PHOTO MY TOKYO
TERMS AND CONDITIONS
Last Updated: [2026/02/13]
1. Acceptance of Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between the individual or entity making a booking (“Client”) and Photo My Tokyo (“Company,” “we,” “us,” or “our”).
By submitting a booking request, making payment, or participating in a photography session, the Client acknowledges that they have read, understood, and agreed to be bound by these Terms in their entirety.
If the Client does not agree with any provision contained herein, the Client must not proceed with booking or participating in any services offered by the Company.
The Company reserves the right to amend, modify, or update these Terms at its sole discretion. The version in effect at the time of booking shall govern that booking.
2. Scope of Services
The Company provides professional photography services, including but not limited to portrait sessions, couple sessions, family sessions, and destination photography within Japan.
All services are provided subject to photographer availability, location access permissions, weather conditions, and other logistical considerations.
The Company reserves the right to substitute photographers of equivalent professional standard when necessary.
3. Booking and Formation of Contract
A binding agreement is formed only when:
The Client submits all required booking information;
Payment (deposit or full payment, as applicable) is successfully processed; and
The Company issues written confirmation via email.
The Company reserves the right to decline or cancel a booking request prior to confirmation for any lawful reason.
4. Pricing and Payment Terms
All prices are displayed and charged exclusively in Japanese Yen (JPY). No other currency is accepted or processed.
The Client acknowledges and agrees that:
· Any currency conversion performed by their financial institution is outside the Company’s control.
· The Company shall not be responsible for exchange rate differences, foreign transaction fees, or bank charges incurred by the Client.
· Payment processing fees imposed by third-party processors (including but not limited to Stripe, Square or PayPal) are non-refundable.
A booking is not confirmed until payment has been successfully processed and written confirmation has been issued.
5. Cancellations and Refund Policy
5.1 Client-Initiated Cancellation
Cancellations are permitted only if requested more than seventy-two (72) hours before the scheduled session start time.
· Cancellation requested more than 72 hours before session: Full refund.
· Cancellation requested within 72 hours and 24 hours of session start: Partial refund
· Cancellation requested within 24 hours of session start or failure to attend (no-show): No refund.
All cancellation requests must be submitted in writing via email.
Refunds shall be issued to the original payment method within a reasonable processing period (typically 7–14 business days).
5.2 Extreme Weather Policy
Photography services are subject to environmental conditions.
“Extreme weather” shall include, but not be limited to:
· Typhoons
· Severe storms
· Government-issued severe weather warnings
· Dangerous wind conditions
· Flood advisories
· Earthquake-related disruption
· Public transportation shutdowns due to weather
In cases of extreme weather rendering the session unsafe or impracticable, such cancellation shall be treated as a Company-initiated cancellation, and the Client shall be offered:
· Rescheduling at no additional cost; or
· A full refund.
Light rain, overcast skies, seasonal heat, cold temperatures, or standard climate variability shall not constitute extreme weather.
The Company retains sole discretion in determining whether conditions meet the threshold of extreme weather.
6. Rescheduling
One rescheduling request may be accommodated without penalty if made more than seventy-two (72) hours in advance, subject to photographer availability.
Additional rescheduling requests may be denied or may incur additional fees.
7. Weather and Environmental Conditions
Outdoor photography is inherently subject to weather variability.
The Company retains sole discretion in determining whether weather conditions render a session unsafe or impractical.
Light rain, cloud cover, or seasonal climate conditions shall not automatically constitute grounds for cancellation or refund.
8. Session Conduct and Timing
The photography session shall commence at the scheduled start time.
Client lateness shall not extend the agreed session duration unless expressly agreed by the photographer.
If the photographer arrives late due to unforeseen circumstances, reasonable efforts shall be made to extend the session accordingly.
