Terms and Conditions
Last Updated: November 25, 2025
Welcome to East Bay Aura. The domain www.eastbayaura.com (the "Site") is our official website and serves as our primary online presence. These Terms of Service ("Terms") govern your use of our online presence, accessible via our domain www.eastbayaura.com, and any associated services, including but not limited to, the submission of inquiries and bookings through our Google Forms and Airtable (collectively, the "Services"). In addition, please review Our Privacy Policy (Site “Privacy Policy”).
BY USING THE WEBSITE OR ANY OF OUR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT ACCESS OR USE OUR SERVICES.
www.eastbayaura.com is an E-Commerce Site.
About East Bay Aura
East Bay Aura is a sole proprietorship owned and operated by Cheyenne Lewis, doing business as (D/B/A) "East Bay Aura." All references to "East Bay Aura," "we," "us," or "our" within these Terms refer to this sole proprietorship and its owner, Cheyenne Lewis. Our official Fictitious Business Name statement is filed in Alameda County, California.
East Bay Aura provides aura photography services for entertainment, artistic, and inspirational purposes at private events and public pop-ups.
Definitions
"Private Event Services" refers to pre-booked services for a specific date, time, and location, such as private events, private appointments, corporate gatherings, and weddings. "Pop-Up Services" refers to services provided on a walk-up basis at markets, festivals, shops, or other public or semi-public locations without a prior booking.
Agreement to Terms
Your agreement to these Terms is binding upon any of the following: (i) your use of our Services; (ii) your completion of a booking or event agreement form, whether hosted on Google Forms, Airtable, or another platform, where you type your name or otherwise indicate your agreement; or (iii) your completion of a check-in form for Pop-Up Services where you indicate your agreement. Such actions constitute your electronic signature and demonstrate your affirmative consent to be bound by these Terms in their entirety.
Use of Third-Party Platforms
You acknowledge and agree that our Services are facilitated through third-party platforms, including but not limited to Google Forms and Airtable. Your use of these third-party platforms is also subject to their respective Terms of Service and Privacy Policies. East Bay Aura is not responsible for the content, functionality, or security of these third-party platforms.
Service Agreement
Under this Agreement, you agree to hire East Bay Aura as a professional aura photography service.
Service Understanding
You understand that East Bay Aura's services are provided for entertainment, artistic, and inspirational purposes only. They are not a substitute for medical, psychological, financial, or legal advice.
Client Responsibility
For Private Event Services, you are responsible for providing a safe, level, and clear area for setup with access to a standard electrical outlet. You are responsible for the conduct of your guests and for the conduct, control, and well-being of your pets.
Payment Policy
For Private Event Services, full payment is required at the time of booking to secure your date and time. For Pop-Up Services, a suggested donation is presented at the time of service, after the aura photograph has been taken. The aura photograph will be provided upon receipt of the suggested donation amount. While the donation is voluntary, it is essential for supporting our services and allows us to continue offering them.
Cancellation/Refund Policy
This policy applies to Private Event Services. East Bay Aura requires full payment upfront and offers a 50% refund for cancellations made with at least 7 days' notice. No refunds will be issued for cancellations made less than 7 days before the scheduled event.
Rescheduling is allowed with at least 7 days' notice. The new rescheduled date must occur within 90 days of the original booking. Failure to reschedule within this period will result in forfeiture of all payments.
Weather Conditions
For outdoor events, rescheduling is allowed for unpredictable and inclement weather conditions (e.g., rain, extreme wind) that would make the event unsafe or damage equipment. The new date must be within 90 days of the original booking. No refunds will be issued for weather-related rescheduling.
Late Policy
This policy applies to Private Event Services. If you and your guests do not appear or are not ready within 30 minutes of the scheduled start time, East Bay Aura will consider the appointment canceled, and no refund will be processed.
Property Damage
In the event that any damage to equipment or facilities occurs as a result of your or your guests' or your pet's willful actions, neglect, or recklessness, you acknowledge and agree to be held liable for any and all costs associated with the repair or replacement of damaged items.
Marketing and Promotion
Public Pop-Up Services: East Bay Aura shall have the right to use, publish, and display photographs, videos, and other media taken during Pop-Up Services for business purposes, including but not limited to: advertising, marketing, promotion, publication on its website and social media channels, and in its portfolio. You hereby grant East Bay Aura a perpetual, royalty-free license for such use without any compensation or prior inspection.
Private Event Services:
Aura Photographs: Photographs of individual participants created with our aura imaging equipment ("Aura Photographs") are taken for the personal use of the event host and participants. East Bay Aura does not use Aura Photographs from Private Events for marketing or promotional purposes. Any such use would require the separate, explicit written consent of the individuals depicted.
