1. Scope and Purpose
This Refund & Cancellation Policy governs cancellations, rescheduling, no-shows, deposits, and refunds for Bookings made through the Ch4pter Platform. It forms part of Ch4pter’s legal framework and should be read together with the Terms of Service and the applicable Marketplace Agreement. Where this Policy and another agreement address the same subject, the Terms of Service and applicable Marketplace Agreement govern to the extent of any conflict.
2. Deposits
A Booking may require a Deposit to reserve the date. The Photographer selects a standard Deposit percentage for eligible Bookings:
- ten percent (10%);
- twenty-five percent (25%); or
- fifty percent (50%).
Alternatively, the Photographer may set the Deposit for a Package as a fixed amount stated in dollars rather than as a percentage. A fixed amount and a percentage may not both apply to the same Package.
The Photographer may set a different Deposit for each Package offered. The Deposit applicable to a Booking is the Deposit attached to the Package booked.
Where the Photographer has not affirmatively selected an option, Ch4pter may apply fifty percent (50%) as the default. The applicable Deposit percentage or fixed amount, and the resulting Deposit amount, are disclosed to the Client before payment and recorded as part of the Booking. Whether a Deposit is refundable is determined by the cancellation policy applicable to that Booking, together with the mandatory overrides in Section 6.
3. Standardized Cancellation Policies
For eligible Bookings, the Photographer selects one of the standardized cancellation policies below, and may select a different policy for each Package offered. The policy applicable to a Booking is the policy attached to the Package booked. If the Photographer does not affirmatively select a policy, the Moderate policy applies by default. The applicable policy is displayed to the Client before the Client confirms and pays for the Booking, and the policy in effect at Booking confirmation governs that Booking. A cancellation policy may not be changed retroactively to become less favorable to the Client after the Booking is confirmed.
3.1 Flexible
- Cancellation at least seven (7) calendar days before the scheduled session is eligible for a full refund of amounts paid;
- cancellation less than seven (7) calendar days before the scheduled session may result in forfeiture of the Deposit;
- one rescheduling request may be permitted with at least forty-eight (48) hours’ notice, subject to Photographer availability; and
- a Client no-show may result in forfeiture of the Deposit.
3.2 Moderate (default)
- Cancellation at least fourteen (14) calendar days before the scheduled session is eligible for a full refund of amounts paid;
- cancellation seven (7) through thirteen (13) calendar days before the scheduled session is eligible for a refund of fifty percent (50%) of the Deposit;
- cancellation less than seven (7) calendar days before the scheduled session may result in forfeiture of the Deposit;
- one rescheduling request may be permitted with at least seven (7) calendar days’ notice, subject to Photographer availability; and
- a Client no-show may result in forfeiture of the Deposit.
3.3 Firm
- Cancellation at least thirty (30) calendar days before the scheduled session is eligible for a refund of the Deposit;
- cancellation fourteen (14) through twenty-nine (29) calendar days before the scheduled session is eligible for a refund of fifty percent (50%) of the Deposit;
- cancellation less than fourteen (14) calendar days before the scheduled session may result in forfeiture of the Deposit;
- rescheduling is subject to Photographer availability and applicable disclosed restrictions; and
- a Client no-show may result in forfeiture of the Deposit.
3.4 Retainer
- The Deposit is designated a non-refundable Retainer and is not returned upon Client cancellation at any notice period;
- the Retainer is consideration for the Photographer reserving the scheduled date, declining other engagements for that date, and committing preparation time, and represents a reasonable estimate of the loss the Photographer incurs where a reserved date cannot be resold;
- the Photographer must disclose this policy, and the Retainer amount, to the Client before payment;
- rescheduling is subject to Photographer availability, Section 4, and applicable disclosed restrictions;
- a Client no-show may result in forfeiture of the Retainer; and
- the mandatory overrides in Section 6 apply to this policy without exception, including a full refund upon Photographer cancellation, Photographer no-show, or material nonperformance.
Except as expressly provided in an agreed Payment Plan, amounts paid toward the Booking Amount beyond the Retainer remain refundable in accordance with the applicable cancellation and refund terms. Amounts paid under a Payment Plan may be refundable or non-refundable upon cancellation by the Client as expressly disclosed in the Payment Plan and agreed to by the Client.
