Terms of Use

Effective date: October 1, 2026
Last updated: October 25, 2026

The short version

Welcome. Our photographs, films, and words are our life’s work, so please enjoy them here and do not copy or reuse them without asking. The information on this site is there to help you get to know us, and it is not a contract. When you book a session, workshop, or trip, the signed contract and booking terms are what apply. Underwater photography and diving carry real risks, and this website is not a substitute for proper training, medical advice, or professional guidance.

Who these terms are with

This website, www.submergeunderwater.com (the “Site”), is run by Justin Tucker Lutsky, doing business as Submerge Underwater (“Submerge”, “we”, “us”). By using the Site you agree to these terms. If you do not agree, please do not use the Site. Our Privacy Policy explains how we handle your information, and it forms part of these terms.

You must be at least 18 to use the Site to inquire about or book anything. If you are younger, a parent or guardian can do it for you.

Everything on this Site, including the photographs, films, video, text, design, logos, and the name Submerge Underwater, is owned by us or used with permission of the artists and partners credited, and is protected by copyright, trademark, and other laws. Nothing on the Site is a license to use it.

Without our written permission, you may not:

  • copy, download, reproduce, republish, display, sell, or distribute any image, video, or text from the Site;
  • crop out or remove watermarks, credits, or copyright information;
  • use our work in advertising, products, merchandise, or print;
  • use our work, or the Site, to train, test, or feed any artificial intelligence or machine learning system, or to build a dataset;
  • use bots, scrapers, or other automated tools to copy the Site’s content in bulk; or
  • imply that we endorse or are connected with you, your business, or your products.

What you may do: view the Site for personal use, and share a link to a page. If you would like to share an image on social media, write about us, or use our work for a project, ask first: email [email protected]. We say yes more often than people expect, especially when credit is given.

Photographs and films we make for clients are covered by the client’s contract, which sets out who owns the work and how it may be used. Receiving a gallery or a file from us is not the same as getting the right to use it in every way. Please check your contract.

If you believe something on the Site infringes your copyright, please email [email protected] with a description of the work, where it appears, and your contact details, and we will look into it promptly.

The people in our images

The people who appear in our photographs and films appear with their permission. If you appear on the Site and would like an image changed or removed, email [email protected] and we will respond quickly.

Information on the Site is general

We work hard to keep the Site accurate and current, but the content is provided for general information only and “as is”. Prices, dates, availability, inclusions, itineraries, partners, and locations may change. Nothing on the Site is a binding offer or a promise that a session, workshop, or trip will take place as shown. What you are getting, and what it costs, is confirmed only in writing by us, in a booking confirmation or a signed contract.

Some pages describe past events and past results. They show what happened then, and are not a guarantee of what a future session or workshop will be like. Reviews and testimonials are the views of the people who wrote them.

The Site may be unavailable from time to time because of maintenance or technical problems, and we do not promise it will always be error-free, secure, or uninterrupted.

Bookings, workshops, and trips

  • Booking happens off this Site. Booking, contracts, invoices, payments, and client galleries are handled through our client system, Sprout Studio, and are governed by the contract you sign and the booking terms you accept there. If those documents conflict with this page, they win for that booking.
  • Contact forms are not bookings. Sending us an inquiry does not reserve a date, a place on a trip, or a price. A booking exists only when you and we have both confirmed it, usually by signed contract and the first payment.
  • Travel workshops and dive trips. We run our trips with a travel partner, Deep Blue Adventures, a registered California seller of travel. Deep Blue arranges the travel, sends you an invoice for it and takes payment for it under its own terms and conditions. Submerge invoices and takes payment for the workshop, the photography sessions and the add-ons. Our Trip Terms and Conditions set out how the two fit together, including changes and cancellations.
  • Prices and payments. Prices on the Site are in US dollars and may change until a booking is confirmed. Payments to Submerge are taken through Sprout Studio and its payment processor, Stripe. We accept card, bank transfer, Zelle and check, with no added fee. Travel payments are taken by Deep Blue Adventures and follow its invoice. Deposits, payment dates and the cancellation and refund terms for each trip are in the Trip Terms and Conditions and on the trip page.
  • Deposits and balances. Most of what we sell starts with a $150 non-refundable deposit. It holds your date or your place and is credited to your total. The balance is due on the date shown on your invoice, before your session or event. If you need to move your date, tell us at least 48 hours ahead and the deposit moves to the new date. If you cancel, the deposit is not refunded, and anything beyond the deposit follows your booking contract. A few products set a different deposit, and the amount is always shown on your invoice or the trip page before you pay. Workshops and trips also follow the Trip Terms and Conditions.
  • Requirements. Many of our workshops and trips require that you hold a diving certification, carry dive insurance, be in good health, and follow our safety instructions. The requirements for each experience are in its contract and description.

