These terms and conditions are the contract between you and Nick Burrett Photography (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
I / We are Nick Burrett Photography.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms
“Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
“Nick Burrett Photography Membership” means any service we provide, whether through Our Website or otherwise. It includes the membership service we provide as set out on Our Website and in this contract.
“Post” means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
“Services” means all of the services available from Our Website, whether free or charged.
“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.
2. OUR CONTRACT
2.1. These terms and conditions regulate the business relationship between you and us. By buying Nick Burrett Photography Membership or using Our Website free of charge, you agree to be bound by them.
2.2. We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve.
2.3. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
2.4. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.
2.5. Our contract with you and licence to you last for one year from the date of start. Any continuation by us or by you after the expiry of one year is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
2.6. The contract between us comes into existence only when we write to you to confirm that we agree to provide to you the Service you want. Your payment does not create a contract. If we decline to provide a Service we shall immediately return your money to your credit card.
2.7. If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
2.8. We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
3. YOUR ACCOUNT AND PERSONAL INFORMATION
3.1. When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
3.3. You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
4. Nick Burrett Photography MEMBERSHIP
4.1. Our basic Service is free of charge. You may use it subject to your compliance with the terms of this agreement.
4.2. Details of the cost and benefits of Nick Burrett Photography Membership are as set out on Our Website. You may subscribe to Nick Burrett Photography Membership Services at any time.
4.3. If you subscribe to Nick Burrett Photography Membership as a Consumer, the law provides that you can opt out of your right to the 14 day cancellation period. Of course, we will not accept your subscription request unless you agree to lose your cancellation right.
4.4. You do this by instructing us to allow subscription immediately, or as soon as we can. If you do that, we will give you Nick Burrett Photography Membership immediately and you lose your right to cancel your order.
4.5. By accepting these terms, you now agree that you are instructing us to give you Nick Burrett Photography Membership immediately and you understand that, in doing so, you lose your right to cancel your order within 14 days.
4.6. If you give up your right to cancel, that will apply to any renewal of your Nick Burrett Photography Membership at any time from now.
4.7. Apart from your cancellation right, termination of Nick Burrett Photography Membership will be regulated by this contract set out in paragraph 14 below.
4.8. You may not transfer your Nick Burrett Photography Membership to any other person.
4.9. We reserve the right to modify the Nick Burrett Photography Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Nick Burrett Photography Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a member.
5.1. The price payable for Services that you order is clearly set out on Our Website.
5.2. The price charged for any Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
5.3. Prices are inclusive of any applicable value added tax or other sales tax.
5.4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.5. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
5.6. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
5.7. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
6. RENEWAL PAYMENTS
6.1. At least [four] weeks before expiry of the period, for which you have paid, we shall send you a message to your last known email address to tell you that your Nick Burrett Photography Membership and licence to use the Services is shortly to expire and to invite you to renew. An invoice for the new period will be included.
6.2. At any time before expiry of your Nick Burrett Photography Membership, you may use the “My Account” tab on Our Website to access your personal information and change your requirements for Services or cancel renewal.
6.3. At expiry of your Nick Burrett Photography Membership we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your Nick Burrett Photography Membership for a further period by sending you an email message.
6.4. Subject to last previous sub-paragraph, you may cancel Nick Burrett Photography Membership within 14 days after the day we confirm the renewal of your Nick Burrett Photography Membership. If you do so we will refund your Membership cost within 14 days of receipt of this request.
6.5. Other than the limitation set out above Nick Burrett Photography Membership is non-refundable and non-transferable.
7. SECURITY OF YOUR CREDIT CARD
We take care to make Our Website safe for you to use.
7.1. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7.2. If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
8. RESTRICTIONS ON WHAT YOU MAY POST TO OUR WEBSITE
8.1. We may, at our discretion, read, assess, review or moderate any Content Posted on Our Website. If we do, we need not to notify you or give you a reason.
8.2. You agree that you will not use or allow anyone else to use Our Website to Post a Content which is or may:
8.2.1. be malicious or defamatory;
8.2.2. consist in commercial audio, video or music files;
8.2.3. be obscene, offensive, threatening or violent;
8.2.4. be sexually explicit or pornographic;
8.2.5. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
8.2.6. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
8.2.7. solicit passwords or personal information from anyone;
8.2.8. be used to sell any goods or services or for any other commercial use;
8.2.9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
8.2.10. link to any of the material specified above, in this paragraph.
8.2.11. Post excessive or repeated off-topic messages to any forum or group;
8.2.12. sending age-inappropriate communications or Content to anyone under the age of 18.