The Company reserves the right to terminate a session without refund in cases involving:
Unsafe conduct
Illegal activity
Harassment or abusive behavior
Requests for inappropriate or unlawful content
9. Artistic Discretion and Delivery
Final edited images shall be delivered:
· In most cases, within seven (7) business days;
· In special circumstances (including special sessions, high season, complex edits, or unforeseen operational delays), within nine (9) business days.
Delivery timelines are estimates and not guarantees.
The Client acknowledges that editing style, color grading, composition, cropping, and creative direction are determined solely by the Company.
RAW files and unedited images shall not be delivered under any circumstances.
10. Copyright and Intellectual Property
All photographs, digital negatives, and derivative works remain the exclusive intellectual property of the Company under copyright law and applicable international treaties.
Upon full payment, the Client is granted a non-exclusive, perpetual license for personal use only.
Commercial use is strictly prohibited without prior written authorization.
Commercial use includes, but is not limited to:
· Advertising
· Brand endorsements
· Business websites
· Influencer partnerships
· Sponsored content
· Product promotion
· Monetized social media
The Company reserves the right to pursue unauthorized commercial usage.
11. Promotional Use and Model
Unless the Client provides written notice prior to or on the day of the session requesting confidentiality, the Client grants the Company the irrevocable right to use images for lawful promotional and commercial self-marketing purposes, including but not limited to:
· Portfolio display (online and offline)
· Website publication
· Social media promotion
· Paid digital advertising campaigns
· Print marketing materials
· Trade exhibitions
· Business presentations
· Media features
· Press releases
· Partnerships promoting the Company’s services
Such usage shall be limited to promoting the Company’s photography services and shall not involve resale of the images to unrelated third parties.
The Company shall not use images in a defamatory, misleading, or unlawful manner.
Clients may opt out of promotional usage by written notice prior to or on the day of the session.
12. Independent Contractor Clause
Photographers engaged by the Company operate as independent contractors.
Nothing in these Terms shall be construed to create:
· An employer-employee relationship;
· A partnership;
· A joint venture; or
· An agency relationship between the Client and any individual photographer.
All contractual obligations are between the Client and Photo My Tokyo as the booking entity.
The Company retains full responsibility for coordinating service delivery.
13. Limitation of Liability
To the fullest extent permitted by law:
· The Company shall not be liable for indirect, incidental, special, consequential, or punitive damages.
· The Company’s maximum aggregate liability shall not exceed the total amount paid for the specific session.
The Company shall not be liable for:
· Third-party interference
· Loss of digital files due to unforeseeable technological failure despite reasonable backup procedures
· Public space restrictions
· Acts of governmental authorities
Nothing in these Terms excludes liability where such exclusion is prohibited by law.
14. Assumption of Risk
The Client acknowledges that photography sessions may occur in public or semi-public environments and may involve:
· Walking on uneven terrain
· Stairs, sidewalks, parks, or historical areas
· Variable sunlight intensity and glare
· Sudden changes in weather
· Heat exposure or cold temperatures
· Crowded public areas
· Interaction with members of the public
· Transportation between locations
The Client voluntarily assumes all ordinary and foreseeable risks associated with participation.
The Client is responsible for:
· Wearing appropriate footwear
· Managing hydration and sun exposure
· Supervising minors
· Safeguarding personal belongings
The Company shall not be responsible for injuries, discomfort, sunburn, fatigue, or incidental harm unless caused by gross negligence or willful misconduct.
15. Data Protection and Privacy
The Company collects and processes personal information solely for legitimate business purposes, including booking administration and service delivery.
The Company does not sell personal data.
Clients may request access, correction, or deletion of personal information by contacting contact@photomytokyo.com.
Personal data shall be retained only as long as necessary to fulfill operational or legal obligations.
16. Payment Disputes and Chargeback
By completing payment, the Client agrees not to initiate chargebacks, payment reversals, or disputes with their financial institution or payment processor without first contacting the Company in writing to seek resolution.
