Terms and Agreements



  Your use of the https://lacuna.photography or https://lacunaphotography.mypixieset.com/ Website (“Website”) affiliate appointment calendar, or your engagement in services constitutes your agreement to follow these rules and to be bound by them. These Terms may change. We reserve the right to update or modify these Terms at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this Website.

1.1 Definitions

"Client" means those who have engaged in the services of portrait sessions by Lacuna Photography LLC, herein referred to as "Photographer".

"Services", "Session" or "Portrait Session" means Client engagements of Photographer to provide, and where Photographer agrees to provide, photography services as advertised or described on Website, other related marketing materials.

"Work Product" or “Images” means photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints or digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.

"Valid Groupon Voucher" means a voucher Client has purchased and is redeemable for Photographer's Services or products advertised through third party partner Groupon.  

1.2 Exclusivity. Client acknowledges and agrees that Photographer will be the exclusive provider of the Services in the Portrait Session, unless otherwise agreed to by the parties in writing.

2. Fees and Payment

2.1 Fees. Client will pay Photographer the fees associated with the Services (“Fees”), including any applicable federal or state/local sales or value-added taxes due, as specified, advertised, or redeemable Valid Groupon Voucher for Services or available products.

2.2 Retainer. Client acknowledges and agrees that any retainer amounts set out is due upon the signing of this Agreement and is not refundable (“Retainer”), so as to fairly compensate Photographer for committing his/her time to provide the Services and turning down other potential projects or clients. Both parties agree that the Retainer will be credited towards the total Fees payable by Client.

2.3 Invoice. Photographer will issue an invoice to Client upon agreement of the Services (“Invoice”). Client agrees to pay all Fees outstanding on or prior to the due dates set. Any payment after the due date will incur a late fee of [10%] per month on the outstanding balance. Client acknowledges that the final amount payable may be subject to change depending on the amount actual expenses incurred. Client confirms and agrees that the final calculations provided in the Invoice, should they be different from the total listed, will be the final amount payable.

3. Client Responsibilities

3.1 Required Consents. Client will ensure that all required consents, as applicable, have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by Photographer and, as applicable, from venues or locales where the Services are to be performed or from participants of the Portrait Session.

3.2 Expenses. Client will provide the means of travel or be responsible for reasonable travel expenses incurred by Photographer that are necessary for the performance of the Services or travel that is otherwise requested by Client where the location of the performance of the Services is not within 30 mile radius of 55038. Client will be responsible for any other expenses incurred by Photographer that are necessary for the performance of the Services as more particularly set out in Article 2.

3.3 Waiver. Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.

4. Photographer Responsibilities

4.1 Equipment. Client will not be required to supply any photography equipment to Photographer.

4.2 Manner of Service. As part of the Services, the Photographer will use reasonable efforts to produce or take similar action to create materials from Images and provide related deliverables via upload to online gallery, pursuant to the provision of the Services (“Work Product”) requested by Client and agreed to by Photographer. Photographer will ensure to a reasonable extent that the Services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client’s activities.

5. Artistic Release

5.1 Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.

5.2 Style. Client acknowledges and agrees that:

  • Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style
  • Images delivered can include photographic coverage of the Portrait Session for a selection to choose for print making or sharing, and not all Images may be ideal, wanted, or otherwise, and may include redundancy, outtakes, or transitional movements.
  • Photographer will use its artistic judgement when providing the Service, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
  • Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

6. Term and Termination

6.1 Term. This Agreement will begin on the Effective Date and continue until the latter of (i) the date where all outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has been delivered via uploaded to online gallery and link emailed to Client to email address provided (“Term”).

6.2 Cancellation. Client may terminate the Agreement (“Cancellation”) or reschedule the Services (“Rescheduling”) by providing Photographer 1 day notice, via written, text, or email before the date of the Portrait Session. 

6.3 Rescheduling. In the event of Rescheduling, Photographer will use commercially reasonable efforts to accommodate Client’s change. If Photographer is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that Photographer will be under no obligation to perform the Services other than on the original date of the Portrait Session and Photographer shall have no further liability to Client. If rescheduling is initiated by Photographer for reasons, including but not limited to, weather, illness, injury, mechanical malfunction, Force Majeure, or other, Photographer will use reasonable efforts to reschedule at the earliest availability for both Client and Photographer and shall have no further liability to Client.

6.4 No Refund. Client acknowledges and agrees that Cancellation by Client will not result in a refund of any fees or vouchers paid on or prior to the date of Cancellation by Client and any Valid Groupon Voucher amounts remaining will be redeemable towards any available future services or products by Photographer and Photographer shall have no further liability to Client. Any downloads or sharing of Work Product are deemed accepted by Client and Client acknowledges and agrees will not result in refunds.

