BEN NICHOLS PHOTOGRAPHY PROVIDE ACCESS TO THE BEN NICHOLS WEBSITE, WWW.BENNICHOLSPHOTOGRAPHY.COM AND SELL SELECTED PRODUCTS TO YOU SUBJECT TO THE CONDITIONS SET OUT BELOW.

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE BEN NICHOLS PHOTOGRAPHY WEBSITE. BY USING THE WWW.BENNICHOLSPHOTOGRAPHY.COM WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE CONDITIONS. BEN NICHOLS PHOTOGRAPHY RESERVES THE RIGHT TO REFUSE ACCESS TO THE ON-LINE PURCHASING FACILITIES OFFERED ON THE BEN NICHOLS PHOTOGRAPHY WEBSITE, EDIT OR REMOVE PRODUCTS, OR CANCEL ORDERS AT OUR DISCRETION. ANY CANCELLED ORDERS WILL NOT INCUR ANY COST TO YOU. YOU UNDERSTAND THAT YOU, AND NOT BEN NICHOLS PHOTOGRAPHY, ARE RESPONSIBLE FOR ALL ELECTRONIC COMMUNICATIONS AND INFORMATION SENT FROM YOUR COMPUTER TO US AND YOU MUST USE THE WEBSITE FOR LAWFUL PURPOSES ONLY. YOU MUST NOT USE THE WEBSITE IN ANY WAY THAT MAY BE DEEMED FRAUDULENT OR BE UNLAWFUL IN ANY OTHER WAY.

PRIVACY

PLEASE READ OUR PRIVACY POLICY TO UNDERSTAND OUR POLICY.

OUR CONTRACT WITH YOU

WHEN YOU PLACE AN ORDER TO MAKE A PURCHASE FROM US, WE WILL SEND YOU AN E-MAIL ACKNOWLEDGING CONFIRMATION OF YOUR ORDER. ANY PRODUCTS ON THE SAME ORDER THAT HAVE NOT BEEN CONFIRMED IN AN “ORDER CONFIRMATION” E-MAIL DO NOT FORM PART OF THAT CONTRACT.

PRICING AND AVAILABILITY

WE AIM TO DISPATCH WITHIN 48 HOURS OF CONFIRMING YOUR ORDER. ORDERS  ARE FULFILLED BY EITHER MYSELF OR LOXLEY COLOUR AND CAN TAKE UP TO 14 DAYS FOR DELIVERY FROM THE DATE YOUR ORDER WAS CONFIRMED. YOU WILL BE KEPT ADVISED OF THE PROCESS OF YOUR ORDER BUT YOU MAY CONTACT US AT ANY TIME FOR A STATUS UPDATE BY CALLING US ON 07854251205 OR BY CONTACTING US.

RETURNS

PLEASE READ OUR RETURNS POLICY, WHICH APPLIES TO PRODUCTS PURCHASED FROM US USING THE WEBSITE. CUSTOMERS IN THE EUROPEAN UNION ARE ENTITLED TO A STATUTORY COOLING-OFF PERIOD OF SEVEN BUSINESS DAYS. DETAILS OF THIS STATUTORY RIGHT AND AN EXPLANATION OF HOW TO EXERCISE IT ARE AVAILABLE IN THE RETURNS POLICY

ERRORS AND OMISSION EXCEPTED (E & OE)

DESPITE OUR EFFORTS, IT IS POSSIBLE THAT OCCASIONALLY PRODUCTS ON OUR WEBSITE MAY BE MIS-PRICED. ALL PRICES ARE VERIFIED WHEN WE CONFIRM YOUR ORDER. IF A PRODUCT’S CORRECT PRICE IS LOWER THAN THE STATED PRICE, WE WILL CHARGE YOU THE LOWER AMOUNT. IF A PRODUCT’S CORRECT PRICE IS HIGHER THAN OUR STATED PRICE, WE WILL AT OUR DISCRETION, CONFIRM YOUR ORDER AT THE LOWER PRICE, CONTACT YOU FOR INSTRUCTIONS BEFORE CONFIRMING YOUR ORDER OR CANCEL YOUR ORDER AND NOTIFY YOU OF THE CANCELLATION.

CHILDREN

BEN NICHOLS PHOTOGRAPHY DO NOT SELL PRODUCTS FOR PURCHASE BY CHILDREN. WE DO SELL PRODUCTS THAT MAY BE PURCHASED FOR CHILDREN BY ADULTS. IF YOU ARE UNDER 18, YOU MAY PURCHASE FROM THIS WEBSITE ONLY WITH THE INVOLVEMENT OF A PARENT OR GUARDIAN.

