Terms of Service

To access most features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

You are responsible for safeguarding your account credentials and for all activity occurring under your account. You agree to notify LastCall Pro immediately of any unauthorized access or suspected breach. LastCall Pro is not liable for losses arising from unauthorized use of your account resulting from your failure to maintain account security.

Each User may maintain only one active account per entity or individual capacity. Business entities with multiple licensed locations may maintain separate accounts per location, subject to LastCall Pro’s verification and billing rules. Creating duplicate accounts to circumvent suspensions, strike counts, or Fees is grounds for permanent termination.

LastCall Pro may require identity verification, license verification, and documentation at registration or at any time thereafter. Required documentation may include government-issued photo identification, state license, EIN, business registration, insurance certificates, and tax forms (W-9 for domestic Users, W-8 for foreign Users). Failure to complete verification when requested may result in account suspension or termination.

Funeral Homes agree to:

• Maintain all required state licensure and comply with all applicable laws, including the FTC Funeral Rule, state mortuary science regulations, state disposition authorization requirements, OSHA 29 CFR 1910.1030 Bloodborne Pathogens Standard, and state permitting requirements for transportation of human remains;
• Maintain chain of custody for all human remains and decedent personal property at all times;
• Carry general liability insurance of at least one million dollars ($1,000,000) per occurrence and maintain any additional coverage required by state law;
• Accurately describe job requirements, timelines, and scope when posting requests or booking Suppliers and Workers;
• Pay all Fees and amounts owed through the Platform promptly;
• Treat all Users with professionalism and comply with the Non-Discrimination obligations in Section 14;
• Not circumvent the Platform by contracting directly with Suppliers or Workers first introduced through LastCall Pro during the Non-Circumvention Period defined in Section 12.

5.2.1 Independent Contractor Status

Workers are independent contractors, not employees, agents, partners, joint venturers, or franchisees of LastCall Pro or of any Funeral Home. Workers specifically acknowledge and agree that:

• Workers are free to accept or decline any Booking offered through the Platform and bear no obligation to accept a minimum number of Bookings or generate a minimum amount of revenue;
• Workers set their own schedules, choose which jobs to accept, and control the manner, means, and methods by which their services are performed;
• Workers provide their own tools, equipment, licenses, certifications, insurance, vehicles, and professional supplies;
• Workers are free to provide services to other platforms, businesses, and individuals, including competitors of LastCall Pro and of any Funeral Home using the Platform, and LastCall Pro does not restrict Workers from accepting work outside the Platform;
• Workers are not entitled to employee benefits of any kind, including but not limited to health insurance, retirement plans, paid time off, unemployment insurance, or workers’ compensation coverage through LastCall Pro or any Funeral Home;
• Workers are responsible for all federal, state, and local taxes, including self-employment tax, and LastCall Pro will not withhold taxes from Worker earnings;
• Workers perform services that are outside the usual course of LastCall Pro’s business. LastCall Pro is a technology platform, not a funeral services provider, mortuary, or transportation provider;
• Workers engage in an independently established trade, occupation, or business, and use of the Platform is not the sole or required source of Worker income;
• Workers may use business names, may engage subcontractors where permitted by license and insurance, and may operate through legal entities they control.

5.2.2 Licensure, Credentials, and Insurance

Workers who perform regulated services must maintain all required state licenses, certifications, and insurance coverage in good standing. Workers consent to annual re-verification by the applicable state licensing authority (for example, LARA for Michigan Workers) and to monthly batch license checks. Workers performing regulated services must carry liability insurance at the minimum levels specified on the Platform or by applicable law.

5.2.3 Background Checks

Workers may be required to complete a background check, at the Worker’s expense, as a condition of activating certain Listings or accepting certain Bookings. Background checks are conducted in accordance with the Fair Credit Reporting Act and applicable state law as described in Section 6.2.

5.2.4 Performance Standards

Workers must maintain a minimum rating of 4.0 stars and comply with the cancellation and no-show policy in Section 8.

5.2.5 Fees for Workers

Workers do not pay subscription fees or commission fees to LastCall Pro. Workers may pay optional fees for Featured Listings, Instant Pay, background checks, and credential verification as described in Section 7.

