Terms and Conditions

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Terms and Conditions

Updated: 04-08-2024

General Disclaimer:

Memories in 4D is a registered trade name of the parent LLC, AR Imaging Enterprises, LLC. It is understood that every time that "Memories in 4D" is used that it is referring to the LLC for which it is a tradename for, AR Imaging Enterprises, LLC. Throughout these terms and conditions, the "Memories in 4D" tradename will be substituted for AR Imaging Enterprises, LLC. As defined in this document, Memories in 4D shall include AR Imaging Enterprises, LLC. trademark, Memories in 4D, its owners, officers, agents, employees, independent contractors, attorneys, and all affiliated related entities.

1. General

These terms and conditions oversee the use of Memories in 4D’s website, “www.memoriesin4d.com”, The term “client”, “customer”, “you”, and “your” refers to individuals, their families, their guests, and their children who utilize in-home service/services at your venue, do business with, or visit the premises of Memories in 4D or any studio/office space rented by Memories in 4D. Memories in 4D are hereby referred to as “we”, “our” and “us”. 

Please read these terms and conditions carefully as they affect your rights and liabilities under the law. By using www.memoriesin4d.com, purchasing merchandise, or electing services you agree to be legally bound by these terms. These terms and conditions are subject to change by Memories in 4D, in its sole discretion, at any time without prior written notice. As a result, please check this page at least once a month, prior to all appointments/services/purchases, or when in doubt.

Failure to enforce any part of the following: Terms and Conditions, Authorization and Release, Privacy Policies, Waiver of Liability or any other document, policy, or disclaimer associated with Memories in 4D does not constitute a waiver of the terms or agreements therein.

Memories in 4D reserves the right to refuse services to anyone for any reason deemed lawful under federal and state laws.

The www.memoriesin4d.com website is owned and operated by AR Imaging Enterprises, LLC., whose mailing address is 4029 Pearl Road #1015 Medina Ohio, 44256. Inquiries about these terms and conditions can be made by mail at the address above, or by email (memoriesin4d@gmail.com). Please place “POLICY INQUIRY” in all caps, in the subject line of the email or at the top of the letter that is mailed through traditional mail services.

2. Data Protection and Privacy

All information that is provided by you is subject to storage on our website or in our databases, databases of programs that facilitate daily operations such as, but not limited to emailing services/platforms, data storage areas/files both physical and digital. These systems are not encrypted. Any personal information given to us by you will be stored and used in accordance with our Privacy Policy. This Policy describes the data we collect and what we do with it. If you have questions or concerns about your data please feel free to contact us via submitting an email response on our website at: https://memoriesin4d.com/contact-usor by following the steps outlined in #1 of this document.

We regard your privacy and security with the utmost importance and are committed to safeguarding all information you share with us. All information that is obtained by us in person and on our website is voluntarily given by you. We only collect personal information for the purpose of email correspondence with you if you have signed up for our email list, to reply to a question or message that you have sent us on our site, to process a payment or deposit on your behalf for ultrasound services, or other routine daily business activities. We are committed to protecting your information and we never sell your data with any third party or share your data with any party that is not directly necessary for processing of a payment you have authorized.

3. Website Terms and Conditions of Use

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

4. Copyright

All content included on the website, such as images, descriptions, graphics, text, service marks, icons, images, logos, distinctive phrases, audio clips, video clips, digital downloads, contracts, waivers, releases, terms and conditions, data compilations, and software, are the exclusive property of AR Imaging Enterprises, LLC, its affiliates, other companies within AR Imaging Enterprises. LLC, Memories in 4D or its content suppliers and is protected by Ohio State Law and copyright, trademark, and other intellectual property rights. No rights are granted to use any of them without prior written consent and no content may be copied without written consent. This website nor any portion of this website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our written consent. Infringement of our rights will result in applicable legal action.

5. Severability

If any part of these Terms and Conditions, Authorization and Release, Privacy Policies, Waiver of Liability or any other document, policy, or disclaimer associated with Memories in 4D is found to be unlawful, in no way does that void the validity of the remaining documents, policies, or disclaimers, neither does it void the entire document, policy, or disclaimer. Only the unlawful portion will be deemed ineffective or void and is severed from the remaining document, policy, or disclaimer. 