Event Photography: The host grants East Bay Aura a limited, royalty-free license to use candid photographs and general shots of the event setup, atmosphere, and group photos (which do not focus on or clearly feature individual Aura Photographs) for East Bay Aura's business marketing and portfolio. This license is subject to the host's right to request the removal of any specific image upon request.
For Minors: For both Pop-Up Services and Private Event Services, you represent and warrant that you have the authority to grant the permissions in this section on behalf of any minor participant.
Waiver and Release of Liability
In consideration of the risk of injury while participating in East Bay Aura’s services (the "Activity"), and as consideration for the right to participate in the Activity, you hereby, for yourself, your heirs, executors, administrators, assigns, or personal representatives, and on behalf of your pets, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of your participation in the Activity and do hereby release and forever discharge Cheyenne Lewis, East Bay Aura, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that you may suffer as a direct result of your participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
You are voluntarily participating in the aforementioned Activity and you are participating in the Activity entirely at your own risk. You are aware of the risks associated with traveling to and from as well as participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. You understand that these injuries or outcomes may arise from your own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, you assume all related risks, both known or unknown to you, of your participation in this Activity, including travel to, from and during this Activity.
You agree to indemnify and hold harmless Cheyenne Lewis and East Bay Aura against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by you or anyone on your behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by you or by anyone else acting on your behalf. If East Bay Aura incurs any of these types of expenses, you agree to reimburse East Bay Aura. This indemnification includes, without limitation, any claims arising from the actions or behavior of your pet.
You hereby certify that you understand the above risks associated with this activity and agree that East Bay Aura shall not be responsible for any injuries or losses during any event and service.
Additionally, you agree to be held solely responsible if your negligence, willful misconduct, or disregard for the rules of the activity leads to damage to others or to East Bay Aura’s property. You agree to voluntarily give up or waive any right that you otherwise have to bring a legal action against East Bay Aura for personal injury or property damage. In the event that you should require medical care or treatment, you agree to be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry your own health insurance.
Any legal matters arising from this release of liability shall take place in the state of California.
Electronic Communications
Visiting our Site (www.eastbayaura.com), submitting our official booking form, or sending emails to East Bay Aura constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
East Bay Aura does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use our services only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Our Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of East Bay Aura and East Bay Aura is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. East Bay Aura is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by East Bay Aura of the site or any association with its operators.
Certain services made available via our online presence are delivered by third party sites and organizations. By using any product, service or functionality originating from our Site or booking channels, you hereby acknowledge and consent that East Bay Aura may share such information and data with any third party with whom East Bay Aura has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use our online presence strictly in accordance with these terms of use. As a condition of your use, you warrant to East Bay Aura that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of East Bay Aura or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. East Bay Aura content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of East Bay Aura and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of East Bay Aura or our licensors except as expressly authorized by these Terms.
Use of Communication Services
Our online presence may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
East Bay Aura has no obligation to monitor the Communication Services. However, East Bay Aura reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. East Bay Aura reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
East Bay Aura reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in East Bay Aura's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. East Bay Aura does not control or endorse the content, messages or information found in any Communication Service and, therefore, East Bay Aura specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized East Bay Aura spokespersons, and their views do not necessarily reflect those of East Bay Aura.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to East Bay Aura or Posted on Any East Bay Aura Web Page
East Bay Aura does not claim ownership of the materials you provide to (including feedback and suggestions) or post, upload, input or submit to any East Bay Aura Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting East Bay Aura, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. East Bay Aura is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in East Bay Aura's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your East Bay Aura account to third party accounts. By connecting your East Bay Aura account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by East Bay Aura from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the East Bay Aura Content accessed through our Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless East Bay Aura, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. East Bay Aura reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with East Bay Aura in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and East Bay Aura agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EAST BAY AURA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EAST BAY AURA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EAST BAY AURA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EAST BAY AURA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EAST BAY AURA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
East Bay Aura reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and East Bay Aura as a result of this agreement or use of the Site. East Bay Aura's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of East Bay Aura's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by East Bay Aura with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement
Unless otherwise specified herein, these Terms and Conditions, together with our Privacy Policy (collectively, the "Agreement"), constitute the entire and exclusive agreement between you and East Bay Aura regarding the Services, the Site, and your use thereof. This Agreement supersedes and replaces any and all prior oral or written understandings or agreements between you and East Bay Aura on these subjects. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
In the event of any conflict or inconsistency between the provisions of these Terms and Conditions and our Privacy Policy, the provisions of the Privacy Policy shall govern with respect to the collection, use, and disclosure of personal information. For all other matters, these Terms and Conditions shall govern.
Changes to Terms
East Bay Aura reserves the right, in its sole discretion, to change the Terms under which our Site is offered. The most current version of the Terms will supersede all previous versions. East Bay Aura encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
East Bay Aura welcomes your questions or comments regarding the Terms:
Email Address: eastbayaura@gmail.com