Terms & conditions
Flashbook — Terms of Service
Last updated: September 3, 2026 Effective: September 3, 2026
1. Agreement to these terms
These Terms of Service (the "Terms") are a binding agreement between you and Flashbook Tattoos Inc. ("Flashbook", "the Company", "we", "us"), a corporation incorporated federally under the Canada Business Corporations Act, with its registered office at 1839 Commercial Dr, Vancouver, BC V5N 4A6.
They govern your use of flashbook.ca, the Flashbook progressive web app, and any
related services (together, the "Platform").
By placing a Walk-in Request, creating an Artist account, or otherwise using the Platform, you accept these Terms. If you do not accept them, do not use the Platform.
Our Privacy Policy is incorporated into these Terms by reference.
2. Definitions
| Term | Meaning |
|---|---|
| Flashbook | Flashbook Tattoos Inc., the company that operates the Platform. "We", "us", and "the Company" mean Flashbook. |
| Platform | flashbook.ca, the Flashbook progressive web app, and any related services operated by Flashbook (§1). The Platform is the service; Flashbook is the company behind it. |
| Customer | A person who places a Walk-in Request through the Platform. Customers do not hold accounts (§5). |
| Artist | A tattoo artist who holds an Artist account on the Platform and receives Walk-in Requests. |
| Studio | A business that hosts one or more Artists and may hold an account on the Platform. |
| Walk-in Request | A Customer's request, placed through the Platform, to be tattooed by a specific Artist right now. |
| Booking Fee | The CAD $5.00 fee described in §7. |
| Tattoo Services | The tattooing work performed by an Artist for a Customer. §3 sets out who provides them. |
3. What the Platform is, and what Flashbook is not
The Platform is a discovery and coordination service. Through it, we show Customers which Artists are available right now, and we pass Walk-in Requests to those Artists.
Tattoo Services are provided by the Artist, and only by the Artist. Flashbook does not provide Tattoo Services, does not perform or supervise any tattoo, and is not a party to the agreement under which a tattoo is performed.
Flashbook is not:
- a tattoo studio, a tattoo artist, or a provider of Tattoo Services;
- a party to the agreement between a Customer and an Artist;
- an employer, agent, partner, or joint venturer of any Artist or Studio;
- a payment processor, escrow agent, or holder of funds for Tattoo Services;
- a guarantor of any Artist's skill, licensing, hygiene, conduct, availability, or the quality, safety, or outcome of any tattoo.
The contract for a tattoo is formed directly between the Customer and the Artist. Its price, scope, timing, aftercare, and any dispute about the work belong to those two parties. Flashbook's only role, and the only service the Booking Fee pays for (§7.1), is introducing them and holding the slot.
Artists are independent contractors. Nothing on the Platform creates an employment, agency, or franchise relationship between Flashbook and any Artist or Studio. Artists set their own prices, hours, styles, and their own decisions about whom to tattoo, subject only to §11 and applicable law.
What "verified" means, and what it does not. Before an Artist appears on the map, we confirm a single fact: that the person can respond from the Instagram handle they gave us, which shows the account is theirs. That is the entire check behind the verified badge. We do not run criminal record checks, background checks, or identity verification; we do not inspect, license, approve, or insure their premises; and we do not assess their character, competence, hygiene, or the safety of their workspace. A "verified" badge means the Instagram account is theirs. It is not a safety endorsement, a background check, or a guarantee of any kind. You should satisfy yourself about an Artist before being tattooed, exactly as you would with any independent business you found online, and trust your judgment when you arrive.
The Blood Borne Pathogens badge is a separate, optional credential. An Artist may upload a Blood Borne Pathogens (BBP) certificate. Where they do, we check that the document names that Artist and has not expired, and their profile then shows a "Blood Borne Pathogens certified" badge until the expiry date we recorded passes. That is the entire check: we confirm the document, not the training behind it, and we do not contact the issuing body. The badge is not a licence, an inspection, or a hygiene guarantee, and its absence does not mean an Artist is uncertified — uploading one is voluntary and an Artist can take walk-ins without it. Licensing and public-health compliance remain the Artist's own obligation under §11.1.
What we require of every Artist before they appear on the map is set out in §11: a verified Instagram account (§3), their legal name on file (§11.7), acceptance of the current version of these Terms, and a pinned location in a market we have launched.
