1) Site-Wide Copyright / No-Copy Notice 
COPYRIGHT NOTICE 
All written policies, terms, pricing language, educational copy, and tattoo process materials on this website are copyrighted and are the proprietary text of King ‘Afa / Lapita LLC d/b/a Kalia Tattoo Studio (“Kalia”). No copying, no republishing, no “template theft,” and no derivative use is permitted—whether by tattoo artists, studios, agencies, or third parties—without prior written permission. Unauthorized copying may result in DMCA takedown notices, platform/host complaints, and legal action where appropriate.
DMCA / COPYRIGHT CONTACT (Notices): contact@kingafa.com
General Contact: PolynesianTribal@gmail.com

2) Kalia Studio Website Terms of Service (Platform Terms) — NO ARBITRATION

KALIA STUDIO — WEBSITE TERMS OF SERVICE (NO ARBITRATION)
Last Updated: [ August 16th 2025]
These Website Terms of Service (“Terms”) govern access to and use of the Kalia Studio / KingAfa.com website (the “Site”), including any content, booking links, downloadable documents, forms, and any e-commerce offerings (collectively, the “Platform”). By accessing or using the Platform, you agree to these Terms.
Business Identity:
This Platform is owned/controlled by Lapita LLC d/b/a Kalia Tattoo Studio and operated by King ‘Afa (“Kalia Tattoo,” “we,” “us”). King ‘Afa may also provide tattoo services as an independent guest tattoo artist at third-party studios (including Lakimii Tattoo LLC) under separate facility rules and fee structures.
1) Eligibility
You must be 18 years or older to use booking features or purchase services/products offered through the Platform.
2) Platform Is Informational; No Medical/Legal Advice
Content on the Platform is provided for general information and artistic/educational purposes. It is not medical or legal advice. Tattooing involves inherent risks and outcomes vary by skin, health, and aftercare.
3) Booking, Payments, and Authorizations
If you purchase a service, pay a deposit/retainer, or submit payment information, you authorize charges consistent with the invoice/booking page displayed at checkout. Payment processors may apply processing fees that are not controlled by Kalia.
4) Returns / Refunds (Website Purchases)
All sales are final unless explicitly stated on the product/service checkout page. For issues involving a physical product shipment (if offered), contact us within 5 days of delivery with photos and order details.
5) Prohibited Conduct
You agree not to:

• attempt unauthorized access to the Platform;

• interfere with site operation;

• harass, threaten, defame, or impersonate others;

• scrape, reproduce, or republish Platform content without permission.

6) Intellectual Property (Site Content / Policies / Copy)
The Platform and all text, images, logos, terms, policies, articles, designs, and downloadable materials are protected by copyright, trademark, and other laws.
No License Granted: Except as expressly allowed, nothing grants you any ownership rights in Kalia intellectual property.
No Copying / No Republishing / No Template Theft:
You may not copy, reproduce, republish, translate, modify, or create derivative terms/policies based on this Platform’s written materials for use on another website or business—even if you change a few words—without prior written consent.
7) User Submissions
If you submit messages, images, or other materials (“User Content”), you represent you have rights to share them. You grant Kalia a limited license to use User Content only as needed to communicate, provide services, document work, and protect against fraud/disputes.
8) Third-Party Links
The Platform may link to third-party sites (payments, social media). Kalia is not responsible for third-party content or policies.
9) Disclaimers
The Platform is provided “as-is” without warranties to the maximum extent permitted by law. We do not guarantee uninterrupted or error-free operation.
10) Limitation of Liability
To the maximum extent permitted by law, Kalia Tattoo is not liable for indirect, incidental, special, consequential, or punitive damages. Where liability cannot be excluded, liability is limited to the amount paid for the specific item/service giving rise to the claim.
11) Indemnification
You agree to indemnify and hold Kalia Tattoo harmless from claims arising out of your misuse of the Platform, violation of these Terms, or infringement of third-party rights.
12) Changes to the Platform and Terms
We may update the Platform and these Terms at any time. The version in effect at the time of your purchase/booking controls that transaction unless a written addendum is signed.

13) Governing Law; Venue; Dispute Resolution (NO ARBITRATION)
These Terms are governed by California law (without regard to conflict rules).
Venue: Any dispute must be brought in the state or federal courts located in Los Angeles County, California, unless the claim qualifies for California small claims court.
Good-Faith Resolution: Before filing, you agree to send a written notice describing the issue and requested resolution to:
Legal Notice Email: contact@kingafa.com
Allow 10 business days for a good-faith attempt to resolve the matter.
Injunctive Relief for IP: Kalia may seek injunctive relief in court to stop unauthorized copying, infringement, or misuse of intellectual property.

