Terms and Conditions of Use for Photo Serge Website Effective Date: April 28, 2026

1. Terms

By accessing this website (photoserge.com or related sites), you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Photo Serge's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Photo Serge's website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Photo Serge at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Photo Serge's website are provided "as is". Photo Serge makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Photo Serge does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Photo Serge or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Photo Serge's Internet site, even if Photo Serge or a Photo Serge authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Photo Serge's website could include technical, typographical, or photographic errors. Photo Serge does not warrant that any of the materials on its website are accurate, complete, or current. Photo Serge may make changes to the materials contained on its website at any time without notice. Photo Serge does not, however, make any commitment to update the materials.

6. Links

Photo Serge has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Photo Serge of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

Photo Serge may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. SMS Terms of Service

By opting in to receive SMS messages from Photo Serge, you agree to receive text messages related to your inquiries, account notifications, course updates, order confirmations, and service communications.

• Message frequency may vary. Message and data rates may apply depending on your mobile carrier.
• You can opt out at any time by replying STOP to any message. For assistance, reply HELP or contact our support team.
• Consent to receive SMS messages is not a condition of purchasing any goods or services.
• Carriers are not liable for delayed or undelivered messages.
• You must be at least 18 years old to use this website and services.

9. Purchases and Sales Policy

All purchases of products, courses (including the Institute of Photography Program), workshops, or other offerings are additionally governed by our Terms of Sale and Refund Policy (available at photoserge.com/sales-refunds or upon request). By completing a purchase, you acknowledge and agree to both these Terms of Use and the separate Terms of Sale and Refund Policy.

This includes, but is not limited to:

• The 7-day refund window and 10% processing fee for the Institute of Photography (full upfront purchases only).
• Non-refundable payment plans for the Institute of Photography.
• For workshops: A deposit to secure your seat and remaining balance due approximately 60 days prior. Cancellations are subject to tiered fees — 10% if more than 6 months before the workshop, 30% if 3–6 months before, and 50% if less than 3 months before. Workshop registrations are also fully transferable to a future workshop or another participant as an alternative to a partial refund.

10. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS AND WAIVES CERTAIN RIGHTS YOU MAY HAVE.

You and Photo Serge, LLC ("Company") agree that any and all disputes, claims, or controversies arising out of or relating to these Terms of Use, the website, any products or services purchased from us (including the Institute of Photography Program), or the breach, termination, enforcement, interpretation, or validity of these Terms shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (or JAMS Consumer Arbitration Rules if you prefer). The arbitration shall be conducted in Pinellas County, Florida, or remotely via video conference if you request it. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction.

Class Action Waiver.

You agree that any arbitration or proceeding under this Agreement shall be limited to the dispute between you and Company individually. You waive any right to bring, join, or participate in any class action, class arbitration, collective action, or other representative proceeding against Company or its affiliates. This waiver applies whether the claims are brought in arbitration or in court. If a court or arbitrator determines that this class action waiver is unenforceable, the entire arbitration agreement shall be null and void.

Costs and Fees.

Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that a party's claims or defenses were frivolous or brought in bad faith. Company will pay all AAA filing, administrative, and arbitrator fees for any claim that does not exceed $10,000. For claims exceeding $10,000, the AAA rules will determine fee allocation.

Right to Opt Out.

You may opt out of this arbitration agreement by sending a written notice to [email protected] within 7 (7) days of the date you first agreed to these Terms of Use. Your notice must include your name, address, and a clear statement that you are opting out of the arbitration agreement.

Exceptions.

This arbitration agreement does not prevent either party from seeking provisional remedies (such as injunctions) in a court of competent jurisdiction to protect intellectual property rights or to prevent irreparable harm. Small claims court actions are also permitted if they qualify under applicable law.

This Arbitration Agreement survives the termination or expiration of these Terms of Use and applies to all claims whether arising before or after your acceptance of these Terms.

11. Governing Law

These Terms of Use and any dispute arising under them shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions.

12. Content Submitted or Made Available for Inclusion on the Service

Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting Photo Serge LLC a worldwide, non-exclusive license to use the content and are representing and warranting to Photo Serge LLC that the content is owned or duly licensed by you, and that Photo Serge LLC is free to publish, distribute, and use the content as hereinafter provided for without obtaining permission or license from any third party.

