1. The Lifetouch Preschool Service Terms (“Service Terms”) below govern your use of Lifetouch’s services. By using Lifetouch’s service, you authorize Shutterfly Lifetouch, LLC (referred to as “Lifetouch” or “us”) to provide professional photography services, including to: (i) photograph all students and staff who participate in “Picture Day” or other photography events, and (ii) produce and deliver photographs and services to you, your staff, your students, and their families.
  2. You are solely responsible for obtaining and enforcing staff and parent or guardian consent to, or opt out of: (i) participation in all events and activities, and (ii) inclusion in any class photographs or other photography services.  
  3. Lifetouch will maintain confidential information provided by you in confidence and will not use or share it for purposes outside of providing the services requested by you or its own legitimate business purposes. Lifetouch agrees to comply with laws, regulations and governmental orders governing the privacy and security of personal information. 
  4. Lifetouch is and remains the copyright owner of all photographic images created in connection with its services. If Lifetouch is obligated to provide photographic images to you as part of the services provided under an agreement, Lifetouch hereby grants you a nonexclusive, irrevocable, royalty-free license to use such photographic images solely for your administrative and educational purposes.  
  5. You will provide us with access to students and staff, and use of your facilities, property and information for the purpose of performing the services, including Picture Day or event administration, fulfillment and distribution of photographs and yearbooks to you, delivery of Picture Day or event notices, and providing parents or guardians of photographed students opportunities to purchase individual and class pictures or other photography services.  
  6. Lifetouch may modify these Service Terms from time to time. Your continued use of Lifetouch services after modification of the Service Terms constitutes your agreement to the updated Service Terms. 
  7. Lifetouch may terminate its provision of services to you upon notice. You may terminate your use of Lifetouch services for convenience by providing at least ninety (90) days’ written notice prior to your photography event. If you cancel or terminate your booking – or otherwise reduce the number, kind, or amount of services – within ninety (90) days of a photography event, (i) you may be liable for any expenses incurred by Lifetouch in preparation to provide services to you; and (ii) if you received anything of value from Lifetouch, you agree to immediately repay Lifetouch for the full value of any products or services received.  
  8. Lifetouch may remove your access to value-added goods and services until invoices are paid in full. Lifetouch provides access to value-added goods and services as a courtesy to customers; termination of services or failure to renew will result in removal of your ongoing access to these goods and services.  
  9. Lifetouch’s liability for any breach is limited to the amount you paid for services.  
  10. Lifetouch may assign, transfer, or delegate its rights or obligations under these Service Terms, in whole or in part, without consent to its affiliates or to a successor-in-interest in connection with a merger, acquisition, corporate reorganization, or a sale of all or substantially all of Lifetouch’s assets.