Privacy Policy
Privacy Policy & Terms of Service For Sauter Studio
Erie County, Buffalo, NY Effective Date: May 29, 2026
At Sauter Studio, we are committed to protecting your privacy. This policy outlines how we collect, use, and safeguard your information when you visit our website or use our services.
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THE QUICK SUMMARY (TL;DR)
Please read our full 17-section Legal Notice (Terms of Service & Privacy Policy) below.
Our Commitment to You: Sauter Studio is a professional photography enterprise based in Buffalo, NY. We prioritize the safety of student-athletes and the security of your data. By using this site, you agree to the following:
The Essentials: > * Public Galleries: Our sports galleries are generally public. By participating in these events, you acknowledge that images are visible to the general public.
No Stealing: Screenshotting or using unpurchased images is a material breach of contract and may carry a $250 penalty.
Money Matters: Retainers are non-refundable, and we maintain a "No Pay, No Play" policy for image releases.
Minor-Owned Business: This studio is operated by a minor under the direct supervision of legal Custodians.
Third-Party Tech: we use Pixieset, Stripe, and Google. Their privacy rules apply to you, and we aren't liable for their technical glitches.
Local Rules: Any legal disputes must be handled individually in Erie County, NY. We are not liable for delays caused by Buffalo-specific events like blizzards or travel bans.
SECTION-BY-SECTION OVERVIEW
TABLE OF CONTENTS (OVERVIEW):
PART I: BUSINESS & FINANCIAL TERMS
1. Definitions: Clear terminology for who we are and what we provide.
2. Agreement & Capacity: Notice of our minor-owned status and parental oversight.
3. Professional Tools & Cookies: Disclosure of our use of Pixieset, Stripe, and Google.
4. Booking & Financials: Rules on non-refundable retainers and payment finality.
5. Intellectual Property: Strict bans on screenshotting and unauthorized use.
6. Artistic Discretion: Acknowledgment of our editing style and "No RAWs" policy.
7. Delivery & Storage: Timelines and your duty to back up your downloaded files.
PART II: PRIVACY & DATA PROTECTION
8. Your Data Rights: How to request data access and our verification protocols.
9. Liability Limits: Our total financial liability is strictly capped.
10. Protecting the Studio: Your duty to pay our legal costs if you misuse our content.
11. Minor & Public Safety: Special rules for student-athletes and public galleries.
PART III: LEGAL PROTOCOLS & GOVERNANCE
12. Unforeseen Events: Protections for "Acts of God" and Buffalo blizzards.
13. Physical Security: Disclosure of residential record storage risks.
14. Disputes & Venue: Mandatory Erie County, NY jurisdiction; No Jury/Class Actions.
15. Communication: Formal email protocols and social media boundaries.
16. Updates & Validity: Our right to change terms and the "Blue Pencil" rule.
17. Final Acknowledgment: Your use of the site counts as a legal signature.
1. Definitions
To preclude any alternative interpretation, ambiguity, or "wiggle room" in a legal proceeding, the following terms are strictly defined as follows:
"Sauter Studio": Refers to the business entity, its minor owner, and its legal parental custodians/guardians, acting jointly and severally. This definition extends to any heirs, successors, or assigns (herein referred to as "the Studio," "we," "us," or "our").
"The Platform": Refers to the collective digital environment hosted at sauterstudio.com, including all subdomains, password-protected client galleries, metadata, digital assets, and all associated electronic communication channels utilized by the Studio.
"User/Client": Refers to any individual, legal entity, or automated "bot/crawler" accessing the Platform. This includes any parent or guardian accessing the platform on behalf of a minor (herein referred to as "you" or "your").
"Personal Data": Refers to any information that identifies or can be used to identify a specific individual, including but not limited to: names, email addresses, billing addresses, IP addresses, device identifiers, and photographic likenesses.
"Third-Party Processors": Refers to independent, external entities utilized by the Studio to facilitate operations, including, BUT NOT LIMITED TO: Pixieset Media Inc. (hosting/galleries), Stripe Inc. (payment gateway), Google LLC (analytics/SEO), and any other Software-as-a-Service (SaaS) providers.
2. Agreement & Capacity
2.1 CONSPICUOUS NOTICE OF TERMS: This Platform is provided to you conditioned upon your acceptance of these terms. Your act of accessing, viewing, browsing, or otherwise interacting with any portion of the Platform constitutes your acknowledgment that you have been provided with CONSPICUOUS NOTICE of these terms.