EVENTS BEYOND OUR REASONABLE CONTROL

BEN NICHOLS PHOTOGRAPHY WILL NOT BE HELD RESPONSIBLE FOR ANY DELAY OR FAILURE TO COMPLY WITH OUR OBLIGATIONS UNDER THESE CONDITIONS IF THE DELAY OR FAILURE ARISES FROM ANY CAUSE, WHICH IS BEYOND OUR REASONABLE CONTROL. THIS CONDITION DOES NOT AFFECT YOUR STATUTORY RIGHTS.

ALTERATIONS AND AMENDMENTS

WE RESERVE THE RIGHT TO MAKE CHANGES TO OUR WEBSITE, POLICIES AND THESE CONDITIONS OF USE AND SALE AT ANY TIME. IF ANY OF THESE CONDITIONS IS DEEMED FOR ANY REASON UNENFORCEABLE, THAT CONDITION WILL BE DEEMED SEVERABLE AND WILL NOT AFFECT THE VALIDITY OF ANY REMAINING CONDITIONS.

LAW

ALL CONTRACTS BETWEEN YOU (THE BUYER) AND BEN NICHOLS PHOTOGRAPHY (THE SELLER) SHALL BE GOVERNED BY THE LAWS OF ENGLAND. YOU AGREE, AS WE DO, TO SUBMIT TO THE JURISDICTION OF THE COURTS OF ENGLISH.

OUR DETAILS

BENNICHOLSPHOTOGRAPHY.COM IS A TRADING NAME OF BEN NICHOLS PHOTOGRAPHY.
REGISTERED ADDRESS: FELINDRE, MILL LANE, CAMPSEA ASHE, SUFFOLK, UK, IP13 0PL.
TEL: 07854251205
EMAIL: BENNYNICHOLS@BENNICHOLSPHOTOGRAPHY.COM

 

TERMS AND CONDITIONS OF WORKSHOPS

OUR COMMITMENT TO YOU: YOUR CONTRACT IS WITH BEN NICHOLS PHOTOGRAPHY (HEREINAFTER ALSO REFERRED TO AS “BNP” OR “WE” OR “US”), OF FELINDRE, MILL LANE, CAMPSEA ASHE, SUFFOLK, UK, IP13 0PL,  ALL WORKSHOPS YOU BOOK WITH US ARE ORGANISED AND SOLD SUBJECT TO THE FOLLOWING CONDITIONS:

BOOKING AND PAYMENT

1. TO CONFIRM YOUR BOOKING YOU ARE REQUIRED TO PAY A NON-REFUNDABLE DEPOSIT OF 25% OF THE TRIP PRICE. YOUR BALANCE MUST BE PAID BY THE DUE DATE SHOWN ON YOUR INVOICE OR IN CORRESPONDENCE AND FAILURE TO DO SO MAY RESULT IN THE COST BEING INCREASED OR ULTIMATELY CANCELLATION. ONCE WE RECEIVE YOUR DEPOSIT AND HAVING ACCEPTED YOUR BOOKING FORM, THE CONTRACT BETWEEN US WILL BECOME BINDING AND WE WILL SEND YOU AN INVOICE FOR THE BALANCE AND ADVISE YOU OF THE DATE FOR PAYMENT OF THE SAME. WEBSITE PRICES ARE QUOTED IN UK STERLING. PAYMENT WILL BE ACCEPTED BY: VISA DEBIT AND VISA/MASTERCARD/AMERICAN EXPRESS CREDIT CARDS, APPLE PAY, AND PAYPAL (A SURCHARGE OF 2% WILL BE LEVIED FOR PAYMENTS BY CREDIT CARD AND NON-UK DEBIT CARDS).
BANK TRANSFER (DETAILS AVAILABLE FROM OUR OFFICE).

CANCELLATION OF BOOKING

2. ANY CANCELLATION MUST BE NOTIFIED IN WRITING BY THE PERSON WHO MADE THE BOOKING. IF YOU CANCEL YOUR WORKSHOP:

  • A. MORE THAN 56 DAYS PRIOR TO THE START OF YOUR HOLIDAY, YOU WILL ONLY BE CHARGED YOUR DEPOSIT.
  • B. BETWEEN 56 AND 30 DAYS, YOU WILL BE CHARGED 50% OF THE WORKSHOP.
  • C. LESS THAN 30 DAYS BEFORE THE START OF YOUR WORKSHOP OR ON OR AFTER THE COMMENCEMENT OF THE WORKSHOP, YOU MUST PAY THE FULL WORKSHOP PRICE.

NOTE: WE APPRECIATE THAT WHOLLY UNFORESEEN EVENTS MAY RESULT IN CANCELLATION. WE THEREFORE STRONGLY ADVISE YOU TO TAKE OUT INSURANCE AGAINST IRRECOVERABLE CANCELLATION COST (SEE POINT 8 BELOW). YOU WILL BE ADVISED OF THE EXACT AMOUNT OF ANY CANCELLATION CHARGE PRIOR TO THE CANCELLATION BEING FINALISED.