3.5 Payment Plans
- Where a Payment Plan is agreed for a Booking, the payment schedule, including the amount and due date of each scheduled payment, and whether payments already made will be refunded to the Client or retained by the Photographer if the Client cancels, are disclosed to the Client before the Client agrees to the Payment Plan;
- if the Client cancels, all installments scheduled to be charged after the cancellation becomes effective are automatically canceled, are no longer due under the Payment Plan, and will not be collected, and amounts paid before cancellation are refunded to the Client or retained by the Photographer according to the cancellation treatment expressly disclosed in the Payment Plan and agreed to by the Client;
- the Retainer remains subject to the cancellation policy otherwise applicable to the Booking;
- if the Photographer cancels, the mandatory refund overrides in Section 6 apply regardless of the Payment Plan;
- where the agreed cancellation treatment cannot be reliably determined, payments made under the Payment Plan beyond any otherwise non-refundable Retainer are treated as refundable; and
- nothing in a Payment Plan limits or waives any right or remedy that cannot lawfully be limited or waived under applicable law, and the refund or retention of amounts paid under a Payment Plan remains subject to applicable law.
Payment Plans are governed by Section 8.6B of the Terms of Service.
4. Rescheduling
Rescheduling is subject to Photographer availability and the notice requirements of the applicable cancellation policy above. Where a Booking is rescheduled by mutual agreement, amounts already paid (including the Deposit) may be applied to the rescheduled Booking rather than refunded. A request to change the Booking date or time is a request for modification and does not bind the other participant unless accepted.
5. No-Shows
A Client who fails to appear for a scheduled Booking without timely cancellation may be treated as a no-show under the applicable cancellation policy, which may result in forfeiture of the Deposit. Where the Client arrives late, fails to provide agreed access, or is unprepared, the Photographer is not required to extend the session beyond the confirmed end time unless mutually agreed, and the financial consequences are governed by the confirmed Booking terms and this Policy.
6. Mandatory Refund Overrides
Regardless of the cancellation policy selected for a Booking, the following apply:
- a Photographer’s rejection or decline of a Booking Request results in a full refund of amounts paid for that Booking;
- a Photographer cancellation generally results in a full refund;
- a Photographer no-show results in a full refund and may result in enforcement action;
- duplicate or erroneous payments will be corrected;
- amounts may be transferred to a mutually agreed rescheduled Booking;
- severe weather, venue closure, emergencies, or other circumstances beyond reasonable control may be handled through rescheduling, refund, credit, or another reasonable resolution;
- material Photographer nonperformance may result in a partial or full refund;
- subjective dissatisfaction with artistic style alone generally does not create a refund right where the Photographer materially performed the agreed Services consistently with the represented portfolio, style, and Booking terms;
- failure to pay a remaining balance may prevent release of full-resolution Deliverables; and
- failure by a Photographer to provide materially promised Deliverables after full payment may result in a refund and enforcement action.
7. Platform Authority
Ch4pter may override or administer a cancellation policy where reasonably necessary to address fraud, serious misconduct, safety concerns, payment errors, material nonperformance, applicable law, or other extraordinary circumstances.
8. How Payments and Refunds Are Handled
8.1 No Charge Before Acceptance
When a Client submits a Booking Request, the Client’s payment method is saved with Ch4pter’s authorized payment processor but is not charged. No amount is collected unless and until the Photographer accepts the Booking Request or takes another affirmative action disclosed at the time of Booking. Where the Photographer declines, or does not respond within the disclosed response window, the Booking Request expires and the Client’s payment method is not charged. Because no funds were collected in these circumstances, no refund is required.
8.2 How Funds Are Handled
Payments for a Booking are processed directly to the Photographer’s connected account maintained with Ch4pter’s authorized payment processor. The Photographer, and not Ch4pter, is the merchant of record for the Services. Ch4pter’s Marketplace Commission is collected by the payment processor as a platform fee at the time of the transaction. Ch4pter does not take custody of, hold, or maintain a balance of Client funds for a Booking, and does not act as a bank, escrow agent, trustee, or money transmitter.
8.3 How Refunds Are Issued
Approved refunds are returned to the original payment method used for the Booking, unless applicable law or the circumstances require another method. A refund is initiated against the original transaction through the authorized payment processor and is returned from the Photographer’s connected account. Ch4pter may facilitate, administer, and where authorized initiate a refund on the Photographer’s behalf, and may recover, reverse, or offset amounts as provided in the applicable Marketplace Agreement. Processing times depend on the payment provider and the issuing bank.
A refund returns the refunded amount to the Client in full. Payment-processing costs incurred on the original transaction are not returned by the payment processor and are borne as provided in the applicable Marketplace Agreement; they are not deducted from the amount refunded to the Client.
9. Contact
Questions about this Policy, or a request concerning a specific Booking, may be directed to Ch4pter at legal.ch4pterapp@gmail.com, or by mail to Ch4pter, LLC, 130 Townsend St, Midland, MI 48640.