6.5 Late Arrivals. In the event that the Client arrives late to the Portrait Session, the amount of time late may be deducted from the time allotted for the session. Photographer will not provide a refund or other compensation for the time deducted from the session due to late arrival of the Client.

6.6 Replacement. In the event that Photographer is unable to perform the Services, Photographer shall terminate this Agreement and shall return the Retainer and all fees paid directly to Photographer by Client, and thereafter shall have no further liability to Client. If any Valid Groupon Voucher amounts remaining, can be redeemable towards any available future services or products by Photographer. Any refunds agreed to by Photographer shall be limited to the portion of the Valid Groupon Voucher that has been paid by Groupon to Photographer and refunded back to Groupon for Client refund or credit. Client shall be solely responsible to obtain any amounts of refund or credit from Groupon and Photographer shall have no further liability or responsibility to Client.

7. Ownership of Work Product by Photographer

7.1 Ownership of Work. Photographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any participants at the Portrait Session) hereby grants Photographer and any of its service providers, heirs or assigns, an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Portrait Session Materials” ) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s services, including in connection with Photographer’s studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict Photographer from using Portrait Session Materials as provided herein.

8. Limited License to Client

8.1 Personal Use. Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. Client will not make any other use of the Work Product without Photographer’s prior written consent, including but not limited to use of the Work Product for commercial sale.

9.  Indemnity and Limitation of Liability

9.1 Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, errors or omissions, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.

9.2 Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, injury, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Retainer) shall be returned any refunds or credits available to Client, within 15 days of the date of termination of the Agreement, or if any valid redeemable Groupon voucher amounts paid by Client remaining will be redeemable towards any available future services or products by Photographer, or if valid Groupon voucher redeemed by Photographer, any refunds agreed to by Photographer will be limited to amounts Groupon has paid to Photographer back to Groupon for Client refund or credit. Client will be responsible to obtain any amounts of refund or credit from Groupon and Photographer shall have no further liability to Client.

9.3 Failure to Deliver. Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, weather, illness, injury, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out by Services due to the actions of Client or participants at the Portrait Session that are beyond the control of Photographer.

9.4 Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement. If Valid Groupon Voucher used, Photographer’s maximum liability shall be limited to Photographer’s portion of the Valid Groupon Voucher that has been paid by Groupon to Photographer and refunded back to Groupon for Client's refund or credit. Client shall be solely responsible to obtain any amounts of refund or credit from Groupon and Photographer shall have no further liability or responsibility to Client.  Health and Safety: Client understands and agrees that medical decisions and risks are unique, personal, and private, and recognized internationally as a human right and concern bioethics, and that any personal protective equipment ("PPP"), medications, testing, or injections by Photographer or persons associated with Photographer or Portrait Session, are voluntary, and is not guaranteed to perform, and may fail to protect individuals and Client from exposure, transmission, illness, injury or death, whether used with proper care or otherwise. Client agrees that medical data is private and confidential and shall not be requested or required to be disclosed. Client agrees to waive and release any person of Photographer from all liability, whatsoever, including but not limited to, any and all claims or causes of action that Photographer, Photographer's estate, heirs, executors or assigns may have for personal injury, actions, errors, omissions, or negligence or otherwise, including transmission of covid 19 or other pandemic, virus or biothreat, known or unknown. Client agrees to reimburse Photographer for any attorneys' fees and costs incurred in any legal action brought against Photographer, Photographer's estate, heirs, executors or assigns and in which Photographer is the prevailing party.

10. Website & Disclaimers

10.1 Third-Party Transactional Security. The Website is part of third-party platform by Pixieset and affiliates and uses their transactional security in regards to your personal and privacy information. Client refers to, acknowledges, and understands Pixieset's privacy, terms and agreements for any concerns and risks.

https://pixieset.com/privacy/

https://pixieset.com/terms/

10.2 Access Codes. If provided a password-protected gallery, you are responsible for keeping the access code and account password secure. By sharing the access code or account password, others will have access to the Client Images and may also have the ability to share the access code and Client Images with others. 

10.3 Images. High resolution, professional quality prints may be available for purchase through this Website.  Inquire for availability.  Images are calibrated to a specific lab, and prints made through other labs cannot be guaranteed to look acceptable.  The Client Images on this Website are uploaded in a low resolution format for fast browser speed and viewing. Unless specified, any Client Images that are downloaded and printed will not be as crisp as a high resolution print.