CHANGES OR CANCELLATION BY US

3. BEFORE YOU ENTER INTO A CONTRACT WITH US, WE RESERVE THE RIGHT TO CHANGE ANY OF THE FACILITIES, SERVICES OR PRICES DESCRIBED IN OUR BROCHURE OR WEBSITE. WE ALSO RESERVE THE RIGHT TO CANCEL THE WORKSHOP. FOR EXAMPLE, IF THE MINIMUM NUMBER OF CLIENTS REQUIRED FOR A TRIP IS NOT FULFILLED, WE MAY HAVE TO CANCEL YOUR WORKSHOP. IT IS UNLIKELY WE WILL HAVE TO MAKE ANY CHANGES TO YOUR WORKSHOP AND ANY CHANGES ARE USUALLY VERY MINOR. IF A MAJOR CHANGE BECOMES NECESSARY, WE WILL INFORM YOU AS SOON AS REASONABLY POSSIBLE IF THERE IS TIME BEFORE YOUR WORKSHOP BEGINS. A MAJOR CHANGE IS AN ALTERATION TO THE START OR FINISH TIMES OF YOUR WORKSHOP BY MORE THAN 12 HOURS, A CHANGE OF WORKSHOP LOCATION OR A CHANGE TO A LOWER STANDARD OF ACCOMMODATION. WHEN A MAJOR CHANGE OR CANCELLATION OCCURS YOU WILL HAVE THE CHOICE OF EITHER ACCEPTING THE CHANGE OF ARRANGEMENTS, PURCHASING ANOTHER AVAILABLE WORKSHOP FROM US, OR CANCELLING YOUR WORKSHOP. WE WILL REFUND ALL PAYMENTS MADE DIRECTLY TO US IN RESPECT OF THE WORKSHOP COST. WE WILL NOT REFUND ANY PERSONAL EXPENSES YOU MAY HAVE INCURRED AS A RESULT OF YOUR BOOKING SUCH AS FLIGHT PAYMENTS FOR LAND-ONLY TRIPS, TRAVEL INSURANCE, EQUIPMENT PURCHASES, VISAS, VACCINATIONS ETC. WHERE A MAJOR CHANGE OR CANCELLATION ARISES FROM CIRCUMSTANCES AMOUNTING TO FORCE MAJEURE (SEE BELOW), WE WILL ENDEAVOUR TO REFUND ALL SUMS AS YET UNPAID BY US TO OUR SUPPLIERS, HOWEVER, IT IS YOUR RESPONSIBILITY TO CLAIM THE REMAINDER OF ANY IRRECOVERABLE PAYMENTS AND CHARGES FROM YOUR TRAVEL INSURERS.

CHANGES BY THE CLIENT

4. IF A CLIENT, AFTER BOOKING ONTO A TRIP AND PAYING A DEPOSIT AND/OR FULL PAYMENT, WOULD LIKE TO CHANGE ONTO AN ALTERNATIVE TRIP, AN ADDITIONAL ADMINISTRATION FEE OF £50 IS CHARGED. IF THE TRIP ORIGINALLY BOOKED STARTS WITHIN EIGHT WEEKS OF THE REQUEST TO CHANGE TRIPS BEING MADE, ANY SUCH CHANGE MAY BE TREATED AS A CANCELLATION BY THE CLIENT, IN WHICH CASE THE CANCELLATION CONDITIONS IN SECTION 2 WILL APPLY.

INFORMATION PROVIDED

5. ANY INFORMATION PROVIDED BY BEN NICHOLS PHOTOGRAPHY IN SUCH MATTERS AS CLIMATE, CLOTHING, BAGGAGE, TRAVEL, ACCOMMODATION, SPECIAL EQUIPMENT ETC. IS GIVEN IN GOOD FAITH BUT WITHOUT RESPONSIBILITY ON THE PART OF BEN NICHOLS PHOTOGRAPHY.