2.2 VOLUNTARY MANIFEST OF ASSENT: Sauter Studio is a private creative enterprise. Continued interaction with the Platform serves as your voluntary manifest of assent to be bound by every provision herein. If you do not agree to these terms, you have the meaningful choice to decline the use of this Platform and seek alternative photography services. Use of the Platform after notice of these terms is an irrevocable waiver of any claim that these terms were not agreed to.
2.3 REPRESENTATION OF CAPACITY: The User represents and warrants that they possess the legal capacity to enter into this agreement. If the User is accessing this Platform on behalf of a minor, they represent that they are the legal parent or guardian and expressly provide substitute consent to these terms on behalf of said minor.
2.4 DISCLOSURE OF BUSINESS STRUCTURE & CUSTODIANSHIP: Notice is hereby provided that Sauter Studio is a creative enterprise where the primary creative execution is performed by a minor. However, for all legal, financial, and contractual purposes, the business is operated under the direct authority and legal responsibility of the minor’s parental guardians (the "Custodians").
2.5 BINDING NATURE OF AGREEMENT: By accessing the Platform or booking a session, the User acknowledges they are entering into a binding agreement with the Custodians. The User expressly waives any right to claim the contract is voidable under the "Infancy Defense," acknowledging that the Custodians provide the necessary legal capacity to uphold all terms and obligations herein.
3. Professional Tools & Cookie Consent
DISCLOSURE OF THIRD-PARTY INFRASTRUCTURE AND TECHNOLOGY LIMITATIONS
3.1 ABSOLUTE DEPENDENCY ACKNOWLEDGMENT: The User expressly acknowledges that Sauter Studio is a creative enterprise that utilizes third-party Software-as-a-Service (SaaS) providers to facilitate digital operations. This Platform is built upon the infrastructure of external entities, including, BUT NOT LIMITED TO: Pixieset Media Inc. (hosting/galleries), Stripe Inc. (payment gateway), and Google LLC (analytics/SEO).
3.2 INCORPORATION OF THIRD-PARTY TERMS: By accessing this Platform, the User expressly acknowledges and agrees that their use is also governed by the respective Terms of Service, Privacy Policies, and End User License Agreements of these third-party providers. YOU HEREBY AGREE TO BE BOUND BY SAID THIRD-PARTY TERMS, and you acknowledge that it is your sole responsibility to review them.
A. Hosting and Client Galleries (Pixieset): Our website and digital galleries are hosted by Pixieset. When you access a gallery, Pixieset may collect your IP address, device information, and email address (for gallery access and download tracking). This data is used to ensure the secure delivery of your images. You may review at pixieset.com for further details.
B. Payment Processing (Stripe): All financial transactions are processed securely through Stripe. Sauter Studio does not see, store, or have access to your full credit card information. Stripe collects necessary billing details (name, address, and payment method) to fulfill orders and prevent fraudulent activity. Please refer to stripe.com for their data handling practices.
C. Website Analytics (Google Analytics & Search Console): We use Google Analytics to monitor website traffic and user behavior. This service uses cookies to collect anonymous data, such as browser type and time spent on site, helping us improve our website performance. We also use Google Search Console to monitor site health and visibility. You can learn more about Google's practices at policies.google.com/privacy or opt out via tools.google.com/dlpage/gaoptout."
3.3 TOTAL ABSENCE OF ADMINISTRATIVE CONTROL: The User understands and agrees that Sauter Studio possesses ZERO administrative control, ownership, or oversight regarding the internal security architecture, encryption protocols, server maintenance, or data storage methodologies of these third-party entities. Consequently, the Studio provides no warranty that these external services will be uninterrupted, error-free, or secure.
3.4 TECHNICAL EXECUTION OF COOKIES: You specifically acknowledge that Sauter Studio does not manually manage, toggle, or control the backend cookie-blocking scripts. The technical execution of "Accept" or "Decline" selections is performed exclusively by automated Pixieset protocols. The Studio is not liable for "cookie leaks," script execution errors, or failures of the third-party software to honor user preferences.
3.5 REDIRECT OF REMEDY: The User agrees that any legal remedy, recovery, or claim for losses incurred via these third-party platforms (including data breaches or payment errors) shall be sought EXCLUSIVELY against the respective platform provider and not against Sauter Studio or its legal Custodians. You hereby waive the right to join the Studio as a defendant in any action against these third parties.
4. Booking & Financials:
4.1 NON-REFUNDABLE RETAINER REQUIREMENT: To secure a specific date and time on the Studio’s calendar, the User must pay a 50% Non-Refundable Retainer. You acknowledge that this fee is not a deposit toward the final total, but is earned by the Studio upon receipt to cover administrative setup and the "opportunity cost" of refusing other clients for your scheduled slot.
