Terms and Conditions
Bradley Alan Creative, LLC d/b/a The FlashBar Photo Co. | Last updated August 1, 2026
These Terms and Conditions ("Terms") govern your use of www.theflashbar.com (the "Site") and are entered into between Bradley Alan Creative, LLC, doing business as The FlashBar Photo Co. ("FlashBar," "we," "us," or "our"), and you.
Please read these Terms in their entirety. They constitute a binding legal agreement.
Two related documents apply alongside these Terms. Our Privacy Policy, available at www.theflashbar.com/privacy-policy, governs our collection and use of personal information. Our Event Policies, available at www.theflashbar.com/event-policies, set out the obligations of clients who have engaged us to provide services at an event.
If you have entered into a signed event/service agreement with FlashBar, that agreement and its accompanying event schedule govern your engagement. In the event of any conflict between these Terms and a signed agreement, the signed agreement controls.
1. Acceptance of These Terms
By accessing the Site, submitting a form, requesting information, or accessing a gallery hosted by us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the Site.
The Site is intended for adults. You must be at least eighteen (18) years of age to submit information through the Site, engage our services, or enter into any agreement with us.
2. Privacy
Our collection, use, and disclosure of personal information is described in our Privacy Policy, available at www.theflashbar.com/privacy-policy. The Privacy Policy is incorporated into these Terms by reference and forms a part of them.
3. Intellectual Property
All content appearing on the Site, including photographs, video, graphics, designs, text, layouts, logos, and the The FlashBar Photo Co. name and marks, is the property of Bradley Alan Creative, LLC or is used under license, and is protected by United States copyright and trademark law.
We grant you a limited, non-exclusive, non-transferable, revocable license to view, download, and print Site content solely for your personal, non-commercial use. Except as expressly permitted in these Terms or authorized by us in writing, you may not copy, reproduce, republish, frame, transmit, modify, rent, lease, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works from the Site or its contents.
The Site includes tools that facilitate sharing our content on third-party social media platforms. Use of those tools constitutes a limited license to republish the applicable content on that platform with attribution to us. It does not constitute a waiver of any of our rights and does not grant any license to use our trademarks, service marks, or logos for any other purpose.
4. Event Photographs
FlashBar retains ownership of all intellectual property in photographs and other works created in the course of providing services, including works created using FlashBar equipment.
FlashBar grants to the client and the client's guests a non-exclusive, non-transferable, paid-up license to display such photographs in their original form, in any media throughout the world, for personal use and for marketing purposes relating to the event. This license does not permit alteration of the images, removal of FlashBar branding or attribution, or representation of the work as that of another party.
Any other use, including use by a venue, planner, publication, or other vendor in its own advertising or promotional materials, requires our prior written permission. Requests may be directed to the contact address at the end of these Terms.
FlashBar reserves the right to publish photographs and other materials created in connection with an event, and to identify the client by name, in its own advertising and promotional materials. Trademarks and copyrights appearing in such materials are attributed to their respective owners.
5. Requests to Remove an Image
If you appear in a photograph created by FlashBar and do not wish for it to be used publicly, you may submit a request to hello@theflashbar.com identifying the event, the date, and the photograph in question. We will remove the image from our public channels. No explanation is required.
Online galleries are unlisted but are accessible to any person holding the gallery link, and event hosts frequently distribute that link. Gallery links should be treated accordingly. We are not responsible for the further distribution or use of photographs by any person to whom a gallery link has been provided.
6. User-Submitted Content
By submitting a review, comment, photograph, or other material to us or through the Site ("User Content"), you grant us a non-exclusive, royalty-free, worldwide license to copy, reproduce, distribute, display, and create derivative works from that material for advertising, marketing, and other lawful business purposes. You retain ownership of your User Content.
You may withdraw this license at any time by written request to hello@theflashbar.com, effective as to future use. We may continue to use User Content already incorporated into printed materials, published posts, or other media where withdrawal is not reasonably practicable.
You represent and warrant that you hold all rights necessary to grant this license and that your User Content does not infringe the rights of any third party.
7. Acceptable Use
You agree to use the Site only for lawful purposes. You shall not submit, post, transmit, or otherwise make available any material that is threatening, defamatory, abusive, harassing, obscene, hateful, or otherwise objectionable; that advocates or encourages conduct constituting a criminal offense or giving rise to civil liability; or that constitutes an unsolicited advertisement or solicitation.