Suppliers and Vendors agree to:

• Maintain all required licenses, permits, certifications, and insurance applicable to their offerings;
• Accurately describe vehicles, equipment, supplies, or services listed, including condition, capacity, availability, and any applicable pre-need versus at-need designation;
• If offering commercial vehicles, comply with applicable U.S. Department of Transportation regulations, state vehicle registration requirements, and state permitting requirements for transportation of human remains;
• Honor confirmed Bookings and comply with the cancellation policy in Section 8;
• Pay applicable monthly listing fees and transaction fees in accordance with Section 7;
• Comply with all FTC Funeral Rule requirements applicable to the sale or distribution of funeral merchandise, including Casket Price List, Outer Burial Container Price List, and General Price List disclosure obligations where applicable.

Admins are LastCall Pro personnel authorized to moderate the Platform, verify credentials, handle disputes, and enforce these Terms. Admin authority is internal only. Admins do not act as arbitrators, mediators, legal representatives, or agents of any User. Admin decisions on disputes, suspensions, and account matters are final, subject to the dispute resolution procedures in Section 19.

LastCall Pro verifies state-issued licenses for Workers, Suppliers, and Funeral Homes through third-party data sources and direct queries to state licensing authorities at registration, annually, and through monthly batch checks. License verification data may be up to 30 days old and reflects the last batch update from the applicable state licensing authority. Users must report any change in licensure status (suspension, revocation, surrender, or lapse) within 48 hours.

LastCall Pro may offer or require background check services for Workers through FCRA-compliant third-party consumer reporting agencies. Before any background check is initiated, Workers will receive:

• A standalone FCRA disclosure document separate from these Terms;
• A written authorization form;
• A copy of the federal Summary of Consumer Rights under the Fair Credit Reporting Act and any additional state-specific disclosures required by law (including those applicable to Users in California, New York, Washington, Illinois, and other states with enhanced consumer reporting protections).

If LastCall Pro intends to take any adverse action (including denial or deactivation of Listings, suspension, or termination) based in whole or in part on a background check result, the affected Worker will receive a pre-adverse action notice with a copy of the report and a reasonable opportunity to dispute the results, followed by an adverse action notice if the decision is finalized.

LastCall Pro may verify professional credentials, certifications, and insurance coverage through third-party providers. Users authorize LastCall Pro to contact credentialing bodies, licensing authorities, and insurers to confirm the accuracy of submitted credentials.

Verification services are a convenience offered by LastCall Pro. LastCall Pro does not guarantee the accuracy, completeness, currency, or predictive value of any verification result. Funeral Homes remain fully responsible for their own due diligence before engaging any Worker, Supplier, or Vendor. A verification result is not an endorsement, recommendation, or guarantee by LastCall Pro of any User’s fitness, qualifications, or conduct.

Funeral Homes select a subscription tier when registering. Current tiers are:

• Basic: $99 per month
• Standard: $199 per month
• Pro: $349 per month

Subscription fees are billed monthly in advance and are non-refundable except as required by law. LastCall Pro may offer a 30-day free trial; Urgent Alert functionality requires a payment method on file to unlock. Current pricing is published at lastcallpro.co/pricing and may be updated as described in Section 7.10.

Funeral Homes pay a 12% transaction fee on the Booking Value of each Booking made through the Platform. The transaction fee is calculated on the gross transaction amount before taxes and is charged at the time of payment processing.

LastCall Pro retains a 0.6% processing spread on payment processing, in addition to the 12% transaction fee.

Basic tier Funeral Homes pay $25 per Urgent Alert to broadcast emergency labor or asset requests. Standard and Pro tiers may include Urgent Alerts in their subscription as described on the Platform.

When fewer than three qualified Workers are available to meet an urgent request, a surge multiplier of 25% to 40% may apply to Worker rates. Funeral Homes will see the surge rate before confirming the Booking. Surge pricing does not apply in any jurisdiction where surge or dynamic pricing during emergencies is restricted by law. LastCall Pro reserves the right to disable surge pricing in specific states or during declared emergencies.

Workers may elect to pay:

• Background Check Fee: $59.99 (paid to third-party provider through the Platform);
• Credential Verification Fee: $24.99;
• Featured Listing Fee: $9.99 to $19.99 per month;
• Instant Pay Fee: $2.99 to $4.99 per payout (optional; standard payout is free on a next-business-day schedule).

Suppliers and Vendors pay monthly listing fees tiered by category and volume, as published on the Platform. Listing fees are billed monthly in advance.

All payments are processed through Stripe Connect. By using the Service, you agree to the Stripe Services Agreement, the Stripe Connected Account Agreement, and any other Stripe terms applicable to your User type. Stripe is a third party, and LastCall Pro has no control over Stripe’s processing decisions, holds, chargebacks, or account actions. LastCall Pro is not responsible for errors, delays, or disputes arising from Stripe’s processing services.

