MODERN FLASH, LLC

Terms and Conditions

Effective date: August 28, 2026

These standalone Terms and Conditions (the "Terms") govern your access to and use of www.modernflashco.com (the "Website") and the photo booth, event, digital-media, printing, gallery, design, and related services offered by Modern Flash, LLC ("Modern Flash," "we," "us," or "our") (collectively, the "Services"). These Terms are published on a separate Terms & Conditions page and are distinct from our Privacy Policy and each client's Event Contract.

Please read these Terms carefully. By accessing or using the Website, submitting an inquiry, approving a proposal, signing a service contract, making a payment, or otherwise using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Website or Services.

1. Relationship to the Privacy Policy and Your Event Contract

Our Privacy Policy is published separately and explains how Modern Flash collects, uses, discloses, and protects personal information. It does not replace these Terms or an Event Contract. The Privacy Policy is incorporated into these Terms only with respect to privacy and data-handling matters.

Every event engagement is subject to a separate written proposal, service contract, invoice, package description, or other booking document provided through HoneyBook (collectively, the "Event Contract"). The Event Contract contains the final event-specific terms, including the selected package, pricing, retainer, payment schedule, service period, venue, cancellation and rescheduling rules, deliverables, add-ons, and any special requirements.

If these Terms conflict with a signed Event Contract, the Event Contract controls for that engagement. These Terms provide a general outline of our business practices and supplement, but do not replace, the Event Contract.

2. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to submit a booking inquiry or contract for Services. If you act for a company, organization, couple, event host, venue, or another person, you represent that you have authority to bind that party and to provide the instructions, materials, permissions, and approvals required for the event.

Our Website and booking services are not directed to children under 13. Children may participate in photo booth experiences at events under the supervision and responsibility of the applicable parent, guardian, client, school, organization, or event host, as described in our Privacy Policy and the Event Contract.

3. Website Information and Availability

The Website provides general information about Modern Flash and our Services. Website descriptions, photographs, package examples, service areas, availability statements, and other content are illustrative and may change. They do not constitute a binding offer or guarantee of availability, price, equipment, backdrop, prop, design, or deliverable.

We make reasonable efforts to keep the Website accurate and available, but we do not guarantee that it will be uninterrupted, error-free, secure, or current at all times. We may update, suspend, restrict, or discontinue any part of the Website without notice.

Nothing is sold or paid for directly through the Website. Inquiries, proposals, contracts, invoices, bookings, and payments are handled through HoneyBook and our authorized payment processors.

4. Inquiries, Proposals, and Booking Confirmation

Submitting a contact form or inquiry does not reserve a date, create an event booking, or require either party to proceed. Dates remain available to other clients until all booking requirements in the applicable proposal or Event Contract are satisfied.

Unless the Event Contract states otherwise, an event is confirmed only after:

1. Modern Flash issues or approves a proposal for the event;
2. the client signs the Event Contract; and
3. Modern Flash receives the required non-refundable retainer.

Quotes and proposals may expire on the date stated in the proposal. Availability, pricing, packages, travel charges, taxes, fees, and equipment are subject to change until the booking is confirmed.

5. Retainers, Payments, and Charges

Retainer

A signed Event Contract and non-refundable retainer are required to reserve an event date. The retainer compensates Modern Flash for reserving date-specific availability, declining other potential work, and beginning administrative, planning, staffing, and design preparation. The retainer will be applied toward the total event price unless the Event Contract states otherwise.

Remaining balance

The remaining balance must be paid by the deadline stated in the Event Contract and, in all cases, before setup or performance begins unless Modern Flash agrees otherwise in writing. Failure to make timely payment may be treated as a client cancellation, may delay setup or delivery, and may result in suspension of Services, subject to the Event Contract and applicable law.

Payment processing

Invoices and payments are administered through HoneyBook, with payment processing provided by Stripe or another authorized processor identified during checkout. Modern Flash does not directly collect or store complete payment-card or bank-account credentials. Your use of HoneyBook and Stripe is also subject to their applicable terms and privacy policies.

