Terms and Conditions
Please take the time to read and understand the terms and conditions set out below (the “Terms and Conditions”) prior to booking a session, making any purchase or participating in any of the services offered by Sky Studio Inc. (the “Sky Studio Lucia”,”Sky Studio” “us”, “we” or “our”).
1 Our Contract
These Terms and Conditions govern your relationship with Sky Studio, including, but not limited to, your use of the Sky Studio Lucia website www.skystudiolucia.com (the “Website”), your purchase of Sky Studio sessions or other services offered by Sky Studio, your rights to cancel your purchase of Lucia Light sessions or other services, your registration for packages, your purchase of merchandise, your communication with Sky Studio, and your use of and attendance at Sky Studio facilities. By accessing the Website or booking a session through third party apps, the Website or directly through one of our staff, or purchasing or participating in any of the services offered by Sky Studio, you are deemed to have agreed to these Terms and Conditions (which, in addition to the Assumption of Risks, Waiver and Release of Claims Agreement, constitutes the entire agreement between you and Sky Studio) and your booking will be accepted by us on this basis.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS AND CONDITIONS AT ANY TIME. SUCH MODIFIED TERMS AND CONDITIONS WILL BECOME EFFECTIVE UPON OUR POSTING SUCH TERMS AND CONDITIONS TO THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE AND/OR SKY STUDIO SERVICES AFTER SUCH A MODIFICATION HAS BEEN POSTED SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY YOU OF ANY SUCH MODIFIED TERMS AND CONDITIONS. IT IS YOUR OBLIGATION TO REVIEW THESE TERMS AND CONDITIONS AND TO BECOME AWARE OF ANY MODIFICATIONS.
These Terms and Conditions incorporate by reference our Privacy Policy (available for viewing on the Website), which we may also amend from time to time in the future.
2 Minors Policy
If you are under the age of majority in your home jurisdiction, you may only use the Website under the supervision of a parent or guardian, and you may only register for sessions if your parent or guardian does so on your behalf. Sky Studio does not accept online bookings or other purchases made by minors, and by visiting this Website and purchasing sessions and generally participating in the services offered by Sky Studio, you represent and warrant that (i) you are either (A) 18 years of age or older, or (B) supervised by your parent or guardian, and that (ii) either (A) you, or (B) your supervising parent or guardian, as applicable, have the right, authority and capacity to agree to and abide by these Terms and Conditions; and (iii) you will use the Website in a manner consistent with any and all applicable laws and regulations.
3 Appropriate Behaviour; Termination of Services
Our sessions are run by trained professionals whose mandate is to ensure that all of our clients are provided with a safe, positive and rewarding experience. At all times, you shall behave in a respectful manner towards other individuals and staff while at our facilities, and comply with all verbal instructions given to you by our practitioners, as well as stated and customary terms, posted safety signs and rules. If any of our practitioner determine (in his or her sole discretion) that your behaviour is causing or is likely to cause harm, distress, danger or annoyance to any other individuals (including, but not limited to, clients and staff) at our facilities, or damage to property, the practitioner may direct you to leave our facilities immediately, and we reserve the right to terminate your session immediately, with no right of refund. We may also elect to deny you future access to the Sky Studio’s facilities and the opportunity to participate in any future sessions. You may be required to pay for loss and/or damage caused by your actions.In addition to the above, we may, in our sole discretion, terminate or suspend your access to all or part of the Website or the services we offer at any time, with or without notice, for any reason, including, without limitation, breach of these Terms and Conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity that may otherwise affect the enjoyment of the services offered by Sky Studio may be grounds for termination of your access to all or part of such services at our sole discretion, and you may be referred to appropriate law enforcement agencies. After your access to our services is terminated for any reason, all terms of these Terms and Conditions survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
4 Reservations and Charges
Your credit/debit card will be charged for your order when you buy sessions or series of sessions. None of your payment data is stored nor do we offer saving credit card data.
5 Client Cancellations
Cancellations should be made via our booking process, by email or telephone will be treated on a case-by-case basis, in our sole discretion, subject to the cancellation fee which is the full service balance. A cancellation will only be effective when we receive electronic confirmation at least 24 hours prior to the booking.
