyright notices from, materially alter, or authorize a third party to commercially use an image. This section does not restrict your noncommercial sharing of purchased images in their delivered form, subject to applicable law.

Image-Use Permission Is Separate

Daysee will use your or a minor participant’s identifiable image for its portfolio, advertising, social media, or other promotional purpose only if you affirmatively grant permission through the separate Photo & Model Release. Declining that release will not affect the Services you purchase.

Lost or Damaged Data; Force Majeure

If images or session files are lost, damaged, corrupted, or unavailable because of equipment failure, data corruption, theft, fire, natural disaster, or another event beyond Daysee’s reasonable control, Daysee will use reasonable efforts to restore or recreate them where feasible. If Daysee cannot reasonably do so, your exclusive remedy is a rescheduled session or refund of amounts paid for the affected Services, at Daysee’s election, except where applicable law provides otherwise.

Limitation of Liability

To the fullest extent permitted by law, Daysee and its owners, members, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits; loss of data; or costs incurred in connection with an affected session. Daysee’s aggregate liability arising from this Agreement or the session will not exceed the amount you actually paid Daysee for the affected session. This does not limit liability that cannot lawfully be limited.

General Terms

The Daysee Terms of Service, Privacy Policy, Cancellation & Rescheduling Policy, booking confirmation, and any applicable Photo & Model Release are incorporated into this Agreement. If there is a conflict, the order of precedence in the Terms of Service applies.

New York law governs this Agreement, without regard to conflict-of-laws rules. Any action relating to this Agreement must be brought in the state or federal courts located in Kings County, New York, except where applicable law requires another forum. If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective.

Client Acknowledgment

By accepting this Agreement electronically, you confirm that you are at least eighteen (18) years old; that you have authority to accept for yourself and to consent to the participation of each minor you bring; that you have had an opportunity to ask questions before booking; and that you understand the important risk-allocation and release language in Sections 4 through 6.

Daysee contact: hello@dayseestudio.com | 45 South 4th Street, Brooklyn, NY 11249