This Non-Refundable Retainer, Cancellation, Rescheduling, and No Show Agreement (hereafter "Agreement"), dated 05/23/2022 (the "Effective Date"), constitutes a binding agreement between (hereafter "Client") and Phantasy Photos LLC (hereafter "Company", and collectively, the "Parties") for the (hereafter "Service" or "Services").
NONREFUNDABLE RETAINER The price for the Service includes a non-refundable retainer.
Except in extreme cases, outlined in the section labeled EXCEPTIONS, the retainer shall not be refunded.
If the Client makes a purchase, the purchase price shall be reduced by the amount of the retainer, plus any other discounts if offered.
If the Client does not make a purchase and agrees to allow the Company to share and use their photos per the separate PHOTOGRAPH USE AGREEMENT (completed and signed after the photo reveal), the Client shall receive a refund of the retainer in the form of a company check or cash before leaving the session location.
If the Client does not make a purchase and does not agree to allow the Company to share and use The Client's photos per the separate PHOTOGRAPH USE AGREEMENT completed and signed following the photo reveal), the Client shall not receive a refund.
TARDINESS Hair and makeup artists do not work for the Company. The Company books hair and makeup artists from a local hair and makeup agency. These hair and makeup artists may have other clients to service following the Client's appointment. As such, hair and makeup artists do not stay for the entire session.
The Client is expected to notify the Company by phone call or text message if the Client will be late. If the client is more than thirty (30) minutes late, Services shall be canceled. The Client shall not receive a refund.
RESCHEDULING Rescheduling the Service is only permitted for the specific cases identified in the section labeled EXCEPTIONS. Absent the conditions for rescheduling the Service, rescheduling is not permitted.
If a Client cannot attend the Service, the Client may give or sell the Service to another person.
CANCELLATIONS The Client may give or sell the Service to another person in lieu of a cancellation.
If the client chooses to cancel the Service more than ten (10) days before the session date, , the Client shall receive a refund for the total price of the Service less the non-refundable retainer.
If the Client chooses to cancel the Service within ten (10) days of the session date, , the Client shall not receive a refund.
NO SHOWS If the Client does not show up for the Service, the Client shall not receive a refund.
The Client is diagnosed with, exhibits symptoms of, or is suspected to have COVID-19 within 14 days of the session date, .
A member of the Client's immediate household is diagnosed with, exhibits symptoms of, or is suspected to have COVID-19 within 14 days of the session date, .
The Client is hospitalized.
A doctor orders or recommends that the Client be confined to home or bed due to illness, injury, or other serious medical condition.
The Client suffers a permanent, debilitating injury that prevents the client from participating in the Service.
The Client suffers temporary, disfiguring injuries (such as from a vehicular accident).
Death of a member of the Client's immediate family. The Company considers the following people members of the immediate family: spouse, domestic partner, parent, step-parent, parent-in-law, child, stepchild, foster child, sibling, step-sibling, half-sibling, sibling-in-law, grandparent, or step-grandparent.
For COVID-19 exceptions, the Client shall be required to take a COVID-19 test within three (3) days of the Service and present a negative result to the Company before the Service can be conducted.
For all exceptions, the Client shall be given one opportunity to reschedule the Service or cancel.
If the Client chooses to cancel the Service, the client shall receive a full refund, including the non-refundable retainer.
If the Client chooses to reschedule, the Client may reschedule the Service one (1) time.
If, after rescheduling, the Client cancels the Service more than ten (10) days before the Service scheduled date, , the price of the Service less the non-refundable retainer shall be refunded.
If, after rescheduling, the Client cancels the Service within ten (10) days of the session date, , there shall be no refund of any amount.
If, after rescheduling, the Client wishes to reschedule the Service again, the Client shall not receive a refund and shall be required to pay the full price to reschedule the Service.
INELIGIBILITY FOR A FUTURE COMPLIMENTARY BOUDOIR EXPERIENCE If the Client cancels or does not show up for the Service, the Client becomes ineligible to receive another Complimentary Boudoir Experience.
The Parties affirm to have read the foregoing prior to its execution and agree to the contents hereof. The Parties agree that the Agreement is irrevocable, worldwide, and perpetual, and shall be governed by the laws (excluding the laws of conflicts) of the countries/states from the list presented below that is nearest to the address of the Company: UNITED STATES OF AMERICA | State of NEVADA | County of CLARK | City of LAS VEGAS
IN WITNESS THEREOF, the Parties, intending to be legally bound, have executed this Cancellation, Rescheduling, and No Show Agreement as of 05/23/2022.