ADVENTURE TRAVEL AND CLIENT RESPONSIBILITY

6. IT IS A FUNDAMENTAL BOOKING CONDITION THAT YOU ACCEPT THE HAZARDS INVOLVED IN THIS SORT OF TRIP AND YOU ACCEPT THAT IN VISITING REMOTE AND MOUNTAINOUS REGIONS THERE IS AN ELEMENT OF ON-TOUR FLEXIBILITY. THE ITINERARY STATED IN THE TRIP DOSSIER IS INDICATIVE ONLY AND NOT A GUARANTEE THAT A PARTICULAR ROUTE WILL BE FOLLOWED OR PLACE REACHED. YOU MUST ACKNOWLEDGE THAT DELAYS AND ALTERATIONS AND THEIR RESULTS, SUCH AS INCONVENIENCE AND DISCOMFORT, ARE POSSIBLE WHERE UNFORESEEN CIRCUMSTANCES ARISE. YOU MUST HAVE A LEVEL OF FITNESS COMMENSURATE WITH YOUR CHOSEN TRIP AND YOU ARE RESPONSIBLE FOR BRINGING THE APPROPRIATE EQUIPMENT, DETAILS OF WHICH WILL BE SENT TO YOU AT THE TIME OF BOOKING. IF, IN THE OPINION OF THE BEN NICHOLS PHOTOGRAPHY OR STAFF, YOUR FITNESS OR EQUIPMENT MAY COMPROMISE THE SAFETY OF A TRIP WE RESERVE THE RIGHT TO CANCEL OR TERMINATE YOUR HOLIDAY. IN THESE CIRCUMSTANCES YOU WILL NOT BE ENTITLED TO A REFUND OR COMPENSATION.

ACCOMMODATION PROVISION

7. ACCOMMODATION IS USUALLY PRIVATE IN SINGLE, TWIN OR DOUBLE ROOMS UNLESS STATED OTHERWISE. IF SINGLE ROOM ACCOMMODATION IS RESTRICTED, WE WILL TRY TO ACCOMMODATE REQUESTS BUT A SINGLE SUPPLEMENT WILL OFTEN APPLY – PLEASE CHECK AT THE TIME OF BOOKING. WHEN MAKING A BOOKING YOU ACCEPT THAT THIS ADDITIONAL SUPPLEMENT MAY APPLY AND, WHERE APPROPRIATE, YOU WILL BE ADVISED AND INVOICED FOR THE RELEVANT AMOUNT.

PERSONAL TRAVEL INSURANCE

8. IT IS A CONDITION OF BOOKING THAT YOU ARE INSURED AGAINST MEDICAL AND PERSONAL ACCIDENT RISKS. THIS MUST COVER THE ACTIVITIES UNDERTAKEN AND INCLUDE REPATRIATION COSTS, AIR AMBULANCE AND HELICOPTER RESCUE SERVICES AND CANCELLATION AND CURTAILMENT.

IF YOU CHOOSE NOT TO TAKE OUT INSURANCE, IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE INSURANCE COVER YOU PURCHASE IS ADEQUATE AND YOU MUST COMPLETE THE DECLARATION IN THE BOOKING FORM TO CONFIRM THIS. YOU MUST PROVIDE PROOF OF THIS INSURANCE TO OUR OFFICE (I.E. YOUR INSURANCE CERTIFICATE) PRIOR TO DEPARTURE ALONG WITH WRITTEN CONFIRMATION FROM YOUR INSURER THAT THEY WILL MEET ANY RESCUE FEES INCURRED WITHOUT THEIR ADVANCE APPROVAL. IF YOU CANNOT PROVIDE THIS DOCUMENTATION, WE RESERVE THE RIGHT TO CANCEL YOUR BOOKING AT ANY TIME PRIOR TO THE DEPARTURE DATE.

IN THE EVENT OF EMERGENCY MEDICAL RESCUE AND/OR REPATRIATION FROM A TRIP BY WHATEVER MEANS, THE RESPONSIBILITY OF SUCH COSTS WILL BE BORNE BY THE CLIENT. IT IS THEREFORE ESSENTIAL THAT ADEQUATE COVER IS IN PLACE. WE STRONGLY RECOMMEND THAT YOU TAKE OUT AN INSURANCE POLICY AT THE SAME TIME AS BOOKING.

ALL LUGGAGE AND PERSONAL EQUIPMENT ARE, AT ALL TIMES, AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE WHATSOEVER FOR ANY LOSS, DAMAGE TO YOUR LUGGAGE AND/OR PERSONAL EQUIPMENT. WE THEREFORE RECOMMEND THAT YOUR INSURANCE POLICY INCLUDE COVER FOR BAGGAGE AND PERSONAL ITEMS.

MEDICAL CONDITIONS AND DIETARY REQUIREMENTS

9. IF YOU ARE AFFECTED BY A MEDICAL CONDITION, WHICH MAY AFFECT YOUR OR OTHER PEOPLE’S ENJOYMENT OF THE WORKSHOP, YOU MUST ADVISE THIS AT THE TIME OF BOOKING. SIMILARLY, YOU MUST ADVISE US OF DIETARY REQUIREMENTS AT THE TIME OF BOOKING.

INDEPENDENT TRAVEL ARRANGEMENTS

10. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR YOUR ACTIONS OR YOUR SAFETY FOR ANY INDEPENDENT TRAVEL YOU UNDERTAKE BEFORE, DURING (IF YOU CHOOSE TO LEAVE) OR AFTER THE WORKSHOP.