You are solely responsible for all taxes arising from your activity on the Platform, including sales tax, use tax, income tax, and self-employment tax. LastCall Pro may be required to collect and remit sales tax on behalf of Suppliers, Vendors, or Workers in jurisdictions where marketplace facilitator laws apply. Suppliers, Vendors, and Workers authorize LastCall Pro to do so and waive any claim against LastCall Pro for good-faith compliance with such laws. LastCall Pro will provide reasonable notice and reporting to affected Users.

LastCall Pro may modify Fees at any time. Fee changes will take effect no earlier than 30 days after notice, and continued use of the Service after the effective date constitutes acceptance of the new Fees.

You agree to contact LastCall Pro first to resolve any Fee or Booking dispute before initiating a chargeback with your card issuer. LastCall Pro reserves the right to suspend or terminate accounts that initiate chargebacks in bad faith.

LastCall Pro, or its payment processor, will issue tax forms (including Form 1099-K for Workers, Suppliers, and Vendors meeting applicable IRS thresholds) electronically. By accepting these Terms, Workers, Suppliers, and Vendors consent to electronic delivery of tax forms and agree to provide a valid W-9 or W-8 as requested. Users remain responsible for their own tax reporting and payment obligations.

Users must not use the Service in violation of U.S. economic sanctions administered by the Office of Foreign Assets Control (OFAC) or any applicable anti-money laundering laws. LastCall Pro and its payment processor may screen Users against OFAC and sanctions lists and may decline to process transactions or may suspend accounts to comply with such laws.

A Booking is formed when a Funeral Home and a Worker, Supplier, or Vendor confirm the job details and price through the Platform and payment is authorized.

LastCall Pro enforces a three-tier cancellation policy:

8.2.1 No-Show or Late Cancellation by Worker, Supplier, or Vendor

A Worker, Supplier, or Vendor who fails to appear for a confirmed Booking or who cancels within the non-refundable notice window defined on the Platform at the time of Booking will be assessed a cancellation fee equal to 50% of the Booking Value, payable to the Funeral Home as compensation for platform reimbursement costs, reputational harm to the Funeral Home, and the cost of sourcing a replacement provider. The parties agree that this amount is a reasonable pre-estimate of actual damages and not a penalty, given the time-sensitive and reputation-sensitive nature of funeral services.

8.2.2 Three-Strikes Suspension

A User who accumulates three no-shows or late cancellations within a rolling twelve-month period will be suspended from the Platform. Suspension length is determined by LastCall Pro based on severity, User history, and the nature of the affected Bookings.

8.2.3 Funeral Home Cancellations

Funeral Homes that cancel a Booking within the non-refundable window defined on the Platform may forfeit a portion of the Booking fee. The specific forfeiture schedule is disclosed to Funeral Homes before Booking confirmation.

Users agree to participate honestly in the Platform’s universal ratings system. Workers, Suppliers, and Vendors must maintain a minimum rating of 4.0 stars to remain active on the Platform. Accounts falling below 4.0 may be suspended pending review. LastCall Pro may remove reviews that violate the Prohibited Conduct provisions in Section 14, that contain personal information of third parties, or that are determined in LastCall Pro’s reasonable judgment to be retaliatory, fraudulent, or manipulated.

You retain ownership of the Content you post to the Platform. You grant LastCall Pro a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, display, and distribute your Content for the purpose of operating, promoting, and improving the Service. This license terminates when you delete the Content from the Service, except that the license continues for (a) aggregated or de-identified data derived from your Content, (b) Content that has been shared with or incorporated by other Users, and (c) Content that remains on publicly accessible portions of the Service (such as reviews and ratings associated with completed Bookings).

You represent and warrant that: (a) you own or have all necessary rights in your Content; (b) your Content does not infringe any third party’s intellectual property, privacy, or publicity rights; (c) your Content does not contain personal information of third parties submitted without their consent; (d) your Content does not contain malware, viruses, or malicious code; and (e) your Content complies with all applicable laws, including intellectual property, privacy, and advertising laws.

LastCall Pro may, but is not obligated to, review, remove, or refuse to display any Content at our sole discretion.

LastCall Pro complies with the Digital Millennium Copyright Act. To submit a takedown notice, contact our designated agent at legal@lastcallpro.co. Our designated agent is registered with the U.S. Copyright Office (DMCA Registration Number: DMCA-1072090) and listed in the public Designated Agent Directory at dmca.copyright.gov. Notices must comply with 17 U.S.C. Section 512(c)(3). Repeat infringers will have their accounts terminated.