9. YOUR POSTING: RESTRICTED CONTENT
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
9.1. hyperlinks, other than those specifically authorised by us;
9.2. keywords or words repeated, which are irrelevant to the Content Posted.
9.3. the name, logo or trademark of any organisation other than that of you or your client.
9.4. inaccurate, false, or misleading information.
10. HOW WE HANDLE YOUR CONTENT
10.2. If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control over who sees it or what anyone does with it.
10.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
10.4. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
10.5. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
10.6. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
10.7. Please notify us of any security breach or unauthorised use of your account.
11. REMOVAL OF OFFENSIVE CONTENT
11.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
11.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
11.3. If you are offended by any Content, the following procedure applies:
11.3.1. your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email;
11.3.2. we shall remove the offending Content as soon as we are reasonably able;
11.3.3. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
11.3.4. we may re-instate the Content about which you have complained or not.
11.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
11.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
12. SECURITY OF OUR WEBSITE
12.1. If you violate Our Website, we shall take legal action against you.
12.2. You now agree that you will not, and will not allow any other person to:
12.2.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
12.2.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
12.2.3. download any part of Our Website, without our express written consent;
12.2.4. collect or use any product listings, descriptions, or prices;
12.2.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
12.2.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
12.2.7. share with a third party any login credentials to Our Website.
12.3. Despite the above terms, we now grant a licence to you to:
12.3.1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
12.3.2. you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
13. DISCLAIMERS AND LIMITATION OF LIABILITY
13.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
13.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
13.3. We make no representation or warranty that the Services will be:
13.3.1. useful to you;
13.3.2. of satisfactory quality;
13.3.3. fit for a particular purpose;
13.3.4. available or accessible, without interruption, or without error;
13.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
13.5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
13.6. We shall not be liable to you for any loss or expense which is:
13.6.1. indirect or consequential loss; or
13.6.2. economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
13.7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
13.8. If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.
14. DURATION AND TERMINATION
14.1. This agreement shall operate for the period for which you have subscribed to Nick Burrett Photography Membership Service.
14.2. You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on the Our Website and submitting it. We reserve the right to check the validity of any request to terminate membership.
14.3. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
14.4. Termination by either party shall have the following effects:
14.4.1. your right to use the Services immediately ceases;
14.4.2. we are under no obligation to forward any unread or unsent messages to you or any third party.
14.5. In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed.
14.6. There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.
14.7. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
15. STORAGE OF DATA
15.1. We assume no responsibility for the deletion or failure to store or deliver email or other messages.
15.2. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
15.3. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
16. INTERRUPTION TO SERVICES
16.1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the down time is such as to justify telling you.
16.2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
16.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
17.1. any act, neglect or default of yours in connection with this agreement or your use of the Services;
17.2. your breach of this agreement;
17.3. your failure to comply with any law;
17.4. a contractual claim arising from your use of the Services.
18. DISPUTE RESOLUTION
The following terms apply in the event of a dispute between the parties:
18.1. If you are not happy with our services or have any complaint then you must tell us by email message to using the contact form on our website.
18.2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
19. MISCELLANEOUS MATTERS
19.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
19.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
19.3. If you are in breach of any term of this agreement, we may:
19.3.1. terminate your account and refuse access to Our Website;
19.3.2. remove or edit Content, or cancel any order at our discretion;
19.3.3. issue a claim in any court.
19.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
19.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
19.6. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery.
It shall be deemed to have been delivered:
- if delivered by hand: on the day of delivery;
- if sent by post to the correct address: within 72 hours of posting;
19.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
19.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
19.9. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
The below are our standard terms and conditions which govern all photography services that we provide.
(a) For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency” and “the Client” shall be interpreted as references to the Photographer’s Client.
(b) For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Nick Burrett. And shall where the context so admits include their respective assignees, sub-licensees and successor in title.
(c) Nick Burrett Photography including the website at www.nickburrett.com administers the licensing of the works of the Photographer.
(d) “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
(e) All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
(f) Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
(g) Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.
(h) Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.
(i) When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
(a) The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and
(b) Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
3. OWNERSHIP OF MATERIALS.
(a) Title to all Photographs remains the property of the Photographer.
(b) When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed.
(c) Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
(a) The License to Use comes into effect from the date of payment of the relevant invoice(s).
(b) No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.
(c) Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.
(d) Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed. Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the licence to use further charges will be made.
(e) Any reproduction rights granted are by way of licence only and no partial or other assignment of copyright shall be implied.
(f) On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any licence granted shall immediately cease.
(a) Unless agreed to in writing on the License to Use and the Invoice no exclusivity is given or implied to The Agency and/or The Client.
(b) The Photographer retains the right in all cases to use or sell the Photographs.