4. Eligibility
To use the Platform you must:
- be at least 18 years old;
- have the legal capacity to enter a binding contract; and
- not be barred from using the Platform under §19.
Tattooing minors is prohibited on the Platform without exception, regardless of parental consent and regardless of whether provincial law would otherwise permit it. An Artist who tattoos a minor arranged through the Platform will have their account terminated immediately under §19.
You confirm your age before you can use the Platform. A Customer must confirm that they are 18 or older before the Platform accepts a Walk-in Request, and an Artist must confirm the same when they set up their Artist profile, before they can take walk-ins. That confirmation is a representation you make to Flashbook and to the Artist; Flashbook relies on it and does not verify it.
Age and identity are verified in person by the Artist, not by Flashbook. Artists must check government-issued photo identification before beginning work. See §11.
5. Customers and Artist accounts
Customers do not hold accounts. You use the Platform without registering. We identify a live Walk-in Request by a first-party cookie and by the email address you supply. You are responsible for the accuracy of the contact details you provide; a mistyped email or phone number may mean you never learn that your request was accepted or declined.
A Customer may hold one live Walk-in Request at a time. A request is "live" while it is pending or accepted. Booking with a second Artist cancels the first, and the consequences in §7.3 apply to that cancellation.
Artists hold accounts. An Artist authenticates with an email address and password. You are responsible for the security of your password and the email account you register with. Tell us immediately at [security@flashbook.ca] if you believe your account has been accessed by someone else. Artist accounts are personal and may not be shared, sold, or transferred.
Setting up an Artist account also requires your legal name, which is held privately and is never shown to Customers or on your public profile (§11.7), and an Instagram handle for the verification in §3.
6. How a booking works
This section describes the stages a Walk-in Request moves through. It does not deal with money. The Booking Fee is dealt with only in §7: what it is (§7.1), when it is held, charged, and refunded (§7.2), and what happens to it in every outcome (§7.3). The last column of the table below is a summary of §7.2 and adds nothing to it.
| Stage | What happens | Booking Fee (see §7.2) |
|---|---|---|
| Booking Placed | You describe the tattoo you want, add a payment card, and submit the request. The Artist has 15 minutes to respond. | A hold is placed on your card. Nothing is charged. |
| En Route | The Artist has accepted. Their exact studio address is revealed to you, and you travel to them. | The hold is captured. The fee is charged at acceptance. |
| In Studio | You have checked in as arrived and the Artist has begun, or is ready to begin. | No change. |
| Walk-in Complete | The tattoo is finished. | The charge stands. |
A request that is not accepted within the 15-minute response window expires automatically. The hold is released (§7.3, "Expired").
Acceptance does not guarantee a tattoo. An Artist may lawfully refuse to proceed after you arrive — for example if you are intoxicated, if you cannot produce identification, if your requested placement or design is one they will not perform, or if they judge the work unsafe. Where the refusal is for a reason set out in §11.4, it is not an Artist No-Show. The Booking Fee is refunded (§7.3, "Artist refuses on a permitted ground").
We guarantee nothing about any booking. We do not guarantee that any Artist will accept your request, that an Artist marked available is in fact available, or that an Artist who accepts will appear, be ready, or go through with the work. An accepted booking can still end in an Artist cancellation or a No-Show. Where it does, §7.3 sets out exactly what happens to your Booking Fee. We also do not guarantee that estimated travel times are accurate; they are approximations based on straight-line distance and are not routing directions.
7. The Booking Fee
7.1 What it is
The Booking Fee is CAD $5.00, charged per Walk-in Request.
It is a fee for Flashbook's service — matching you with an available Artist and holding that Artist's slot while you travel. It is not a deposit, not a down payment, and not credited against the price of your tattoo. You pay the Artist separately, and in full, for the Tattoo Services themselves.
7.2 When the fee is held, charged, and refunded
Hold. When you add a payment card and place a request, we place a hold on that card for $5.00. A hold is not a charge: money does not leave your account, although your bank may show the amount as pending.
Flashbook is not responsible for any overdraft, interest, or other fee your bank or card issuer charges you as a result of a Booking Fee hold or charge, or for any currency-conversion cost where you pay with a card denominated in another currency. Those are governed by your agreement with your bank or card issuer.
Release. If the Artist declines, does not respond within 15 minutes, or you cancel before the Artist accepts, the hold is released and no charge ever appears. Your bank may take a few days to stop showing the amount as pending.