You are responsible for authorized charges, applicable taxes, approved add-ons, overtime, travel, parking, venue charges, replacement or repair costs, and other amounts stated in the Event Contract. You must promptly notify us of any suspected billing error.

6. Client Cancellations

Retainers are non-refundable to the fullest extent permitted by law. If the client cancels an event, amounts already paid and any additional amount due will be determined by the cancellation schedule in the Event Contract. Cancellations close to the event date may require payment of part or all of the remaining contract price because Modern Flash has reserved the date and may already have incurred staffing, design, travel, production, supply, or other costs.

Cancellation notices must be submitted in writing using the method specified in the Event Contract. A social-media message, verbal statement to an attendant, or communication from someone who is not the contracting client may not constitute effective notice.

7. Rescheduling and Date Changes

Requests to change an event date are subject to Modern Flash's availability, adequate notice, and the terms of the Event Contract. We do not guarantee that the same booth, equipment, staff, package, pricing, or add-ons will be available on a new date.

If Modern Flash approves a rescheduling request, the retainer may be transferred to the new date as stated in the Event Contract or written rescheduling confirmation. Changed dates may require a revised contract, updated pricing, additional travel costs, or a rescheduling fee. Until the change is confirmed in writing, the original event date and contract remain in effect.

8. Cancellation or Inability to Perform by Modern Flash

If Modern Flash must cancel an engagement because of an unforeseen emergency or other circumstance beyond our reasonable control and we cannot provide a reasonably acceptable replacement or alternative, we will refund the payments Modern Flash received for the unperformed Services, including the retainer, unless the Event Contract provides a different remedy. To the fullest extent permitted by law, that refund will be the client's exclusive monetary remedy for Modern Flash's complete inability to perform.

If only part of the Services is affected, Modern Flash may provide a reasonable substitute, partial refund, service credit, rescheduled performance, or other remedy consistent with the Event Contract and the circumstances.

9. Force Majeure

Neither party will be responsible for delay or failure caused by circumstances beyond that party's reasonable control, including severe weather, hurricane, flood, fire, natural disaster, epidemic, public-health restriction, government order, utility or internet outage, transportation disruption, venue closure, labor disruption, civil disturbance, terrorism, or similar event (a "Force Majeure Event").

The parties will make reasonable efforts to communicate and determine whether the Services can be safely modified, delayed, moved, or rescheduled. Financial consequences and available remedies will be governed by the Event Contract. Nothing in this section excuses payment obligations that arose before the Force Majeure Event or limits rights that cannot lawfully be waived.

10. Venue Access and Client Responsibilities

The client is responsible for coordinating with the venue and ensuring that Modern Flash has timely access and all permissions reasonably necessary to load in, set up, operate, and remove the equipment. Unless the Event Contract states different requirements, the client must provide:

• a safe, accessible, solid, level, and stable setup area measuring at least 8 feet by 8 feet;
• a dedicated, standard 120-volt grounded electrical outlet within 20 feet of the setup area;
• reasonable access for loading and unloading, including information about stairs, elevators, loading docks, security procedures, certificates of insurance, or vendor restrictions;
• parking or reimbursement of required parking, valet, loading, toll, or venue-access charges;
• any venue, organizer, property-owner, sponsor, or governmental approvals required for the Services;
• adequate time for setup and breakdown outside the contracted operating period; and
• reliable Wi-Fi or cellular connectivity if required for a selected feature and stated in the Event Contract.

The client must provide accurate venue details and promptly disclose conditions that could affect setup, safety, equipment, staffing, or performance. Delays caused by the client, venue, planner, other vendors, security, inaccessible loading areas, missing power, or an unsuitable setup location may reduce operating time without a refund or require additional charges.

11. Outdoor Events and Weather

Outdoor operation requires prior approval and complete protection from rain, moisture, direct sunlight, excessive heat, wind, sand, unstable ground, and other conditions that could affect guests, staff, or equipment. A fully enclosed tent, covered structure, climate control, wind protection, or an indoor backup location may be required.

