Rules, Rights, Terms & Conditions.

These Terms and Conditions ("Terms") govern your access to and use of the website, services, booking requests, consultations, communications, and related offerings provided by Roger David dba Roger David Art ("Company," "we," "us," or "our").

By accessing our website, using our services, submitting forms, booking appointments, or otherwise interacting with Roger David Art, you agree to be bound by these Terms, our Privacy Policy, and any additional terms that may apply to specific services or offerings.

1. SMS Messaging Terms & Compliance

Program Description

Our messaging program sends SMS messages to customers who have provided their phone number and have explicitly opted in through our website forms at https://rogerdavidarts.com/home or through other authorized booking or contact forms.

These messages may include:

• Appointment confirmations
• Appointment reminders
• Booking notifications
• Service updates
• Responses to customer inquiries
• Customer support communications
• Promotional or marketing messages, only where the user has explicitly consented to receive them

Opt-in is collected through web forms that include a dedicated SMS consent checkbox where applicable.

Opt-In & Consent

By providing your mobile number and checking the SMS consent checkbox on our website forms, you agree to receive SMS messages from Roger David dba Roger David Art.

• You will only receive SMS messages if you have explicitly opted in
• Consent to receive SMS messages is not a condition of purchase
• Message frequency may vary depending on your appointment status, booking activity, and interactions with our business
• Message and data rates may apply
• We comply with applicable laws and regulations governing SMS communications, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines, where applicable

Cancellation Instructions

You can cancel SMS service at any time by replying STOP to any message you receive from us.

After you send STOP, we may send you a confirmation message confirming that you have been unsubscribed. After that, you will no longer receive SMS messages from us unless you opt in again through our website or another authorized method.

Support Information

If you need assistance, reply HELP to any message or contact us directly:

Email: [email protected]
Phone: (786)-395-7096

Carrier Liability

Carriers are not liable for delayed or undelivered messages.

Message & Data Rates

Standard message and data rates may apply for messages sent to you from us and to us from you. For questions about your text plan or data plan, please contact your wireless provider.

Supported Carriers

Our SMS program is intended to work with major U.S. wireless carriers, including AT&T, Verizon, T-Mobile, Sprint, and most regional carriers. Carrier availability may vary.

Age Restriction for SMS Program

You must be at least 18 years old to participate in our SMS messaging program.

Privacy Policy

For information on how we collect, use, and protect personal information, please review our Privacy Policy at:

https://rogerdavidarts.com/privacy-policy

2. Acceptance of Terms

By accessing or using our website, booking services, submitting appointment requests, or otherwise engaging with our business, you agree to be bound by these Terms.

If you do not agree with these Terms, you should not use our website or services.

3. Services

Roger David dba Roger David Art provides tattoo-related services, which may include:

• Custom tattoo consultations
• Tattoo appointment booking
• Custom tattoo design services
• Follow-up communication related to appointments
• Other related artistic or booking services

We reserve the right to modify, suspend, or discontinue any service, offering, feature, or booking option at any time, with or without notice, to the extent permitted by law.

4. Eligibility

You must be at least 18 years old to book services independently.

Any exceptions, where legally allowed, may require written consent from a parent or legal guardian and may be subject to additional documentation or requirements.

5. Appointments, Deposits, and Payments

Appointment deposits, session fees, and other services must be paid in accordance with the terms presented at the time of booking or as otherwise agreed in writing.

You agree to provide current, complete, and accurate payment information. Failure to make timely payment may result in:

• Suspension of services
• Cancellation of appointments or bookings
• Loss of your reserved appointment slot
• Additional fees where permitted by law or contract

We reserve the right to correct pricing errors, billing mistakes, or administrative inaccuracies.

6. Refund Policy

All sales are final unless otherwise stated in writing or required by applicable law.

Deposits, booking fees, tattoo appointments, and other purchases are generally non-refundable, except where required by law or expressly approved in writing by the Company.

7. Cancellations and Termination of Services

Cancellation policies may vary depending on the service or appointment booked.

• Certain bookings may require advance notice for rescheduling
• Missed appointments or late cancellations may result in forfeiture of a deposit
• Repeated no-shows or late cancellations may result in denial of future bookings

We reserve the right to suspend or terminate services if you violate these Terms, fail to pay amounts due, or engage in unsafe, inappropriate, abusive, or disruptive conduct.

8. Health Disclaimer

By booking or receiving tattoo services, you represent that you are physically able to receive such services and that you have disclosed any relevant medical conditions, allergies, skin sensitivities, or other health concerns that may affect the tattoo process or healing.

Nothing on our website or through our communications constitutes medical advice. You should consult a qualified healthcare provider if you have concerns about whether tattoo services are appropriate for you.

9. Assumption of Risk

You understand and voluntarily assume all risks associated with tattoo services, including but not limited to:

• Pain or discomfort
• Allergic reactions
• Skin irritation
• Infection if aftercare instructions are not followed
• Aggravation of pre-existing skin conditions
• Unsatisfactory healing results caused by personal skin response or aftercare failure

Your participation is voluntary, and you accept full responsibility for the risks involved.