Charge. If the Artist accepts, the hold is captured at that moment and the $5.00 is charged. The charge is made when the Artist accepts, not when the tattoo is finished.
Refund. A captured charge is refunded in full, to the original payment method, in the following cases and no others:
- the Artist cancels after accepting (§7.3, "Artist Cancels"). The refund is issued automatically at the moment the Artist cancels;
- the Artist refuses to proceed after you arrive on a ground permitted by §11.4. This is treated as an Artist cancellation and refunded in the same way;
- an Artist No-Show that Flashbook has confirmed (§7.4). You report it from your booking screen; the refund is issued by Flashbook once it has confirmed the report. A report is a claim, not a refund;
- a booking that could not proceed because the Platform was unavailable (§16).
A refund typically reaches your card within 5–10 business days, depending on your bank. A Customer cancellation after acceptance and a Customer No-Show are not refunded (§7.3 and §7.5). Any refund outside the cases above is at Flashbook's discretion.
Payments are processed by [Stripe Payments Canada, Ltd.] under its own terms. Flashbook never receives or stores your full card number.
7.3 What happens to the fee
Every outcome a Walk-in Request can reach, and what §7.2 means for the Booking Fee in each.
| Outcome | Who ended it | Booking Fee | Artist consequence |
|---|---|---|---|
| Artist Declines (before accepting) | Artist | Hold released. No charge. | None. A decline reason is required. |
| Expired (no response in 15 min) | Nobody | Hold released. No charge. | None. |
| Customer Cancels — before acceptance | Customer | Hold released. No charge. | — |
| Customer Cancels — after acceptance | Customer | Charged and kept. $5.00 forfeited (§7.5). | — |
| Artist Cancels after accepting | Artist | Charged, then refunded in full, automatically (§7.2). | May count toward suspension (§12). |
| Artist refuses on a permitted ground after you arrive (§11.4) | Artist | Charged, then refunded in full (§7.2). | None (§11.4). |
| Customer No-Show | Customer | Charged and kept. $5.00 forfeited (§7.5). | — |
| Artist No-Show | Artist | Charged, then refunded in full once Flashbook confirms your report (§7.2, §7.4). We will also make it right (§8). | May count toward suspension (§12). |
| Walk-in Complete | — | Charged and kept. Earned by Flashbook. | — |
A cancellation you submit before you see the acceptance is never charged: if the Artist accepts in the same instant you cancel from the waiting screen, your cancellation is refused, the booking continues, and you can then decide with full knowledge of the acceptance. Only cancelling a booking you know has been accepted forfeits the fee.
7.4 Definitions of the failure states
Customer No-Show. You are a No-Show if 20 minutes have passed since the Artist accepted your request and you have not checked in as arrived at the Artist's studio and have not cancelled. The Artist confirms the No-Show in their dashboard; it cannot be recorded before the 20 minutes have passed, or after you have checked in.
Artist No-Show. The Artist is a No-Show if you arrive and check in and the Artist is not present, is not ready to begin within 20 minutes of your arrival, or declines to proceed for a reason not permitted by §11.4. Once those 20 minutes have passed, your booking screen lets you report it. We notify the Artist immediately and review every report; a confirmed report refunds your Booking Fee in full. A report is a claim, not an automatic refund — Flashbook confirms it before the fee is returned.
Artist Cancel. The Artist withdraws after accepting and before you arrive.
Where a No-Show is disputed, Flashbook decides in good faith on the evidence available to it, and its decision is final as between the parties for the purposes of the Booking Fee only. It has no bearing on any other claim either party may have.
7.5 Why forfeiture is fair, and its limits
Forfeiture of the Booking Fee on a late Customer cancellation or No-Show is a genuine pre-estimate of the loss Flashbook and the Artist suffer: the Artist held a slot, turned away or did not seek other work, and the Platform bore its own transaction and operating costs. It is not a penalty and is not intended to punish.
The Booking Fee is the only amount you can lose to Flashbook by cancelling or not arriving. Flashbook will never charge you for the Artist's time, their lost revenue, or the price of the tattoo you did not receive. Whether the Artist has a separate claim against you is between you and the Artist.
Nothing in this section limits any right you have under the consumer protection legislation of your province, including any statutory right of cancellation. Where those rights conflict with this section, they prevail. See §22.