4.2 BALANCE DUE AND RELEASE OF CONTENT: The remaining balance is due in full prior to the commencement of the session or the release of any digital galleries. Sauter Studio maintains a strict "No Pay, No Play" policy: No images, watermarked or otherwise, will be released until the financial balance is zeroed.
4.3 CHARGEBACK ESTOPPEL: By purchasing from this Platform, you acknowledge the "Digital Nature" of the goods. You expressly waive any right to initiate a credit card "chargeback" for services rendered or digital files delivered.
4.3.1 The Informal Resolution Path: In the event of a financial disagreement or technical error, the User agrees to first attempt an informal resolution by contacting the Studio via the protocols in Section 15.
4.3.2 The Formal Path: If an informal resolution cannot be reached within thirty (30) days, the Studio reserves the right to require that the matter be moved to the formal, mandatory mediation and jurisdiction protocols outlined in Section 14.
4.4 SALES TAX DISCLOSURE: In accordance with New York State and Erie County tax regulations, photography services and digital/physical products are subject to sales tax. All prices listed on the Platform are exclusive of such taxes. The prevailing Erie County sales tax rate (currently 8.75%) will be calculated and added to the final invoice or checkout total.
5. Intellectual Property:
INTELLECTUAL PROPERTY AND "ANTI-THEFT" PROTOCOLS
5.1 STATUTORY COPYRIGHT OWNERSHIP: Pursuant to Title 17 of the U.S. Code, Sauter Studio is the sole author and exclusive owner of the copyright to every image captured. Your payment grants you a "Limited Personal Use License" only.
5.2 SCREENSHOTTING AS MATERIAL BREACH: The act of "screenshotting," "screen recording," or otherwise capturing watermarked or unpurchased images from this Platform is a Material Breach of Contract and a violation of the DMCA.
Liquidated Damages: If you are found to have used a screenshotted or unlicensed image, you agree that the Studio may charge the User the Full Retail Price of the image plus a $250.00 Administrative Penalty per image to cover the costs of copyright enforcement.
5.3 NO DERIVATIVE WORKS: You are strictly prohibited from altering the images (including but not limited to: AI "Upscaling," applying social media filters, or removing/cropping the Studio’s watermark).
6. Artistic Discretion
6.1 PORTFOLIO ACKNOWLEDGMENT: You warrant that you have reviewed the Studio’s public portfolio and have hired us specifically for our artistic vision.
6.2 EDITING FINALITY: The Studio maintains absolute and final control over which images are selected for the final gallery and how they are edited. WE DO NOT PROVIDE RAW OR UNEDITED FILES.
No Refunds for Artistic Preference: Dissatisfaction with the Studio’s "Artistic Choice" (including lighting, composition, or editing style) is subjective and does not constitute a breach of contract or grounds for a refund.
7. Delivery & Storage
7.1 INDIVIDUAL DELIVERY WINDOWS: Each specific booking or service agreement includes an Estimated Delivery Window. This window is calculated based on the complexity of the shoot and the current seasonal volume. The Client acknowledges that this window is a good-faith target provided at the time of booking.
7.2 ESTIMATED TIMELINES VS. GUARANTEES: While we strive to meet the individual delivery window (typically 3–10 business days), the User acknowledges that these are estimates, not strict deadlines. During "Peak Sports Seasons" or following large-scale tournaments, delivery may extend to twenty-one (21) business days. Under New York law, "Time is not of the essence" for delivery unless a specific "Guaranteed Rush Fee" has been paid and documented in writing.
7.3 CLIENT DUTY TO DOWNLOAD AND BACKUP: Digital galleries are hosted via Pixieset as a temporary convenience (minimum of 30 days from the date of delivery). UPON DELIVERY OF THE DOWNLOAD LINK VIA EMAIL, THE BURDEN OF DATA INTEGRITY AND SAFETY SHIFTS ENTIRELY TO THE USER.
7.4 LIMITATION ON STORAGE LIABILITY: Sauter Studio is a creative service, not a permanent cloud storage provider. We are not liable for files that are lost, deleted, or corrupted due to the User’s failure to download, or due to third-party server failures, after the initial successful delivery. YOU ARE STRONGLY ADVISED TO STORE YOUR PURCHASED IMAGES IN AT LEAST TWO (2) PHYSICAL OR CLOUD LOCATIONS IMMEDIATELY UPON RECEIPT. While the Studio reserves the right to deny recovery requests for lost files after the 30-day window, we may, at our sole discretion, assist with file recovery that may be subject to an administrative search fee.
