Terms and Conditions

Terms & Conditions

Definition of Client/s | The person/s whose signature/s appear on this document shall be the client/s for this contract, shall be the one/s to whom Cult of Samma delivers its products, and shall be financially responsible for all payments to be made under this contract. This contract incorporates the entire understanding of the parties, and any modifications to it must be in writing and signed both by Cult of Samma and by the client/s.

Copyright and Reproductions | It is agreed that Cult of Samma shall own the copyright to all images and content created through this contract. The Studio shall have the exclusive right to make reproductions for the client/s or for the artist’s portfolios, samples, self-promotions, entry in tattoo contests or art exhibitions, editorial use, for display within or on the outside of the artist’s studio, including but not limited to the internet. The client/s will not copy or reproduce the designs in any way without the Studio’s express written permission. Unauthorized copying or use of the Studio’s images is an infringement of the Copyright and Design Act 1988 and a violation of this contract. Unless specifically stated, this contract does not provide the client/s with any ownership of or rights to use the designs or digital image files created under this contract.

Prices | These prices shall be in effect for a period of sixty days after the date of this agreement. For any additional items, or for contracted items not fully specified or ordered by client/s until after sixty days, prices shall be those in Cult of Samma’s regular pricing in effect at the time any such additional or late order is made.

Personnel | In the event of an Artist's illness or incapacity, Cult of Samma warrants that a date will be substituted at no additional cost to the client. Cult of Samma may utilize one or more assistants during the session, and such assistant/s may also take photographs/video under the supervision of an artist.

Studio Liability and Performance | Cult of Samma takes great care with respect to the design process, tattoo application, and safety. In the event Cult of Samma cannot comply with the terms of this contract due to negligence, oversight, accident, error, omission, any other avoidable or unavoidable circumstance, whether caused by Cult of Samma or otherwise, Cult of Samma’s and/or Artist/s’ liability for this or any other circumstance shall be limited to the amount paid up to that time by the client/s. Cult of Samma does not guarantee to apply any particular image(s) or meet any particular aesthetic criteria as part of its performance under this contract. In addition, failure by the client/s to make any payment as and when agreed shall release Cult of Samma from any further responsibility under this contract, without the responsibility to return any monies previously paid to it under this contract. To the extent provided by law, the client/s hold harmless Cult of Samma, its officers, agents, and employees from all liability, damage, cost, or expense arising from claims for injury to persons, damage to property occasioned and any conduct undertaken by reason of this contract (the hold harmless will not apply to the extent an injury is caused by the gross negligence of or the willful misconduct of Cult of Samma, its officers, agents, or employees).

Inherent Qualities | The client/s understand/s that tattoos may fade or discolor over time due to the inherent qualities of dyes, inks, and materials and agrees to release Cult of Samma and/or artist/s from any liability for any claims based upon such fading or discoloration. Tattoos made at different times, from different equipment, or from different artists, are expected to have variations from each other in color balance and finish.

Retainer Payments/Liquidated Damages | Once Cult of Samma reserves a date/time for the client/s, it ceases attempting to sell its services for this date/time to others. If the event is canceled or postponed, Cult of Samma suffers a loss. The Client/s agree that it would be difficult to ascertain the damages suffered by Cult of Samma as a result of a cancellation or postponement of the event. Therefore, the Client/s agree that if the Client/s cancel or postpone the event before the event, that reasonable liquidated damages are the initial retainer payment made by the client/s and is not refundable.

The Client/s further agree that if the cancellation or postponement of the event is done within 90 days before the event, the reasonable liquidated damages are all monies, including, but not limited to, the retainer that has been paid to Cult of Samma and are not refundable.

Governing Law | This agreement is governed by the law of the state of Florida, United States, and is subject to the exclusive jurisdiction of the courts of Miami-Dade County, Florida.

Counterparts | Client/s and Cult of Samma agree that signatures by facsimile transmission or electronic scan are acceptable and shall have the same force and effect as if an original signature.

Construction and Severability | Wherever possible, each provision of this Agreement shall be interpreted so that it is valid under applicable law. If any provision of this Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect.

This contract incorporates the entire understanding of the parties, and any modifications to it must be in writing and signed both by Cult of Samma and by the client/s.