7.6 Chargebacks
If you dispute a charge with your bank rather than contacting us, we may suspend your ability to place further Walk-in Requests until the dispute is resolved. Please contact [support@flashbook.ca] first — most disputes are resolved same-day and without cost to you.
8. If an Artist lets you down
If an Artist cancels on you after accepting, or accepts and then fails to appear, you do not pay the Booking Fee. The charge is refunded in full, as §7.2 describes.
Beyond the refund, if you were left standing by an Artist who had accepted, write to [support@flashbook.ca] and we will make it right. As a goodwill gesture we may cover the Booking Fee on your next Walk-in Request. Any such credit is discretionary, is tied to the email address or phone number on the failed booking, has no cash value, is not transferable, and may be declined where we determine the failure was fabricated or collusive.
A credit is arranged by hand when you ask us for it. Nothing is applied automatically, so please write to us rather than wait for it to appear.
This is a goodwill gesture. It is not, and does not limit, compensation for any loss you suffer as a result of an Artist's failure to appear.
9. Your obligations as a Customer
When you use the Platform, you agree to:
- provide accurate contact details, and an accurate, honest description of the tattoo you want, its size, placement, and any reference images;
- disclose to the Artist, in person and before work begins, any medical condition, medication, allergy, skin condition, or pregnancy relevant to being tattooed;
- arrive sober. An Artist will refuse to tattoo you if you are intoxicated or under the influence of drugs, and this is not an Artist No-Show;
- bring valid government-issued photo identification;
- arrive within the window in §7.4, or cancel;
- treat Artists and Studio staff with respect;
- agree the price of the tattoo directly with the Artist before work begins. Flashbook does not set, see, guarantee, or collect that price. The budget you name in a request is a signal to the Artist, not a quote and not a cap;
- pay the Artist for completed work, by whatever means they accept;
- follow the aftercare instructions the Artist gives you.
10. Reference images and content
You may upload reference images with a Walk-in Request. You keep ownership of anything you upload. You grant Flashbook a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, and transmit that content solely to operate the Platform — which means, in practice, showing it to the Artist you booked. This licence ends when the content is deleted, except for copies retained in backups for the period in the Privacy Policy.
You must not upload content you do not have the right to upload, or content that is unlawful, hateful, or sexually explicit involving any person who is or appears to be a minor.
Reference images are stored in a private bucket and shown to your Artist through short-lived signed links, never a public URL. See §6 of the Privacy Policy.
Artist content. Artists grant Flashbook a non-exclusive, royalty-free, worldwide licence to host, reproduce, resize, and publicly display their profile information and portfolio images, for the purpose of operating and promoting the Platform. Artists warrant that they own or are licensed to use every portfolio image they upload, including any image depicting an identifiable client, and that they have that client's consent to display it.
11. Artist obligations
If you hold an Artist account, you represent, warrant, and agree that:
11.1 Licensing and compliance. You hold every licence, permit, registration, and public-health approval required to tattoo in your municipality and province, and you maintain them. You comply with all applicable health regulations, including those governing sterilization, single-use needles, sharps disposal, and premises inspection. You will provide proof of licensing to Flashbook on request.
You warrant that every location to which you invite a Customer met through the Platform is a lawful, clean, and safe environment that meets all applicable health, safety, and zoning requirements, that you are entitled to tattoo there, and that it is fit to receive a member of the public. Flashbook does not inspect, approve, or supervise your premises, and relies entirely on this warranty.
11.2 Insurance. You are responsible for insuring your own work. You are expected to carry commercial general liability insurance, and any professional or malpractice insurance required in your province or municipality, in amounts appropriate to the work you do — and to keep that cover current for as long as you hold an Artist account. You will provide evidence of it to Flashbook on request.
Flashbook does not insure you, does not provide cover of any kind that extends to you or your work, and does not verify that you hold any. Tattooing without the cover this section requires is a breach of these Terms and grounds for immediate suspension or termination under §19.
You are not employed by Flashbook and do not act for it. As §3 sets out, you are an independent contractor. You do not represent Flashbook, are not its agent, employee, partner, or joint venturer, and have no authority to make any commitment, promise, or representation on its behalf or to hold yourself out as doing so. The tattoo contract is between you and the Customer. Liability for your work — including any injury, harm, or loss arising from it, and any gap in your own insurance — rests with you, and you indemnify Flashbook against claims arising from it under §18.
