TERMS OF SERVICE AND PARTICIPANT AGREEMENT
Effective Date: September 9, 2026 Last Updated: September 9, 2026
These Terms of Service and Participant Agreement (“Terms”) form a legally binding agreement between you (“you,” “Participant,” or “User”) and Fate Studios Creative, LLC (“Fate Studios,” “we,” “our,” or “us”).
These Terms govern your participation in our event photography, headshot, photo booth, image-processing, photo-matching, digital-delivery, website, QR-code registration, and related services (“Services”).
Technology supporting the Services may be licensed, supplied, hosted, developed, or supported in conjunction with Simply Human AI Holdings, LLC and other technology providers.
PLEASE READ THESE TERMS CAREFULLY.
BY SELECTING AN “I AGREE,” “OPT IN,” “GET MY PHOTOS,” OR SIMILAR BUTTON OR CHECKBOX, SUBMITTING YOUR REGISTRATION, OR OTHERWISE EXPRESSLY CONSENTING TO PARTICIPATE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND OUR PRIVACY POLICY.
1. ELIGIBILITY
You represent that you are legally capable of entering into this agreement.
You may not independently register if you are under 13 years old.
Where a minor requires parental or guardian consent under applicable law, a parent or legal guardian must provide the required authorization.
By consenting on behalf of a minor where legally permitted, you represent that you are the minor's parent or legal guardian or otherwise possess legal authority to provide the applicable consent.
2. VOLUNTARY PARTICIPATION
Participation in the photo-delivery Services is voluntary.
You are not required to scan a QR code, register, provide a telephone number, upload an image, or participate in automated photo matching merely because you attend an event at which Fate Studios is providing services.
Photography of the overall event may nevertheless occur under a separate agreement between Fate Studios and the event organizer.
3. CONSENT TO PHOTOGRAPHY
By opting into the Services, you knowingly and voluntarily authorize Fate Studios, its photographers, employees, contractors, and authorized service providers to photograph you in connection with the applicable event or photography experience.
You understand that photographs may include headshots, photo booth images, portraits, group photographs, event photographs, and candid images.
4. CONSENT TO IMAGE PROCESSING AND PHOTO MATCHING
Where the applicable experience provides automated photo matching, you authorize Fate Studios and its authorized technology providers to process photographs and images you provide or in which you appear for the purpose of locating, organizing, associating, and delivering photographs believed to depict you.
Such processing may involve computer vision, artificial intelligence, facial-similarity analysis, or comparable automated technology.
Where such technology creates or processes information legally classified as biometric information or sensitive personal information, Fate Studios will process that information subject to applicable law and the Privacy Policy.
You understand that automated matching is probabilistic and may produce errors.
5. SMS/TEXT-MESSAGE CONSENT
By providing your mobile telephone number and affirmatively requesting digital photo delivery, you authorize Fate Studios and service providers acting on its behalf to send you text messages related to the requested Services.
Messages may include registration confirmation, verification, photo-delivery links, notifications that photographs are available, customer-service messages, and other communications reasonably necessary to provide the requested photo experience.
Message frequency varies. Message and data rates may apply.
You represent that:
- The telephone number submitted belongs to you or you are authorized to use it;
- You are authorized to consent to receiving messages at that number; and
- The information you submit is accurate.
You may reply STOP to opt out of further SMS messages and HELP for assistance where supported.
Consent to receive promotional or marketing text messages is not a condition of purchasing any goods or services.
Unless you separately provide legally sufficient marketing consent, your participation in this experience does not authorize Fate Studios to send unrelated promotional SMS marketing.
6. PHOTO DELIVERY
We will use commercially reasonable efforts to process and deliver photographs associated with participating guests.
However, we do not guarantee:
- That every photograph containing you will be identified;
- That every photograph will be delivered;
- That automated matching will be completely accurate;
- That photographs will be delivered within a particular period;
- That every photograph taken will be edited, retained, or delivered;
- That every photograph will satisfy your subjective preferences;
- That the Services will operate without interruption; or
- That a particular SMS carrier, device, browser, network, or service provider will successfully deliver a message.
