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Privacy Policy & Terms of Use 

Effective Date: October 3, 2025

Welcome to Flannery Rushell Studios (“we,” “our,” “us”). By using our website www.flanneryrushellstudios.com (“Site”) and our related services, you agree to both our Privacy Policy and Terms of Use (collectively, “Agreement”). Please read carefully, as these terms govern your use of our Site and explain how we collect, use, and safeguard your information.

1. Privacy Policy
1.1 Information We Collect

We may collect:

  • Personal information you provide (e.g., name, email, phone number, billing address, photos, project details).

  • Payment information (processed securely through third-party providers).

  • Automatically collected information (IP address, browser type, device information, usage logs, cookies).

  • Third-party sources (e.g., analytics providers, social media platforms you connect through).

1.2 How We Use Information

We use your information to:

  • Provide and improve our services.

  • Respond to inquiries and communicate with you.

  • Process payments and fulfill service agreements.

  • Send newsletters, updates, or promotional content (if you’ve opted in).

  • Comply with New Mexico and U.S. legal requirements.

  • Protect the security and integrity of our Site and business.

1.3 Data Retention

We keep personal data only as long as needed for business, tax, or legal purposes under New Mexico law. Once retention is no longer required, data will be securely deleted or anonymized.

1.4 Sharing of Information

We may share your data:

  • With service providers (e.g., payment processors, email platforms, hosting providers).

  • In connection with business transfers or reorganizations.

  • As required by New Mexico or U.S. law, or in response to legal requests.

  • With your consent.

We do not sell your personal information.

1.5 Your Rights Under New Mexico & U.S. Law

While New Mexico does not currently have a state-specific data privacy statute comparable to the California Consumer Privacy Act (CCPA), we provide you with the following rights:

  • Access, correct, or delete personal information you have shared with us.

  • Opt-out of promotional communications.

  • Request details about how your data is collected and used.

Requests may be made via the contact information below.

1.6 Children’s Privacy

Our services are not directed to children under 13. We do not knowingly collect information from minors. If you believe we have, please contact us for removal.

2. Terms of Use
2.1 Acceptance of Terms

By accessing or using our Site, you agree to comply with this Agreement and all applicable federal and state laws, including those of New Mexico.

2.2 Intellectual Property

All content on the Site—including text, images, logos, and designs—is owned by or licensed to Flannery Rushell Studios and protected under U.S. copyright and trademark law. You may not copy, reproduce, distribute, or use materials without written permission.

2.3 User Responsibilities

You agree not to:

  • Misuse or interfere with the Site’s functionality.

  • Upload malicious code, spam, or infringing material.

  • Violate intellectual property rights.

  • Engage in conduct that violates New Mexico or federal law.

2.4 Payments & Services

  • Payments for services must be made as agreed. We may use third-party processors for billing; we are not responsible for their practices but choose reputable providers.

  • Refunds or cancellations are handled per written service agreements.

2.5 Limitation of Liability

To the fullest extent allowed by New Mexico law, Flannery Rushell Studios shall not be liable for any indirect, incidental, or consequential damages arising from use of the Site or our services.

2.6 Governing Law & Venue

This Agreement is governed by the laws of the State of New Mexico, without regard to conflict-of-law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Bernalillo County, New Mexico.

2.7 Termination

We reserve the right to suspend or terminate your access to the Site at any time, without notice, for conduct that violates this Agreement or is otherwise harmful.

3. Changes to Policy & Terms

We may update this Agreement periodically. When updated, the “Effective Date” will change. Continued use of the Site after changes constitutes acceptance of the new terms.

4. Contact Us

For questions about this Agreement, please contact:

Flannery Rushell Studios
Email: flanneryrushellphotography@gmail.com
Location: Albuquerque, New Mexico

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By using this Site, you acknowledge that you have read, understood, and agreed to this Privacy Policy & Terms of Use.

Terms of Service

Welcome to the website and photography services of Flannery Cowan ("I," "me," or "my"). By engaging with my services, visiting my website, or booking a session, you ("Client," "you," or "your") agree to the following Terms and Services. Please read them carefully.

1. Booking & Payments

  • A non-refundable retainer fee may be required to secure your booking.

  • The remaining balance is due on the day of the shoot.

  • Accepted payment methods: Cash, Check, Paypal, Venmo, Cashapp, Apple Pay].

  • Late payments may result in rescheduling or cancellation of services.

2. Rescheduling & Cancellations

  • Client may reschedule with at least 48 hours’ notice without forfeiting the retainer.

  • Cancellations by the Client result in the loss of the retainer fee.

  • If I must cancel due to unforeseen circumstances (e.g., illness, emergency), a full refund or rescheduling will be offered.

3. Session Guidelines

  • Client is responsible for obtaining necessary permits for locations requiring permission.

  • I reserve the right to end a session early due to inappropriate behavior, safety concerns, or violation of agreed terms.

4. Image Delivery & Usage

  • Final edited images will be delivered via online gallery within discussed time period.

  • I retain copyright to all images but grant the Client a personal license to print, share, and use images for non-commercial purposes.

  • Commercial use requires written permission and may incur additional fees.

     

5. Model Release (If Applicable)

  • By participating in a session, Client grants me permission to use images for my portfolio, website, social media, and marketing unless otherwise agreed in writing.

6. Liability

  • I am not responsible for injuries or damages that occur during the session.

  • While I take utmost care, I am not liable for lost or corrupted files due to technical failures. Clients are encouraged to back up their images.

7. Refunds

  • Due to the custom nature of photography, refunds are not provided for delivered images. (but your happiness is 100% my priority, so we can always talk!)

  • If technical issues prevent delivery, a reshoot or partial refund may be offered at my discretion.

8. Privacy Policy

  • Client information will never be sold or shared with third parties.

  • Payment data is processed securely via authorized third-party applications (i.e. Venmo, Paypal, Cashapp, etc.)

9. Changes to Terms

  • These terms may be updated at any time. Continued use of my services constitutes acceptance of revised terms.

 

Contact:


For questions, please contact Flannery Cowan at flanneryrushellphotography@gmail.com or through the contact form on this website.

By booking a session, you acknowledge that you have read, understood, and agreed to these Terms and Services.

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