COMPLAINTS PROCEDURE

11. IF YOU HAVE A COMPLAINT ABOUT THE WORKSHOP YOU SHOULD MAKE IT KNOWN TO YOUR GUIDE/LEADER AT THE EARLIEST OPPORTUNITY. IF YOU DO NOT FEEL THAT YOUR GUIDE HAS DEALT WITH YOUR COMPLAINT IN A SATISFACTORY MANNER, WE ENCOURAGE YOU TO CONTACT OUR OFFICE AS SOON AS POSSIBLE SO THAT WE CAN HELP FIND AN AGREEABLE SOLUTION DURING YOUR TRIP. ANY OUTSTANDING COMPLAINT NOT RESOLVED DURING THE TRIP SHOULD BE NOTIFIED TO US IN WRITING WITHIN 30 DAYS OF THE SCHEDULED DATE OF RETURN.

OUR LIABILITY AND COMPENSATION

12. BEN NICHOLS PHOTOGRAPHY WILL ACCEPT LIABILITY FOR THE NEGLIGENCE OF ITS EMPLOYEES CAUSING DIRECT PHYSICAL INJURY TO PASSENGERS ONLY TO THE EXTENT THAT IT IS OBLIGED UNDER ENGLISH LAW. WE CANNOT BE HELD RESPONSIBLE FOR ANY MISHAP TO YOURSELF OR YOUR PROPERTY, AND IN PARTICULAR FOR THE CONSEQUENCES OF FLIGHT CANCELLATIONS, VEHICLE ACCIDENTS, STRIKES, SICKNESS, GOVERNMENT OR CUSTOMS OR POLICE INTERVENTION OR OTHER SUCH HAPPENINGS AMOUNTING TO FORCE MAJEURE. WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY THE TOTAL OR PARTIAL FAILURE TO CARRY OUT THE HOLIDAY IF SUCH FAILURE IS: ATTRIBUTABLE TO ANYONE OTHER THAN THE BEN NICHOLS PHOTOGRAPHY STAFF; UNFORESEEABLE OR UNAVOIDABLE AND ATTRIBUTED TO A THIRD PARTY UNCONNECTED TO US; A RESULT OF UNUSUAL OR UNFORESEEABLE CIRCUMSTANCES, REASONABLY BEYOND THE CONTROL OF BEN NICHOLS PHOTOGRAPHY; A RESULT OF AN EVENT WHICH BEN NICHOLS PHOTOGRAPHY OR ANY OF ITS AGENTS, EVEN WITH ALL DUE CARE, COULD NOT FORESEE. WHERE BEN NICHOLS PHOTOGRAPHY ARE FOUND TO BE LIABLE FOR DAMAGES IN RESPECT OF ITS FAILURE TO CARRY OUT THE HOLIDAY, THE MAXIMUM AMOUNT OF SUCH DAMAGES, COMPENSATION AND LOSS OF ENJOYMENT WILL NORMALLY BE LIMITED TO TWO TIMES THE COST OF THE TRIP. WHERE THE DAMAGE RELATES TO DAMAGE CAUSED BY THE PROVISION OF ROAD, RAIL, RIVER OR SEA TRANSPORT, OR HOTEL ACCOMMODATION, ANY COMPENSATION PAYABLE WILL BE LIMITED BY THE ATHENS CONVENTION 1974 (SEA), THE BERNE CONVENTION 1961 (RAIL), AND THE PARIS CONVENTION 1962 (HOTEL ACCOMMODATION). ALL AIR TRANSPORT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. ANY INDEPENDENT ARRANGEMENTS YOU MAKE WHICH ARE NOT PART OF THE TRIP ARE ENTIRELY AT YOUR OWN RISK.

VARIATION OF BOOKING CONDITIONS

13. THE BOOKING CONDITIONS MAY ONLY BE WAIVED BY BEN NICHOLS PHOTOGRAPHY IN WRITING. WHEN YOU SIGN THE BOOKING FORM YOU AGREE TO ACCEPT ALL THESE BOOKING CONDITIONS, AND WHEN WE ACCEPT YOUR BOOKING WE AGREE TO CARRY OUT OUR OBLIGATIONS TO YOU AS DEFINED IN HOLIDAY INFORMATION PROVIDED TO YOU. BOTH SIDES OF THIS AGREEMENT ARE MADE SUBJECT TO, AND MUST BE INTERPRETED AND ENFORCED ACCORDING TO ENGLISH LAW IN A ENGLISH COURT.