8. Your Data Rights
DATA SUBJECT RIGHTS, VERIFICATION PROTOCOLS, AND RETENTION
8.1 THEORETICAL GRANT OF RIGHTS: Sauter Studio acknowledges that under the New York SHIELD Act and associated privacy frameworks, certain "Covered Users" may possess qualified rights to access, rectify, or request the erasure of specific "Private Information." These rights are not absolute and are strictly subject to the Studio’s verification protocols and statutory retention obligations.
8.2 MANDATORY VERIFIED REQUEST PROTOCOL: To prevent unauthorized data disclosure and protect the privacy of all student-athletes, the Studio will NOT act upon any request for data access, portability, or erasure that cannot be authenticated.
A. Written Submission: All requests must be submitted exclusively via email to sauterstudio@gmail.com.
B. Identity Authentication: The requester must provide: (i) a valid, government-issued photo identification; (ii) proof of ownership of the email address or device IP associated with the data; and (iii) where the data pertains to a minor, verifiable proof of legal guardianship.
C. Right of Refusal: The Studio reserves the absolute right to deny any request that fails to satisfy these stringent authentication standards.
8.3 DOCTRINE OF TECHNICAL IMPOSSIBILITY: The User acknowledges that the Studio possesses zero technical capacity to modify or erase data maintained within the proprietary, encrypted server architectures of Third-Party Processors (e.g., Stripe, Google). Our legal obligation for data erasure is deemed fully satisfied upon the deletion of records within our immediate administrative dashboard.
8.4 STATUTORY RIGHTS OF DATA RETENTION: NOTWITHSTANDING A VALID REQUEST FOR ERASURE, SAUTER STUDIO RESERVES THE IRREVOCABLE RIGHT TO RETAIN SPECIFIC PERSONAL DATA WHERE SUCH RETENTION IS "STRICTLY NECESSARY" FOR:
A. Legal & Regulatory Compliance: Fulfilling tax obligations under New York State Tax Law (e.g., transaction receipts).
B. Defense of Legal Claims: Maintaining evidence for potential litigation, audits, or insurance claims.
C. Completion of Transaction: Fulfilling the specific service for which the data was collected.
8.5 ADMINISTRATIVE SURCHARGE: To the extent permitted by law, the Studio reserves the right to charge a reasonable administrative fee for the technical and legal labor required to process repetitive or "manifestly unfounded" data requests.
8.6 DATA BREACH NOTIFICATION: Pursuant to the New York SHIELD Act (NYS Gen. Bus. Law § 899-bb), Sauter Studio maintains reasonable administrative and technical safeguards. In the event of a "Breach of the Security of the System" involving your "Private Information," the Studio will provide notification to affected individuals as expeditiously as possible and in accordance with the methods prescribed by New York law.
9. Liability Limits
WARRANTY WAIVER AND ABSOLUTE LIMITATION OF LIABILITY
9.1 "AS IS" AND "AS AVAILABLE" WARRANTY WAIVER: THE PLATFORM AND ALL PHOTOGRAPHIC CONTENT, SERVICES, AND DIGITAL ASSETS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAUTER STUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT: (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (II) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.2 TOTAL EXCLUSION OF CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL SAUTER STUDIO, ITS MINOR OWNER, OR ITS LEGAL CUSTODIANS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PLATFORM.
9.3 AGGREGATE LIABILITY CAP: THE TOTAL AGGREGATE LIABILITY OF THE STUDIO PARTIES FOR ANY AND ALL CLAIMS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), SHALL BE STRICTLY LIMITED TO THE TOTAL AMOUNT PAID BY THE USER TO SAUTER STUDIO DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9.4 SOLE REMEDY: IF NO PAYMENTS WERE MADE BY THE USER TO THE STUDIO, THE USER AGREES THAT THEIR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USE OF THE PLATFORM.
9.5 THIRD-PARTY FAULT EXCLUSION: UNDER NO CIRCUMSTANCES SHALL SAUTER STUDIO OR ITS CUSTODIANS BE HELD LIABLE FOR ANY HARM, LOSS, OR DAMAGE ARISING FROM THE ACTIONS, OMISSIONS, SECURITY FAILURES, OR DATA BREACHES OF THIRD-PARTY PROCESSORS (INCLUDING BUT NOT LIMITED TO PIXIESET, STRIPE, OR GOOGLE). ANY LEGAL GRIEVANCE RELATED TO UNAUTHORIZED ACCOUNT ACCESS, PAYMENT PROCESSING ERRORS, OR CLOUD STORAGE FAILURES MUST BE DIRECTED SOLELY TO THE THIRD-PARTY PROVIDER INVOLVED. THE USER HEREBY WAIVES ANY RIGHT TO JOIN SAUTER STUDIO OR ITS CUSTODIANS AS A DEFENDANT OR THIRD-PARTY DEFENDANT IN ANY LEGAL ACTION AGAINST SAID ENTITIES.
