TerMS & CONDITIONS
BY AGREEING TO THE TERMS & CONDITIONS, I AGREE TO ALL OF THE FOLLOWING CONDITIONS, WITHOUT RESERVATIONS.
How to prepare for your session: Our Photographs are heirloom quality and will look beautiful hanging on your walls. To help plan for your session, look around your house and think about where you may want to hang wall portraits. It is also helpful to look at existing frames and note their size. We suggest using the colors in these rooms to help plan and coordinate your outfits. It is also helpful to make a list of whom you may want to purchase photographs for as gifts. You can direct any questions to Laura Straub by the contact tab on this website! You can also text her pictures of outfits (913-349-7499) or email pictures (email@example.com) We love hearing from you and want to make your session everything you have imagined! We are available to chat about your session whenever you want!
Copyrights: All images are copyrighted by photographer, Laura Straub/lastphoto.kc It is illegal and unlawful to scan, copy, or reproduce lastphoto.kc’s work in any manner or medium and punishable by law with fines starting at $150,000. This includes taking screenshots or cropping images in any way in print or on social media. As an artist, Laura Straub wishes to have complete control over the final look of her clients’ images, and scanned images damage her reputation as a photographer by distorting and devaluing the image quality. Furthermore, photography is my livelihood, how I support my family. One or two people scanning may not have an effect on my business, but imagine if it were more than one or two people. That would have an impact on my business, as well as my family. “But don’t I own images of myself?” When a photographer takes images of you or your child, the images are copyrighted. You have the permission to hang the images up in your home and enjoy them; you do not have permission to make copies of the images (unless you purchase the digital image and printing rights). This includes home printers or printers at local camera shops and convenience stores (such as Rite Aid, Wal-Mart, etc). We keep in close contact with local stores, letting them know that we are to be alerted when issues of copyright come up in their stores. In conclusion, Laura Straub of lastphoto.kc’s wishes that all images carrying her name look their absolute best. She goes to great lengths to provide you with top-quality, beautiful images that you are proud to display and share. Copying and scanning these images greatly reduces their beauty and quality. Please contact her if you would like additional images of your child. Thank you for respecting my work and livelihood by choosing not to reproduce my images illegally.
Punctuality: The photographer has set aside a specific amount of time to photograph your session. If you are 15 minutes late for your session and do not communicate with the photographer, you forfeit your retainer fee and will need to pay a full retainer fee to reschedule ($349). If you communicate that you will be more than 15 minutes late, your session may have to be rescheduled based on the photographer's schedule. Retainer fee is for time and talent of the photographer only. Purchasing decisions are made at the ordering session to follow session. After collection is ordered, product/photograph decisions must be given to photographer via email within ONE YEAR of session date. If payment plan is chosen and payment is more than 7 days late after bill is sent, a $25 late fee will be added for every day late. Payments towards album and retainer fee are nonrefundable. Retainer fee will be waived as it is not refundable. PLEASE NOTE: If you cancel your session with more than 1 month notice, one reschedule will be allowed (fees apply). Portrait reschedule must be scheduled and confirmed within 24 hours of cancellation and take place within 1 year. If you cancel with less than 1 months notice a full retainer fee is required to reschedule.
All collection orders, print credits, and product choices must be placed within 6 months of shoot date. After that date, they expire.
By signing this Contract, THE CLIENT acknowledges that he/she has read it in its' entirety and is signing it of free will, wishing to book a Boudoir Photography Session. THE CLIENT understands all Terms and Conditions and accepts responsibility for signing said Contract. The Client acknowledges that he/she will be attending the Boudoir Photography Session and is contractually obligated to all said Terms and Conditions. Failure to do so will result in the forfeiture of payment and denial to attend the Boudoir Photography Session. THEREFORE THE CLIENT has agreed to the following TERMS AND CONDITIONS :
1 Duration of Contract
1.1 This Contract shall have the duration of date of booking to date session is held. All “Terms Of Agreement” shall refer to this period. THE CLIENT understands that he/she is bound to this Contract for set duration.