14) Contact for Notices (Including DMCA)
DMCA / Legal Notices: contact@kingafa.com
General Contact: PolynesianTribal@gmail.com

KALIA TATTOO STUDIO — TATTOO SERVICES TERMS (NO ARBITRATION)
Last Updated: [ August 16th 2025 ]
These Tattoo Services Terms (“Tattoo Terms”) govern tattoo services provided by King ‘Afa / Lapita LLC d/b/a Kalia Tattoo Studio (“Studio”). By paying any deposit/retainer, approving an invoice, booking an appointment, or receiving services, you agree to these Tattoo Terms.
1) Eligibility + ID

• Must be 18+ with valid photo ID.

• You must provide accurate contact information.

2) Tattooing Is a Process-Based Professional Service (Not Retail Goods)
You are not “buying ink.” You are paying for professional services including:

• consultation (phone/text/email/video), cultural guidance, design development,

• body measurement and placement mapping,

• sterile setup and safety compliance,

• execution time, pacing, and professional judgment.

3) Quotes Are Scope-Based Estimates
Quotes are based on the scope discussed (placement, coverage, complexity, skin conditions disclosed). Final design/time may adjust for anatomy, skin response, scar tissue, swelling, and safety.

4) Deposit / Booking Retainer (Non-Refundable, Transferable Once)

• The deposit is a booking and design retainer that reserves time and initiates planning/admin work.

• Non-Refundable Once Work Begins: once scheduling/design/admin work starts (including consult communications and prep), the retainer is earned and non-refundable.

• Transferable Once: may be moved one time to the next available date if rescheduled with at least 14 days’ written notice.

• Late Reschedule / Same-Day / No-Show: forfeits the retainer.

• If the Studio pauses the session for safety (skin swelling, constant movement, pain tolerance), payments remain applied to services rendered and to continuation.

5) No Preview / No Release of Drafts

• No advance previews or draft files are sent.

• No release of stencils, templates, or digital drafts.
  This protects originality, cultural integrity, and prevents copying.

6) Safety Pause Policy (Not Abandonment)
The Studio may pause/stop a session if skin swelling, skin stress, movement, or pain tolerance risks scarring or injury. A safety stop is not abandonment and does not create a refund right.
7) Scope Change Policy (Placement / Size / Coverage / Detail)
A scope change includes changes in placement, size, coverage area, added panels/background fill, or increased detail.

• Scope changes require written approval and may require a re-quote/addendum before additional work proceeds.

• Amounts already paid remain applied to services rendered.

8) Facility / Booth Fees (Guest Artist Reality)
If your appointment is performed at a third-party studio (including guest spots such as Lakimii Tattoo LLC and Unlimited Ink Tattoo), you acknowledge:

• The Studio may incur booth / facility rental fees to hold your date/time.

• Facility fees are generally non-recoverable once reserved and may be included or itemized on invoices.

9) Client Conduct + Session Pacing
For safety and quality:

• You must follow positioning and pacing instructions.

• Excess movement, impairment, aggressive conduct, or refusal to follow safety instructions may result in termination of the session.

10) Aftercare + Healing Outcomes
Healing varies by skin type and aftercare. Healing differences do not equal defective service and do not create refund rights. Touch-ups, if offered, are subject to skin condition, timing, and pricing disclosed by the Studio.
11) Photography / Documentation
The Studio may photograph/video the work for portfolio, documentation, education, and dispute protection. If you request confidentiality in writing before service begins, the Studio will make reasonable efforts to honor it except where documentation is needed for legal/chargeback defense.
12) Termination of Services
The Studio may terminate services if:

• harassment/threats/boundary violations occur,

• repeated scope disputes occur without written approval,

• continued work creates safety/professional risk,

• bad-faith payment disputes are initiated.
  Amounts paid remain applied to services rendered.

13) Intellectual Property + Client License

• All designs, layouts, drafts, and design systems are Studio intellectual property.

• Payment does not transfer ownership.

• Client receives a limited, personal, non-commercial license to display the tattoo on the body and share photos for personal use.

• No copying, reproduction, merchandising, commercial branding use, or third-party replication without a separate written license.

14) Billing Disputes (Clean Procedure)
Before escalating to any bank/payment processor, you agree to contact the Studio in writing to attempt good-faith resolution. The Studio maintains documentation (invoice, consent, service logs, messages) to verify services rendered.

15) Limitation of Liability
To the maximum extent permitted by law, liability is limited to the amount paid for the specific session(s) giving rise to the claim, except where prohibited.
16) Governing Law; Venue; Dispute Resolution (NO ARBITRATION)
California law governs. Any dispute must be filed in Los Angeles County, California state or federal courts, unless eligible for California small claims court.
You agree to send written notice of the issue to contact@kingafa.com and allow 10 business days for a good-faith attempt to resolve the matter before filing.
For intellectual property misuse/infringement, the Studio may seek injunctive relief in court.
17) Contact
DMCA/Legal Notices: contact@kingafa.com
General Contact: PolynesianTribal@gmail.com


DEPOSIT / BOOKING RETAINER POLICY (KALIA TATTOO STUDIO)
To secure an appointment, a booking retainer (deposit) is required. This retainer reserves the appointment time and initiates professional work including consultation communications, scheduling administration, and design planning.