10. Protecting the Studio
OMNIBUS INDEMNIFICATION, HOLD HARMLESS, AND MANDATORY DUTY TO DEFEND
10.1 INDEMNITY OBLIGATION: YOU (THE "INDEMNIFYING PARTY") HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SAUTER STUDIO, ITS MINOR OWNER, AND ITS LEGAL CUSTODIANS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, DAMAGES, LOSSES, JUDGMENTS, FINES, PENALTIES, AND EXPENSES. THIS INCLUDES, WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES, EXPERT WITNESS FEES, AND ALL LITIGATION COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
A. BREACH OF AGREEMENT: ANY ACTUAL OR ALLEGED BREACH BY YOU OF ANY PROVISION, WARRANTY, OR COVENANT CONTAINED WITHIN THIS PRIVACY POLICY OR THE LEGAL NOTICE.
B. USER MISCONDUCT: ANY NEGLIGENT, RECKLESS, OR INTENTIONAL ACT OR OMISSION BY YOU, OR ANY PERSON ACCESSING THE PLATFORM THROUGH YOUR ACCOUNT, DEVICE, OR INTERNET CONNECTION.
C. INTELLECTUAL PROPERTY & CONTENT: ANY CLAIM ARISING FROM YOUR UNAUTHORIZED USE, REPRODUCTION, SCREENSHOTTING, DISTRIBUTION, OR ALTERATION OF ANY PHOTOGRAPHIC CONTENT RETRIEVED FROM THE PLATFORM.
D. THIRD-PARTY PRIVACY CLAIMS: ANY CLAIM THAT YOUR ACTIONS (OR THE ACTIONS OF A MINOR UNDER YOUR SUPERVISION) CAUSED DAMAGE, DEFAMATION, OR PRIVACY VIOLATIONS TO A THIRD PARTY, SPECIFICALLY INCLUDING OTHER STUDENT-ATHLETES OR MINORS DEPICTED IN THE GALLERIES.
E. REGULATORY VIOLATIONS: ANY VIOLATION OF LOCAL, STATE, OR FEDERAL LAWS COMMITTED BY YOU IN RELATION TO YOUR USE OF THE PLATFORM.
10.2 INDEPENDENT AND MANDATORY DUTY TO DEFEND: YOUR OBLIGATION TO DEFEND THE STUDIO PARTIES IS A SEPARATE AND INDEPENDENT DUTY FROM YOUR OBLIGATION TO INDEMNIFY. YOU AGREE THAT, UPON WRITTEN DEMAND BY THE STUDIO, YOU SHALL IMMEDIATELY ASSUME THE DEFENSE OF ANY CLAIM OR LEGAL ACTION BROUGHT AGAINST THE STUDIO PARTIES AT YOUR SOLE EXPENSE, USING LEGAL COUNSEL APPROVED BY THE STUDIO’S CUSTODIANS. IF YOU FAIL TO TIMELY ASSUME THIS DEFENSE, THE STUDIO MAY RETAIN COUNSEL AT YOUR EXPENSE, AND YOU SHALL BE LIABLE FOR ALL FEES AS THEY ARE INCURRED.
10.3 SCOPE OF PROTECTION: THIS INDEMNIFICATION APPLIES REGARDLESS OF THE LEGAL THEORY—WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR STATUTORY VIOLATION. THIS PROVISION IS INTENDED TO PROVIDE THE MAXIMUM PROTECTION PERMISSIBLE UNDER THE LAWS OF THE STATE OF NEW YORK.
10.4 SAFETY AND CONDUCT: The Studio reserves the right to terminate any session or event coverage immediately and forfeit all fees paid if the Studio owner or staff feels unsafe, is threatened, or is treated with significant disrespect. This includes, but is not limited to, verbal abuse, physical intimidation, or being asked to operate in dangerous environmental conditions.
10.5 SURVIVAL OF COVENANT: THE PROVISIONS OF THIS SECTION 10 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND YOUR USE OF THE PLATFORM, REMAINING BINDING AND ENFORCEABLE INDEFINITELY.
11. Minor Safety
SPECIAL NOTICE REGARDING PUBLIC GALLERIES AND STUDENT-ATHLETES
11.1 NATURE OF PUBLIC DISPLAY: The User acknowledges that Sauter Studio provides public-facing galleries to facilitate easy access for parents, athletes, and recruiters. THE USER EXPRESSLY ACKNOWLEDGES THAT CONTENT ON THE PUBLIC PORTIONS OF THE PLATFORM IS ACCESSIBLE TO THE GENERAL PUBLIC.