Modern Flash has sole reasonable discretion to delay setup, move the booth, pause operation, refuse an unsafe location, or dismantle equipment when weather or site conditions create a safety risk or a material risk of equipment damage. The client is responsible for arranging a suitable backup location. Unless the Event Contract states otherwise, time lost because the venue or client did not provide the required protection or backup location will not extend the service period or entitle the client to a refund.

12. Equipment Protection, Safety, and Guest Conduct

The client is responsible for taking reasonable steps to protect Modern Flash's booth, cameras, computers, printers, lighting, backdrops, props, furniture, cables, and other equipment at the event. To the extent provided in the Event Contract and permitted by law, the client is financially responsible for loss, theft, or physical damage caused by the client, venue, guests, invitees, vendors, contractors, or other persons under the client's event control, excluding ordinary wear and tear or damage caused solely by Modern Flash.

Guests must follow attendant instructions and use the equipment safely and lawfully. Modern Flash may refuse service to an individual or temporarily suspend or end operation if conduct is abusive, threatening, intoxicated to an unsafe degree, discriminatory, harassing, unlawful, destructive, or otherwise poses a risk to people, property, or equipment. If the issue can be corrected safely, we may resume operation. A suspension or termination caused by unsafe conditions or guest conduct does not automatically entitle the client to a refund.

13. Service Conditions and Technical Limitations

Modern Flash will use commercially reasonable efforts to provide the Services described in the Event Contract. Photo booth and event technology may nevertheless be affected by equipment failure, printer jams, supply issues, electrical problems, software errors, internet or cellular outages, venue restrictions, guest misuse, or other conditions.

Instant AirDrop, text, email, QR-code delivery, cloud upload, lead capture, and gallery access depend on compatible devices, accurate contact information, connectivity, third-party platforms, and recipient settings. We do not guarantee immediate delivery or compatibility with every device, carrier, browser, email provider, or network. When practical, content queued during an outage may be delivered after connectivity returns.

Any service credit, extension, replacement, re-performance, partial refund, or other remedy for downtime or missing deliverables will be determined under the Event Contract.

14. Event Media, Galleries, and Downloads

Depending on the selected package, Modern Flash may capture photographs, video, GIFs, boomerangs, messages, or other digital content ("Event Media") and may provide prints, individual digital delivery, or an online gallery.

Galleries and digital-delivery services are not permanent storage. Event Media will be hosted or made available for the period stated in the Event Contract, package details, delivery message, or Privacy Policy. Clients and guests are responsible for downloading and backing up desired files promptly. We are not responsible for loss after an announced availability period expires or for copies altered, reposted, forwarded, or deleted by third parties.

Gallery links may provide access to multiple event images. Clients and recipients must use reasonable care when distributing links and must not represent that a gallery is private unless Modern Flash expressly confirms its privacy settings in writing.

15. Event Media Rights and Promotional Use

Ownership and license rights for Event Media are governed by the Event Contract. To the extent Modern Flash owns or controls applicable rights and the Event Contract does not state otherwise, the client and pictured guests may download and share delivered Event Media for personal, event-related, and ordinary social-media use. Commercial licensing, resale, removal of ownership notices, or use implying Modern Flash's endorsement requires written permission unless otherwise authorized in the Event Contract.

Unless the client opts out in writing, Modern Flash retains the right to select, reproduce, edit, crop, display, publish, and use non-confidential Event Media, event details, reviews, and testimonials for our portfolio, Website, social media, advertising, trade, editorial, and other promotional purposes without additional compensation, subject to applicable law and the Event Contract.

A client who requires a private event or does not want Event Media used for promotional purposes must notify Modern Flash in writing before the event or within any opt-out period stated in the Event Contract. After receiving a valid opt-out, Modern Flash will not use new Event Media from that event for promotional purposes. Requests concerning material already published will be reviewed in good faith, but removal may be limited by prior distribution, third-party reposting, archival materials, applicable law, or an existing agreement or release.