(c) Exclusivity will not be unreasonably withheld but only on written agreement with the Photographer before work commences.
6. CLIENT CONFIDENTIALITY.
(a) The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
(a) It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained.
(b) It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture.
(c) The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.
(d) In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
(e) The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
(a) Payment by the Client will be strictly within 30 days of the issue of the relevant invoice for the commissioned work.
(b) Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 plus VAT each and all other costs for the recovery of debts including bank charges.
(c) A further charge of 5% over the Lloyds TSB Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced.
(d) Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
(e) Where a deposit is paid to book services in advance, the deposit is non-refundable. If you wish to re-arrange a scheduled photoshoot to another date after a deposit has been paid and the shoot date already confirmed, we will try our best to accommodate this request. If it is not possible to re-arrange the photoshoot for another date, a credit voucher will be issued for the amount of the deposit already paid to be redeemed against a future purchase.
(a) Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise .The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
(a) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT.
(a) A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee of cancellation or postponement.
12. RIGHT TO A CREDIT.
(a) The Licence to Use requires that the Photographer’s name ‘Nick Burrett’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
13. SUPPLY TO THIRD PARTIES.
(a) The licence only applies to the Client and product stated on the Licence to Use.
14. ELECTRONIC STORAGE.
(a) Save for the purposes of production for the licensed use(s), the Photographs may not be stored or archived in any form without the written permission of the Photographer.
(b) Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.
(c) Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
15. APPLICABLE LAW.
(a) This agreement shall be governed by the Laws of England & Wales.
(a) These Terms and Conditions shall not be varied except by agreement in writing.
The below terms and conditions govern all workshops & classes that we provide in addition to the above terms & conditions.
LIMITATION OF LIABILITY
Nick Burrett Photography does not accept liability for any loss or additional expense caused by cancellation of the workshop, or delay or interruption to travel services. Such losses or additional expenses are the responsibility of the passenger/workshop participant.
Nick Burrett Photography and our instructors are not liable for injury, accident or theft resulting from participation in our workshop program. It is the participant’s responsibility to obtain information about any risks involved. Participant signature on the Liability Waiver at the time of registration verifies release of liability of the Nick Burrett Photography, staff, guest instructors, volunteer trip leaders, and any contractors. Any questions about workshop content, requirements or risks may be directed to our office, prior to the time of registration.
For purposes of the terms & conditions described in this document, Force Majeure shall mean a cause or event such as; war or the threat of war, riots, terrorist activity, civil strife, governmental acts, industrial disputes, labour strikes, injunctions, natural disasters, nuclear disaster, fire, or unfavourable or adverse weather conditions that is not reasonably foreseeable or otherwise caused by or under the control of Nick Burrett Photography. Any delay or failure in the performance by Nick Burrett Photography shall be excused if and to the extent caused by the occurrence of a Force Majeure.
Nick Burrett Photography reserves the right to alter or cancel any workshop, for any reason. In the unlikely event that we need to cancel a workshop we will refund all monies paid, in full, or you have the option of receiving a credit in the amount of the workshop fee that may be applied in full to pay for a future workshop to be used within 24 months of the original workshop you are registered to participate in. Nick Burrett Photography cannot be responsible for any travel expenses or non-refundable purchases, deposits, or reservations. It is recommended that you purchase trip insurance.
Notification of cancellation will be made via either a telephone call or an e-mail to you. We cannot be responsible for voicemail messages and e-mails not being received in a timely matter due to your service provider(s).
WITHDRAWAL & REFUND POLICY
All workshop withdrawal requests by the workshop participant must be in writing and received either by UK mail, or e-mail, and acknowledged by Nick Burrett Photography. There are NO EXCEPTIONS TO THIS POLICY, even for medical emergencies. Based on cancellation date, the following apply:
• Greater than 91 days before the workshop start date: refund of workshop fee, less the workshop deposit.
• Within 90 days of the start of the workshop: no refund.
No matter when you cancel, if we are able to fill your space, we will provide a 100% refund of any payments made.
Payments made for private workshops that you arrange with us are not refundable.
Refunds will be paid by the same method that the original payment was made.
We highly recommend you purchase travel insurance for your workshop and travel expenses. Many travel insurance providers offer products that do more than protect the money you invest in your trip — they protect you in unforeseen circumstances. We suggest a plan which offers coverage for medical and dental emergencies, lost baggage, missed connections, and trip cancellation should you have a medical problem that prevents you from attending. Nick Burrett Photography is not responsible for cancellations due to medical emergencies or for reimbursement of non-refundable airline tickets in the event of a workshop cancellation.