2 Cancellations, Rescheduling, Terminations and Refunds :
2.1. Both parties agree that this contract is conditional upon THE CLIENT fulfilling all of his/her obligations in a satisfactory manner, as deemed by Boudoir by lastphoto.kc. THE PHOTOGRAPHER reserves the right to terminate this Contract and /or remove THE CLIENT from the studio, or other location of shooting, at any time without a refund if he/she is engaged in behavior including, but limited to; illegal actions, belligerent, inappropriate, or disruptive behavior as deemed by THE PHOTOGRAPHER. THE PHOTOGRAPHER may terminate this contract at any time, if he/she feels that THE CLIENT is not performing in a manner acceptable to the company, or the terms and responsibilities of this Contract are not being met. 2.2. THE CLIENT agrees that any cancelation/Rescheduling must be in writing. No monetary reimbursement will be provided. Cancel 30+ days before the session: + $250. Cancel within 30 days: + $250 + $100 cancellation fee. Cancel within 14 days: + $250 + $250 cancellation fee. Cancel within 72 hours or no-call/no-show: + $250 + 500 cancellation fee. If the client is more than 15 minutes late to the scheduled session (or photo reveal) the session is to be considered cancelled, and cancellation fees will apply. 2.3. THE CLIENT agrees that in the event that Boudoir by lastphoto.kc cancels the session for any reason, including but not limited to; medical emergency, family emergency, inclement weather, road closures, natural disaster, closure of venue, or similar catastrophe, THE CLIENT will not receive a refund, instead a full credit for a Boudoir Photography Session, to be used within 6 months time.
3 Payment Schedule and Fees :
3.1. THE CLIENT agrees that the paid retainer is non-refundable/non-transferable in order to hold reservation/date with Boudoir by lastphoto.kc. Any change of date requires a newly signed Contract and retainer. THE CLIENT agrees that the initial contract and retainer become void and that THE CLIENT is subject to the most current pricing options. THE CLIENT agrees that if he/she cancels the session before it is completed, the retainer and all additional payments are void and not valid as a credit towards any other sessions or products with Boudoir by lastphoto.kc. 3.2. THE CLIENT agrees to have total amount of the retainer paid prior to session. Failure to do so will result in the cancelation of the session with no refund. 3.3. THE CLIENT agrees that if the retainer or any payments are deemed NSF, he/she is responsible for a $50 SERVICE FEE. THE CLIENT agrees that his/her photos will not be edited until a new final balance has been paid in full and cleared. THE CLIENT agrees that any products or services added after the Contract has been signed are subject to current pricing. Pricing may change without notice, and is only guaranteed on products and services selected at the time of Contract signing. 3.4. THE CLIENT agrees that he/she may add additional items at any time to his/her Contract, subject to current pricing, but may not remove items from the Contract once it has been signed. THE CLIENT understands that he/she is responsible for paying for the items selected on the Contract. If THE CLIENT fails to pay for selected items, lastphoto.kc Photography does not have to provide THE CLIENT with any images or monetary compensation for monies paid, including, but not limited to; compensation for time or emotional stress, the retainer and payments towards the balance by the client or any other person contributing towards their contractual balance and 3.5. THE CLIENT agrees that he/she will receive only what is stipulated by the Contract above (photography session, hair and makeup, retainer fee DOES NOT include any products unless previously agreed upon and stated in contract above). THE CLIENT understands that lastphoto.kc Photography chooses the best selection of photographs for viewing. Additional files are not available for purchase or viewing and any images not chosen by lastphoto.kc Photography will be deleted. Products may be chosen during ordering appointment and are subject to current pricing.
4 Session Details :
4.1. THE CLIENT agrees that he/she must provide the required time for photographs to be taken. Boudoir by lastphoto.kc requires approximately 3 hours for session noted above. If THE CLIENT does not provide adequate time, he/she understands that lastphoto.kc Photography will not be able to provide the quality and quantity of photographs agreed upon at Contract signing, and will, therefore, not be able to complete these obligations. THE CLIENT understands that by not providing adequate time, THE PHOTOGRAPHER has the right to refuse to photograph the Boudoir Photography Session. 4.2. THE CLIENT agrees that if he/she is more than 30 minutes late for hair/makeup and Boudoir Photography Session, it will be cancelled without monetary reimbursement at THE PHOTOGRAPHER'S discretion. 4.3. THE CLIENT agrees that Boudoir by lastphoto.kc has the right to refuse to photograph at a particular location based on technical and artistic merit. THE PHOTOGRAPHER has full artistic license in relation to photographs and session. 4.4. THE CLIENT agrees that THE PHOTOGRAPHER will not be held liable if a particular photograph is not obtained when necessarily limited by guidelines or regulations, including but not limited to; hotel regulations, venue regulations, privacy regulations, legal restrictions, light, space, willingness of subject and weather. THE CLIENT agrees that Boudoir by lastphoto.kc will abide by these guidelines and that they are outside of the control of THE PHOTOGRAPHER, who is not responsible for the impacts that these guidelines may have on resulting photographs. 4.5. THE CLIENT agrees that all “Service Provider” suggestions are suggestions only. THE PHOTOGRAPHER is in no way liable if a vendor fails to complete/live up to their contracted tasks. 4.6. THE CLIENT agrees that Boudoir by lastphoto.kc is not responsible for providing items of clothing in a specific colour, style or size that have previously appeared on social media platforms. All items from THE PHOTOGRAPHER'S collection are USE AT YOUR OWN DISCRETION and are limited to certain availability of size, shape, colour and styles. 4.7. THE CLIENT understands that a Boudoir Photography Session requires certain movement and physical activity. THE CLIENT will not book a session if he/she is not able to follow simple movement requests and/or is injured. If THE CLIENT has any questions or concerns about these requirements, he/she will discuss and make sure he/she clearly understands before booking a session.