 

PHOTOGRAPHY WORKSHOP

IT IS A FUNDAMENTAL BOOKING CONDITION THAT YOU ACCEPT THE HAZARDS INVOLVED AND YOU ACCEPT THAT IN VISITING REMOTE AND MOUNTAINOUS REGIONS THERE IS AN ELEMENT OF FLEXIBILITY. YOU MUST ACKNOWLEDGE THAT DELAYS AND ALTERATIONS AND THEIR RESULTS, SUCH AS INCONVENIENCE AND DISCOMFORT, ARE POSSIBLE WHERE UNFORESEEN CIRCUMSTANCES ARISE. YOU MUST HAVE A LEVEL OF FITNESS COMMENSURATE WITH YOUR CHOSEN TRIP AND YOU ARE RESPONSIBLE FOR BRINGING THE APPROPRIATE EQUIPMENT, DETAILS OF WHICH WILL BE SENT TO YOU AT THE TIME OF BOOKING. IF, IN THE OPINION OF THE BEN NICHOLS PHOTOGRAPHY OR STAFF, YOUR FITNESS OR EQUIPMENT MAY COMPROMISE THE SAFETY OF A TRIP WE RESERVE THE RIGHT TO CANCEL OR TERMINATE YOUR HOLIDAY. IN THESE CIRCUMSTANCES YOU WILL NOT BE ENTITLED TO A REFUND OR COMPENSATION.

IT IS A CONDITION OF BOOKING THAT YOU ARE INSURED AGAINST MEDICAL AND PERSONAL ACCIDENT RISKS. THIS MUST COVER THE ACTIVITIES UNDERTAKEN AND INCLUDE REPATRIATION COSTS, AIR AMBULANCE AND HELICOPTER RESCUE SERVICES AND CANCELLATION AND CURTAILMENT.

IF YOU CHOOSE NOT TO TAKE OUT INSURANCE, IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE INSURANCE COVER YOU PURCHASE IS ADEQUATE AND YOU MUST COMPLETE THE DECLARATION IN THE BOOKING FORM TO CONFIRM THIS. YOU MUST PROVIDE PROOF OF THIS INSURANCE TO OUR OFFICE (I.E. YOUR INSURANCE CERTIFICATE) PRIOR TO DEPARTURE ALONG WITH WRITTEN CONFIRMATION FROM YOUR INSURER THAT THEY WILL MEET ANY RESCUE FEES INCURRED WITHOUT THEIR ADVANCE APPROVAL. IF YOU CANNOT PROVIDE THIS DOCUMENTATION, WE RESERVE THE RIGHT TO CANCEL YOUR BOOKING AT ANY TIME PRIOR TO THE DEPARTURE DATE.

IN THE EVENT OF EMERGENCY MEDICAL RESCUE AND/OR REPATRIATION FROM A TRIP BY WHATEVER MEANS, THE RESPONSIBILITY OF SUCH COSTS WILL BE BORNE BY THE CLIENT. IT IS THEREFORE ESSENTIAL THAT ADEQUATE COVER IS IN PLACE. WE STRONGLY RECOMMEND THAT YOU TAKE OUT AN INSURANCE POLICY AT THE SAME TIME AS BOOKING.

ALL LUGGAGE AND PERSONAL EQUIPMENT ARE, AT ALL TIMES, AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE WHATSOEVER FOR ANY LOSS, DAMAGE TO YOUR LUGGAGE AND/OR PERSONAL EQUIPMENT. WE THEREFORE RECOMMEND THAT YOUR INSURANCE POLICY INCLUDE COVER FOR BAGGAGE AND PERSONAL ITEMS.

 

TERMS AND CONDITIONS OF PRODUCT AND ADVERTISING PHOTOGRAPHY

1. DEFINITIONS

OUR TERMS AND CONDITIONS OF BUSINESS APPLY TO ALL DEALINGS BETWEEN THE PHOTOGRAPHY FIRM (THE TRADING NAME OF BEN NICHOLS PHOTOGRAPHY) (“US” OR “THE COMPANY”) AND YOU (“THE CLIENT” OR “THE CUSTOMER”).

“PHOTOGRAPHS” MEANS ALL PHOTOGRAPHIC MATERIAL FURNISHED BY THE PHOTOGRAPHER, WHETHER TRANSPARENCIES, NEGATIVES, PRINTS OR ANY OTHER TYPE OF PHYSICAL OR ELECTRONIC MATERIAL.

2. COPYRIGHT

THE ENTIRE COPYRIGHT IN THE PHOTOGRAPHS IS RETAINED BY THE PHOTOGRAPHER AT ALL TIMES THROUGHOUT THE WORLD.

3. OWNERSHIP AND MATERIALS

TITLE TO ALL PHOTOGRAPHS REMAINS THE PROPERTY OF THE PHOTOGRAPHER. WHERE APPLICABLE, IF A LICENCE TO USE THE MATERIAL HAS EXPIRED, THE PHOTOGRAPHS MUST BE REMOVED FROM THE CLIENT’S COMPUTER SYSTEMS / DATABASES IF ELECTRONIC.