6 Cancellation by Us
We reserve the right to cancel a session for any reason upon providing at least 24 hours notice to clients. If we cancel your session in accordance with the above, you can transfer amounts paid to an alternate available session or receive a full refund. We may cancel a session at any time prior to commencement if, due to terrorism, natural disasters, political instability, epidemics/pandemics or other external events, it is not viable for us to carry out the scheduled session or if we perceive there to be a risk of harm, in our sole discretion. In circumstances where the cancellation is due to external events outside of our reasonable control, such as during a pandemic or other issue that could reasonably detrimentally impact the health and safety of our clients and staff, you will receive a credit towards a future session, however refunds will not be permitted.
7 Age & Health Requirements
We try our best to cater our sessions to each of our clients. Nonetheless, we remind you that sessions at Sky Studio can be emotionally demanding and clients must ensure that they are suitably fit and healthy to allow for full participation. You are required to complete the waiver form prior to participating in our sessions, and you represent and warrant to Sky Studio that you have completed the form honestly and to the best of your knowledge. It is your responsibility to ensure that you obtain proper and detailed medical advice prior to participating in any of our sessions.We will not be obligated to provide you with a refund if you are unable to complete a session due to your health, fitness or other physical limitations.
8 Photos, Video and Marketing
You consent to us using images of you taken during sessions for social media, advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.
9 Privacy Policy
Any personal information that we collect about you will be treated in accordance with our Privacy Policy (available for viewing on our Website)
10 Third Party Links and Websites
Sky Studio has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked third party sites. Although a third party website and/or app may contain Sky Studio logos, advertising or other content, please understand that it is independent from Sky Studio, and that Sky Studio has no control over the content of that website and/or app. Accessing third party websites and/or apps from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with Sky Studio.
11 Intellectual Property Rights
All material available on the Website and all material and services provided by or through Sky Studio, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.Subject to your compliance with these Terms and Conditions, Sky Studio grants to you a non-transferable, non-sub-licensable, non-exclusive, revocable right to access and use the Materials that we make available to you through the Website or otherwise for the limited purpose of accessing and using the Sky Studio’s services.All of Sky Studio’s trademarks, service marks, trade dress, trade names, brand names, logos and domain names, whether registered or unregistered, including all goodwill in connection therewith (the “Trademarks”), are owned by us. You may not use the Trademarks without our prior written consent.If we, in our sole discretion and without notice, consider that there is an immediate security or operational risk to the services we offer, or any of our, your or a third party’s system, then Sky Studio may immediately suspend access to or use of the services we offer. The suspension of use and access is not a breach of these Terms and Conditions. You acknowledge that the preservation of security, confidentiality and data is paramount. Sky Studio has no liability to you for suspending the services it offers under this provision.You agree that any ideas, suggestions, concepts, processes or techniques which you provide to us related to the services Sky Studio offers, the Website or Sky Studio or its business (“Feedback”) are and shall be Sky Studio’s exclusive property without any compensation or other consideration payable to you by Sky Studio, and you do so of your own free will and volition. We may or may not, in our sole discretion, use or incorporate the Feedback in whatever form or derivative we may decide into the Website, its software, our services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Sky Studio in any Feedback and, as applicable, waive any moral rights. For the purposes of these Terms and Conditions and the Privacy Policy, “personal information” is any information about an identifiable individual, as defined in our Privacy Policy.Sky Studio retains the right to use or share any Aggregated Data generated by anyone using our Website, including our users, for the purpose of enhancing and better providing the Services. “Aggregated Data” means data which does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. Sky Studio does not sell information about our customers to third parties.
12 Severability
In the event that any term or condition contained in these Terms and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
13 Applicable Law
These Terms and Conditions and all disputes connected with or related to them, including but not limited to related claims in tort, equity or otherwise, shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Each of the parties irrevocably and unconditionally accepts and submits to the exclusive jurisdiction of the courts of the Province of British Columbia and the City of Vancouver for all disputes. You waive any objection based on venue or forum with respect to any claim arising under these Terms and Conditions, whether now existing or hereafter arising and whether in contract, tort, equity or otherwise.
14 Waiver of Jury Trial and Class Action Rights
WITH RESPECT TO ANY DISPUTE ARISING OUT OF OR RELATED TO SKY STUDIO LUCIA WEBSITE, THE SERVICES OFFERED BY SKY STUDIO, AND/OR THESE TERMS AND CONDITIONS: (I) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) YOU HEREBY EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT INCLUDING BUT NOT LIMITED TO CLASS ACTION LAWSUITS INVOLVING ANY SUCH DISPUTE.
15 Registered Address
Suite 310 - 207 West Hastings Street
Vancouver BC V6B 1H7
Please direct all general inquiries to:
Attention: Tina Averback
Email: lucialightskystudio@gmail.com