You further agree not to violate or attempt to violate the security of the Site, including by accessing data or accounts not intended for you; probing, scanning, or testing the vulnerability of the Site or any associated system or network; interfering with service to any user, host, or network, including by flooding, spamming, or transmitting malicious code; or attempting to reverse engineer, decompile, or disassemble any source code used in connection with the Site.
Any violation of system or network security may result in civil and criminal liability. We will cooperate fully with law enforcement authorities in the investigation of any suspected violation.
8. Testimonials
The Site may feature testimonials from time to time. Such testimonials reflect the individual experiences and opinions of the persons providing them. They are examples only and are not a guarantee that any other client will have the same or a similar experience.
9. Third-Party Links, Vendors, and Referral Relationships
The Site may contain links to third-party websites, social media platforms, venues, planners, and other vendors. Such links are provided for convenience and information only and do not constitute an endorsement. We do not control those sites and make no warranty, express or implied, as to their content, availability, accuracy, or privacy practices. Upon following such a link, you leave the Site and the terms and privacy policy of the third party govern.
We may maintain referral, preferred-vendor, or partner relationships with businesses referenced on the Site, and may receive compensation or reciprocal referrals as a result. You must exercise your own judgment in determining whether to engage any third party. We shall have no liability in the event you engage a third party and are dissatisfied, and you agree to indemnify and hold us harmless in that circumstance.
10. Disclaimer of Warranties
Information on the Site is believed to be accurate when published. We do not warrant or represent that such information is or will remain current, accurate, or complete, and we are not responsible for errors or omissions in Site content or in materials transmitted by email. Pricing, packages, availability, and equipment are subject to change without notice.
Your use of the Site and any download of materials from it is undertaken at your own discretion and risk, and you are solely responsible for any resulting damage to your device or loss of data.
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AND INCLUDING IN CASES OF NEGLIGENCE, NEITHER FLASHBAR NOR ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR PARTNERS SHALL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT; THE ACTS OR STATEMENTS OF ANY THIRD PARTY ON OR THROUGH THE SITE; ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; ANY MESSAGE OR FILE SENT, RECEIVED, OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR IMAGES; OR ANY LOSS OF INCOME, REVENUE, SALES, CLIENTS, OR GOODWILL.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500 USD).
The foregoing limitation applies to use of the Site. Liability arising from services performed at an event is governed by the applicable signed event agreement.
Certain jurisdictions do not permit the exclusion of specified warranties or the limitation of certain damages. Where such restrictions apply, our liability is limited to the greatest extent permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless FlashBar and its members, officers, employees, contractors, agents, and partners from and against any claim, demand, cause of action, liability, cost, or expense, including reasonable attorneys' fees, arising from or relating to your use of the Site or its content, any User Content you submit, or your acts or omissions in connection with the Site.
In the event we are required to defend any action directly or indirectly involving you, you agree to provide, at no charge to us, any documents, testimony, evidence, or other information reasonably useful to our defense.
13. Termination
We reserve the right to suspend or terminate your access to the Site, in whole or in part, at any time and for any reason, without notice. Provisions that by their nature should survive termination, including those governing intellectual property, disclaimer of warranties, limitation of liability, indemnification, and governing law, shall survive.
14. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of laws principles. The state and federal courts located in Jefferson County, Alabama shall have exclusive jurisdiction over any dispute arising from or relating to the Site, its content, or these Terms. You submit to the exclusive jurisdiction and venue of those courts and waive any objection based on forum non conveniens.
In the event we are required to pursue a claim for breach of these Terms, whether by negotiation, mediation, arbitration, or litigation, we shall be entitled to recover our reasonable attorneys' fees and costs.
Disputes arising out of or relating to a signed event agreement are governed by the dispute resolution provisions of that agreement, which provide for mediation and, if necessary, binding arbitration in Birmingham, Alabama.
15. General Provisions
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. Our failure to enforce any provision shall not constitute a waiver of that provision or of any other provision.
You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms without restriction. Section headings are for convenience only and do not affect interpretation.
We reserve the right, in our sole discretion, to modify, add to, or remove portions of these Terms at any time without individual notice. Such changes are effective upon posting of the revised Terms, and the date of last revision appears at the top of this page. Your continued use of the Site following any change constitutes acceptance of the revised Terms. We recommend reviewing these Terms periodically.
16. Contact
Questions or concerns regarding these Terms and Conditions may be directed to:
Bradley Alan Creative, LLC d/b/a The FlashBar Photo Co.
Birmingham, AL 35244