PRICING & PAYMENT
Workshop registrations are accepted on a first come, first served basis. All workshop pricing is in GB Pound Sterling. All fees may be paid with a credit card (via PayPal) or BACS transfer. All fees stated are for workshop tuition only and do not include airfares, transportation, meals, film and processing, or guide or instructor gratuities unless otherwise noted.
A non-refundable deposit, the amount will be specified in the workshop information, is required at the time of your registration. Reservations for workshops cannot be held without a deposit. The balance of the workshop fee is due no later than 90 days prior to the workshop start date unless otherwise stated on the workshop description. Should this final payment fail to process or be received by the date specified, we reserve the right to treat the reservation as cancelled and retain the deposit. If a reservation is made 90 days or less prior to the workshop start date or as otherwise indicated on the workshop description, then the full amount is payable at the time of reservation.
Air transportation and related fees (except as indicated in the itinerary); activities noted as optional in the itinerary; gratuities, unless otherwise noted on the itinerary page; passport and visa expenses; baggage/accident/cancellation insurance; personal expenses, such as laundry, telephone calls, meals (except as indicated on the itinerary) alcoholic beverages; and any other items not specifically noted as included. Transportation and National Park entrance fees are not included in your workshop unless otherwise specified or agreed upon in writing. We will caravan and/or carpool to our destinations as much as possible.
The private workshop fee does not cover the cost of lodging. Please make your reservations as early as possible to ensure you have acceptable accommodations during your visit.
Unless otherwise noted, group workshops include basic double occupancy lodging (a shared room) included in the workshop fee when noted in the workshop description page on the website. Upgrades to a single-occupancy room are available on a first-come, first-served basis for an additional charge, and upgrades to single-occupancy cannot be guaranteed. If we are unable to find you a roommate, you will be charged the single supplement fee on your credit card when final payment is due. Cost increases for lodging may occur unexpectedly due to rising costs of accommodations among others.
Workshop participants must provide their own photography gear and laptop computer. A vehicle is highly recommended for all the workshops, except where noted that ground transport is included in the price.
The type of workshops we offer requires flexibility and must allow for alternatives. For this reason, the workshop description must be taken as an indication of what may take place, and not as a contractual obligation.
In the event of the specified instructor being unable to attend due to illness or other circumstances beyond our control, another instructor will be provided if possible. If we need to replace an instructor, we will do so with someone of equal or similar credentials and will inform you if at all possible.
PARTICIPANT HEALTH & PHYSICAL FITNESS
Nick Burrett Photography photographic workshops are within the abilities of average people in good health. We ask that you please contact us if you have any questions or concerns about the activity levels of the workshops. Some workshops require the ability to walk or hike a few miles over uneven trails, while also carrying your photo gear, and most of the workshops are at a high elevation. By reserving a space in a workshop with a deposit, you certify that you do not knowingly have any physical or other conditions of disability that would create a risk for you or other workshop participants or workshop staff. Once your workshop payment has been made, medical circumstances will not be considered as exceptions to our cancellation policy. We assume no responsibility for medical care or for special dietary requirements.
USE OF NAME AND LIKENESS
We reserve the right to take photographs or videos during the operation of any workshop or part thereof and to use the resulting photography in whole or in part for promotional purposes, including, but not limited to: advertising and publicity both in print and electronic media. By booking a reservation with Nick Burrett Photography, participants agree to allow their images to be used in such photography; participants who prefer that their image not be used are asked to identify themselves to their tour leader at the commencement of their trip. We also reserve the right to use, in all or in part, any written reviews you may provide to us in our advertising and publicity both in print and electronic media.
LICENCE TO USE
If you attend a workshop that involves the photography of models, you acknowledge that any photographs taken by you of the models are to be used for your personal and portfolio use only and not for any other commercial use, including but not limited to; the selling of the images, commercial endorsements, advertising of products or services.
The possession and use of alcohol and illegal drugs, and the use of smoking and e-cigarette and other vapour products are prohibited in any of the classrooms, meal areas or rooms used by Nick Burrett Photography or at any field workshop location.
Within 72 hours of us receiving your Workshop Deposit, you will receive an email with a link to an electronic Liability Waiver form with attached Photography Workshop Terms & Conditions. Nick Burrett Photography requires all workshop participants to complete and sign the Liability Waiver form and return to us signed via email 90 days before your workshop begins. If you enroll less than 90 days before a workshop begins, a timeline will be agreed upon for the forms to be completed and returned.
ACCEPTANCE OF TERMS & CONDITIONS
By paying the workshop deposit you are agreeing to accept all the above terms & conditions.
REVISED: 15th February 2018