4.8. THE CLIENT agrees that he/she we WILL NOT spray tan before session. This cannot be edited and lastphoto.kc Photography may refuse to photograph THE CLIENT'S session if his/her skin is photographing and/or appears too orange. THE CLIENT understands that this is a decision based strictly on editing and nothing else. If lastphoto.kc Photography chooses to move forward with the session, THE CLIENT understands that it may take longer for photos and/or products to be returned, as outsourcing of editing may be required. THE CLIENT agrees that an extra fee applies for this. 4.9 The client understands that retouching tan lines is an additional charge and is NOT included in standard session retouching.
5 Albums, Products and Editing :
5.1. THE CLIENT agrees that a charge is applicable if he/she requests to have products/items shipped.. This fee applies for each time that THE CLIENT requires a subsequent item be mailed and payment is due prior to item(s) being shipped. The cost for shipping items is $75/order. 5.2. THE CLIENT agrees that album layouts are designed by THE PHOTOGRAPHER. THE CLIENT agrees that he/she will decide images for album at ordering session to Boudoir by lastphoto.kc. If additional ordering appointment is required an additional charge of $175 will apply. 5.3. THE CLIENT agrees that after 1 year if products have not been collected, they are void and he/she forfeits all payment towards them. THE PHOTOGRAPHER does not have to provide any monetary reimbursement. 5.4. THE CLIENT agrees that all albums/products must be paid for in full before work will be started on them. Once payment is made, no refunds will be granted. 5.5. THE CLIENT agrees that he/she must view and approve the state of the album before ordering. If there are any manufacturer defects, THE CLIENT agrees that he/she must return the album to THE PHOTOGRAPHER within 15 days of receipt for repair. THE CLIENT agrees that THE PHOTOGRAPHER and Third Party supplier are not at fault if the defect is self-inflicted by THE CLIENT or if he/she has not properly cared for the album or has caused purposeful damage in any way. Repair will not be covered for reasons including, but not limited to; if THE CLIENT has torn a page, dented the cover, broken the spine, spilled any items on the album or generally mistreated it. THE CLIENT agrees that if he/she is submitting the album back to THE PHOTOGRAPHER with a manufacturers' defect that the layout will not be changed in any way. Only the defect will be repaired. 5.6. THE CLIENT agrees that if he/she is choosing to purchase an album, 1 revision is included. Any revisions beyond this are subject to a re-design charge of $75. THE CLIENT agrees that if he/she is letting THE PHOTOGRAPHER select the images for the album, the choices are at THE PHOTOGRAPHER'S discretion. 5.7. THE CLIENT agrees that the proofs received have been edited at the discretion of THE PHOTOGRAPHER. Any extra editing requests are subject to a service charge and at the discretion of THE PHOTOGRAPHER with right of refusal. It is at the discretion of THE PHOTOGRAPHER to not include a photo if it is not up to self-defined technical standards.
6 Copyright and Use of Images :
6.1. THE CLIENT agrees that if he/she gives THE PHOTOGRAPHER permission to share photos online, THE PHOTOGRAPHER selects the images. 6.2. THE CLIENT agrees that THE PHOTOGRAPHER owns all images taken during the Boudoir Photography Session. THE CLIENT understands that the photos will not be posted, unless he/she gives THE PHOTOGRAPHER permission by selecting YES on this contract. 6.3. THE CLIENT agrees that if he/she selects yes, THE PHOTOGRAPHER has full permission to display these images in locations including, but not limited to; online websites, blogs, in studio, online or printed promotional material, social media sites such as Facebook, Instagram, Pinterest and/or in any printed media. 6.4. THE CLIENT agrees that he/she does not have any claim to copyright, patent, or other ownership of the photographs. THE CLIENT understands that if he/she has purchased the rights to share the images online or print the digital files only and that the images may not be altered/edited or cropped in any way, 6.5. THE CLIENT agrees that if he/she wishes to submit the photos to an online or printed publication, he/she must obtain written consent from Boudoir by lastphoto.kc prior to doing so. 6.6. THE CLIENT agrees that no monetary gain may be acquired at any time from the sale of the images. This action is illegal and will result in legal action at the expense of THE CLIENT. 6.7. THE CLIENT agrees that all images must be sourced at all times. THE CLIENT understands that he/she may post images on sites including, but not limited to; Facebook, Twitter, Instagram, social forums, Pinterest and/or through use in emails and agrees that he/she will credit THE PHOTOGRAPHER every time he/she does so. Images posted to any online media platforms that are not sourced will be reported to the site and removed. Repeated failure to properly source images will result in legal action.