In consideration of Photo Serge LLC's agreement to allow you to post Content to the Site and Photo Serge LLC's agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Photo Serge LLC as follows:

You acknowledge that:

• By uploading your photographic or graphic works to Photo Serge LLC you retain full rights to those works that you had prior to uploading.
• By posting Content to the Site you hereby grant to Photo Serge LLC a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site.
• The license granted to Photo Serge LLC includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, websites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e., username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Photo Serge LLC by you.
• Photo Serge LLC makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. Photo Serge LLC does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize Photo Serge LLC to permit users and visitors to the Site to make such low resolution copies of your Content.
• Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.

You represent and warrant that:

• You are the owner of all rights, including all copyrights in and to all Content you submit to the site.
• You have the full and complete right to enter into this agreement and to grant to Photo Serge LLC the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Photo Serge LLC of the Content as contemplated herein.
• The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.

You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Photo Serge LLC, all of which such rights are hereby expressly and irrevocably waived by you in favour of Photo Serge LLC.

Photo Serge, LLC 920 North Osceola Ave Clearwater, FL 33755 United States

For questions about these Terms of Use: [email protected]

 

TERMS OF SERVICE

Effective Date: 14 May 2026

1. Introduction

Welcome to PhotoSerge (“we,” “us,” or “our”). These Terms of Service (“ToS” or “Agreement”) govern your access to and use of our services, including photography coaching and education (collectively, the “Services”). By accessing, using, or interacting with our Services, you (“User,” “you,” or “your”) agree to be bound by these ToS and our Privacy Policy, which is incorporated by reference into this Agreement. If you do not agree to these ToS, you must discontinue your use of the Services immediately.

This Agreement forms a legally binding contract between you and PhotoSerge. Please read these ToS carefully. By accepting these ToS, you also acknowledge and accept the Arbitration Agreement contained in Section 15, which waives your right to a jury trial and to participate in class actions.

2. Definitions

• “Account”: The account you create when you register to use our Services.
• “Content”: Any and all text, data, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials provided through the Services.
• “Data”: Any information, including Personal Data, that you provide or that is collected from you in connection with your use of the Services.
• “Personal Data”: Any information relating to an identified or identifiable individual, as defined under applicable privacy laws.
• “Sales Kick”: The platform provider we use as a subcontractor for processing and enriching your data, operating solely on our behalf and under our control. Sales Kick is not a party to this Agreement.
• “Third-Party Services”: Any services or products provided by entities other than PhotoSerge that are made available through our Services.

3. Acceptance of Terms

By accessing or using the Services, you affirm that you are at least 18 years of age, or the age of majority in your jurisdiction, and are capable of entering into a legally binding agreement. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these ToS.

4. Modification of Terms

We reserve the right, at our sole discretion, to modify, update, or change these ToS at any time. Such changes will be effective upon posting the updated ToS on our website or platform. You should review these ToS regularly. Your continued use of the Services after any changes to these ToS constitutes your acceptance of the revised ToS. If you do not agree to the new terms, you must stop using the Services immediately.

5. Services Overview
6. Description of Services

PhotoSerge provides photography education, coaching, certification and workshop programs. These Services are designed to help photographers get world-class photography.

1. Third-Party Subcontractors

To enhance the functionalities of our Services, we use the Sales Kick platform as a subcontractor to process and enrich your data. Sales Kick operates solely under our direction and is not a party to this Agreement. You will not interact directly with Sales Kick, and your data will be processed as part of our integrated service offering.

1. Service Availability

While we strive to ensure the continuous availability of our Services, we cannot guarantee that the Services will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.

6. User Obligations and Conduct
7. Compliance with Laws

You agree to comply with all applicable laws, regulations, and industry standards when using the Services, including but not limited to privacy, data protection, intellectual property, and export control laws.

1. User Account Responsibilities

• Account Information: You agree to provide accurate, current, and complete information when creating your Account and to update such information as necessary.
• Security of Account: You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately if you suspect any unauthorized use of your Account.

