Privacy Policy

Photo Bougie LLC
Privacy Notice, Terms & Conditions, and Model Release
Effective Date: January 1st, 2025

Welcome to Photo Bougie LLC (“Company,” “we,” “us,” or “our”). This combined Privacy Notice, Terms & Conditions, and Model Release Agreement (“Agreement”) governs your access to and use of our website, services, and mobile photo booth experiences.

By booking, accessing, or participating in our services, you (“Client,” “User,” or “Participant”) acknowledge and agree to the terms outlined below.

1. Information We Collect

We may collect the following types of information:

Personal Information
– Name
– Email address
– Phone number
– Event details (date, location, type)

Media Content
– Photos, videos, GIFs, and other content captured through our services

Automatically Collected Data
– IP address
– Device and browser information
– Website usage data (cookies, analytics)

2. How We Use Information

We use collected information to:
– Provide and operate our services
– Deliver galleries and media content
– Communicate with clients and participants
– Improve our offerings and user experience
– Comply with legal obligations

3. Sharing of Information

We do not sell personal information.

We may share information:
– With event hosts who have contracted our services
– With trusted third-party service providers (gallery hosting, delivery platforms)
– When required by law or to protect our rights, safety, or property

4. Media Capture & Model Release

By entering or using a Photo Bougie booth, you grant Photo Bougie LLC an irrevocable, worldwide, royalty-free license to:
– Capture, use, reproduce, edit, and distribute your image, likeness, voice, and appearance
– Use such content for marketing, advertising, website display, and social media
– Share media with the event host and other participants

You waive any right to inspect or approve the final use of such media and release Photo Bougie LLC from any claims arising from its use.

5. Opt-Out of Promotional Use

If you prefer not to have your image used for promotional purposes, you must:
– Notify a booth attendant at the time of participation, or
– Contact us at photobougie@gmail.com
– You may opt out at any time. We will make reasonable efforts to honor after-the-fact requests, but cannot guarantee removal of content already published or shared.

6. Data Retention

We retain personal information and media only as long as necessary to:
– Provide services and gallery access
– Fulfill business and legal obligations
We reserve the right to delete or anonymize data at our discretion.

7. Data Security

We implement reasonable safeguards to protect your information. However, no system can guarantee absolute security.

8. Assumption of Risk

Participation in our photo booth experience is voluntary. You assume all risks associated with:
– Use of equipment and props
– Physical movement and posing
– Interaction with other participants
– Venue and environmental conditions

9. Guest Conduct, Intoxication & Safe Use

Photo Bougie LLC provides a refined, elevated experience and expects guests to behave accordingly.
We reserve the right, in our sole discretion, to refuse, suspend, or terminate service to any individual or group exhibiting behavior that is:
– Intoxicated to the point of impairment
– Disorderly, aggressive, or inappropriate
– Unsafe or likely to cause harm to people or equipment

This includes misuse of props, unsafe posing, climbing, crowding, or interference with booth operations.
Photo Bougie LLC shall not be liable for any injuries, damages, or losses arising from the actions of intoxicated or impaired individuals.
The Client agrees to indemnify and hold harmless Photo Bougie LLC from any claims, damages, or expenses resulting from guest conduct, including conduct involving alcohol or substances.
No refunds or credits will be issued if services are limited or terminated due to such conduct.

10. Limitation of Liability

To the fullest extent permitted by law:
– Photo Bougie LLC shall not be liable for indirect, incidental, or consequential damages
– Total liability shall not exceed the amount paid for services
– We are not responsible for:
– Venue-related issues (power, lighting, space constraints)
– Technical interruptions or failures beyond our control
– Delayed or failed delivery of digital content

11. Indemnification

You agree to defend, indemnify, and hold harmless Photo Bougie LLC, its owners, employees, and contractors from any claims, liabilities, damages, or expenses (including attorney’s fees) arising from:

– Use or misuse of our services
– Violation of this Agreement
– Event or guest-related conduct

12. Content Delivery

Media galleries and digital delivery are provided as a convenience. We do not guarantee permanent storage.
Clients and participants are responsible for downloading and retaining their content.

13. Conduct & Right to Refuse Service

We reserve the right to refuse or discontinue service to any individual or event that poses a risk to our staff, equipment, or brand experience.

14. Payment & Booking Terms

– Services are confirmed upon receipt of payment or deposit
– Payments are non-refundable unless otherwise agreed in writing
– Rescheduling is subject to availability

15. Force Majeure

We are not liable for delays or failure to perform due to events beyond our control, including but not limited to weather, power outages, venue issues, or government actions.

16. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for their privacy practices.

17. Age Restriction

Our services are not directed to individuals under 18.
By using our services, you confirm that you are at least 18 years old or are participating under the supervision and consent of a parent or legal guardian.

18. Governing Law

This Agreement shall be governed by the laws of the State of Colorado.
Any disputes shall be resolved exclusively in the courts of Colorado.

19. Changes to This Agreement

We reserve the right to update this Agreement at any time. Updates will be posted with a revised Effective Date.

By booking, accessing, or participating in Photo Bougie LLC services, you acknowledge that you have read, understood, and agree to this Agreement.

Contact Info:

Photo Bougie LLC
Leah Darr, Owner
photobougie@gmail.com
(970) 779-0031

Photo Bougie is a professional & proper business.
We are a registered LLC with the State of Colorado,
~SOS ID # 20251120875
~PHOTO BOUGIE LLC EIN # 33 3204963
~City of Durango
Business License # 202114366.

Also, this is our natural hair color.