6. Products and Services

By purchasing merchandise, products, made-to-order items, or electing services from Memories in 4D you are assuming all responsibility of the outcome of the use of those products or services. You agree to indemnify, release and hold harmless Memories in 4D its employees, its agents, its assignees from any and all claims or causes of action for injury, harm, loss, damage or other liability, including reasonable attorney’s fees which result from, or are alleged to result from, any service provided or performed or agreed to be performed against liabilities arising out of any injury to person or property caused by any products sold by or otherwise distributed, and services provided in connection with Memories in 4D. All products are sold “as is” and no warranties, expressed or implied are given. If disagreements or discrepancies arise you agree to any and all legal proceedings within 50 miles of Memories in 4D main address at 4029 Pearl Road #1015 Medina Ohio, 44256.

Every attempt has been made to create an accurate description and image representation of all products and services. Colors may vary slightly depending on computer monitors and are not guaranteed. Although we do our best to create a true representation of quantities, we do not guarantee the quantity of any item or service listed on our website. We reserve the right to remove any product or service from our offering at any time, for any reason. 

Due to the custom nature of our services, the fact that our elective ultrasound services require the cooperation of your baby (in utero) every reasonable attempt will be made to obtain the best possible images during the agreed-upon time frame, but there is no guarantee of image quality nor is there an expectation of a “redo” ultrasound session due to poor quality images. We employ highly trained and ARDMS registered sonographers which increases the likelihood that we will be able to obtain images of your baby but again no guarantee expressed or implied is being made. Please refer to our FAQ’s on our website to understand more about the limitations of ultrasound which include but are not limited to, maternal tissue, amniotic fluid, fetal position, placental location, and fetal movements. 

7. Made-to-Order Products

Made-to-order items are custom in nature and not able to be returned or exchanged. Once a custom product has been ordered returns and exchanges of the product are no longer accepted unless there is an agreed-upon major defect in the product, stated in writing (email is acceptable) by the you to Memories in 4D within the first 24 hours of receipt of the item. (Microbubbles in resin products do not constitute a major defect and are sometimes unavoidable.) This policy includes custom gender reveal items and any other customized product or service. Minor changes to custom orders are permitted at the sole discretion of Memories in 4D. We want you to love your order but are unable to cover the additional costs of changes after an order has begun to be processed and created. 

8. Fees and Payments

Memories in 4D reserves the right to change its fees for services and products at any time. Payment is due at the time of service. We require $40 deposit/credit card hold for in-home and studio appointments and a $75 hold/deposit for any party appointment to secure the time slot, with remainder due at the appointment time. Most major credit cards, cash, PayPal, and various payment apps are accepted for your convenience. The deposit is applied towards the purchase price of the session and is due upon the rendering of services. Please see the Cancellation and Rescheduling Policy for full details.

9. Return Policy

Due to the unique nature of our services, most sales are final. This includes in-home and studio ultrasound services, baby shower and gender reveal parties, thermal B/W printed pictures, printed color pictures, and all custom or made-to-order items. Exceptions are made for merchandise that is found to have a major defect and returned with a receipt within 2 weeks of purchase abiding by the below guidelines.

• New/unused/unopened products (excluding Made-to-order items, printed pictures, and ultrasound services) may be returned or exchanged within 14 days and the client must notify Memories in 4D in writing, email is acceptable, to start the return process. Reason for return is required. The return will be promptly processed, and the client’s payment will be refunded in the same manner as payment was received or store credit given within 7 business days of the return of the new item. It is the responsibility of the client to return the item to the seller for a refund.
• Defective items are refundable for 14 days under the same policies as stated above.
• Ultrasound Photos are selected by the client prior to printing and as such are nonrefundable. 
• All items must be examined by Memories in 4D staff prior to refund or store credit being given. Memories in 4D reserves the right to deny refunds if product quality is not in the same condition as it was sold in. 

10. Appointment times, Late Arrival, and No-shows

All of our appointment times are strictly adhered to in order to allow everyone a smooth and timely day and an enjoyable experience. 