All rights, title, and interest in and to the Service, including software, designs, trademarks, logos, and the name “LastCall Pro,” are owned by LastCall Pro LLC or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service solely in accordance with these Terms.

You agree not to:

• Copy, modify, reverse engineer, or create derivative works of the Service except as expressly permitted;
• Scrape, crawl, or extract data from the Service without written permission, including through the use of AI training data extraction, automated scraping tools, harvesters, spiders, or similar technologies;
• Use any LastCall Pro trademark or branding without written permission;
• Remove any copyright, trademark, or proprietary notices from the Service.

You may cancel your account at any time through your account settings. Subscription fees already paid are non-refundable. Outstanding transaction obligations, cancellation fees, and indemnification obligations accrued before termination must be settled before account closure.

LastCall Pro may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or illegal activity, or created risk for LastCall Pro or other Users.

Upon termination, your right to access the Service ends immediately. Provisions that by their nature should survive termination, including Sections 7 (outstanding payment obligations), 8.2 (cancellation obligations accrued before termination), 10 (Platform Role), 11.1 (Content license, as narrowed), 12 (Non-Circumvention), 13 (Intellectual Property), 16 (Disclaimers), 17 (Limitation of Liability), 18 (Indemnification), 19 (Dispute Resolution), and 21.4 (Assignment), will survive.

Before filing any claim, you agree to contact LastCall Pro at legal@lastcallpro.co and attempt in good faith to resolve the dispute informally for at least 30 days.

If informal resolution fails, you and LastCall Pro agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively through binding individual arbitration,

administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for disputes involving an individual User acting in a personal capacity) or its Commercial Arbitration Rules (for disputes involving business Users). The arbitration will be held in Oakland County, Michigan, or, if the individual User resides outside Michigan, at a mutually agreed location reasonably convenient to the individual User, or conducted remotely at the arbitrator’s discretion.

19.2.1 Delegation

The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. This delegation does not apply to the Class Action Waiver in Section 19.3, which a court may enforce.

You and LastCall Pro agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative action. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

19.3.1 Mass Arbitration Protocol

If 25 or more arbitration claims asserting similar claims are filed against LastCall Pro within a 90-day period and are represented by the same or coordinated counsel, the parties agree the claims will be managed under AAA’s Mass Arbitration Supplementary Rules where available or, if AAA declines or such rules are unavailable, under a coordinated bellwether proceeding designed by LastCall Pro in good faith and approved by AAA. The intent is to resolve similar claims efficiently without defeating the Class Action Waiver in Section 19.3.

Either party may bring a claim in small claims court if the claim qualifies. Either party may also seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.

You may opt out of this arbitration agreement by sending written notice to legal@lastcallpro.co within 30 days of first accepting these Terms. The notice must include your name, account email, and a clear statement that you are opting out of arbitration.

These Terms are governed by the laws of the State of Michigan, without regard to its conflict of law principles. To the extent any claim is not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Oakland County, Michigan. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section 19, notwithstanding any choice of Michigan law for other provisions.

These Terms, together with the Privacy Policy, the Worker Supplement and Supplier and Vendor Supplement (as applicable), and any other policies referenced or linked from the Service, constitute the entire agreement between you and LastCall Pro regarding the Service.

If any provision of these Terms is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

LastCall Pro’s failure to enforce any provision of these Terms is not a waiver of that provision.

You may not assign or transfer these Terms or any rights under them without LastCall Pro’s written consent. Any attempted assignment by you in violation of this Section is void. LastCall Pro may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, power failures, internet outages, or government action.

Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and LastCall Pro.

LastCall Pro may provide notices to you by email to the address on your account or by posting on the Service. You may contact LastCall Pro at the address and email listed in Section 22.

By using the Service, you consent to receive communications from LastCall Pro electronically, and you agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communication be in writing. If at any time you wish to withdraw consent to electronic communications, you must stop using the Service and close your account, as the Service cannot be provided without electronic communications.

You represent that you are not located in, and are not a national or resident of, any country subject to U.S. trade sanctions, and that you are not listed on any U.S. government list of prohibited or restricted parties.

LastCall Pro is committed to making the Service accessible in substantial compliance with WCAG 2.1 Level AA. If you encounter any accessibility barrier, please contact accessibility@lastcallpro.co. We will respond to accessibility concerns in good faith and work to remediate barriers where reasonably possible.

If you are a California resident, additional rights and disclosures under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) are described in our Privacy Policy, including rights of access, deletion, correction, and opt-out of sale or sharing of personal information.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Residents of other states should consult their applicable state consumer protection agency.