Terms of Service (FireFlicks LLC)

FireFlicks LLC – Terms of Service

Effective Date: August 1, 2025
Company: FireFlicks LLC (“Company,” “we,” “us,” or “our”)
Owner/Operator: Brian Zapata
Contact: brian@fireflicksllc.net

---

1. Acceptance of Terms

   By booking our services, purchasing products, or accessing the website fireflicksllc.net (“Site”), you (“Client,” “you”) agree to be fully and unconditionally bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use our Site or Services. These Terms, along with your service agreement or invoice, constitute the entire agreement between you and FireFlicks LLC.

2. Services

   FireFlicks LLC provides professional sports photography services including, but not limited to, team and individual portraits, action photography for games and events, digital image delivery, print products, and related media services (“Services”).

3. Eligibility

   To book our Services, you must be at least 18 years of age and legally capable of entering into a binding contract. By engaging our Services, you represent and warrant that you meet these requirements.

4. Intellectual Property and Copyright

   All photographs, images, videos, and digital content created by FireFlicks LLC are the exclusive intellectual property of the Company. FireFlicks LLC retains the copyright to all images and media produced. Unauthorized reproduction, modification, sale, or distribution of our work is strictly prohibited and a violation of federal copyright law.

5. Client Usage Rights (Limited License)

   Upon full payment for the Services, the Client is granted a limited, non-transferable, and non-exclusive license to use the delivered photographs for personal, non-commercial purposes. This includes sharing on social media, printing for personal use, and sharing with friends and family. Commercial use or sale of any photograph is forbidden unless explicitly granted in a separate written commercial license agreement.

6. Image Release and Promotional Use

   By booking and paying for the services of FireFlicks LLC, the Client knowingly and irrevocably agrees to the following:

   • Grant of License: The Client, on behalf of themselves and any subjects photographed (including any minors for whom they are the legal guardian), grants FireFlicks LLC a perpetual, worldwide, royalty-free, and unrestricted right and license to use, reproduce, display, publish, distribute, and create derivative works of any and all photographs taken.
   • Permitted Uses: This license allows FireFlicks LLC to use the photographs in its portfolio and for marketing, advertising, and promotional purposes across any and all media, including but not limited to: the company website (fireflicksllc.net), social media platforms (e.g., Instagram, Facebook), print materials (brochures, flyers), digital advertisements, and contest submissions.
   • Waiver: The Client waives any right to inspect or approve the finished product or its use. The Client releases FireFlicks LLC, its owner, employees, and agents from any and all liability and claims that may arise from or be related to the use of the images, including claims of defamation, invasion of privacy, or infringement of moral rights, publicity, or copyright.

7. Payments, Retainers, and Refunds

   All fees for Services will be outlined in your service agreement or invoice. A non-refundable retainer may be required to secure a booking date and time. The final balance is due on or before the date of the photography session unless otherwise specified in writing. All payments, including retainers, are non-refundable. In the event of a cancellation by the Client, the retainer will be forfeited.

8. Prohibited Uses

   You may not use our Site or Services to:

   • Violate any local, state, or federal laws.
   • Infringe upon the intellectual property rights of the Company or any third party.
   • Distribute content that is unlawful, defamatory, harassing, or obscene.
   • Attempt to disrupt, damage, or gain unauthorized access to our Site or computer systems.

9. Limitation of Liability

   To the fullest extent permitted by law, FireFlicks LLC, its owner Brian Zapata, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, revenue, or profits, arising from or in connection with the use of our Site or Services. In no event shall the Company’s total liability to you for all damages, losses, or causes of action exceed the amount you paid to the Company for the specific Services from which the claim arose.

10. Indemnification

    You agree to indemnify, defend, and hold harmless FireFlicks LLC, its owner Brian Zapata, and its affiliates from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) resulting from your violation of these Terms, your misuse of our Services, or your infringement of any intellectual property or other right of any person or entity.

11. Termination

    We reserve the right to refuse service or terminate your access to our Site and Services at our sole discretion, without notice or liability, for any conduct that we believe violates these Terms or is harmful to the Company or other clients.

12. Governing Law and Dispute Resolution

    These Terms shall be governed by and construed in accordance with the laws of the State of Illinois. Any dispute or claim arising out of or in connection with these Terms shall be resolved exclusively in the state or federal courts located in Cook County, Illinois.

13. Changes to Terms

    FireFlicks LLC reserves the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site. Your continued use of our Site or Services after such changes constitutes your acceptance of the new Terms.

14. Contact Information

    For any questions regarding these Terms of Service, please contact us:
    FireFlicks LLC
    Attn: Brian Zapata, Legal
    brian@fireflicksllc.net