11.3 Tax and status. You are self-employed or employed by your Studio. You are responsible for your own taxes, GST/HST registration and remittance where applicable, and your own business licensing. Flashbook does not withhold, remit, or report on your behalf.
11.4 Refusing work. You may decline any Walk-in Request, for any reason or none, before accepting it. A decline reason is required, but the Customer sees only a softened message, never the raw reason.
After accepting, you may refuse to proceed only where the Customer:
- is intoxicated or impaired;
- cannot produce valid photo identification, or is under 18;
- requests work materially different from what they described;
- discloses a medical condition that makes the work unsafe;
- is abusive to you or to Studio staff; or
- presents any other condition that makes the work unsafe or unlawful.
A refusal on one of these grounds is not an Artist No-Show. The Customer's fee is refunded and it does not count against you under §12. Log the reason in your dashboard.
Refusing a Customer on the basis of a protected ground — race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age (over 18), marital status, family status, or disability — is prohibited by these Terms and by human rights legislation, and will result in immediate termination under §19.
11.5 Availability accuracy. Set your status honestly. Marking yourself available when you are not is the single most damaging breach of these Terms an Artist can commit, and it is treated as such under §12.
11.6 Off-platform circumvention. You must not solicit a Customer introduced to you by the Platform to cancel their Walk-in Request and rebook off-platform in order to avoid the Booking Fee. This does not restrict your relationship with that Customer for any future work. Once a walk-in is complete, they are your client and Flashbook takes nothing further.
11.7 Identity, verification, and certification.
Instagram. You give us an Instagram handle and confirm, from that account, that it is yours. Until a person at Flashbook has confirmed it you do not appear on the map. The verification is a claim about one account: if you change the handle, the verification is withdrawn and you go through it again. Do not give us an account you do not control.
Legal name. You must give us your real legal name and keep it accurate. We hold it privately for verification, safety, and payment-dispute purposes; it is not shown to Customers, is not part of your public profile, and is not published anywhere on the Platform. You cannot go available without it.
Blood Borne Pathogens certificate. Uploading one is optional. If you do upload one, you warrant that it is genuine, that it is yours, and that the expiry date you give us is correct. We check that the name on the document matches your legal name and that it has not expired, and we may decline it. Where we accept it, your profile shows the badge described in §3 until the recorded expiry passes, at which point the badge disappears on its own and it is your responsibility to upload a current certificate if you want it back. Uploading a certificate that is not yours, or is altered or expired, is grounds for immediate termination under §19. A certificate on file does not reduce any obligation in §11.1, and Flashbook does not verify the training itself or contact the issuing body.
Acceptance of these Terms. You must accept the current version of these Terms to go available and take walk-ins. When we publish a material change under §20, you will be asked to accept it before you can go available again. This does not affect bookings already completed.
Where you can appear. You can only go available in a market Flashbook has launched, and you must have a location pinned. Neither is a judgment about you.
12. Artist conduct standards and suspension
Artist reliability is what the Platform sells, and we enforce it. We are telling you how, so nothing about it is a surprise.
What can lead to action:
- an Artist Cancel after accepting (§7.4);
- an Artist No-Show (§7.4);
- a persistent pattern of declining or ignoring requests while marked available;
- marking yourself available when you are not (§11.5);
- confirmed reports of unsafe, unlicensed, or discriminatory conduct;
- a report of that kind that we are still investigating, whether or not it is ultimately confirmed;
- reviews or ratings that sit persistently below the standard a Customer is entitled to expect.
Suspension. We may suspend an Artist account. While suspended, you cannot accept Walk-in Requests and you are hidden from the map and from discovery, so Customers cannot find or book you. A suspension may be temporary or, for a serious or repeated breach, permanent under §19. A single sufficiently serious No-Show or safety incident can result in immediate suspension.
While we investigate. Where we receive a report that, if it turned out to be true, would put a Customer at risk, we may suspend an Artist account while we look into it, before the report is confirmed. That is a precaution and not a finding against you. We will look into it promptly and lift the suspension if the report is not made out.
A suspension is a human decision, not an automatic one. We will tell you that your account has been suspended and the reason for it, unless telling you would be unlawful or would compromise an investigation. Reviews and ratings are a signal that prompts a person to look at an account; no score removes an Artist by itself.