Non-Refundable Once Work Begins
Because consultation time, scheduling, planning, and preparation are non-recoverable, the retainer becomes non-refundable once work begins, including any consultation communications (text/email/phone/video), scheduling/admin work, or design development.
Transferable One Time (With Notice)
Your retainer may be transferred one time to the next available date if you reschedule with at least 14 days’ written notice.

Late Reschedule / Same-Day / No-Show
Rescheduling within 14 days, same-day cancellations, or no-shows result in forfeiture of the retainer.
Safety Pause Is Not Abandonment
If a session is paused for safety reasons (swelling, movement, pain tolerance, skin stress), payments remain applied to services rendered and to continuation/completion under the agreed scope.
Billing Disputes
If you have a billing concern, contact the Studio in writing first so we can resolve it in good faith before any bank or payment processor escalation.


SCOPE CHANGE POLICY (PLACEMENT / SIZE / COVERAGE / DETAIL)
Your quote is based on the scope discussed (placement, coverage, size, and complexity). A scope change includes any change to:

• placement (forearm to upper arm, shoulder, chest, etc.)

• size/coverage area

• added panels/background fill

• increased detail or expansion beyond the original plan

Written Approval Required
Scope changes require written approval (text/email is acceptable) before additional work proceeds.
Re-Quote / Addendum
Scope changes may require a revised quote, added time, added deposit/retainer, or a written addendum.
Payments to Date
All amounts already paid remain applied to services rendered and the agreed scope. No prior work becomes “free” due to later changes.


DISPUTE RESOLUTION; GOVERNING LAW; VENUE (NO ARBITRATION)
This agreement is governed by California law. The parties agree to attempt good-faith resolution first. Before filing any claim, you will send written notice describing the issue and requested resolution to contact@kingafa.com and allow 10 business days to attempt resolution.
Any dispute arising out of or relating to services, payments, or policies will be brought exclusively in the state or federal courts located in Los Angeles County, California, unless the claim is eligible for California small claims court.
For unauthorized copying, infringement, or misuse of Studio intellectual property, the Studio may seek injunctive relief and other remedies available under law in a court of competent jurisdiction.





 

KALIA STUDIO

IMPORTANT: PLEASE READ ALL OF THE FOLLOWING TERMS OF SERVICE (THESE "TERMS") CAREFULLY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE (BUT ARE NOT LIMITED TO) VARIOUS LIMITATIONS AND EXCLUSIONS, A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Kalia Studio provides an online platform showcasing the company's creative design services and related offerings (the "Platform" as further defined below). The Platform may also serve as an e-commerce site for select Kalia Studio merchandise. The Platform can be accessed through websites, mobile applications, or other means.

These Terms encompass not only the following Terms of Service but also incorporate by reference all policies, guidelines, special or supplemental terms and conditions of use or service posted by us on the Platform from time to time. Our Privacy Policy, available at [Privacy Policy URL], outlines how Kalia Studio collects and uses your information in relation to your use of our Platform and related products or services.
By accessing, browsing, submitting information to or through the Platform, or using any service offered on or through this Platform, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms without modification, you are not authorized to access or use this Platform.

Any individual visiting or using this Platform is referred to as a User. In these Terms, "You", "you", "Your", or "your" refers to Users. If you accept or agree to these Terms on behalf of a company or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

• Acknowledgments and Disclaimers

  • Explanation of the Platform

 

Kalia Studio may offer an online interactive and informational website, the Platform, which provides insights into the company's design services and related offerings. The Platform might also include e-commerce features and links to affiliated dealers, distributors, and partners. However, you understand that the Platform is provided for informational purposes only.
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1. Disclaimers
NEITHER WE NOR ANY OF OUR THIRD-PARTY LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO ANY ASPECT OF THE PLATFORM. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MORE. WE DO NOT GUARANTEE THAT THE PLATFORM WILL FUNCTION AS DESCRIBED, BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
IN NO EVENT WILL KALIA STUDIO BE LIABLE FOR DAMAGES ARISING FROM THE USE OF THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THEM, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.

• Modification of Platform or Terms

Kalia Studio reserves the right to modify the Platform or these Terms at any time without prior notice. Your continued use of the Platform after any modifications indicates your acceptance of the updated Terms.

• User Eligibility

Access to the Platform is intended for individuals aged 18 or older. Use of the Platform by anyone under 18 is prohibited. By using the Platform, you confirm that you are at least 18 years old.

• Accounts

• Registration, Profile, and User Content

To access certain features, you may need to create an Account. Your Account profile will be based on the User Content you provide. You authorize us to use this information to create an Account for you. You are responsible for your Account's confidentiality and activities conducted under it.