7 Privacy, Confidentiality and Liability :
7.1. THE CLIENT agrees that all information and documents given to him/her are the exclusive property of THE PHOTOGRAPHER and are confidential information. They may not be sold, shared or copied. 7.2. THE CLIENT acknowledges that THE PHOTOGRAPHER will not be held responsible for the final destination of the images if permission is given to share them for promotional purposes. 7.3. THE CLIENT agrees that by signing this contract he/she releases THE PHOTOGRAPHER of any and all liability. THE CLIENT assumes all risk and has no legal recourse against THE PHOTOGRAPHER. This includes, but is not limited to; personal injury, loss of income, damage to personal items, emotional distress, illness, loss of property, paralysis or death, as well as negligence of THE PHOTOGRAPHER. 7.4. THE CLIENT agrees that while THE PHOTOGRAPHER will take all care, circumstances beyond THE PHOTOGRAPHER'S control could result in the loss, damage or failure of products and/or equipment. If image files are damaged, lost or corrupted, as deemed by THE PHOTOGRAPHER, liability shall not exceed a re-shoot to take place within, but no later than, 365 days. No monetary reimbursement will be provided. 7.5. THE CLIENT agrees that he/she must back up the digital negatives once received. THE PHOTOGRAPHER is not responsible for the storage of the images after this time. THE CLIENT agrees that THE PHOTOGRAPHER is not responsible for updating the files as technology advances. 7.6. THE CLIENT agrees that THE PHOTOGRAPHER is not at fault or in any way liable if anyone else present at the session is hurt/injured at any time. This includes, but is not limited to; children, caregivers, additional family members or friends or persons of any nature. 7.7. THE CLIENT agrees that he/she is of legal age to participate in a Boudoir Photography Session. THE CLIENT understands it may include nudity and that he/she will be photographed wearing little and/or no clothing. THE CLIENT understands what a Boudoir Photography Session is, and is signing this Contract in full competency, without being coerced, influenced and of his/her own free will. 7.8. THE CLIENT agrees that the level of nudity he/she shows during the Boudoir Photography Session is at his/her own discretion. THE CLIENT agrees that he/she will not do anything he/she is uncomfortable with and will speak up at the time if uncomfortable with a certain level of nudity or a pose. 7.9. THE PHOTOGRAPHER is a professional and shoots in a professional manner. THE CLIENT agrees that he/she will in no way hold THE PHOTOGRAPHER responsible or liable for sexual inappropriateness. THEREFORE, the parties state, by their own free will, that they have read and accepted all of the Terms and Conditions stipulated in this Contract, including:
Boudoir by lastphoto.kc shall not be liable for its failure to fulfill its obligation under this Agreement, if such failure is due, but not limited to; an act of God, global pandemic, global epidemic, extreme weather conditions, inevitable accident, fire, lockout, strike or other labor dispute, riot or civil commotion, act of public enemy, rule of any government or governmental instrumentality (whether federal, state, local or foreign), failure of technical facilities, failure or delay of transportation facilities, or any other cause of a similar or different nature not reasonably within reasonable control. Limitation of Liability: lastphoto.kc Photography DOES NOT MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE CLIENT, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, OR PRODUCTS. IN NO EVENT SHALL THE PHOTOGRAPHER BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, THE PHOTOGRAPHS, AND/OR THE DIGITAL NEGATIVES INCLUDING, BUT NOT LIMITED TO, LOST MONIES.
THE CLIENT further relieves THE PHOTOGRAPHER from: Any action, claim, command, obligation, cause of action, damages, costs, loss of service, expenses and compensation of any kind or nature whatsoever brought by any Third Party against THE CLIENT arising out of any actions of THE CLIENT and/or other Third Parties during the Contract with THE PHOTOGRAPHER; Any and all claims, demands or actions which may hereinafter or at any time be made or bought against THE PHOTOGRAPHER by any person or entity who has made, or agreed to make payments on THE CLIENT'S behalf for any medical expenses or any other obligations incurred by THE CLIENT as a result of property damage, bodily and personal injuries, illness, paralysis and or death to THE CLIENT or any members of THE CLIENT'S family arising out of THE PHOTOGRAPHER'S activities.
