Welcome to Enchanted Fairies! These Terms of Service (“Terms”) govern your use of our website, services, and photography experiences. By booking a session, using our website, or engaging with our services, you agree to be bound by these Terms. Please read them carefully.
Enchanted Fairies Studio LLC (“Enchanted Fairies,” “we,” “us,” or “our”) provides children’s storybook portrait photography experiences at studio locations throughout the United States.
1. Our Services
Enchanted Fairies provides professional storybook portrait photography sessions for children and families. Our services include, but are not limited to: portrait photography sessions featuring fairy, warrior, and storybook themes; access to our wardrobe and costumes; professional digital image editing and artistic enhancements; printed portraits, canvases, and artwork; storybooks and other custom products; and photo premiere presentations.
2. Booking and Session Fees
2.1 Session Fee
A session fee is required at the time of booking to secure your appointment. Session fees cover the photography session experience and do not include portraits, artwork, or other products, which are available for separate purchase.
2.2 Non-Refundable Session Fees
Session fees are non-refundable. However, if you need to reschedule your appointment, your session fee may be applied toward a rescheduled session provided you give us at least seven (7) days advance notice before your scheduled appointment time.
2.3 Rescheduling Policy
We understand that life happens. You may reschedule your session one (1) time without penalty if you provide at least seven (7) days notice. Rescheduling requests made with less than seven days notice, or requests to reschedule more than once, may be accommodated at our sole discretion. Repeated reschedules or last-minute changes may result in forfeiture of your session fee.
2.4 No-Shows
If you fail to appear for your scheduled session without prior notice (“no-show”), your session fee will be forfeited and you will need to pay a new session fee to book a future appointment.
3. Products and Orders
3.1 Product Purchases
Following your photography session, you will have the opportunity to view and purchase portraits and artwork during a photo premiere or ordering session. All purchases are subject to these Terms.
3.2 Order Finalization
All sales are final. Due to the custom nature of your artwork, orders cannot be changed, modified, or cancelled once confirmed and payment has been submitted. We take great care to ensure you are completely satisfied with your selections before finalizing your order.
3.3 Turnaround Time
Standard turnaround time for completed orders is four to six (6-8) weeks once payment is made in full. Orders requiring proofing or special requests may take eight to ten (8-10) weeks or longer. Hand painted art pieces can take up to 6 months to commission. Turnaround times are estimates and may be extended during peak periods or for custom items.
4. Payment Terms
4.1 Accepted Payment Methods
We accept major credit cards, debit cards, and approved third-party financing. Payment plans may be available through our approved financing partners, subject to credit approval and the terms of the financing agreement.
4.2 Payment Plans
If you choose to use a third-party financing option, your order is considered “paid in full” by Enchanted Fairies. You are solely responsible for fulfilling any obligations to your lender under the terms of your financing agreement. Enchanted Fairies is not responsible for disputes between you and your lender.
4.3 Chargebacks and Disputes
If you initiate a chargeback or payment dispute after receiving services or products, we reserve the right to pursue all available remedies, including collection efforts and reporting to credit agencies. Fraudulent chargebacks may be reported to appropriate authorities.
5. Artwork and Proofing
5.1 Artistic Discretion
The artistry and enchanting effects applied to your portraits are at the sole discretion of our artists. This includes digital enhancements, fantasy elements, backgrounds, and other creative elements that make Enchanted Fairies portraits unique.
5.2 Proofing
Most orders are produced without proofing. If you request proofing, the first round is complimentary; however, proofing may extend your turnaround time to eight to ten (8-10) weeks or longer. Additional proofing rounds are $99 each.
6. Intellectual Property
6.1 Ownership
All photographs, images, artwork, digital files, creative elements, editing techniques, and other materials created by Enchanted Fairies are protected by copyright and remain the exclusive property of Enchanted Fairies Studio LLC. Purchase of portraits or products grants you a personal, non-commercial license to display and enjoy your purchased items.
6.2 Usage Rights
Unless you have purchased digital files with print release rights, you may not reproduce, copy, distribute, or commercially use any images or artwork. Digital slideshows come without print rights, remain unedited (without retouching or magic), and cannot be printed.
6.3 Model Release
By participating in a session, you grant Enchanted Fairies permission to use images from your session for marketing, advertising, promotional materials, social media, portfolio display, and other business purposes, unless you opt out in writing at the time of your session.
7. Session Conduct and Policies
7.1 Wardrobe
We provide an extensive wardrobe including fairy gowns (infant to size 24W Plus), warrior outfits (infant to size 16Y), floral crowns, tiaras, pixie dust, and wings. You may bring your own outfit if preferred (limited to one outfit per session), but licensed character costumes (Disney, superhero characters, etc.) are not permitted.
7.2 Photography Restrictions
You are welcome to take photos on our red carpet before or after your session. However, no cell phone photography, video recording, or other recording is permitted inside the camera room during the professional session to ensure our photographers can capture the best possible images.
7.3 Session Time
Please arrive on time for your scheduled session. Session times are scheduled to accommodate our commitment to providing each child approximately 20 minutes of photography time. Late arrivals may result in shortened session time.
8. SMS, Email, and Communications Consent
By providing your phone number and/or email address, you consent to receive communications from Enchanted Fairies, including appointment reminders, promotional messages, and service-related notifications via SMS/text message, email, phone calls, and other electronic communications. Message and data rates may apply. You may opt out of promotional messages at any time by following the unsubscribe instructions provided or by contacting us directly. Opting out of promotional messages will not affect transactional communications related to your orders or appointments.
9. Limitation of Liability
To the maximum extent permitted by law, Enchanted Fairies’ total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you paid to Enchanted Fairies for the specific service giving rise to the claim. In no event shall Enchanted Fairies be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses.
10. Dispute Resolution
Any dispute arising out of or relating to these Terms or our services shall first be addressed through good-faith negotiation. If the dispute cannot be resolved through negotiation, it shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, with arbitration taking place in Dallas, TX. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Collin County, Texas for any actions not subject to arbitration.
12. Changes to These Terms
We reserve the right to modify these Terms at any time. Changes will be effective when posted on our website. Your continued use of our services after any changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Enchanted Fairies concerning your use of our services.
15. Contact Us
If you have any questions about these Terms of Service, please contact us:
Enchanted Fairies Studio LLC
6121 W Park Blvd #C222
Plano, TX 75093
Email: adventures@enchanted-fairies.com
Phone: (214) 438-0074
By booking a session or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