• Limitation, Suspension, Termination, and Cancellation of Accounts

Each User may have only one Account. Kalia Studio may limit, suspend, deactivate, or cancel your Account at its discretion, with or without cause, and without notice. You can cancel your Account anytime or contact us for assistance.

• Kalia Studio Communications

We may communicate with you through various means, including email, text, telephone calls, and push notifications, regarding your use of the Platform or our services.

• Orders, Returns, and Financial Terms

• Placing Orders

If the Platform offers Kalia Studio Goods for purchase, registered Users may place orders. We may accept, refuse, or cancel orders at our discretion.

• Payments and Authorizations

You agree to pay all fees associated with the services. Payment details must be provided as required. You authorize us to charge your payment method for any purchases or fees.

• Shipping

Shipping charges and delivery dates may be displayed during your order. We determine the shipping carrier based on your location.

• Returns

All sales are final unless stated otherwise. For concerns, contact us within five days of receiving your order. We aim to resolve issues promptly.

• Promotions

Kalia Studio may offer Promotions at its discretion. Different Users may receive different Promotions. Promotions do not alter these Terms or your relationship with us.

• User Conduct

You are responsible for complying with applicable laws while using the Platform. Prohibited actions include violating laws, unauthorized access, and distributing objectionable content. We reserve the right to investigate and take action against violations.

• Intellectual Property and User License Agreement

• General Intellectual Property Provisions

The Platform is safeguarded by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Platform, Services, and Kalia Studio Content, including all associated Intellectual Property Rights, are the exclusive property of Kalia Studio and its licensors (hereinafter "Kalia Studio Intellectual Property"). You shall not alter, remove, or obscure any copyright, trademark, service mark, or other proprietary rights notices found on the Platform or Collective Content. All trademarks, trade names, and identifiers of Kalia Studio used on or in connection with the Platform are trademarks or registered trademarks of Kalia Studio. Any third-party trademarks, trade names, and identifiers used on or in connection with the Platform are solely for identification purposes and remain the property of their respective owners.
None of these Terms grants, transfers, or conveys, nor should they be construed as granting, transferring, or conveying to any User or third party any right, title, or interest in Kalia Studio Intellectual Property. No User or other party may utilize Kalia Studio Intellectual Property without obtaining our prior written consent, which we may withhold at our sole discretion.

• Non-Assertion

By agreeing to these Terms, you pledge not to assert, and you shall neither authorize nor encourage any third party to assert, any claim against us or any of our affiliates, business partners, licensors, licensees, or transferees, regarding patent infringement or any other Intellectual Property infringement in connection with the Platform.

• Kalia Studio License

Kalia Studio hereby grants Users a limited, non-exclusive, non-transferable right and license to (i) access and utilize the Platform; (ii) access and view any Kalia Studio Content solely for your use of the Platform, and (iii) access and view any User Content to which you have access, solely for your use of the Platform. You are not authorized to sublicense the license rights granted in this section. Except as expressly permitted in these Terms, you shall not use, copy, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or exploit the Platform or Collective Content. No licenses or rights are implied or granted to you in connection with Kalia Studio Intellectual Property, except for the licenses and rights explicitly granted in these Terms.

• User Content License

Subject to our sole discretion, Kalia Studio may permit you to post, upload, publish, submit, or transmit User Content. By sharing User Content on or through the Platform, you hereby grant Kalia Studio a worldwide, irrevocable, perpetual (or for the protection term), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, create derivative works (as defined in 17 U.S.C. § 101), and otherwise exploit such User Content to promote or market the Platform. While Kalia Studio does not claim ownership rights to any User Content, any derivative works resulting from User Content created or authored by Kalia Studio shall become the property of the Company.
You acknowledge and confirm that you are solely responsible for all User Content you make available through the Platform. By doing so, you represent and warrant that you either are the exclusive owner of the User Content or possess all necessary rights, licenses, consents, and releases to grant Kalia Studio the rights in such User Content, as outlined in these Terms.

• Suggestions

If you provide any suggested improvements to the Platform or its features (each a "Suggestion" and collectively "Suggestions"), you hereby assign to Kalia Studio all right, title, and interest (including Intellectual Property Rights) in and to any Suggestion, even if you have designated it as confidential or proprietary. Kalia Studio is entitled to exploit any Suggestion without limitation.