1. Prohibited Activities

You agree not to:

• Use the Services for any illegal, unauthorized, or prohibited purpose.
• Infringe on the rights of others, including intellectual property rights.
• Interfere with or disrupt the Services, servers, or networks connected to the Services.
• Use any automated means (e.g., bots, scrapers) to access or collect data from the Services without our express permission.
• Impersonate any person or entity or misrepresent your affiliation with a person or entity.
• Use the Services to transmit any malicious software, viruses, or other harmful code.
• Engage in any activity that could damage, disable, or impair the functioning of the Services.

7. Data Privacy and User Consent
8. Data Collection and Processing

• Personal Data: We collect and process your Personal Data as part of providing the Services. This may include data you provide directly, data we collect automatically, and data we obtain from third-party sources.
• Data Enrichment: Your data may be enriched through the Sales Kick platform, which processes your information on our behalf to enhance the accuracy, relevance, and utility of the Services we provide to you.

1. User Consent

By using our Services, you consent to:

• The collection, processing, and sharing of your data as described in these ToS and our Privacy Policy.
• The use of your data for the purpose of improving, customizing, and optimizing the Services, including through data enrichment and calendar management.
• The sharing of your data with Sales Kick, our subcontractor, solely for the purpose of providing the Services.
• The transfer of your data to and from third-party service providers, as necessary to deliver the Services.
• I understand by submitting an application to book a sales call, I am providing written instructions authorizing PhotoSerge and affiliates to obtain my personal credit profile or other information from credit reporting agencies under the FCRA solely to conduct a credit pre-qualification. I further understand that this is a soft pull and will not harm my credit in any way whatsoever.

1. Data Sharing and Disclosure

• Subcontractors and Service Providers: We may share your data with subcontractors, including Sales Kick, who assist us in providing the Services. These parties are bound by confidentiality and data protection obligations and will not use your data for any purpose other than to perform the Services on our behalf.
• Legal Compliance: We may disclose your data to comply with legal obligations, such as in response to court orders, legal processes, or government requests.

1. Data Security

• Security Measures: We implement reasonable security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
• User Responsibilities: You are responsible for safeguarding the device and network through which you access the Services. You should ensure that your software and systems are up to date and that you take appropriate precautions to protect your data.

8. Intellectual Property Rights
9. Ownership

All intellectual property rights in the Services, including but not limited to software, content, trademarks, and logos, are owned by PhotoSerge or its licensors. Your use of the Services does not grant you any rights to our intellectual property, except for the limited rights necessary to use the Services in accordance with these ToS.

1. License to Use the Services

Subject to your compliance with these ToS, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

1. Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of our Services or included software.
• Reverse engineer or attempt to extract the source code of any software used in the Services, except as expressly permitted by applicable law.
• Use any of our intellectual property, including trademarks, logos, or content, without our express written consent.

9. Representations and Warranties
10. User Representations and Warranties

You represent and warrant that:

• Authority: You have the legal authority to enter into and comply with these ToS.
• Accuracy of Information: All information you provide in connection with your use of the Services is accurate, complete, and current.
• Compliance with Laws: You will comply with all applicable laws, regulations, and industry standards in your use of the Services.
• No Infringement: Your use of the Services does not and will not infringe on the intellectual property, privacy, or other rights of any third party.
• No Harmful Activities: You will not engage in any activity that is harmful to us, Sales Kick, our other users, or the general public, including the transmission of viruses, malware, or other harmful code.

1. Third-Party Client Representations and Warranties

PhotoSerge represents and warrants that:

• Compliance with Laws: We will comply with all applicable laws, including data protection and privacy laws, in providing the Services.
• No Conflict: Our provision of the Services does not and will not conflict with any other agreement or legal obligation to which we are subject.
• Data Security: We will implement reasonable security measures to protect your data and ensure that our subcontractors, including Sales Kick, comply with applicable data protection obligations.
• Service Continuity: We will make commercially reasonable efforts to ensure the continuous availability of the Services, subject to the limitations set forth in these ToS.

1. Disclaimer of Warranties

Except as expressly provided in these ToS, the Services are provided "as-is" and "as-available" without any warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties arising from course of dealing, course of performance, or usage in trade.

