This agreement is between __“Eniary, INC”__ (hereafter “Photographer” “the Photographer” or “Photography Company”) and ____”CLIENT NAME”______ (hereafter referred to as “CLIENT”).

 

1. Introduction:

1.1 These terms of use, together with the Privacy Policy (collectively, the “Terms of Use”) set out the terms on which Eniary, Inc. (a Miami corporation, together with certain specified affiliates and subsidiaries: “Eniary”, “we”, “us, “our”) provides services (the “Services”) through Eniary’s booking platform (the “Platform”) as may be made available through our website (www.eniarystudio.com, together with all related domains, white label and affiliate sites, mobile properties and related applications, collectively referred to as the “Website”) and over the telephone. When we refer to “you”, we mean any person that accesses or uses the Services.

1.2 These Terms of Use govern your relationship with us in respect of your use of the Services, including any bookings that you make of photoshoots, sessions, services, packages and/or experience (described in these Terms of Use as a “Service”) that is advertised on the Website.

1.3 By using or accessing the Services, by booking a Service (“Book”, “Booking”), and/or creating an account on the Website (an “Eniary Account”), you agree to be bound by these Terms of Use without modification, and you represent that you have read and understood them. In all Booking arrangements, the person making the Booking shall be deemed to have accepted these Terms of Use on behalf of all the persons named in the Booking.

1.4 We may update or otherwise modify these Terms of Use at any time, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated Terms of Use. We will note the date that updates were last made to the Terms of Use at the top of this page, and the updated Terms of Use will take effect upon posting. It is your responsibility to return to this page periodically to review the most current version of the Terms of Use.

 

2. Use of the Services

2.1 As a condition of your use of the Services, you represent and warrant that (i) all information supplied by you in the course of your use of the Services is true, accurate, current and complete, and (ii) you are 13 years of age or older in order to use the Website. Eniary does not knowingly collect the information of anyone under the age of 13.

2.2 Your use of the Services is permitted by Eniary only for personal, non-commercial use and/or to make legitimate requests to make a Booking of the services offered. You agree not to use this Services to make any speculative, false or fraudulent requests or Bookings.

2.3 You further represent and warrant that you (a) are not currently suspended and have not previously been banned by Eniary from using the Services; (b) are not acting on behalf of a competitor of Eniary; (c) will not create more than one Eniary Account; and (d) have full power and authority to enter into this legally binding agreement and in doing so will not violate any other agreement to which you are a party.

2.4 We retain the right at our sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

2.5 In accessing or using the Website, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Eniary does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the Website at your own risk.

 

3. Electronic Communications

3.1. When you use the Eniary Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically and agree that we may communicate with you in a variety of ways, such as by e-mail, in-app push notices, or by posting notices and messages on the Website. You may unsubscribe from marketing-related e-mails by emailing unsubscribe@eniary.com, however we may continue to send you non-marketing messages, such as messages related to any upcoming Bookings.

 

4. Modifications or Cancellations by You

4.1 Once a service has been purchased, your Booking cannot be cancelled with a refund, unless otherwise stated in the terms and conditions applicable to such Product. Deposits are non-refundable. You can reschedule for free at least 2 days before your session start date & time. There is a $60 late reschedule fee if it’s past the 2 days before your shoot session.

4.2 The standard cancellation policy allows you to request a change to and/or cancel a Booking up until 48 hours before the start time of the Booking.

4.3 If any Product is designated as ‘All Sales Final’ or with materially similar messaging (which includes but is not limited to all group bookings booked through our Group Bookings Department), it is non-refundable, and it will not be possible to change or cancel it after making a Booking. A minority of Products have other, different cancellation policies. In all circumstances, you must check the cancellation policy contained in the applicable Service listing at the time of your Booking, which is the policy that will apply to and govern the terms of your cancellation and any refunds.

 

5. Other Modifications and Cancellations 

5.1 We may decide, in our sole discretion, that it is necessary or desirable for the protection of our interests, the Supplier’s interests and/or your interests, to withdraw our Services resulting in an override of the Product’s cancellation policy and the effective cancellation of a Booking. We may also determine, in our sole discretion, to arrange refund to you part or all of the amounts charged to you. You agree that we shall have no liability for such cancellations or refunds.

 

6. Fees

6.1In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the full sum as described in the service pages. CLIENT agrees to pay the photographer a non-refundable initial payment totaling 50% (fifty-percent) of the total price of the photography services upon booking on the website. The initial payment reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT. The balance of the payment for photography services must be paid in full after the SHOOT.

 

7. Work Product

7.1 PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than 24 hours after the date of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs. All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Photos from the SHOOT to be delivered to the client will be according to the following order.

 

8. Indemnification:

8.1 – PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.

8.2 – If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.

8.3 – CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.

8.4 – CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.

8.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.

8.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.

 

9. Duty of Client

9.1 CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.

 

10. Model Release

10.1 CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties.

 

11. Assignability and Parties of Interest

11.1 CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.

 

12. Our Liability

12.1 PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS ENIARY’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THESE TERMS OF USE, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SERVICES.

12.2 THE INFORMATION, CONTENT, SOFTWARE, PLATFORM, AND SERVICES PROVIDED BY ENIARY MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING IN RELATION TO SHOOT AVAILABILITY AND PRICING ERRORS. ENIARY, ITS PARENT, SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE “ENIARY GROUP COMPANIES”) DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND OTHER SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, ENIARY EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS AND/OR ON BOOKINGS MADE UNDER AN INCORRECT PRICE.

12.3 THE ENIARY GROUP COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND OTHER SERVICES FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE ENIARY GROUP COMPANIES. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ENIARY GROUP COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENIARY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW.

12.4 IN NO EVENT SHALL THE ENIARY GROUP COMPANIES (OR ANY OF THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A PRODUCT OR A BOOKING, OR YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ENIARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.6 If any Eniary Group Company is found liable for any loss or damage that arises out of or is in any way connected with your use of the Services or with a Booking or use of a Product, then the Eniary Group Companies’ liabilities will in no event exceed, in the aggregate, the greater of (a) the sum paid to Eniary in respect of the Booking giving rise to the claim, or (b) one hundred dollars (US $100.00).

12.7 The limitation of liability set forth in this Section 12 reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the Eniary Group Companies.

 

13. Your Liability

13.1 You agree to defend and indemnify Eniary and the Eniary Group Companies and all of their respective officers, directors, employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to: a. your breach of these Terms of Use or the documents referenced herein; b. your violation of any law, rule, regulation or guideline; c. your violation, infringement or misappropriation of the rights of a third party, including without limitation any rights of publicity or privacy; d. your use of the Services (including the Website); e. your Booking or use of any Product; or f. your negligence or willful misconduct.

 

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