Photographic selection, editing, processing, cropping, color treatment, and other creative decisions may be made at Fate Studios' discretion.
7. INCORRECT PHOTO MATCHES
Automated image-processing systems may occasionally associate a photograph with the wrong participant.
You acknowledge this possibility.
If you receive an image that does not depict you or that you believe was incorrectly delivered, you agree not to misuse, publish, impersonate, harass, exploit, or commercially distribute the image and are encouraged to notify us at:
We may remove or disable access to incorrectly delivered content.
8. PRIVACY
Our collection and processing of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
9. OWNERSHIP AND COPYRIGHT
Except where otherwise provided in a written agreement, all copyrights and other intellectual-property rights in photographs created by Fate Studios or its photographers remain owned by Fate Studios and/or the applicable photographer or copyright owner.
Delivery of a photograph does not transfer copyright.
Unless otherwise stated, photographs delivered directly to an individual participant may be used by that participant for reasonable personal, noncommercial purposes, including personal social-media sharing.
You may not, without authorization:
- Sell the photographs;
- License the photographs commercially;
- Represent yourself as the photographer or copyright owner;
- Remove copyright-management information where prohibited by law; or
- Use the photographs for unlawful purposes.
Separate terms may apply to corporate headshots, commercial photography, event-organizer licenses, sponsorships, advertising campaigns, or other commercial uses.
10. PARTICIPANT LIKENESS
Your opt-in authorizes photography and processing necessary to provide the photo experience you requested.
It does not automatically authorize unlimited commercial advertising use of your likeness by Fate Studios.
Any broader promotional rights will be governed by an applicable event agreement, separate release, model release, or other legally sufficient authorization.
11. GROUP PHOTOGRAPHS
You understand that photographs may contain multiple people.
Fate Studios cannot guarantee that every person appearing incidentally in every photograph separately registered for the photo-delivery Service.
If another participant receives a group photograph containing you because that participant also appears in the photograph, such delivery is an inherent aspect of group and event photography.
12. PARTICIPANT RESPONSIBILITIES
You agree not to:
- Submit another person's telephone number without authorization;
- Impersonate another person;
- Attempt to access another participant's private information;
- Circumvent security controls;
- Scrape, harvest, or automatically download content;
- Reverse engineer our software except where such restriction is prohibited by law;
- Interfere with the operation of the Services;
- Use the Services for unlawful purposes;
- Upload malicious software or code;
- Exploit an incorrectly matched photograph; or
- Use the Services in a manner that infringes another person's privacy, intellectual-property, publicity, or other rights.
13. THIRD-PARTY AND LICENSED TECHNOLOGY
Portions of the Services may rely upon technology, infrastructure, telecommunications networks, artificial-intelligence systems, APIs, cloud providers, or software supplied by third parties, including technology licensed or supplied in conjunction with Simply Human AI Holdings, LLC.
To the maximum extent permitted by law, Fate Studios does not guarantee that third-party systems will operate without interruption, error, delay, outage, security incident, or incompatibility.
14. SERVICE AVAILABILITY
The Services may be changed, suspended, restricted, or discontinued at any time.
Temporary outages may occur due to internet connectivity, cellular networks, equipment failure, maintenance, third-party providers, force majeure events, or circumstances outside our reasonable control.
15. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
FATE STUDIOS DISCLAIMS ALL WARRANTIES NOT EXPRESSLY PROVIDED IN WRITING, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND ERROR-FREE OPERATION.
WE DO NOT WARRANT THAT AUTOMATED IMAGE MATCHING WILL IDENTIFY EVERY PHOTOGRAPH CORRECTLY OR THAT A PHOTOGRAPH WILL NEVER BE DELIVERED TO AN INCORRECT RECIPIENT.
Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.
16. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FATE STUDIOS, ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, PHOTOGRAPHERS, CONTRACTORS, AFFILIATES, LICENSORS, TECHNOLOGY PROVIDERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM OR RELATING TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF FATE STUDIOS ARISING FROM A PARTICIPANT'S USE OF THE FREE EVENT PHOTO-DELIVERY SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT THE PARTICIPANT PAID DIRECTLY TO FATE STUDIOS FOR THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100).
THE FOREGOING LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW AND DO NOT LIMIT LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED.
17. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Fate Studios and its officers, members, employees, contractors, and affiliates from third-party claims, damages, liabilities, losses, and reasonable costs arising from your unlawful misuse of the Services, your unauthorized submission of another person's information, your infringement of another person's rights, or your material violation of these Terms.
This provision does not require you to indemnify any person for conduct for which indemnification cannot lawfully be required.
18. EVENT ORGANIZERS
Fate Studios may provide Services pursuant to an agreement with a wedding couple, corporation, venue, conference organizer, sponsor, planner, agency, or other client (“Event Organizer”).
The Event Organizer may have separate terms, policies, notices, photography rules, or rights relating to the event.
Fate Studios is not responsible for the independent acts, privacy practices, representations, or policies of an Event Organizer except to the extent required by applicable law.
19. RELEASE REGARDING EVENT CONDITIONS
To the extent permitted by law, you acknowledge that Fate Studios is not responsible for circumstances outside its reasonable control, including venue restrictions, poor connectivity, carrier outages, guest interference, lighting conditions, weather, equipment restrictions imposed by a venue, or interruptions caused by event organizers or third-party providers.
20. DATA AND CONTENT DELETION
You may request deletion of qualifying personal information as described in our Privacy Policy.
Deletion of personal information may prevent continued operation of photo-matching or photo-delivery functionality.
Certain information may be retained when permitted or required by law, including records necessary to establish consent, comply with legal obligations, resolve disputes, prevent fraud, or establish or defend legal claims.
21. TERMINATION
We may suspend or terminate access to the Services when reasonably necessary to address misuse, fraud, security concerns, unlawful conduct, violations of these Terms, or threats to other users or our systems.
You may stop participating at any time, subject to processing already lawfully completed and legally permissible retention.
22. GOVERNING LAW
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles, except to the extent federal law or another mandatory law applies.
23. DISPUTE RESOLUTION
Before filing a formal claim, you and Fate Studios agree to make a good-faith effort to resolve the dispute informally.
A participant may initiate informal resolution by contacting:
and providing sufficient information to identify the participant, event, and nature of the dispute.
Nothing in this section prevents either party from seeking emergency or injunctive relief where legally appropriate or exercising rights that cannot lawfully be waived.
Any mandatory arbitration agreement, class-action waiver, jury-trial waiver, or venue-selection clause should be presented through a separately reviewed provision approved by qualified counsel for the jurisdictions in which the Services operate.
24. SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where appropriate, and the remaining provisions will remain in effect.
25. NO WAIVER
Failure to enforce a provision of these Terms does not constitute a waiver of that provision or any other right.
26. ENTIRE AGREEMENT
These Terms, the Privacy Policy, the participant's consent selections, and any additional terms expressly presented during registration constitute the agreement concerning the participant's use of the Services.
Separate agreements between Fate Studios and an Event Organizer may govern additional matters relating to the underlying photography engagement.
27. CHANGES
We may modify these Terms from time to time.
The version presented when you register for a particular event will govern your registration unless applicable law requires otherwise.
Material changes affecting an existing participant will be communicated where required by law.
28. ELECTRONIC AGREEMENT
You consent to conducting this transaction electronically.
Your affirmative selection of a checkbox or button indicating agreement, together with associated electronic records such as date, time, event, consent version, and other legally permissible audit information, may be maintained as evidence of your consent.
29. CONTACT
Fate Studios Creative, LLC Website: www.fatestudioscreative.com Email: fatestudioscreative@gmail.com Phone: 619-495-2320