• Notice of Alleged Infringement

If you are an intellectual property owner or authorized to act on their behalf, please report alleged infringements on or through the Platform by submitting a complete Notice of Alleged Infringement to Kalia Studio. Upon receiving the Notice, Kalia Studio will take appropriate action, including removing the alleged infringing content.
Please provide your mailing address, telephone number, and email address (if available).
Identify the intellectual property you claim has been infringed, and include relevant documentation if applicable.
Identify the alleged infringing material, including URLs.
Provide your full legal name and affirm your statement's accuracy under penalty of perjury.
Deliver the complete Notice of Alleged Infringement to contact@kingafa.com

• Affiliate Marketing; Third Party Websites, Applications, Links, and Resources

The Platform may include connections to or interactions with third-party websites or resources, such as social media sites and payment processors. You recognize and agree that Kalia Studio is not accountable for (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services accessible from such websites or resources.
AFFILIATE MARKETING DISCLAIMER: Furthermore, on occasion, we may furnish links through the Platform to specific third-party products and services, and those links might be affiliate links. In the event that you click on these links and opt to make a purchase from such third parties, we may, in certain instances, earn a small commission from the third party. This commission is paid to us by the third party, and you won't incur any additional charges.
Links to such external websites or resources do not suggest any endorsement by Kalia Studio of those third-party websites or resources, or the products, content, or services available through them. You assume sole responsibility and accept all risks stemming from your usage of these external websites or resources, as well as any content, products, or services found on or accessible from them.

• Limitation of Liability

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE PLATFORM, AS WELL AS ANY FEATURE OR SERVICE OFFERED THROUGH THE PLATFORM, ARE AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KALIA STUDIO NOR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, OR AFFILIATES SHALL BE LIABLE TO ANY USER, GUEST, OR OTHER INDIVIDUAL FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. THESE MAY INCLUDE DAMAGES SUCH AS LOSS OF PROFITS, GOODWILL, USE, FILES, DATA, CONTENT, BUSINESS, OPPORTUNITIES, REVENUES, ANTICIPATED SAVINGS, OR OTHER SIMILAR DAMAGES. THIS APPLIES EVEN IF KALIA STUDIO OR THE MENTIONED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, THIS LIMITATION EXTENDS TO DAMAGES ARISING FROM BODILY INJURY OR EMOTIONAL DISTRESS CONNECTED TO THE PLATFORM. THIS INCLUDES DAMAGES ARISING FROM (I) ACCESS TO OR USE OF THE SYSTEM OR ANY SERVICE IN VIOLATION OF THESE TERMS OR ANY APPLICABLE LAWS, (II) THE INTERRUPTION OF ANY KALIA STUDIO SERVICE OR OTHER SERVICE, (III) THE ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE, ANY CONTENT OR MATERIALS, (IV) THE COST OF SECURING SUBSTITUTE SERVICES OR CONTENT, OR (V) ANY DAMAGES ARISING FROM THE ACCESS TO OR USE OF ANY CONTENT OR MATERIALS.
IF, DESPITE THE PROVISIONS STATED ABOVE, KALIA STUDIO (OR ANY OF OUR AGENTS, REPRESENTATIVES, CONTRACTORS, AFFILIATES, THIRD-PARTY LICENSORS, OR SUPPLIERS) IS FOUND LIABLE FOR DAMAGES ARISING FROM ANY CAUSE WHATSOEVER, THE AGGREGATE LIABILITY OF KALIA STUDIO SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PARTICULAR SERVICES THAT GAVE RISE TO THE CLAIM. THIS LIMITATION IS APPLICABLE REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE AFOREMENTIONED LIMITATIONS AND EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, CERTAIN EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

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• Indemnification

You agree to and are obligated to indemnify, defend, and hold harmless Kalia Studio and its third-party suppliers or licensors, our business partners, and our respective employees, officers, directors, managers, and representatives (each referred to as an "Indemnitee" and collectively as the "Indemnitees"). This indemnification must be maintained at all times and covers any and all losses, damages, liabilities, judgments, penalties, fines, costs, and expenses (including attorneys' fees and court costs) that any of the Indemnitees might incur due to a third-party claim, action, suit, or proceeding related to (i) unauthorized use or access to the Platform by you or any other person, (ii) Content, including claims related to third-party rights or the use, development, design, manufacture, production, advertising, promotion, or marketing of User Content, (iii) any breach by you or any other person of these Terms, including any representations and warranties, or (iv) any acts, omissions, or misconduct on your part or on the part of any other person using or accessing the Platform.
We will promptly inform you of any claims that we are aware of and believe to be subject to indemnification under this section. However, our failure to promptly notify you will not affect your obligations to indemnify us, unless such delay materially impairs your ability to defend the claim. You retain the right to defend against any such claim with your chosen counsel, provided they are free from conflicts of interest. You may also settle such claims as you see fit, as long as you do not do so without Kalia Studio's prior written consent (which we may withhold at our sole discretion). We may choose to assume control of the defense and settlement of any claim at any time.

• Dispute Resolution

• Arbitration

Both you and Kalia Studio acknowledge that any disputes, claims, or controversies arising from or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Platform (collectively, "Disputes"), shall be resolved through binding arbitration. However, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to address or prevent actual or threatened infringement, misappropriation, or violation of copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights. By agreeing to these Terms, you also acknowledge that you are waiving the right to participate in a jury trial or in any class action lawsuit, class-wide arbitration, private attorney general action, or any other form of representative proceeding. Furthermore, unless both parties agree in writing, the arbitrator will not consolidate more than one individual's claims and will not preside over any form of class or representative proceeding.