· Please be sure to arrive about 5 minutes prior to your appointment time for studio appointments or for in-home appointments be ready for the appointment 5-10 minutes prior to the appointment time. 

· If you are more than 10 minutes late for an appointment, we will try to work you back into the schedule but will most likely need to reschedule your appointment to ensure minimal wait times for our clients. While Memories in 4D cannot guarantee a same-day appointment, we will always try to re-schedule any missed appointments whenever possible depending on the schedule capacity. 

· The client may face losing their appointment without a refund of the deposit. We offer a flexible and fair cancellation policy should you need to cancel or reschedule your appointment for any reason, we ask that you please call 24 hours ahead of your scheduled time. 

Please see Cancellation and Rescheduling Policy for full details.

11. Cancellation and Rescheduling

• We require ALL ultrasound sessions (in-home or in-office) to be canceled or rescheduled with at least 24 hours notice or non-refundable deposit of $40 will be forfeited. This ensures adequate time to fill the slot with another client. 
• Ultrasound Parties (baby showers and gender reveals) require at least 72 hours notice for rescheduling or cancellation as those appointments are about 2 hours each in length and are very extensive. 
• Customers who have booked an in-office session and fail to make their appointment without any notification will be charged the full package price for the session upon the end of the appointment session.
• There will be no forfeiture of the deposit if the appointment is rescheduled 24 hours before the appointment time.

12.  Gift Certificates

Memories in 4D gift certificates are only worth the face value stated on the certificate. They are not transferable or redeemable for cash and not valid for use towards purchases of additional merchandise. They may however be used to purchase Made-to-order items in addition to an ultrasound session if there is a remaining balance after the ultrasound services are paid in full. We allow this because when buying the gift of an ultrasound session we understand that the gifter may not know when in the pregnancy or what kind of ultrasound session the expectant mother will desire to have, as such we allow excess funds from a gift certificate balance to be spent on made-to-order merchandise. Gift certificates expire 12 months from the date of issuance.

13. Pictures/Video Recording/ Facebook live/ other live video or audio feeds during the session

Video recording and picture taking on personal devices during the session is strictly prohibited without expressed written consent from Memories in 4D. This is to keep the ultrasound sessions and experiences uniform and enjoyable in nature. It is very distracting in a dark environment to have the potential for camera and video flashes. Video quality in a dark room is a suboptimal representation of the beautiful memories that we wish to create for you and your family.

During the visit, Memories in 4D has Livestream options for your ultrasound session. This is a very exciting feature that we use to share the ultrasound screen with anyone around the world with an internet connection that you would have the opportunity to share the link with.

We understand that this is a very special moment and as such we are excited to include a 4x6 color picture of your family next to the ultrasound picture of your baby on your TV screen or ultrasound monitor with all ultrasound sessions.

14. Use of any Memories in 4D Facilities

Memories in 4D strives to provide the best possible service to all our clients, but we will not tolerate any unlawful activity or abuse of our facility, staff, or equipment. You are responsible for all damages caused, deliberately or by accident, by yourself, your guests, or children and agree to be billed the replacement value of items accordingly. You are required to provide proper supervision of any children that accompany you to your appointment and assume all responsibility for their actions while on the premises, including but not limited to damage to equipment or machinery at in-home appointments. 

15. Number of Guests

At this time our in-studio ultrasound sessions are designed to accommodate the client and a maximum of up to 4 additional guests (including children) due to room constraints. In order to have a larger number of guests at the ultrasound session, please book an in-home ultrasound session or party package if more than 4 guests are desired to attend. 

16. Summary of Waiver of Liability, Terms and Conditions, Release Forms

You attest you have received and/or signed/returned all Waiver of Liability, Terms and Conditions, Authorization and Release Forms, and Privacy Policies before receiving any services at Memories in 4D and certify that client has read and understands the content of all forms signed.

You agree to use all Memories in 4D services and facilities at your own risk. Memories in 4D specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Memories in 4D be liable for any loss, or any other damage, including but not limited to special, incidental, consequential, or other damages for any product, merchandise, or service offered/purchased/given away for free. Here is a small excerpt and summary of some of the items in the Waiver of Liability. Please see the waiver that is signed before all services for full details.

