TERMS AND CONDITIONS

Welcome to FLOURISH BRAND PHOTOGRAPHY (the "Site"). This Site is owned and operated by FLOURISH BRAND PHOTOGRAPHY (collectively, the "Photographer" or "we" or "us").

USE OF THE SITE

By accessing and using this Site, you agree to be bound by these Terms and Conditions (these "Terms"). If you do not agree with any of these Terms, please do not use this Site.

OWNERSHIP AND INTELLECTUAL PROPERTY

The content on this Site, including but not limited to the photographs, text, images, graphics, logos, button icons, video clips, audio clips, trade names, trademarks, service marks If you're a parent or guardian of a child who has provided us with their information, please contact us so we can delete it. We do not knowingly collect, use, or disclose Personal Data from children under 18. If you believe that we have collected, used or disclosed Personal Data of a child under the age of 18 or the age of majority in your jurisdiction, please contact us so that we can take appropriate action. and other material (collectively, the "Content"), is owned by or licensed to the Photographer. The Content is protected by copyright, trademark, and other intellectual property laws

USE OF CONTENT

Any commercial use of Content requires prior written permission from the Photographer.

NO WARRANTY OR GUARANTEE

The Photographer does not warrant or guarantee that:

  • The Content is accurate, complete, current, reliable, or suitable for any particular purpose.
  • Access to this Site will be uninterrupted or error-free.
  • This Site or the server hosting it are free of viruses or other harmful components

LIABILITY LIMITATIONS

In no event shall the Photographer be liable to you (or anyone else) for:

  • Any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of your access and use of this Site.
  • Any loss of business, profits, revenue, or goodwill.
  • Any failure to fulfill any obligations or duties.

INDEMNIFICATION

You agree to indemnify the Photographer from and against any claims, demands, losses, expenses, and liabilities (including reasonable attorney's fees) arising out of your access and use of this Site.

GOVERNING LAW AND JURISDICTION

These Terms will be governed by and construed in accordance with the laws of Texas, without giving effect to any principles of conflicts of law. Any disputes arising under these Terms shall be resolved through binding arbitration, as provided by Texas law.

CHANGES TO TERMS AND CONDITIONS

The Photographer reserves the right to modify or update these Terms at any time without notice. Your continued use of this Site will be deemed acceptance of such modifications or updates.

COPYRIGHT COMPLAINTS

If you believe that your copyright has been infringed, please notify us in writing with detailed information about the alleged infringement. We will investigate and respond to your complaint promptly.

TERMINATION OF USE

The Photographer reserves the right to terminate or suspend access to this Site at any time without notice.

ACKNOWLEDGMENT AND WAIVER

By accessing and using this Site, you acknowledge that you have read and understood these Terms and Conditions. You release the Photographer from any claims or demands for damages or compensation arising out of your use of this Site.

Texas Photography Laws

Trespass Laws

In Texas, individuals have the right to privacy in their own homes or private property (Tex. Civ. Prac. & Rem. Code § 25.002). Photography on private property without permission can be considered trespassing.

Public Figure Photographs

If you're a public figure, like a politician or celebrity, photographers may have the right to take photos of you in public places (Tex. Civ. Prac. & Rem. Code § 22.017).

Model Releases and Informed Consent

When photographing people, it's essential to obtain their informed consent, especially if you plan to use the images commercially. Texas law requires that models or participants sign a release form before being photographed (Tex. Civ. Prac. & Rem. Code § 22.014).

Consent for Commercial Use

For commercial use of photographs, such as selling them online or in print, Texas law requires explicit consent from the photographed individual(s) (Tex. Civ. Prac. & Rem. Code § 22.014).

Invasion of Privacy Laws

In Texas, invasion of privacy laws protect individuals from unwanted photography, particularly in areas where they have a reasonable expectation of privacy (Tex. Civ. Prac. & Rem. Code § 22.012). For example, taking photos of someone in their own home without permission could be considered an invasion of privacy.

Social Media and Online Posts

Texas law has specific rules regarding the use of social media platforms and online posts. If you're using a public figure's image or likeness on social media, ensure that it's not violating any copyright laws or causing undue harm to their reputation (Tex. Bus. & Com. Code § 17.41).

It's essential to note that local laws and regulations can vary within the state. If you're planning a photo shoot in Texas, it's always best to consult with an attorney or familiarize yourself with specific city ordinances.

Learn more about Texas photography laws:

  • Texas Business and Commerce Code (Tex. Bus. & Com. Code)
  • Texas Civil Practice and Remedies Code (Tex. Civ. Prac. & Rem. Code)
  • City ordinances: Check with the cities where you plan to photograph, as some have specific regulations

Remember that laws can change over time, so it's crucial to stay informed about any updates or changes in Texas photography laws.