10. Limitation of Liability
11. Exclusion of Damages

To the fullest extent permitted by law, PhotoSerge, Sales Kick, and their affiliates, officers, agents, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or use, arising out of or related to your use of the Services, even if advised of the possibility of such damages.

1. Cap on Liability

In no event shall the total liability of PhotoSerge, Sales Kick, and their affiliates to you for all claims arising out of or related to these ToS or your use of the Services exceed the amount you paid to us for the use of the Services in the 12 months preceding the claim.

1. No Liability for Third-Party Services

We are not responsible for any Third-Party Services made available through the Services. Your use of Third-Party Services is at your own risk, and we make no representations or warranties regarding such services.

11. Indemnification

You agree to indemnify, defend, and hold harmless PhotoSerge, Sales Kick, and their affiliates, officers, agents, employees, partners, and licensors from any claim, demand, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use of the Services.
• Your breach of these ToS or violation of any applicable laws or the rights of a third party.
• Any claims that your use of the Services infringes the intellectual property rights of a third party.
• Any data or content you provide or create through the Services.

12. Termination
13. Termination by You

You may terminate your use of the Services at any time by ceasing to use the Services and, if applicable, closing your Account.

1. Termination by Us

We reserve the right to suspend or terminate your access to the Services at any time, without notice or liability, for any reason, including if we believe you have violated these ToS or engaged in unlawful behavior.

1. Effects of Termination

Upon termination of your access to the Services, your right to use the Services will immediately cease. Any provisions of these ToS that by their nature should survive termination will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Dispute Resolution and Governing Law
14. Governing Law

These ToS and any disputes arising out of or related to them will be governed by the laws of Florida/USA, without regard to its conflict of laws principles.

1. Arbitration Agreement
2. Arbitration

You and PhotoSerge agree that any dispute, controversy, or claim arising out of or relating to these ToS, the Services, or any relationship between the parties, including claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration using American Arbitration Association ("AAA"). 

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator with experience in resolving disputes related to the type of services provided by PhotoSerge. The arbitrator's decision shall be final and binding on all parties.

The arbitration shall take place in Pinellas County, Florida, or remotely via video conference if you request it. If the amount in controversy does not exceed $10,000, you may choose to have the arbitration conducted by telephone, video conference, or based solely on written submissions, subject to the discretion of the arbitrator.

The parties shall share the costs of arbitration, including arbitrator fees, equally, unless the arbitrator determines that such apportionment is not appropriate given the circumstances of the case. Each party shall bear its own legal fees and expenses, unless the arbitrator awards legal fees and costs to the prevailing party under applicable law.

You agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims or preside over any form of a representative or class proceeding.

If any portion of this Arbitration Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect. However, if the class action waiver in this Arbitration Agreement is found to be unenforceable, the entire Arbitration Agreement shall be null and void.

In the event that this Arbitration Agreement is found not to apply to a dispute, you and PhotoSerge agree that any non-arbitrable disputes shall be resolved exclusively in the state or federal courts located in Pinellas County, Florida and you consent to venue and personal jurisdiction in such courts.

Any arbitration proceedings, documents, and information exchanged between the parties in connection with such proceedings, and any final arbitration award, shall be strictly confidential, except as necessary to enforce or challenge the arbitration award in a court of law, or as required by law.

14. Miscellaneous
15. Entire Agreement

These ToS, together with our Privacy Policy, constitute the entire agreement between you and PhotoSerge concerning the Services and supersede any prior agreements, whether written or oral.

1. Severability

If any provision of these ToS is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these ToS and shall not affect the validity and enforceability of any remaining provisions.

1. Waiver

No waiver of any term of these ToS shall be deemed a further or continuing waiver of such term or any other term, and PhotoSerge’s failure to assert any right or provision under these ToS shall not constitute a waiver of such right or provision.

1. Assignment

You may not assign your rights or obligations under these ToS without our prior written consent. We may assign our rights and obligations under these ToS without restriction.

1. Force Majeure

We shall not be liable for any failure or delay in our performance under these ToS due to causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, supply chain disruptions, pandemics, power outages, or governmental restrictions.

1. Headings

The headings used in these ToS are for convenience only and have no legal or contractual effect.

1. Contact Information

For any questions or concerns regarding these ToS, please contact us at [email protected].