11.2 VOLUNTARY EXPOSURE & ASSUMPTION OF RISK: By participating in a sporting event where Sauter Studio is present, and by failing to request "Opt-Out" status prior to the event, parents and guardians acknowledge that images of the Minor will be hosted in a public forum. THE USER ASSUMES ALL RISKS ASSOCIATED WITH PUBLIC INTERNET EXPOSURE, including the risk of unauthorized third-party downloading, "screenshotting," or social media sharing.
11.3 NO EXPECTATION OF PRIVACY: Consistent with New York State law regarding photography in public places, there is no expectation of privacy for participants in organized sporting events. However, Sauter Studio voluntarily offers a removal protocol as a courtesy to families; such requests must follow the verification process in Section 4.
11.4 INTELLECTUAL PROPERTY PROTECTIONS: Public access DOES NOT constitute a license to use. All public images remain the exclusive intellectual property of Sauter Studio. Unauthorized "scraping," "harvesting," or automated downloading of public galleries is a material breach of this contract and a violation of the Digital Millennium Copyright Act (DMCA).
11.5 REASONABLE EFFORTS ONLY: The Studio uses professional-grade hosting (Pixieset). However, the Studio does not warrant that third parties will be unable to bypass "right-click" protections. THE STUDIO IS NOT LIABLE FOR THE ACTIONS OF THIRD PARTIES WHO MISAPPROPRIATE IMAGES FROM PUBLIC GALLERIES.
11.6 CONSENT TO USE LIKENESS (NY CIVIL RIGHTS LAW § 51): By participating in an event covered by the Studio or by booking a session, the User (on behalf of themselves and any minor for whom they are a guardian) grants Sauter Studio a non-exclusive, perpetual license to use the resulting images for "trade purposes." This includes, but is not limited to, the Studio’s professional portfolio, website galleries, and social media marketing.
11.7 VOLUNTARY REMOVAL (TAKE-DOWN) POLICY: While the Studio maintains the legal right to host images from public sporting events, we respect the privacy of student-athletes. Parents or guardians may submit a written "Take-Down Request" to sauterstudio@gmail.com. Such requests must include a direct link to the image in question and proof of legal guardianship.
12. Unforeseen Events
COMPREHENSIVE FORCE MAJEURE AND DOCTRINE OF IMPOSSIBILITY
12.1 ABSOLUTE EXEMPTION FROM LIABILITY: Sauter Studio, its minor owner, and its legal Custodians shall be absolutely exempt from any and all liability, and shall not be deemed in breach of contract or default of any obligation, for any failure or delay in performance resulting from circumstances beyond our reasonable control.
12.2 REGIONAL AND ENVIRONMENTAL EVENTS: This exemption specifically includes, BUT IS NOT LIMITED TO: Acts of God; severe winter storms, blizzards, lake-effect snow events, government-mandated travel bans or declared States of Emergency by the Erie County Executive or the Governor of New York; and localized utility or power grid failures; floods, fires, earthquakes, or other natural disasters; and public health emergencies, pandemics, or localized quarantines.
12.3 DIGITAL AND INFRASTRUCTURE FORCE MAJEURE: The User acknowledges that as a digital-heavy enterprise, the Studio is subject to "Digital Force Majeure" events, including: catastrophic internet backbone failures; telecommunications outages; localized power grid surges or blackouts; cyber-terrorism/hacking; or the permanent dissolution, service interruption, or "platform death" of Third-Party Processors (e.g., Pixieset, Stripe, or Google).
12.4 DOCTRINE OF IMPOSSIBILITY AND FRUSTRATION OF PURPOSE: As a micro-enterprise operated from a private residence, the User acknowledges that the total destruction or loss of access to the Studio’s residential record storage or primary hardware renders performance LEGALLY IMPOSSIBLE. In such an occurrence, all contractual obligations of Sauter Studio are immediately discharged without penalty.
12.5 NO FINANCIAL RECOURSE: In the event of a Force Majeure occurrence, the User agrees that they shall have no financial recourse or right to seek damages against the Studio or its Custodians. Our obligations are suspended for the duration of the event. If performance becomes permanently impossible, the contract is terminated, and the User hereby waives any right to seek refunds or damages for non-performance caused by such events.