• Rules and Governing Law

The inclusion of this arbitration clause in these Terms denotes that it pertains to interstate commerce, and therefore the Federal Arbitration Act governs its interpretation and enforcement. The arbitration process will be administered by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The AAA Rules in effect at the time of the dispute will apply, except for any modifications stipulated in this "Dispute Resolution" section. The AAA Rules are available at www.adr.org/Rules. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

• Process

To initiate arbitration, the party desiring to do so must deliver a written Demand for Arbitration to the other party, as specified in the AAA Rules. (The AAA provides a template for this Demand for Arbitration.) The arbitrator will be a retired judge or attorney licensed to practice law in the state of California, chosen by both parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree on an arbitrator within seven days of delivering the Demand for Arbitration, the AAA will appoint the arbitrator in accordance with its rules.

• Location and Procedure

Unless both parties agree otherwise, the arbitration will be conducted in California, United States. For claims under $10,000, the arbitration will be based solely on documents submitted to the arbitrator, unless a hearing is requested or the arbitrator deems it necessary. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. The arbitrator may exercise discretion in directing a reasonable exchange of information between the parties, taking into account the expedited nature of arbitration.

• Decision

The arbitrator will render an award within the timeframe specified by the AAA Rules. The arbitrator's decision will include essential findings and conclusions supporting the award. The arbitration award may be entered as a judgment in any court with jurisdiction. The arbitrator's award for damages must align with the terms of the "Limitation of Liability" section above, including the types and amounts of damages for which a party may be held liable. The arbitrator may grant declaratory or injunctive relief only to the claimant and to the extent necessary to provide relief consistent with the claimant's individual claim. If you prevail in arbitration, you may be entitled to attorneys' fees and expenses as permitted by applicable law.

• Fees

As specified in the AAA Rules, you are responsible for any AAA filing, administrative, and arbitrator fees.

• Changes

 

Even if these Terms contain a "Modification" section, if Kalia Studio alters this "Dispute Resolution" section after you initially accept these Terms (or any subsequent changes to these Terms), you may reject such changes. To reject changes, you must notify us in writing (including by email) within 30 days of the effective date of the change, as indicated in the "Last Updated" date above or in the date of our email informing you of the change. 

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TERMS OF SERVICES, COPYRIGHT NOTICE 
All written policies, terms, pricing language, educational copy, and tattoo process materials on this website are copyrighted and are the proprietary text of King ‘Afa / Lapita LLC d/b/a Kalia Tattoo Studio (“Kalia”). No copying, no republishing, no “template theft,” and no derivative use is permitted—whether by tattoo artists, studios, agencies, or third parties—without prior written permission. Unauthorized copying may result in DMCA takedown notices, platform/host complaints, and legal action where appropriate.
DMCA / COPYRIGHT CONTACT (Notices): contact@kingafa.com
General Contact: PolynesianTribal@gmail.com

2) Kalia Studio Website Terms of Service (Platform Terms) — NO ARBITRATION

KALIA STUDIO — WEBSITE TERMS OF SERVICE (NO ARBITRATION)
Last Updated: [ August 16th 2025]
These Website Terms of Service (“Terms”) govern access to and use of the Kalia Studio / KingAfa.com website (the “Site”), including any content, booking links, downloadable documents, forms, and any e-commerce offerings (collectively, the “Platform”). By accessing or using the Platform, you agree to these Terms.
Business Identity:
This Platform is owned/controlled by Lapita LLC d/b/a Kalia Tattoo Studio and operated by King ‘Afa (“Kalia Tattoo,” “we,” “us”). King ‘Afa may also provide tattoo services as an independent guest tattoo artist at third-party studios (including Lakimii Tattoo LLC) under separate facility rules and fee structures.
1) Eligibility
You must be 18 years or older to use booking features or purchase services/products offered through the Platform.
2) Platform Is Informational; No Medical/Legal Advice
Content on the Platform is provided for general information and artistic/educational purposes. It is not medical or legal advice. Tattooing involves inherent risks and outcomes vary by skin, health, and aftercare.
3) Booking, Payments, and Authorizations
If you purchase a service, pay a deposit/retainer, or submit payment information, you authorize charges consistent with the invoice/booking page displayed at checkout. Payment processors may apply processing fees that are not controlled by Kalia.
4) Returns / Refunds (Website Purchases)
All sales are final unless explicitly stated on the product/service checkout page. For issues involving a physical product shipment (if offered), contact us within 5 days of delivery with photos and order details.
5) Prohibited Conduct
You agree not to:

• attempt unauthorized access to the Platform;

• interfere with site operation;

• harass, threaten, defame, or impersonate others;

• scrape, reproduce, or republish Platform content without permission.