Ranking. Discovery shows Artists who are taking walk-ins right now, ordered by how close they are to the Customer. We do not sell placement in discovery results, and no payment moves an Artist up or down.
Appeals. If you believe a suspension was a mistake, reply to the notice we send you or write to [support@flashbook.ca]. A person will review it, and we will lift a suspension that was wrong.
Repeated or serious breaches result in permanent termination under §19.
13. Prohibited conduct
You must not:
- use the Platform for anything unlawful, or to arrange work on a minor;
- book a Walk-in Request you do not intend to attend, or place requests to occupy an Artist's availability;
- impersonate anyone, or create an Artist account for an artist who has not consented;
- upload malware, scrape the Platform, circumvent rate limits, or attempt to access data you are not entitled to — including any Artist's exact location before that Artist has accepted your request;
- reverse-engineer, decompile, or interfere with the Platform's operation;
- use the Platform to harass, threaten, or discriminate against anyone.
14. Intellectual property
The Platform, its name, logo, design, and software are owned by Flashbook and protected by copyright, trademark, and other laws. These Terms grant you a limited, revocable, non-exclusive, non-transferable licence to use the Platform for its intended purpose. Nothing more.
You may not use the Flashbook name or marks without our prior written consent, except that an Artist may truthfully state that they take walk-ins through the Platform.
15. Third-party services
The Platform depends on services we do not control, including payment processing, mapping and location, email, and SMS delivery. We are not responsible for those services' availability or acts, and their own terms apply to your use of them. Map data and travel estimates are provided for convenience and are not navigation instructions — obey traffic law and use your judgment.
16. Disclaimers
The Platform is provided "as is" and "as available." To the maximum extent permitted by law, Flashbook disclaims all warranties, express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Specifically, and without limiting the above, we do not warrant:
- that any Artist is licensed, insured, competent, or safe;
- that any Artist will accept, attend, or complete any booking;
- that an Artist's displayed availability, location, rating, or portfolio is accurate;
- that a tattoo will meet your expectations, heal correctly, or be free of complication;
- that the Platform will be uninterrupted, secure, or error-free.
Tattooing carries inherent risks, including infection, allergic reaction, scarring, bloodborne disease transmission, and permanent, irreversible alteration of your skin. You assume those risks. They are matters between you and your Artist, and you should satisfy yourself as to the Artist's licensing and hygiene practices before being tattooed.
Availability and data. We do not guarantee that the Platform will be available, uninterrupted, timely, or error-free. It may be slow, unavailable, or interrupted at any time, with or without notice, including in the middle of a booking, and a message, alert, or notification may be delayed or fail to arrive. We are not liable for any loss, missed booking, or other consequence arising from the Platform being unavailable or from a failure to deliver any communication, nor for the loss or corruption of any data. You are not charged a Booking Fee for a booking that cannot proceed because the Platform is unavailable.
17. Limitation of liability
To the maximum extent permitted by law:
17.1 Flashbook is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, however caused, whether in contract, tort (including negligence), or otherwise, even if we were advised of the possibility.
17.2 Flashbook's total aggregate liability to you, for all claims arising out of or relating to the Platform, is limited to the greater of (a) the total amount you paid Flashbook in the twelve months before the event giving rise to the claim, and (b) CAD $50.00.
17.3 Flashbook is not liable for the acts or omissions of any Artist, Studio, or Customer, including any injury, infection, disfigurement, property damage, theft, assault, or harassment arising from a booking. Your recourse for those is against the person responsible.
17.4 Nothing in this section excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or under applicable consumer protection legislation. Some jurisdictions do not allow the exclusion of implied warranties or the limitation of incidental damages, so parts of §16 and §17 may not apply to you.
18. Indemnity
You will indemnify and hold harmless Flashbook, its directors, officers, employees, and agents from any claim, demand, loss, liability, and expense (including reasonable legal fees) arising from: your breach of these Terms; your violation of any law or of anyone's rights; content you upload; and, if you are an Artist, any claim arising from the Tattoo Services you provide.
This does not apply to the extent the claim arises from Flashbook's own negligence or wilful misconduct.
19. Suspension and termination
By you. Artists may close their account at any time from account settings, or by writing to [support@flashbook.ca]. Customers hold no account; simply stop using the Platform. Closing an account does not refund a forfeited Booking Fee or cancel an obligation you already owe an Artist.