In the event of a payment dispute, the Company reserves the right to provide:
Booking confirmation records
Email correspondence
Timestamped communication logs
Delivery confirmation records
License agreement documentation
Proof of service performance
Initiating a fraudulent chargeback after services have been rendered or images delivered constitutes breach of contract.
The Company reserves the right to pursue recovery of:
The disputed amount
Administrative costs
Payment processor dispute fees
Collection costs where legally permissible
Nothing herein limits the Client’s statutory consumer rights under applicable law.
17. Data Protection and GDPR Compliance
The Company processes personal data in accordance with:
Japan’s Act on the Protection of Personal Information (APPI); and
Where applicable, the General Data Protection Regulation (GDPR) for EU/EEA residents.
For EU/EEA Clients:
The legal basis for processing is performance of contract (Article 6(1)(b) GDPR).
Data collected includes contact information and booking details necessary for service fulfillment.
Personal data is not sold to third parties.
Data may be transferred internationally (including to Japan), which is recognized by the European Commission as providing adequate data protection safeguards.
EU/EEA Clients have the right to:
Access their personal data
Request correction
Request deletion
Object to processing
Lodge a complaint with a supervisory authority
Requests may be submitted to: contact@photomytokyo.com
Data shall be retained only as long as reasonably necessary for contractual and legal obligations.
18. U.S. Privacy Rights Disclosure
To the extent applicable under U.S. state privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), U.S.-based Clients may have certain rights regarding their personal information.
These may include the right to:
· Request access to personal information collected;
· Request correction of inaccurate personal information;
· Request deletion of personal information;
· Request disclosure of categories of data collected and purposes of use;
· Opt out of the sale of personal information (the Company does not sell personal data).
The Company does not engage in the sale of personal information as defined under applicable U.S. state law.
Requests may be submitted to: contact@photomytokyo.com
The Company reserves the right to verify identity before fulfilling such requests.
19. Indemnification
The Client agrees to indemnify, defend, and hold harmless Photo My Tokyo, its owners, directors, contractors, photographers, affiliates, and representatives from and against any and all claims, liabilities, damages, losses, expenses, and costs (including reasonable legal fees) arising out of or related to:
The Client’s breach of these Terms;
The Client’s misuse of delivered images;
Any unauthorized commercial use of images;
The Client’s negligent or unlawful conduct during the session;
Any third-party claims resulting from the Client’s actions.
This indemnification obligation shall survive termination or completion of the services.
20. Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
The invalid provision shall be interpreted or modified to the minimum extent necessary to make it enforceable while preserving its original intent as closely as possible.
21. Waiver
Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
No waiver shall be effective unless made in writing and signed by an authorized representative of the Company.
22. Entire Agreement
These Terms constitute the entire agreement between the Client and the Company regarding the services provided.
They supersede all prior communications, representations, discussions, or agreements, whether written or oral.
No modification to these Terms shall be valid unless made in writing by the Company.
23. Assignment
The Client may not assign or transfer any rights or obligations under these Terms without prior written consent of the Company.
The Company may assign its rights or obligations to affiliated entities or successors in the event of restructuring, merger, or business transfer.
24. Dispute Resolution and Escalation Procedure
Before initiating formal legal proceedings, the Client agrees to first contact the Company in writing to attempt a good-faith resolution of any dispute.
The parties shall attempt to resolve disputes through informal negotiation for a period of at least fourteen (14) days.
Nothing herein prevents the Company from seeking immediate injunctive relief in cases involving intellectual property infringement or fraudulent chargebacks.
25. Electronic Communications and Digital Acceptance
The Client agrees that:
Electronic communications, emails, booking confirmations, and digital invoices constitute valid written communication.
Electronic acceptance of these Terms via website booking constitutes a legally binding agreement.
Digital signatures and online confirmations shall be considered equivalent to physical signatures.
26. No Partnership or Agency
Nothing in these Terms shall be construed to create:
A partnership,
Joint venture,
Agency relationship,
Employment relationship,
between the Client and the Company beyond the independent contractor clause previously defined.