13. Physical Security
PHYSICAL SECURITY OF HARD-COPY RECORDS AND RESIDENTIAL STORAGE
13.1 PHYSICAL STORAGE DISCLOSURE: The User acknowledges that Sauter Studio maintains physical (hard-copy) records and local digital backups necessary for tax compliance, legal defense, and business operations. The User expressly acknowledges and agrees that these materials are secured at a private, non-commercial residence within Erie County, NY.
13.2 SCOPE OF RETAINED DOCUMENTS: Physical and local digital data includes, BUT IS NOT LIMITED TO: transaction receipts, signed service contracts, parental consent forms, high-resolution RAW image files, and client contact lists.
13.3 LIMITATION OF RESIDENTIAL SECURITY WARRANTY: The Studio employs reasonable, residential-grade security measures. HOWEVER, THE USER ACKNOWLEDGES THAT THE STUDIO DOES NOT PROVIDE "BANK-GRADE," "ENTERPRISE-LEVEL," OR "COMMERCIAL VAULT" SECURITY. Residential storage is subject to inherent risks, including, but not limited to, residential burglary, localized flooding, fire, or accidental damage.
13.4 IRREVOCABLE RELEASE OF LIABILITY FOR PHYSICAL BREACH: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAUTER STUDIO AND ITS LEGAL CUSTODIANS ARE HEREBY FOREVER RELEASED AND DISCHARGED FROM ANY AND ALL LIABILITY REGARDING THE UNAUTHORIZED DISCLOSURE, LOSS, OR DESTRUCTION OF DATA RESULTING FROM A PHYSICAL SECURITY BREACH, THEFT, ACCIDENTAL DAMAGE, OR NATURAL DISASTER OCCURRING AT THE PRIVATE RESIDENCE.
13.5 SECURE DESTRUCTION PROTOCOLS: Pursuant to New York State Tax Law, the Studio will retain financial and contractual records for a minimum of seven (7) years. Following this period, the Studio utilizes "cross-cut" shredding for destruction. The User releases the Studio from liability for any "partial recovery" of shredded data by third parties, acknowledging the technical limits of residential shredding equipment.
14. Disputes & Venue
DISPUTE RESOLUTION: VENUE, JURISDICTION, AND WAIVERS
14.1 EXCLUSIVE VENUE AND JURISDICTION: YOU IRREVOCABLY AGREE THAT ANY LEGAL ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR THE SERVICES OF SAUTER STUDIO SHALL BE INSTITUTED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN ERIE COUNTY, BUFFALO, NEW YORK. YOU HEREBY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS AND WAIVE ANY OBJECTION BASED ON FORUM NON CONVENIENS (INCONVENIENT FORUM) OR LACK OF PERSONAL JURISDICTION.
14.2 WAIVER OF CLASS ACTION AND REPRESENTATIVE PROCEEDINGS: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND SAUTER STUDIO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
14.3 IRREVOCABLE WAIVER OF JURY TRIAL: YOU AND THE STUDIO HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY DISPUTE WILL BE DECIDED BY A PRESIDING JUDGE—NOT A JURY—WHO WILL APPLY THE LAWS OF THE STATE OF NEW YORK.
14.4 PRECLUSION OF OTHER VENUES: ANY ATTEMPT BY A USER TO INITIATE LITIGATION IN ANY JURISDICTION OTHER THAN ERIE COUNTY, NY, SHALL BE DEEMED A MATERIAL BREACH OF THIS CONTRACT. THE USER SHALL BE FULLY LIABLE FOR ALL COSTS AND REASONABLE ATTORNEY'S FEES INCURRED BY THE STUDIO IN SEEKING DISMISSAL, TRANSFER, OR REMOVAL OF SUCH ACTION TO THE PROPER VENUE.
14.5 TIME LIMITATION ON CLAIMS: TO THE EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14.6 SMALL CLAIMS EXCEPTION: Notwithstanding the mandatory venue in Section 14.1, both parties retain the right to initiate a legal proceeding in the Buffalo City Court (Small Claims Part) or the respective Town or Village Court within Erie County, provided the dispute falls within the specific monetary and subject matter jurisdiction of said court.
15. Communication
FORMAL CONTACT PROTOCOLS AND ADMINISTRATIVE LIMITATIONS
15. Communication & Contact Protocols
15.1 OFFICIAL BUSINESS CHANNEL: All formal inquiries, legal notices, and data requests must be submitted exclusively to sauterstudio@gmail.com. Social media DMs and verbal comments do not constitute "Legal Notice" and will not be recognized as such in any legal proceeding.
15.2 SOCIAL MEDIA BOUNDARIES: While we welcome informal engagement on social platforms, these channels are not monitored for business operations. The Studio reserves the right to ignore or block communications that are disrespectful, harassing, or fail to follow the formal email protocols established herein.