4. IMAGE USE

UNLESS OTHERWISE STATED, BY INSTRUCTING AND PAYING FOR OUR SERVICES, WE OFFER YOU A FULL LICENCE TO USE THE IMAGES FOR YOUR OWN COMMERCIAL PURPOSES, WHETHER ONLINE OR IN PRINT. THIS ASSUMES THAT IMAGES WILL BE USED TO PROMOTE YOUR OWN COMPANY, ITS PRODUCTS OR SERVICES, WHETHER DIRECTLY OR VIA A THIRD PARTY (WITH YOUR PERMISSION). UNLESS OTHERWISE STATED, THERE WILL BE NO TIME LIMIT ON THIS USE. YOU ARE NOT PERMITTED TO SELL OR GIVE AWAY THE IMAGES IN ANY WAY, INCLUDING VIA ONLINE LIBRARIES, OR TO USE THEM ON ANY PRINTED MERCHANDISE UNLESS PREVIOUSLY AGREED IN WRITING.

WE HAVE THE RIGHT TO USE IMAGES FOR OUR OWN PROMOTIONAL PURPOSES. THIS MAY INCLUDE, BUT IS NOT LIMITED TO, USE ON OUR WEBSITE AND IN PORTFOLIOS & CASE STUDIES, AS WELL AS ON OUR SOCIAL MEDIA CHANNELS. WHERE APPROPRIATE, AND IN THE CASE OF NON-BRANDED IMAGES ONLY, THEY MAY ALSO BE SUBMITTED TO OUR STOCK PHOTOGRAPHY LIBRARIES. BRANDED PRODUCT IMAGES ARE NOT PERMITTED ON STOCK PHOTOGRAPHY LIBRARIES. IF WE HAVE AGREED UPON AN INITIAL EXCLUSIVE USE PERIOD, WE WILL NOT PUBLICISE IMAGES IN ANY WAY UNTIL AFTER THIS DATE. THIS AGREEMENT MUST BE MADE IN ADVANCE OF THE SHOOT AND IN WRITING ON OUR BOOKING CONFIRMATION FORM.

5. EXCLUSIVITY

THE CLIENT WILL BE AUTHORISED TO PUBLISH THE PHOTOGRAPHS TO THE EXCLUSION OF ALL OTHER PERSONS INCLUDING THE PHOTOGRAPHER. HOWEVER, THE PHOTOGRAPHER RETAINS THE RIGHT IN ALL CASES TO USE THE PHOTOGRAPHS IN ANY MANNER AT ANY TIME AND IN ANY PART OF THE WORLD FOR THE PURPOSES OF ADVERTISING OR OTHERWISE PROMOTING HIS/HER WORK. AFTER THE EXCLUSIVITY PERIOD INDICATED IN THE LICENCE TO USE THE PHOTOGRAPHER SHALL BE ENTITLED TO USE THE PHOTOGRAPHS FOR ANY PURPOSES.

6. CLIENT CONFIDENTIALITY

THE PHOTOGRAPHER WILL KEEP CONFIDENTIAL AND WILL NOT DISCLOSE TO ANY THIRD PARTIES OR MAKE USE OF MATERIAL OR 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.

7. INDEMNITY

THE PHOTOGRAPHER AGREES TO INDEMNIFY THE CLIENT AGAINST ALL EXPENSES, DAMAGES, CLAIMS AND LEGAL COSTS ARISING OUT OF ANY FAILURE BY THE PHOTOGRAPHER TO OBTAIN ANY CLEARANCES FOR WHICH HE/SHE WAS RESPONSIBLE IN RESPECT OF THIRD PARTY COPYRIGHT WORKS, TRADEMARKS, DESIGNS OR OTHER INTELLECTUAL PROPERTY. THE PHOTOGRAPHER SHALL ONLY BE RESPONSIBLE FOR OBTAINING SUCH CLEARANCES IF THIS HAS BEEN EXPRESSLY AGREED BEFORE THE SHOOT. IN ALL OTHER CASES THE CLIENT SHALL BE RESPONSIBLE FOR OBTAINING SUCH CLEARANCES AND WILL INDEMNIFY THE PHOTOGRAPHER AGAINST ALL EXPENSES, DAMAGES, CLAIMS AND LEGAL COSTS ARISING OUT OF ANY FAILURE TO OBTAIN SUCH CLEARANCES.

