Last updated: October 12, 2026
Welcome to the Kirby Photography website. These Terms and Conditions (“Terms”) apply to everyone who visits or uses this website, which is owned and operated by Kirby Photography LLC (“Kirby Photography,” “we,” “us,” or “our”). By using this website, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the website.
Use of This Website
You may browse this website for your own personal, non-commercial use, such as learning about our sessions and contacting us. You agree to use the website only for lawful purposes and in a way that does not harm Kirby Photography, our clients, or other visitors.
Age-Restricted Content
Part of this website, including our intimate portrait (boudoir) section, contains content intended only for adults 21 years of age or older. By confirming your age and entering that section, you confirm that you are at least 21 and that viewing this content is legal where you live. You agree not to share this content with, or allow access by, anyone under 21.
Copyright and Ownership of Images
All photographs, graphics, logos, text, and other content on this website are owned by Kirby Photography LLC or used with permission, and are protected by United States and international copyright laws. The people in our photographs are our clients, and their images are shared with permission for display on this website only.
Unless you have our written permission, you may not:
- Copy, download, screenshot, save, print, or reproduce any image from this website
- Share, repost, publish, or distribute our images on any website, social media account, or platform
- Edit, crop, filter, alter, or remove any watermark or copyright information from our images
- Use our images or content for any commercial purpose, including advertising or promoting another business
Clients who have purchased images from us may use them as described in their client agreement. That agreement, not these Terms, controls how clients may use their own photographs.
Artificial Intelligence and Automated Use
To protect our work and the people in our photographs, the following uses are strictly prohibited:
- Using bots, scrapers, crawlers, or any automated tool to copy, collect, or download images or content from this website, other than search engines and AI search tools indexing the website so people can find us
- Using any image or content from this website to train, fine-tune, test, or improve any artificial intelligence (AI) or machine learning system
- Uploading any image from this website into an AI tool, app, or service to edit, alter, recreate, or generate new images or video
- Creating “deepfakes,” altered, sexualized, or “undressed” versions of any person shown on this website
- Using facial recognition or any other method to identify people shown on this website
We take these violations seriously. We may pursue all remedies available under the law, file copyright takedown notices, and report violations to the platforms involved and to law enforcement where appropriate.
Respecting Our Clients’ Privacy
Please respect the privacy of the people you see on this website. You agree not to attempt to identify, locate, contact, or harass anyone shown in our photographs. Learn more about how we protect our clients on our Image Use and Client Privacy page.
Other Prohibited Conduct
You also agree not to:
- Submit false, misleading, or spam information through our forms
- Attempt to hack, disrupt, overload, or gain unauthorized access to this website or its systems
- Upload or send any virus, malware, or harmful code
- Use this website in any way that violates any law or the rights of others
Sessions, Pricing, and Availability
Information on this website about our sessions, including descriptions, sets, themes, wardrobe, pricing, and availability, is provided for general information and may change at any time without notice. Nothing on this website is a binding offer. Your session is confirmed only once you have completed booking through our booking system, including any signed client agreement and required deposit or payment. Your client agreement governs your session, payments, cancellations, image delivery, and usage rights.
Reviews and Testimonials
Client reviews and testimonials on this website reflect the personal experiences of those clients. Every session is unique, and your experience and results may be different.
Third-Party Services and Links
This website may link to or use services provided by others, such as our booking and gallery platforms (UseSession and Pixieset) and social media sites (Facebook and Instagram). We are not responsible for the content, policies, or practices of those third parties, and your use of their services is subject to their own terms.
Disclaimer
This website and its content are provided “as is” and “as available.” While we work to keep information accurate and up to date, we make no guarantees that the website will always be available, error-free, or completely accurate, and we disclaim all warranties to the fullest extent permitted by law.
Limitation of Liability
To the fullest extent permitted by law, Kirby Photography LLC and its owners, employees, and contractors will not be liable for any indirect, incidental, special, or consequential damages arising from your use of, or inability to use, this website or its content.
Pets and Live Animals at Sessions
Pets are welcome at family sessions with advance notice, and some sessions may include live animals. Working with live animals comes with the possibility of exposure to illness or disease. By booking a session, you agree that Kirby Photography LLC is not liable for any injuries or illness due to that exposure.
Indemnification
You agree to hold harmless and defend Kirby Photography LLC from any claims, damages, or expenses (including reasonable attorney fees) arising from your violation of these Terms or your misuse of this website or its content.
Reporting Copyright Infringement
If you find one of our images being used without permission, or believe content on this website infringes your rights, please contact us at kirby@photographer.net with a description and a link to the content.
Governing Law
These Terms are governed by the laws of the State of Minnesota, without regard to conflict of law rules. Any dispute related to these Terms or this website will be handled in the state or federal courts located in Beltrami County, Minnesota.
Changes to These Terms
We may update these Terms from time to time. When we do, we will change the “Last updated” date at the top of this page. Continuing to use the website after changes are posted means you accept the updated Terms.
Contact Us
Questions about these Terms? Contact us:
Kirby Photography LLC
8147 US-2, Bemidji, MN 56601
Phone: (218) 766-7856
Email: kirby@photographer.net