6) Intellectual Property (Site Content / Policies / Copy)
The Platform and all text, images, logos, terms, policies, articles, designs, and downloadable materials are protected by copyright, trademark, and other laws.
No License Granted: Except as expressly allowed, nothing grants you any ownership rights in Kalia intellectual property.
No Copying / No Republishing / No Template Theft:
You may not copy, reproduce, republish, translate, modify, or create derivative terms/policies based on this Platform’s written materials for use on another website or business—even if you change a few words—without prior written consent.
7) User Submissions
If you submit messages, images, or other materials (“User Content”), you represent you have rights to share them. You grant Kalia a limited license to use User Content only as needed to communicate, provide services, document work, and protect against fraud/disputes.
8) Third-Party Links
The Platform may link to third-party sites (payments, social media). Kalia is not responsible for third-party content or policies.
9) Disclaimers
The Platform is provided “as-is” without warranties to the maximum extent permitted by law. We do not guarantee uninterrupted or error-free operation.
10) Limitation of Liability
To the maximum extent permitted by law, Kalia Tattoo is not liable for indirect, incidental, special, consequential, or punitive damages. Where liability cannot be excluded, liability is limited to the amount paid for the specific item/service giving rise to the claim.
11) Indemnification
You agree to indemnify and hold Kalia Tattoo harmless from claims arising out of your misuse of the Platform, violation of these Terms, or infringement of third-party rights.
12) Changes to the Platform and Terms
We may update the Platform and these Terms at any time. The version in effect at the time of your purchase/booking controls that transaction unless a written addendum is signed.

13) Governing Law; Venue; Dispute Resolution (NO ARBITRATION)
These Terms are governed by California law (without regard to conflict rules).
Venue: Any dispute must be brought in the state or federal courts located in Los Angeles County, California, unless the claim qualifies for California small claims court.
Good-Faith Resolution: Before filing, you agree to send a written notice describing the issue and requested resolution to:
Legal Notice Email: contact@kingafa.com
Allow 10 business days for a good-faith attempt to resolve the matter.
Injunctive Relief for IP: Kalia may seek injunctive relief in court to stop unauthorized copying, infringement, or misuse of intellectual property.

14) Contact for Notices (Including DMCA)
DMCA / Legal Notices: contact@kingafa.com
General Contact: PolynesianTribal@gmail.com

3) Tattoo Services Terms & Studio Policies (Tattoo-Specific) — NO ARBITRATION
Copy/paste as a separate page titled: “Tattoo Services Terms & Studio Policies”

KALIA TATTOO STUDIO — TATTOO SERVICES TERMS (NO ARBITRATION)
Last Updated: [ August 16th 2025 ]
These Tattoo Services Terms (“Tattoo Terms”) govern tattoo services provided by King ‘Afa / Lapita LLC d/b/a Kalia Tattoo Studio (“Studio”). By paying any deposit/retainer, approving an invoice, booking an appointment, or receiving services, you agree to these Tattoo Terms.
1) Eligibility + ID

• Must be 18+ with valid photo ID.

• You must provide accurate contact information.

2) Tattooing Is a Process-Based Professional Service (Not Retail Goods)
You are not “buying ink.” You are paying for professional services including:

• consultation (phone/text/email/video), cultural guidance, design development,

• body measurement and placement mapping,

• sterile setup and safety compliance,

• execution time, pacing, and professional judgment.

3) Quotes Are Scope-Based Estimates
Quotes are based on the scope discussed (placement, coverage, complexity, skin conditions disclosed). Final design/time may adjust for anatomy, skin response, scar tissue, swelling, and safety.

4) Deposit / Booking Retainer (Non-Refundable, Transferable Once)

• The deposit is a booking and design retainer that reserves time and initiates planning/admin work.

• Non-Refundable Once Work Begins: once scheduling/design/admin work starts (including consult communications and prep), the retainer is earned and non-refundable.

• Transferable Once: may be moved one time to the next available date if rescheduled with at least 14 days’ written notice.

• Late Reschedule / Same-Day / No-Show: forfeits the retainer.

• If the Studio pauses the session for safety (skin swelling, constant movement, pain tolerance), payments remain applied to services rendered and to continuation.

5) No Preview / No Release of Drafts

• No advance previews or draft files are sent.

• No release of stencils, templates, or digital drafts.
  This protects originality, cultural integrity, and prevents copying.

6) Safety Pause Policy (Not Abandonment)
The Studio may pause/stop a session if skin swelling, skin stress, movement, or pain tolerance risks scarring or injury. A safety stop is not abandonment and does not create a refund right.
7) Scope Change Policy (Placement / Size / Coverage / Detail)
A scope change includes changes in placement, size, coverage area, added panels/background fill, or increased detail.

• Scope changes require written approval and may require a re-quote/addendum before additional work proceeds.

• Amounts already paid remain applied to services rendered.