This Agreement constitutes the entire agreement between THE CLIENT and Boudoir by lastphoto.kc with respect to the provision of the Services, and takes precedence over all prior oral and written Agreements and discussions with respect to the subject matter, and, except as specifically set forth herein, there are no other Agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter. Neither party can modify or amend this Agreement unless such modification and amendment is in writing and is signed and agreed upon by both parties. THE CLIENT acknowledges that he/she cannot assign or transfer this Agreement or the rights and obligations contained herein to any person or entity without the written consent of Boudoir by lastphoto.kc. No provision of this Agreement is intended or shall be construed to provide or create any third party beneficiary right or any other similar right of any kind to any person or entity which is not a contracting party to this Agreement. Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
IN NO EVENT WILL THE PHOTOGRAPHER, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE FROM KNOWLEDGE LEARNED OR EMPLOYMENT, LOST PROFITS OR LOST SAVINGS, EVEN IF THE EMPLOYER OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. IN NO EVENT WILL THE EMPLOYER AND COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: DATA CORRUPTION, TRANSMISSION ERRORS OR PROBLEMS OF LEARNED KNOWLEDGE, PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY THE EMPLOYEE. I, THE UNDERSIGNED CLIENT, HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS, THE RIGHTS AND RESPONSIBLITIES, AND RELEASES THERIN.
I understand that I am giving permission to the photographer to share my images on social media platforms, website / marketing materials, and other locations the photographer sees fit. I understand that I must notify the photographer if I do not wish to agree to this, there are no consequences to do so.
THE CLIENT has read and understood the above statements about THE PHOTOGRAPHERS' use of images and agrees to the following, of his/her own free will (please check):
Boudoir poses can be uncomfortable at times. I agree to immediately tell photographer if at any time I am in pain or uncomfortable. *
I understand that I am not able to bring any additional people (friends, family members, boyfriends, girlfriends, etc.) to my shoot. *
I understand that the retainer fee DOES NOT include any prints or products and all purchases are made at the ordering appointment held following your shoot. I agree to pay at least the minimum investment is $999 at my ordering appointment which will be held following my shoot. *
PAYMENT PLAN POLICY: I understand payment plans are an option for payment- If payment is late there is an additional $25 late fee for every day late and if payment is more than 30 days late, Payment is sent to a collection agency. All monies paid are NONREFUNDABLE. *
I understand that the retainer fee is NONREFUNDABLE. If rescheduling is requested 60 days or more before the session a $99 rescheduling fee will be applied. If rescheduling is requested with less than 60 days notice a $349 rescheduling fee will be applied. If rescheduling is requested with less than 7 days notice it will be considered a cancellation, and cancellation fees will apply. To reserve a new date, I understand and agree to a new FULL PRICE session fee being required and minimum prepayment fees may be required. I understand that if I need to reschedule, I must agree on a new date within 24 hours of photographer responding with new date, if I don't, retainer fee will be forfeited and new retainer fee would need to be paid to schedule a new date. *
I understand that the retainer fee is NONREFUNDABLE. If cancellation is requested 60 days or more before the session a $250 cancellation fee will be applied. If cancellation is requested with less than 60 days notice a $500 cancellation fee will be applied. If rescheduling is requested with less than 7 days notice it will be considered a cancellation, and cancellation fees will apply. To reserve a new date, I understand and agree to a new FULL PRICE session fee being required and minimum prepayment fees may be required. I understand that if I need to reschedule, I must agree on a new date within 24 hours of photographer responding with new date, if I don't, retainer fee will be forfeited and new retainer fee would need to be paid to schedule a new date. *
Any time an image is posted online it is vulnerable to third party hacking. I understand that if I choose to do an online proofing gallery for album approval, I understand this and will not hold photographer liable should this occur. In person approval of album proof at studio is a possible alternative. *
Select Your Answer
I HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS, THE RIGHTS AND RESPONSIBLITIES, AND RELEASES THERIN.
Changes to Terms
lastphoto.kc reserves the right, in its sole discretion, to change the Terms under which lastphotokc.com is offered. The most current version of the Terms will supersede all previous versions. lastphoto.kc encourages you to periodically review the Terms to stay informed of our updates.
lastphoto.kc welcomes your questions or comments regarding the Terms:
kANSAS cITY, mo
Effective as of January 01, 2019