Safety: underwater and travel activities carry risk

Scuba diving, freediving, underwater photography, working in the water with models and equipment, and travel to remote places all involve inherent risks, including serious injury and death. Photos and descriptions on the Site show trained professionals in controlled, planned conditions, and are not instructions. Nothing on the Site is medical, dive-safety, or travel-safety advice, and you should not rely on it as such. You take part in any session, workshop, or trip at your own informed choice, after signing the waiver and release in your contract, and you are responsible for your own fitness, certification, training, and equipment decisions. Please speak with a doctor before diving, and with a qualified instructor before trying any technique you have not been trained for.

Using the Site

You agree to use the Site lawfully and respectfully. Please do not:

  • try to break, overload, probe, or gain unauthorized access to the Site, our forms, or the systems behind them;
  • submit false, misleading, or harassing information, or use the forms to send spam, advertising, or malware;
  • impersonate someone else; or
  • use the Site in a way that breaks any law.

We may block access to anyone who does.

What you send us

If you send us a message, a question, or an idea through the Site, you are telling us you have the right to share it, and that what you send is accurate. We will use what you send to reply to you and handle your inquiry, as our Privacy Policy describes. Please do not send us confidential or sensitive information (such as passport or payment card numbers) through the contact form or by ordinary email. We will tell you how to share anything of that kind securely when it is needed.

If you send us an idea, suggestion, or feedback about the Site or our work, you agree we may use it without owing you anything, though we will always credit a photograph or work that is yours.

The Site links to other sites and services, for example Instagram, Facebook, YouTube, Sprout Studio, and the sites of our partners. We do not control those sites, we are not responsible for their content or practices, and a link is not an endorsement. Their own terms and privacy policies apply once you leave our Site. Embedded videos and reviews are provided by third parties, and viewing them is also subject to those providers’ terms.

No guarantees, and limits on what we are responsible for

To the fullest extent California law allows:

  • the Site and its content are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including any warranty of accuracy, fitness for a particular purpose, or non-infringement; and
  • Submerge, its owners, team members, and partners are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or lost opportunity, arising from your use of, or inability to use, the Site or from relying on its content.

Nothing in these terms limits liability for fraud, willful injury, gross negligence, or violation of law, any right you have under a contract you sign with us, or any right you have that cannot lawfully be waived.

Changes to the Site and these terms

We may change, suspend, or remove any part of the Site, and we may update these terms from time to time. The date at the top shows the latest version. If you keep using the Site after we update the terms, you are agreeing to the new version. Changes do not alter the terms of a booking you have already confirmed.

Governing law and where disputes are heard

These terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Where the law lets you bring a claim where you live, that right stays. Disputes about bookings are covered by the booking contract.

If part of these terms turns out to be unenforceable, the rest still applies. If we do not enforce a right right away, we have not given it up. These terms, the Privacy Policy, and any contract you sign with us are the complete agreement about the Site and your booking.

Accessibility

We want everyone to be able to enjoy this Site. If you have trouble using any part of it, please tell us at [email protected] and we will do our best to help or to provide the information another way.

Contact us

Justin Tucker Lutsky, doing business as Submerge Underwater 4273 W Oak Ave, Fullerton, CA 92833 [email protected] (714) 343-4898

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