The client is responsible for informing guests that photography or recording will occur and for obtaining venue, organizer, parent or guardian, participant, brand, and other permissions required for the event and intended uses. Modern Flash may use event signage or on-screen notices to provide additional information to participants.

16. Client Materials and User Submissions

You may provide names, logos, trademarks, brand guidelines, photographs, inspiration images, artwork, reviews, testimonials, messages, music selections, or other materials ("Client Materials"). You retain any rights you hold in your Client Materials.

You grant Modern Flash a non-exclusive, worldwide, royalty-free license to host, copy, reproduce, resize, crop, modify, adapt, display, transmit, and otherwise use Client Materials as reasonably necessary to respond to your inquiry, prepare designs, provide the Services, create deliverables, maintain business records, and exercise the promotional rights described in Section 15. This license continues for as long as reasonably necessary for those purposes, subject to an effective written promotional-use opt-out and our Privacy Policy.

You represent that you have the rights and authority necessary to provide the Client Materials and authorize these uses. Client Materials must not infringe intellectual-property, privacy, publicity, confidentiality, contractual, or other rights; contain malware or unlawful material; or mislead Modern Flash about ownership or permission. We may reject or remove materials that we reasonably believe violate these Terms.

If you voluntarily provide feedback or suggestions about our Services, we may use them without restriction or compensation, provided we handle associated personal information under our Privacy Policy.

17. Modern Flash Intellectual Property

The Website and its text, layout, branding, logos, graphics, designs, templates, overlays, photographs, videos, software elements, and other content are owned by or licensed to Modern Flash and are protected by intellectual-property laws. Except for ordinary viewing and personal use of the Website, you may not reproduce, republish, sell, scrape, frame, distribute, modify, reverse engineer, or commercially exploit Website content without prior written permission.

Modern Flash's name, branding, logos, and trade dress may not be used in a way that suggests sponsorship, endorsement, affiliation, or authorization without our written consent.

18. Prohibited Website and Service Use

You may not:

• use the Website or Services for unlawful, fraudulent, abusive, harassing, defamatory, obscene, or infringing purposes;
• submit false booking, identity, payment, event, or contact information;
• interfere with the Website, accounts, forms, security systems, networks, or other users;
• introduce malware, automated attacks, scraping tools, or excessive requests;
• attempt unauthorized access to galleries, accounts, systems, or Event Media;
• use another person's contact information or likeness without appropriate authority;
• copy or exploit Website content or Event Media beyond the rights granted to you; or
• encourage or assist another person in violating these Terms.

We may restrict Website access, decline an inquiry, suspend delivery, or take other reasonable action in response to suspected misuse, subject to applicable law and any Event Contract.

19. Third-Party Services and Links

The Website and Services may link to or rely on third-party platforms, including Squarespace, HoneyBook, Stripe, Google, Instagram, photo booth software, gallery hosts, communications providers, and printing vendors. Third-party services are governed by their own terms and privacy policies. Modern Flash does not control and is not responsible for third-party content, availability, security, policies, or acts, except to the extent responsibility cannot be excluded by law.

A link does not necessarily mean that Modern Flash endorses every statement, product, or service offered by the linked provider.

20. Privacy and Electronic Communications

Our collection and handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

You agree that proposals, contracts, invoices, notices, disclosures, and other communications may be provided electronically through HoneyBook, email, text message, or another address or number you provide. Electronic signatures and records may have the same legal effect as paper versions to the extent permitted by law.

Text-message consent, message frequency, carrier charges, opt-outs, and email preferences are addressed in the Privacy Policy and any notice shown when contact information is collected.

21. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." MODERN FLASH DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE.