10. Limitation of Liability

To the fullest extent permitted by law, Roger David dba Roger David Art shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to:

• Use of our website
• Participation in our services
• Use of our communications systems
• SMS communications
• Third-party service interruptions
• Delayed or undelivered communications
• Loss of data, profits, or business opportunities

To the extent permitted by law, our total liability for any claim related to these Terms or our services shall not exceed the amount paid by you to us for the applicable service giving rise to the claim.

11. Code of Conduct

All clients, guests, and visitors are expected to conduct themselves respectfully and safely.

Prohibited behavior includes, but is not limited to:

• Harassment or threatening behavior
• Unsafe or reckless conduct
• Damage to property or equipment
• Disruptive behavior
• Refusal to follow reasonable studio or safety instructions
• Illegal activity on the premises or through our website

We reserve the right to deny service, suspend access, or terminate bookings for conduct we determine to be unsafe, disruptive, abusive, or inappropriate.

12. Website Use

You agree to use our website only for lawful purposes.

You may not:

• Attempt unauthorized access to the website, accounts, servers, or systems
• Interfere with or disrupt website functionality
• Use bots, scraping tools, or automated systems without authorization
• Upload malicious code or harmful content
• Use the website in a manner that infringes on our rights or the rights of others

We reserve the right to restrict or terminate access to the website for violations of these Terms.

13. Intellectual Property Rights

Our Limited License to You

This website and all materials available on it, including but not limited to text, branding, logos, designs, graphics, videos, images, layouts, artwork, tattoos, and other content, are the property of Roger David dba Roger David Art and/or its licensors and are protected by applicable intellectual property laws.

You may access and use the website solely for your personal, non-commercial use.

Unless expressly authorized in writing, you may not:

• Copy
• Reproduce
• Republish
• Upload
• Post
• Transmit
• Distribute
• Sell
• Modify
• Create derivative works from
• Exploit any content from the website or our materials

Your License to Us

If you submit or post any content to us, including messages, reviews, testimonials, photos, videos, comments, feedback, or social media content, you represent that you own the content or have the necessary rights to share it.

By submitting such content, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, display, distribute, adapt, and publish that content for business, promotional, operational, or marketing purposes, unless prohibited by law or otherwise agreed in writing.

14. Third-Party Services and Online Commerce

We may use third-party providers for services such as:

• Payment processing
• Scheduling
• SMS delivery
• Website hosting
• Analytics
• Customer communication systems

We are not responsible for the policies, actions, uptime, content, or practices of third-party platforms or providers.

If you purchase goods or services through a third-party platform, your dealings with that third party are solely between you and that third party, unless otherwise expressly stated.

15. Registration, Accounts, and Passwords

Certain features of our website or services may require registration, login credentials, or account information.

You agree to provide accurate, current, and complete information and to keep it updated as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.

If you believe your account has been accessed without authorization, contact us immediately at:

[email protected]

We are not liable for losses caused by your failure to protect your login credentials.

16. Disclaimers

Our website, services, content, and communications are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, to the fullest extent permitted by law.

We do not guarantee:

• Uninterrupted website availability
• Error-free operation
• That services will meet every individual expectation
• That communications will always be timely or successfully delivered
• That third-party services will be uninterrupted or error-free

To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

17. Indemnification

You agree to indemnify, defend, and hold harmless Roger David dba Roger David Art, its owners, affiliates, employees, contractors, agents, and service providers from and against any claims, damages, liabilities, losses, costs, or expenses arising out of or related to:

• Your breach of these Terms
• Your misuse of the website or services
• Your violation of any law or the rights of any third party
• Your conduct in connection with our services or communications

18. Force Majeure

We are not responsible for delays, interruptions, or failures in performance resulting from causes beyond our reasonable control, including but not limited to:

• Natural disasters
• Acts of God
• Power outages
• Internet or telecommunications failures
• Government actions
• Public health emergencies
• Labor disputes
• Fires
• Floods
• Civil unrest
• Equipment failures

19. Privacy

Your use of our website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Privacy Policy:
https://rogerdavidarts.com/privacy-policy

20. Termination

We reserve the right to suspend or terminate your access to our website, services, bookings, or communications at any time, with or without notice, if we reasonably believe you have violated these Terms or engaged in conduct that is unlawful, harmful, abusive, fraudulent, or otherwise inappropriate.

Upon termination, any rights granted to you under these Terms will immediately cease.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms, the website, or our services shall be resolved in the appropriate courts or forums located in Florida, unless otherwise required by law.

22. Changes to These Terms

We may update these Terms from time to time. The most current version will be posted on our website with the revised effective date.

Your continued use of our website or services after any changes become effective constitutes your acceptance of the updated Terms.

23. Contact Information

If you have questions about these Terms and Conditions, please contact us at:

Roger David dba Roger David Art
Address: Private location
Email: [email protected]
Phone: (786)-395-7096
Website: https://rogerdavidarts.com/home