15.3 VERIFICATION PREREQUISITE: To protect student-athlete privacy, the Studio will not discuss or disclose personal data until the requester’s identity and legal guardianship are verified via email. We reserve the right to deny any unauthenticated request to prevent unauthorized data disclosure.
15.4 CUSTODIAL REVIEW: All business communications are subject to review by the owner’s legal guardians (the "Custodians"). As a student-led enterprise, we strive for a 30-day response window, subject to academic and seasonal delays.
16. Updates & Validity
UNILATERAL MODIFICATIONS, SEVERABILITY, AND MERGER
16.1 UNILATERAL RIGHT TO AMEND: Sauter Studio reserves the absolute, unilateral right to update, modify, or rewrite this Privacy Policy and Legal Notice at any time, at its sole discretion, to reflect changes in New York law, technical updates, or business shifts.
16.2 DEEMED ACCEPTANCE OF UPDATES: Changes will be indicated by an updated "Effective Date." It is your sole responsibility to review this page. YOUR CONTINUED USE OF THE PLATFORM FOLLOWING THE POSTING OF UPDATED TERMS CONSTITUTES YOUR IRREVOCABLE ASSENT TO THE AMENDED PROVISIONS. Updated terms regarding Limitation of Liability and Venue shall apply retroactively to all disputes.
16.3 SEVERABILITY AND THE "BLUE PENCIL" DOCTRINE: If any provision, covenant, or restriction of this agreement is held by an Erie County court to be invalid, void, or unenforceable, it is the express intention of the parties that the remainder of the provisions shall continue in full force and effect. The court is encouraged to "blue pencil" (modify) any offending provision to the minimum extent necessary to make it enforceable under New York law.
16.4 MERGER AND ENTIRE AGREEMENT: This Privacy Policy and Legal Notice constitute the ENTIRE AGREEMENT between the User and Sauter Studio. This document supersedes all prior negotiations, advertisements, or oral agreements. No employee, agent, or representative of the Studio has the authority to orally modify these terms.
16.5 NO WAIVER: The failure of the Studio to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision in the future.
17. Final Confirmation
FINAL ACKNOWLEDGMENT AND BINDING RATIFICATION
17.1 CONSCIOUS REVIEW: By clicking "Accept," "I Agree," or by continuing to use the Platform, the User warrants that they have read this entire 17-section Privacy Policy and Legal Notice. You acknowledge that you have had the opportunity to seek independent legal counsel before being bound by these terms.
17.2 ELECTRONIC SIGNATURE: You agree that your use of the Platform serves as your electronic signature and is the legal equivalent of your manual/wet-ink signature. This electronic ratification is governed by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the New York State Electronic Signatures and Records Act (ESRA).
17.3 SURVIVABILITY OF TERMS: All provisions regarding Indemnification, Limitation of Liability, Waiver of Jury Trial, and Venue shall survive the termination of this agreement or the closure of Sauter Studio. These protections are permanent and irrevocable.
17.4 NO RELIANCE ON EXTERNAL REPRESENTATIONS: You acknowledge that in accepting these terms, you are not relying on any statement, representation, warranty, or understanding (whether oral or written) made by the minor owner or Custodians that is not expressly contained within this written document.
17.5 FINALITY OF AGREEMENT: THIS DOCUMENT IS THE FINAL, COMPLETE, AND EXCLUSIVE EXPRESSION OF THE AGREEMENT BETWEEN YOU AND SAUTER STUDIO. THERE ARE NO OTHER CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED.
STATUTORY DISCLOSURES & MANDATORY NOTICES: COPPA COMPLIANCE: This Platform is a general audience website and is not directed at, or intended for use by, children under the age of 13. We do not knowingly collect personal information directly from children under 13 without verifiable parental consent. NY SHIELD ACT NOTICE: Pursuant to the New York Stop Hacks and Improve Electronic Data Security (SHIELD) Act, Sauter Studio maintains reasonable administrative, technical, and physical safeguards to protect the private information of New York residents. BUSINESS IDENTITY & CUSTODIANSHIP: Sauter Studio is a micro-enterprise operated by a minor in Erie County, New York. All contractual agreements and data oversight are supervised by legal parental guardians ("The Custodians"). PHOTOGRAPHIC RIGHTS: All images hosted on this Platform are the exclusive property of Sauter Studio and are protected under United States Copyright Law. Unauthorized use, reproduction, or redistribution is strictly prohibited and may be subject to legal action. ACCESSIBILITY: We strive to make our digital galleries accessible to everyone. If you encounter any barriers while using our Platform, please contact sauterstudio@gmail.com for assistance.