Elina Jeanne Photography

This customer signed a contract to complete one year of milestone photo sessions We needed to reschedule the month session due to weather She was not able to do any of the times and dates I suggested My schedule books out months in advance and rescheduling is always very tricky She asked to terminate the contract which clearly states it is binding and non refundable

I am rejecting this response because: the owner of this business agreed to refund $of my money in an email that she sent, our month picture session was never rescheduled due to illness in her family, and because her contract never stated that the money paid for the package is non-refundable (except for the deposit)I have attached three groups of emails between myself and the owner of this business
The first set, labeled "*** *** Emails Group 1" contains the entire conversation regarding the session we had on May 4thWe did indeed meet on May 4th at *** and the month pictures were unable to be taken due to weatherI contacted her again to try and rescheduleShe never made an effort like she said she would to try to rescheduleInstead, I had to contact herMy son turned months on May 30th and since these were supposed to be month pictures, she was cutting it close time wiseYou will see that a lot of dates were thrown back and forth between usI reluctantly agreed to June 3rd even though that was technically past his month mark, but then it was cancelled by her due to illnessWe left off trying to reschedule the session for June 10th
In the next set, labeled "*** *** Emails Group 2," I shared my concerns with her that we were getting farther and farther out from his month age and that I would like a refund and to discontinue my contractShe agreed to refund $of my money and give me the pictures of my older son (which I did receive)So her claim that all money is non-refundable is not true because she offered to refund part of my money by June 15th which I agreed to.
In the next set of emails, labeled "*** *** Emails Group 3," I ask her where the money that I was supposed to get and the pictures of my year old wereShe makes excuse after excuseAt one point she tells me, it is "in the mail" which it obviously wasn'tShe even says that when she gets back from vacation that she will hand deliver it which also never happenedShe finally says that I will have my money and pictures by July 4th because that is the soonest she will have the moneyI received the pictures of my year old but she never kept her end of the agreement by giving me my $back.
I have also attached the contract that supposedly states that the money is non-refundableIt does not state that any where in the contract and furthermore it states that I was supposed to receive 30-digital images of my year old but I only received (since she is charging me supposedly for a full session)Also it states the following, "LIMIT OF LIABILITY: In the
unlikely event that the photographer is injured or becomes too ill, or has an
extreme emergency that prevents him from photographing the event, EJP will make
every effort to reschedule the eventIf for whatever reason this is not
possible, responsibility and liability is limited to the return of all payments
received for the package purchased." She cancelled the last month session due to illness in her family and by the time she needed to reschedule it was too late to take month photosHe was already months old.
I would like a refund of $

This customer signed a contract to complete one year of milestone photo sessions.  We needed to reschedule the 3 month session due to weather.  She was not able to do any of the times and dates I suggested.  My schedule books out months in advance and rescheduling is always very...

tricky.  She asked to terminate the contract which clearly states it is binding and non refundable.