27. Survival
Provisions relating to:
Intellectual property,
Promotional use,
Limitation of liability,
Indemnification,
Chargebacks,
Governing law,
shall survive completion, cancellation, or termination of the services.
28. Location Access and Public Space Disclaimer
Photography sessions are conducted in public or publicly accessible locations unless otherwise agreed.
The Client acknowledges and agrees that:
The Company does not guarantee exclusive access to any public location.
Public areas may contain tourists, pedestrians, vehicles, construction, temporary closures, or other third-party presence.
The Company does not guarantee the absence of background individuals or environmental elements.
Government restrictions, local regulations, temple or shrine rules, or private property limitations may restrict photography activities without prior notice.
If access to a planned location becomes restricted, unavailable, or prohibited due to factors beyond the Company’s control, the Company reserves the right to select an alternative nearby location of comparable aesthetic value.
Such substitution shall not constitute breach of contract.
29. Permits and Local Regulations
Certain locations within Japan may require photography permits.
Unless expressly stated in writing, the Company’s services do not include obtaining special commercial permits for restricted locations.
The Client understands that:
Some temples, shrines, gardens, or private properties may prohibit professional photography.
Security personnel or property managers may request cessation of photography.
In such cases, the photographer will comply with lawful instructions and relocate as necessary.
No refund shall be issued solely due to location restrictions outside the Company’s control.
30. Travel Disruption Clause
The Company shall not be liable for session disruption or cancellation due to:
Client flight delays
Missed trains
Public transportation disruption
Immigration delays
Health-related travel interruption
Clients are strongly advised to avoid booking sessions on the same day as their international arrival.
Failure to attend due to travel disruption shall be treated as a no-show under the Cancellation Policy.
31. Digital File Retention Policy
The Company maintains secure backup storage of original RAW files and edited files for a limited period consistent with industry standards.
The Client acknowledges that:
RAW files are retained for approximately thirty (30) days after delivery of final edited images.
After this period, the Company may permanently delete RAW files without notice.
Edited final images may be retained longer for archival purposes, but are not guaranteed to be stored indefinitely.
The Client is solely responsible for downloading and securely backing up delivered images upon receipt.
The Company shall not be liable for data loss after the retention period has expired.
32. Digital Delivery and Technology Limitation
Delivery of images is conducted electronically via a secure online gallery or download link.
The Company is not responsible for:
Client failure to download files;
Expired download links after reasonable notice;
Compatibility issues arising from outdated software or devices;
Internet connectivity failures on the Client’s side.
Proof of delivery includes system-generated download logs and timestamped transmission records.
33. Social Media Tagging and Brand Attribution
The Client may tag Photo My Tokyo on social media when sharing images, but is not obligated to do so.
The Client shall not:
Remove watermarking if applied;
Apply filters that substantially alter the artistic integrity of the image in a misleading manner;
Use the images in association with illegal or defamatory content.
The Company reserves the right to request removal of images used in violation of these Terms.
34. No Guarantee of Specific Environmental Conditions
The Client acknowledges that the Company cannot guarantee:
Cherry blossoms in bloom;
Autumn foliage conditions;
Snow presence;
Specific sunlight angles;
Crowd levels;
Clear views of landmarks;
Absence of scaffolding, maintenance work, or construction.
Seasonal and environmental variability is inherent to outdoor photography and shall not constitute grounds for refund or dispute.
35. Fraud Prevention and Abuse of Policy
The Company reserves the right to deny future bookings to Clients who:
Initiate unjustified chargebacks;
Abuse refund policies;
Engage in threatening or coercive communication;
Attempt to obtain free services through payment disputes.
Documentation may be retained for legal defense purposes.
36. Intellectual Property Enforcement
Unauthorized commercial use, resale, reproduction, or distribution of images constitutes copyright infringement.
The Company reserves the right to pursue legal remedies, including statutory damages and injunctive relief where available.