10.4 Electronic Communications.  By engaging in a portrait session or Services, you authorize Lacuna Photography ("Photographer") to place and retain the Client Images or Work Product from the session on the Internet, understanding the nature of the Internet and possibility of unauthorized access by hackers, attackers, or others. Information, including Client Images on the Internet are electronic communications which can be intercepted, forwarded, printed and stored by others and could be accessed by unauthorized individuals. Your session collections are stored on a third-party server and can have an access code to help protect your privacy.

10.5 Image Storage. Generally, images are available for 90 days from the date of upload, and orders for portraits or products must be made within that time. After that time, Photographer is not responsible for storage, retrieval, or reprints and clients will need to inquire if available.

10.6 Client Images Termination of Access. You acknowledge and agree that, we may terminate your access to or use of the Client Images and remove and discard any content including, but not limited to, any and all information, communications, with respect to the Client Images, at any time, without notice, for any reason, in our sole discretion, including but not limited to: Conduct violating these Terms or other policies or guidelines set forth on the Website or platform; Conduct that we believe is harmful to other users, the business of Photographer, or affiliated companies (collectively, the “Companies”) or other third parties; and the security of your access code has been compromised. You agree that the Companies will not be liable to you or any third party for any termination of your access to the Website.

10.7 Services and Products. We reserve the right to modify the terms and conditions of our products and services, including termination or elimination of products, services, options or benefits, at any time in our discretion.

10.8 Right of Return. Lacuna Photography partners with third-party labs to supply photo products which are unreturnable, and subject to their policies and exceptions.  If there is an issue with your order, contact us so we can help you achieve any possible replacements with our partners.  

10.9 Transfer of Title. Purchases of product through Lacuna Photography (in-studio, online, etc.) are subject to a destination contract if in-studio pick up is requested. This means that the title and risk of loss for these products passes to the customer upon the carrier’s delivery to the studio. Otherwise, the title and risk of loss for any purchases pass to the customer upon our delivery to our carrier.

10.10 General Disclaimers

The website is operated on an “as is,” “as available” basis without representations or warranties of any kind. Photographer and affiliates, "Companies", expressly disclaim any and all representations and warranties with respect to this website and its contents, whether express, implied or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose.

Without limiting the foregoing, Companies do not represent or warrant that the information, content and materials on the website are accurate, complete or current or that the website will operate without interruption or error.

Without limiting the foregoing, Companies disclaim any and all warranties, express or implied, for any merchandise or services offered on this website.

Without limiting the foregoing, the Companies do not represent or warrant that products, materials or services will meet your requirements or expectations, operate on all computers, or that use will be reliable, uninterrupted or error free, or that the website or server are or will be free of viruses or other harmful components. Any materials downloaded or otherwise obtained through the website are at your own discretion and risk. You assume all responsibility and risk for any damage to your computer system or loss of data or materials that results from the download of any such material, or the purchase or use of a product or service or loss of materials.

Without limiting the foregoing, the Companies disclaim any liability as to the accuracy or completeness of each item description.

The Companies make no representation that content provided on the website is applicable or appropriate for use in locations outside of the united states. The Companies do not endorse nor make any warranties or representations about any website you may access through the website. Links to other websites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.

Limitation of liability

Under no circumstances, will the Companies or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the website or loss of materials, including without limitation guest images. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorized representative of any business has been advised of or should have known of the possibility of such damages.

Enforcement of terms and conditions

By accessing and using the website, you agree that your access to and use of the website is subject to these terms as well as all applicable laws, as governed and interpreted pursuant to the laws of the state of Minnesota, United States of America.

If you are dissatisfied with the website or any content on the site, or with the terms, your sole and exclusive remedy is to discontinue using the website. You acknowledge, by your use of the website, that your use of the website is at your sole risk.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the businesses under such circumstances for liabilities that otherwise would have been limited shall not exceed one dollar ($1.00).

11. General

11.1 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

  • Photographer’s Email
  • Client’s Email

11.2 Survival. Articles 7, 8, 9, 10 and 11 will survive termination of this Agreement.

11.3 Governing Law. This Agreement will be governed by the laws of [Minnesota/United States]

11.4 Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.

11.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and use of Website and supersedes all prior agreements and understandings both formal and informal. Client understands all risks and wishes to proceed with the photography sessions and freely accept and expressly assume any and all risks that may arise from this event. Client acknowledges that Client has been given adequate opportunity to read and understand this document, is not under the influence, and that signing it is an act of Client's own free will, free of coercion or duress.

11.6 Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.