EVENT SERVICES WILL BE PROVIDED AS STATED IN THE APPLICABLE EVENT CONTRACT. EXCEPT FOR EXPRESS PROMISES IN THAT CONTRACT, MODERN FLASH DOES NOT GUARANTEE A PARTICULAR NUMBER OF GUEST PARTICIPANTS, SOCIAL-MEDIA ENGAGEMENT, LEADS, DOWNLOADS, PRINTS PER GUEST, BUSINESS RESULT, OR SUBJECTIVE AESTHETIC OUTCOME.

Nothing in these Terms excludes an express warranty in an Event Contract or a warranty, remedy, or liability that cannot lawfully be excluded.

22. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MODERN FLASH AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL; OR DAMAGES ARISING FROM THIRD-PARTY SERVICES, UNAUTHORIZED SHARING BY OTHERS, OR CONDITIONS OUTSIDE OUR REASONABLE CONTROL.

TO THE FULLEST EXTENT PERMITTED BY LAW, MODERN FLASH'S TOTAL LIABILITY ARISING FROM A PARTICULAR EVENT OR SERVICE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO MODERN FLASH FOR THE PORTION OF THE SERVICES GIVING RISE TO THE CLAIM. FOR A CLAIM ARISING SOLELY FROM FREE USE OF THE WEBSITE, MODERN FLASH'S TOTAL LIABILITY WILL NOT EXCEED $100.

These limitations do not apply to liability that cannot be limited under applicable law, and an Event Contract may provide a different limitation or remedy that controls for that engagement.

23. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Modern Flash, LLC and its owners, employees, contractors, and agents from third-party claims, losses, liabilities, damages, judgments, penalties, and reasonable costs arising from: (a) your material breach of these Terms or an Event Contract; (b) Client Materials or instructions that violate another person's rights; (c) unsafe venue conditions, guest conduct, or damage for which the client is responsible; (d) your unlawful or unauthorized use of Event Media; or (e) your fraud, willful misconduct, or violation of law.

This section does not require you to indemnify Modern Flash for Modern Flash's own gross negligence, willful misconduct, or other liability that cannot lawfully be shifted. Any event-specific indemnification provision in the Event Contract controls if it differs from this section.

24. Governing Law and Court-Based Dispute Resolution

These Terms and any dispute not governed by a different valid provision in an Event Contract are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Before filing a lawsuit, the parties agree to make a good-faith effort to resolve the dispute informally. The complaining party should send written notice describing the issue and requested resolution, and the parties should allow at least 30 days for a response unless immediate action is reasonably necessary to protect rights or comply with a legal deadline.

If the dispute is not resolved informally, each party agrees that any lawsuit arising from these Terms, the Website, or the Services must be brought in a state or federal court of competent jurisdiction located in Miami-Dade County, Florida, unless applicable law requires otherwise. Each party consents to the personal jurisdiction and venue of those courts.

These Terms do not require arbitration and do not waive either party's right to a jury trial where that right otherwise applies.

25. Changes to These Terms

We may update these Terms from time to time by posting a revised version on this separate Terms & Conditions page and changing the effective date. Changes apply prospectively from the date posted. The version in effect when an Event Contract is signed will generally apply to that engagement unless the Event Contract or applicable law provides otherwise.

26. General Provisions

If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. Headings are for convenience only.

You may not assign your rights or obligations under these Terms or an Event Contract without Modern Flash's written consent. Modern Flash may assign these Terms in connection with a merger, reorganization, sale of assets, or transfer of the business, subject to applicable law.

These Terms, the Privacy Policy, and any applicable Event Contract constitute the agreement between the parties concerning their respective subject matter. No website statement, social-media post, oral discussion, or prior communication modifies a signed Event Contract unless confirmed in a writing authorized by Modern Flash and the client.

27. Contact Us

Questions about these Terms or a booking may be directed to:

Modern Flash, LLC

20406 NW 6th Place

Miami, FL 33169

Email: renee@modernflashco.com

Phone: +1 (508) 284-2075

Service area: South Florida, including Miami, Fort Lauderdale, West Palm Beach, Homestead, and surrounding areas