Client hereby agrees to defend, indemnify, release and hold harmless, AR Imaging Enterprises, LLC/Memories in 4D it's owner(s), its employees, its agents, its assignees from any and all claims or causes of actions for injury, harm, loss, damage or other liability, including reasonable attorney’s fees which result from, or are alleged to result from any service provided or performed or agreed to be performed, the failure to the above-named entities to accurately determine fetal gender/sex, any other characteristics of the fetus, including but not limited to fetal anomalies, or damages/injuries resulting from ultrasound which are not now known. The client agrees to defend, indemnify, release and hold harmless the above-named entities against liabilities arising out of any injury to person or property caused by circumstance in thier own home or at the studio/office of Memories in 4D or any building with which Memories in 4D has an agreement to operate within. The client agrees to defend, indemnify, release and hold harmless the above-named entities against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Memories in 4D’s services and with respect to any complaints that arise against Memories in 4D. This includes claims of negligence. The client agrees that they shall have no right whatsoever to file any lawsuit or institute any other action or legal proceedings of any type arising out of or in any way related to their visit to Memories in 4D. If any claims are alleged, the client agrees to arbitration in the State of Ohio, within 50 miles of Memories in 4D, at the clients’ own expense, if any disagreements occur. Memories in 4D shall be the sole judge of what violates this Policy. 

Client acknowledges that they are under the care of a physician, midwife, or another qualified medical professional for this pregnancy and have had a prenatal office visit or telehealth office visit during the course of this pregnancy. Client acknowledges that all services provided by Memories in 4D are elective in nature, do not require a doctor’s order, and are not seen or interpreted by a doctor or radiologist for medical purposes. Client acknowledges that this is not a screening service for fetal abnormalities, maternal medical conditions, and does not ultimately confirm or change my due date (EDD). Client acknowledges that all conversations expressed by any member of staff or sonographer at Memories in 4D are not medical advice and should not be interpreted as such. Any and all recommendations about the plan of care will come from the medical professional and not from Memories in 4D. The client understands they are responsible for contacting their healthcare provider with any and all questions that arise concerning their pregnancy or this elective ultrasound. The client acknowledges that diseases are contracted in many ways including but not limited by close contact and respiratory droplets. COVID-19/Coronavirus/SARS-CoV2 and other diseases are stated to be contracted this way. The client is fully aware and acknowledges that an inherent risk of exposure to diseases like this exists and by requesting ultrasound services, the client assumes all risks related to exposure to any disease including but not limited to COVID-19/Coronavirus/SARS-CoV2. 

Please see the paper copies of the Waiver of Liability, Terms and Conditions, Authorization and Release, and Privacy Policies for full details of all conditions therein.

Client understands that this Waiver/Terms and Conditions/ and Release Forms are binding legal documents that affect their legal rights. Furthermore this Waiver/Terms and Conditions/ and Release Forms binds the client and also their spouse, significant other, children, heirs, guests, representatives, and guardians (for clients that are minors in the states’ eyes). Written consent must be provided for pregnant minors under the age of 15 to receive services at Memories in 4D. It is the responsibility of the client to clearly disclose thier age to Memories In 4D staff so that consent can be obtained. If not disclosed, Memories In 4D is not liable if additional consent form is not signed.  Memories in 4D provides a specific form for minor consent to services, which is legally binding in its entirety. 

These terms and conditions constitute an agreement between the client and Memories in 4D with respect to our website and the services we provide through it and supersede all prior communications and agreements between us, whether electronic, oral or written, concerning the subject matter contained in our website. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Failure to enforce any of the above does not constitute a waiver or the terms and conditions therein.

You are not permitted to assign your rights under these terms and conditions. We try to make sure that the information you see on www.memoriesin4d.com is complete and as accurate as possible, although we make no express claims of such. If there is anything that you think we can improve, please email us at memeoriesin4d@gmail.com Visit the “Contact Us” page of our site if you have a general inquiry, customer service-related inquiry or anything else you would like to ask.  Alternatively, you can write to the following address: Memories in 4D 4029 Pearl Road #1015 Medina Ohio 44256.