By us. We may suspend or terminate your access, with notice where practicable and immediately where not, if you:
- breach these Terms, materially or repeatedly;
- are suspended under §12 and the conduct continues;
- tattoo a minor, or arrange to;
- discriminate against a Customer on a protected ground;
- lose a licence, permit, or insurance required by §11;
- commit fraud, including fabricating a No-Show to obtain a credit or a refund; or
- pose a risk to the safety of another user.
At our discretion. The grounds above are the ones we expect to rely on, but they are not the only ones. We may suspend or withdraw an Artist's access at any time, at our discretion, where we judge in good faith that continued access is not compatible with the safety of Customers, the standards in §11 and §12, or the integrity of the Platform — including while we investigate a report, and including where an Artist's reviews or ratings sit persistently below the standard a Customer is entitled to expect.
A suspension or withdrawal under this section, or under any ground above, takes effect immediately and without advance notice. §20 governs changing these Terms; it has nothing to do with enforcing them against an individual account. You are told once it has happened, and the appeal below is how it gets undone if we got it wrong.
A place on the Platform is a service we offer, not a right acquired by holding an account. Nothing in these Terms entitles any Artist to remain listed, to appear on the map, or to receive any number of Walk-in Requests, and we do not owe compensation for bookings an Artist did not receive because their access was suspended or withdrawn.
Where we terminate an Artist account, we will tell you why, unless doing so would be unlawful or would compromise an investigation. The appeal route in §12 applies, and it applies to a withdrawal under the discretion above exactly as it does to any other.
Sections 3, 7.5, 10, 14, 16, 17, 18, 21, and 22 survive termination.
20. Changes to these Terms
We may change these Terms. A change is material if it alters the Booking Fee, the forfeiture rules in §7, the suspension rules in §12, or your rights under §17 or §21.
Artists agree again, rather than being given notice. A material change is put in front of you on your dashboard, with a link to read it, and you cannot go available or accept a Walk-in Request until you agree to it. There is no waiting period because there is nothing to wait through: the change binds you only once you have accepted it, and you are asked at the moment it would first affect you rather than in an email weeks beforehand.
If you would rather leave than agree, nothing traps you in the meantime. Taking yourself off the map works whether or not you have accepted, so does closing your account under §19, and a change never reaches back to a booking you have already completed.
Customers are told, because there is no account to ask through. A material change is posted prominently on the Platform before it takes effect, and placing a Walk-in Request after that is acceptance of it. A change never applies to a booking you have already placed.
Non-material changes — typographical corrections, clarifications, new sections that do not reduce your rights — take effect on posting.
21. Governing law and disputes
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, without regard to conflict-of-laws rules.
Talk to us first. Before starting any proceeding, please write to [legal@flashbook.ca] with a description of the dispute and what you want. We will respond within 30 days.
If we cannot resolve it, the courts of British Columbia have exclusive jurisdiction, and you and Flashbook each consent to their jurisdiction and venue.
Small claims. Nothing above prevents either party from bringing a claim in the small claims court of a competent jurisdiction.
22. Your statutory rights
If you are a consumer, you have rights under the consumer protection legislation of your province that cannot be waived by contract. These Terms do not exclude, restrict, or modify those rights, and where any clause here conflicts with them, the statute prevails and the rest of these Terms continue in force.
Residents of Quebec: these Terms are subject to the Consumer Protection Act (Quebec), and you may bring proceedings in the district of your domicile regardless of §21.
23. General
Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and Flashbook about the Platform, and replace anything said before.
Severability. If a court finds any provision unenforceable, that provision is severed or read down to the minimum extent necessary, and the rest stays in force.
No waiver. Not enforcing a provision is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you.
Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control.
Language. Les parties ont exigé que la présente convention et tous les documents connexes soient rédigés en anglais. The parties have required that this agreement and all related documents be drawn up in English.
Notices. We contact you at the email address you gave us. You contact us at the addresses in §24.
24. Contact
Flashbook Tattoos Inc. 1839 Commercial Dr Vancouver, BC V5N 4A6 Canada
- General: [support@flashbook.ca]
- Legal: [legal@flashbook.ca]
- Appeals: [appeals@flashbook.ca]
- Privacy: [privacy@flashbook.ca]
- Security: [security@flashbook.ca]