Terms & Conditions

1. Agreement to Terms

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("you" or "user") and Lush Dreamories ("we," "us," or "our"), a professional photography studio based in the Bay Area, California. By accessing or using https://lushdreamories.com (the "Site"), you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use our Site.

2. Description of Services

Lush Dreamories provides professional photography services, including but not limited to family portraits, maternity sessions, newborn photography, and milestone sessions, primarily serving families in San Jose, Saratoga, Palo Alto, and the greater Bay Area, California. Our Site serves as an informational platform, portfolio showcase, and point of contact for prospective and existing clients.

3. Use of the Website

3.1 Permitted Use

You may use our Site for lawful purposes only and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Site.

3.2 Prohibited Conduct

You agree not to:

• Use the Site in any way that violates applicable local, state, federal, or international law or regulation.
• Copy, reproduce, distribute, or exploit any content from the Site without our express written permission.
• Attempt to gain unauthorized access to any portion of the Site or its related systems.
• Use automated tools (bots, scrapers, crawlers) to collect content or data from the Site.
• Transmit unsolicited commercial communications or spam.
• Upload or transmit viruses or any other malicious code.

4. Intellectual Property

All content on this Site — including but not limited to photographs, images, text, graphics, logos, and design elements — is the exclusive property of Lush Dreamories and is protected by United States and international copyright, trademark, and intellectual property laws.

You may not reproduce, distribute, publicly display, modify, or create derivative works from any content on this Site without our prior written consent. Sharing individual photographs on social media with proper credit to Lush Dreamories may be permitted; please contact us for written authorization.

5. Booking and Services Agreement

Use of this Site does not create a client relationship. A client relationship is only established when:

1. You complete and submit a booking inquiry or contract.
2. We confirm your booking in writing (by email or contract).
3. The required retainer or deposit is received.

All photography sessions are subject to a separate Client Services Agreement, which will be provided at the time of booking. The terms of that agreement shall govern your specific session, including cancellation policies, rescheduling, image delivery timelines, and licensing of images.

6. Email Communications & Consent

By submitting your email address through any form on our Site, you expressly agree to receive:

• Booking confirmations and service-related communications.
• Marketing emails including blog posts, photography tips, promotions, and special offers (if you opt in).

Opting Out: You may unsubscribe from marketing emails at any time by clicking "Unsubscribe" in any email or contacting us directly. Transactional or service-related emails will continue regardless of marketing opt-out status.

We comply with the CAN-SPAM Act and applicable federal and California email marketing laws.

7. SMS / Text Message Terms & Consent

7.1 SMS Program Description

By opting in to our SMS program through our website opt-in form, a keyword opt-in, or other consent mechanism, you agree to receive recurring automated text messages from Lush Dreamories to the mobile number you provide. These messages may include:

• New blog post and content notifications
• Photography tips and seasonal inspiration
• Exclusive promotions, discounts, and special offers
• Session reminders and appointment updates

7.2 Message Frequency & Rates

• Message Frequency: Message frequency varies. You may receive up to 4–8 messages per month.
• Message & Data Rates: Standard message and data rates may apply based on your mobile carrier plan. Lush Dreamories is not responsible for any charges incurred by your carrier.

7.3 Opting Out of SMS

You may opt out of receiving SMS messages at any time by replying STOP to any text message you receive from us. After opting out, you will receive a single confirmation message and no further texts will be sent unless you re-opt-in. You may also contact us directly at the information in Section 13 to opt out.

7.4 Help

For assistance with our SMS program, reply HELP to any message, or contact us directly using the information in Section 13.

7.5 No Third-Party Sharing of SMS Consent

Your mobile number and SMS opt-in consent data will never be sold, rented, or shared with third parties for their own marketing or solicitation purposes. This data is used solely by Lush Dreamories to communicate with you through our SMS messaging program.

7.6 Eligibility

You must be 18 years of age or older and a resident of the United States to participate in our SMS program. By opting in, you represent that you are the authorized user of the mobile number provided and have authority to opt in to receive SMS messages at that number.

7.7 Compliance

Our SMS program complies with the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles and Best Practices, and applicable carrier guidelines, including A2P 10DLC registration requirements.

8. Third-Party Links

Our Site may contain links to third-party websites (such as social media platforms or vendor sites). These links are provided for your convenience only. We have no control over the content or practices of third-party websites and accept no responsibility for them. Visiting third-party websites is at your own risk and subject to their own terms and privacy policies.

9. Disclaimer of Warranties

Our Site and all content thereon are provided on an "as is" and "as available" basis without any representations or warranties, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Site will be available at all times or be error-free.
• The information on the Site is complete, accurate, or current.
• The Site is free of viruses or other harmful components.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Lush Dreamories shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of (or inability to use) our Site or services, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising from or related to these Terms or your use of the Site shall not exceed the amount you paid to us (if any) in the three (3) months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Lush Dreamories, its owners, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Site.
• Your violation of these Terms.
• Your violation of any third-party rights.

12. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the Site shall first be addressed through good-faith negotiation. If unresolved, disputes shall be subject to binding arbitration under the rules of the American Arbitration Association (AAA) in Santa Clara County, California, or submitted to the state or federal courts located in Santa Clara County, California.

13. Contact Us

For questions about these Terms, to exercise your rights, or to opt out of communications, please contact:

Lush Dreamories
Bay Area, California
Website: https://lushdreamories.com
Email: [your contact email here]

14. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site with an updated "Last Updated" date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

These Terms & Conditions were last updated on April 25, 2026.