ÉNIARY, INC

Photography Services Agreement & Chargeback Policy

This Agreement is entered into between Eniary, Inc. (“Photographer,” “Eniary,” “we,” “us,” or “Company”) and the individual or entity completing a booking (“Client,” “you”).

By checking the acceptance box during checkout, Client confirms they have read, understood, and agreed to all terms below before payment is submitted.

1. Binding Acceptance

1.1 By booking any service, submitting payment, creating an account, or purchasing edits through our website or galleries, Client enters into a legally binding agreement with Eniary, Inc.

1.2 The individual completing the booking represents that they are authorized to agree on behalf of all persons included in the booking.

1.3 Acceptance is recorded electronically and includes timestamp, IP address, order ID, and terms version. This record constitutes proof of agreement.

2. Payment, Refunds, and Final Sale Policy

2.1 All payments are final and non-refundable once processed, regardless of attendance, satisfaction, personal circumstances, or event outcome, unless explicitly stated otherwise in writing by Eniary.

2.2 A non-refundable initial payment of 50 percent of the total service price is required at booking to reserve the session time. This payment secures availability and removes the slot from sale.

2.3 The remaining balance must be paid in full after the shoot.

2.4 Refunds are not available for:

  • Missed sessions

  • Late arrivals

  • Dissatisfaction with images

  • Change of mind

  • Scheduling conflicts

  • Personal emergencies

  • Posting deadlines or third-party obligations

2.5 Cancellation does not entitle Client to a refund. Rescheduling may be permitted under Section 3.

3. Rescheduling Policy

3.1 Client may reschedule one time at no cost if requested at least 48 hours before the scheduled session start time.

3.2 Rescheduling requests made within 48 hours are subject to a $60 late reschedule fee.

3.3 Failure to appear or failure to reschedule within the permitted window is considered a completed service with no refund eligibility.

4. Editing, Digital Services, and Turnaround

4.1 All image edits are custom digital services and begin processing immediately upon purchase.

4.2 All edit purchases are final and non-refundable, including but not limited to:

  • Standard edits

  • Special edits

  • Retouching

  • Add-ons purchased during booking or via gallery

4.3 The standard turnaround time for edits is 4–6 business days. This timeframe is acknowledged and accepted at purchase.

4.4 Delays within the stated turnaround period do not constitute non-delivery or breach of service.

5. Service Fulfillment and Completion

5.1 Service is considered rendered and fulfilled when proof images are delivered, regardless of whether the Client downloads, selects, or purchases additional edits.

5.2 Edited image delivery constitutes full completion of editing services.

5.3 Client acknowledges that digital delivery, gallery access logs, and delivery timestamps are valid proof of service fulfillment.

6. Artistic Style and Satisfaction

6.1 Photography is an artistic service and style is subjective.

6.2 Client acknowledges that dissatisfaction with:

  • Poses

  • Expressions

  • Lighting

  • Composition

  • Editing style

  • Aesthetic preferences

does not qualify for a refund, chargeback, or service reversal.

6.3 The sole remedy, if offered, is revision options as defined by Eniary. Refunds are not available for subjective dissatisfaction.

7. Chargebacks and Payment Disputes

7.1 Chargebacks are not an acceptable alternative to requesting customer support or rescheduling.

7.2 By agreeing to this contract, Client acknowledges that initiating a chargeback for services rendered, digital goods delivered, or policies clearly disclosed constitutes a breach of this Agreement.

7.3 Eniary will actively dispute all chargebacks using:

  • Proof of agreement acceptance

  • IP logs

  • Order records

  • Gallery delivery logs

  • Communication records

  • This signed Agreement

7.4 Client agrees to be liable for any chargeback fees, investigation costs, or administrative expenses incurred due to an invalid or unauthorized dispute.

8. Copyright and Usage

8.1 Photographer retains full copyright ownership of all images.

8.2 Client is granted a personal-use license only unless otherwise stated in writing.

8.3 Removal of watermark from edited images requires an additional $500 copyright removal fee. Proof images do not contain watermarks.

9. Proofs and Storage

9.1 Proof images are provided for review purposes only and may not be stored, redistributed, or altered.

9.2 Photographer is not obligated to retain image files beyond 60 days after delivery.

10. Model Release

10.1 Client grants Photographer permission to use Client’s likeness in portfolio, marketing, advertising, and promotional materials.

10.2 This release applies unless Client submits a written opt-out prior to the session.

11. Substitution and Assignment

11.1 Client understands services are not guaranteed to be performed by a specific photographer.

11.2 Photographer may assign qualified staff or subcontractors to fulfill services.

12. Limitation of Liability

12.1 Photographer’s maximum liability is limited to the amount paid for the specific service giving rise to the claim or $100, whichever is greater.

12.2 Photographer is not liable for indirect, incidental, or consequential damages.

13. Indemnification

13.1 Client agrees to indemnify and hold harmless Eniary from any claims, damages, losses, or expenses arising from:

  • Client conduct

  • Third-party claims

  • Location permissions

  • Personal injury during the session

14. Governing Law

14.1 This Agreement is governed by the laws of the State of Florida.

15. Entire Agreement

15.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior communications.

✔ Client Acknowledgment

By checking the acceptance box and submitting payment, Client confirms:

  • They read this Agreement in full

  • They understand the non-refund and chargeback policy

  • They agree that services begin immediately

  • They waive refund rights where disclosed