8) Facility / Booth Fees (Guest Artist Reality)
If your appointment is performed at a third-party studio (including guest spots such as Lakimii Tattoo LLC and Unlimited Ink Tattoo), you acknowledge:

• The Studio may incur booth / facility rental fees to hold your date/time.

• Facility fees are generally non-recoverable once reserved and may be included or itemized on invoices.

9) Client Conduct + Session Pacing
For safety and quality:

• You must follow positioning and pacing instructions.

• Excess movement, impairment, aggressive conduct, or refusal to follow safety instructions may result in termination of the session.

10) Aftercare + Healing Outcomes
Healing varies by skin type and aftercare. Healing differences do not equal defective service and do not create refund rights. Touch-ups, if offered, are subject to skin condition, timing, and pricing disclosed by the Studio.
11) Photography / Documentation
The Studio may photograph/video the work for portfolio, documentation, education, and dispute protection. If you request confidentiality in writing before service begins, the Studio will make reasonable efforts to honor it except where documentation is needed for legal/chargeback defense.
12) Termination of Services
The Studio may terminate services if:

• harassment/threats/boundary violations occur,

• repeated scope disputes occur without written approval,

• continued work creates safety/professional risk,

• bad-faith payment disputes are initiated.
  Amounts paid remain applied to services rendered.

13) Intellectual Property + Client License

• All designs, layouts, drafts, and design systems are Studio intellectual property.

• Payment does not transfer ownership.

• Client receives a limited, personal, non-commercial license to display the tattoo on the body and share photos for personal use.

• No copying, reproduction, merchandising, commercial branding use, or third-party replication without a separate written license.

14) Billing Disputes (Clean Procedure)
Before escalating to any bank/payment processor, you agree to contact the Studio in writing to attempt good-faith resolution. The Studio maintains documentation (invoice, consent, service logs, messages) to verify services rendered.

15) Limitation of Liability
To the maximum extent permitted by law, liability is limited to the amount paid for the specific session(s) giving rise to the claim, except where prohibited.
16) Governing Law; Venue; Dispute Resolution (NO ARBITRATION)
California law governs. Any dispute must be filed in Los Angeles County, California state or federal courts, unless eligible for California small claims court.
You agree to send written notice of the issue to contact@kingafa.com and allow 10 business days for a good-faith attempt to resolve the matter before filing.
For intellectual property misuse/infringement, the Studio may seek injunctive relief in court.
17) Contact
DMCA/Legal Notices: contact@kingafa.com
General Contact: PolynesianTribal@gmail.com


DEPOSIT / BOOKING RETAINER POLICY (KALIA TATTOO STUDIO)
To secure an appointment, a booking retainer (deposit) is required. This retainer reserves the appointment time and initiates professional work including consultation communications, scheduling administration, and design planning.

Non-Refundable Once Work Begins
Because consultation time, scheduling, planning, and preparation are non-recoverable, the retainer becomes non-refundable once work begins, including any consultation communications (text/email/phone/video), scheduling/admin work, or design development.
Transferable One Time (With Notice)
Your retainer may be transferred one time to the next available date if you reschedule with at least 14 days’ written notice.

Late Reschedule / Same-Day / No-Show
Rescheduling within 14 days, same-day cancellations, or no-shows result in forfeiture of the retainer.
Safety Pause Is Not Abandonment
If a session is paused for safety reasons (swelling, movement, pain tolerance, skin stress), payments remain applied to services rendered and to continuation/completion under the agreed scope.
Billing Disputes
If you have a billing concern, contact the Studio in writing first so we can resolve it in good faith before any bank or payment processor escalation.


SCOPE CHANGE POLICY (PLACEMENT / SIZE / COVERAGE / DETAIL)
Your quote is based on the scope discussed (placement, coverage, size, and complexity). A scope change includes any change to:

• placement (forearm to upper arm, shoulder, chest, etc.)

• size/coverage area

• added panels/background fill

• increased detail or expansion beyond the original plan

Written Approval Required
Scope changes require written approval (text/email is acceptable) before additional work proceeds.
Re-Quote / Addendum
Scope changes may require a revised quote, added time, added deposit/retainer, or a written addendum.
Payments to Date
All amounts already paid remain applied to services rendered and the agreed scope. No prior work becomes “free” due to later changes.


DISPUTE RESOLUTION; GOVERNING LAW; VENUE (NO ARBITRATION)
This agreement is governed by California law. The parties agree to attempt good-faith resolution first. Before filing any claim, you will send written notice describing the issue and requested resolution to contact@kingafa.com and allow 10 business days to attempt resolution.
Any dispute arising out of or relating to services, payments, or policies will be brought exclusively in the state or federal courts located in Los Angeles County, California, unless the claim is eligible for California small claims court.
For unauthorized copying, infringement, or misuse of Studio intellectual property, the Studio may seek injunctive relief and other remedies available under law in a court of competent jurisdiction.

 

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