8. PAYMENT

IF THERE IS NO 30 DAY CREDIT ACCOUNT IN PLACE A 25% DEPOSIT BY THE CUSTOMER WILL BE EXPECTED ON THE APPROVAL OF THE COMMISSIONED WORK UPON THE ISSUE OF THE RELEVANT INVOICE, AND IN SOME CASES PAYMENT WILL BE NEEDED BEFORE HIGH-RESOLUTION FILES ARE SUPPLIED.

9. EXPENSES

WHERE EXTRA EXPENSES OR TIME ARE INCURRED BY THE PHOTOGRAPHER AS A RESULT OF ALTERATIONS TO THE ORIGINAL BRIEF BY THE CLIENT, OR OTHERWISE AT THEIR REQUEST, THE CLIENT SHALL GIVE APPROVAL TO AND BE LIABLE TO PAY SUCH EXTRA EXPENSES OR FEES AT THE PHOTOGRAPHER’S NORMAL RATE TO THE PHOTOGRAPHER IN ADDITION TO THE EXPENSES ALREADY AGREED OR ESTIMATED.

10. REJECTION

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 BOOKING IS CONSIDERED FIRM AS FROM THE DATE OF CONFIRMATION AND ACCORDINGLY THE PHOTOGRAPHER WILL, AT HIS/HER DISCRETION, CHARGE A FEE FOR CANCELLATION OR POSTPONEMENT.

12. ELECTRONIC STORAGE

SAVE FOR THE PURPOSES OF REPRODUCTION FOR THE LICENSED USE(S), THE PHOTOGRAPHS MAY NOT BE STORED IN ANY FORM OF ELECTRONIC MEDIUM WITHOUT THE WRITTEN PERMISSION OF THE PHOTOGRAPHER. MANIPULATION OF THE IMAGE OR USE OF ONLY A PORTION OF THE IMAGE MAY ONLY TAKE PLACE WITH THE PERMISSION OF THE PHOTOGRAPHER.

13. APPLICABLE LAW

THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF ENGLAND & WALES

14. VARIATION

THESE TERMS AND CONDITIONS SHALL NOT BE VARIED EXCEPT BY AGREEMENT IN WRITING.

 

TERMS AND CONDITIONS OF DRONE IMAGERY BOTH STILLS AND VIDEO

1. WEATHER AND CANCELLATIONS

BEN NICHOLS PHOTOGRAPHY WILL DO OUR BEST TO KEEP AN EYE ON THE WEATHER AS FAR IN ADVANCE AS WE CAN. IF THE FORECAST IS LOOKING UNSUITABLE FOR A BOOKED DATE, WE WILL ALWAYS AIM TO NOTIFY THE CLIENT AS EARLY AS WE CAN TO MAKE OTHER ARRANGEMENTS. AS THE WEATHER PLAYS A KEY PART IN ALLOWING US TO FLY, IF CONDITIONS GO AGAINST US (RAIN, STRONG WINDS) AND WE ARE NOT ABLE TO SHOOT, ANOTHER DAY FOR FILMING WILL BE RE-SCHEDULED AND THE DEPOSIT WILL BE TRANSFERRED TO THIS DATE.

IF ANOTHER DATE CANNOT BE SCHEDULED, OR THERE IS A CANCELLATION DUE TO ANY OTHER ISSUE AND THE CLIENT DECIDES THAT THEY NO LONGER WISH TO USE OUR SERVICES, THE 25% DEPOSIT WILL NOT BE REFUNDED, UNLESS DUE TO EXCEPTIONAL CIRCUMSTANCES. ALL REFUNDS WILL BE DEALT WITH ON A CASE-BY-CASE BASIS.

PLEASE NOTE THAT BY AGREEING TO THE JOB AND PAYING THE 25% DEPOSIT, YOU’RE AGREEING TO THESE TERMS AND CONDITIONS AND BEN NICHOLS PHOTOGRAPHY DECISION IN REGARDS TO REFUNDS ARE FINAL. ADDITIONALLY, IF THERE ARE ANY OTHER INCURRED COSTS TO BEN NICHOLS PHOTOGRAPHY, THESE WILL BE CHARGEABLE TO THE CLIENT AND ARE SUBJECT TO OUR NORMAL INVOICE TERMS.

2. POTENTIAL USE OF VIDEOS AND PHOTOS FOR BEN NICHOLS PHOTOGRAPHY PURPOSES

AT BEN NICHOLS PHOTOGRAPHY LOVE WHAT WE DO AND ARE VERY PROUD OF THE WORK THAT WE ARE LUCKY ENOUGH TO UNDERTAKE. SO NATURALLY WE ARE ALWAYS ACTIVELY LOOKING TO PROMOTE OUR SERVICES. WE WILL NEVER PUBLISH ANY FOOTAGE OR IMAGES WE SHOOT UNTIL OUR CLIENTS HAVE RELEASED THE CONTENT THEMSELVES. HOWEVER, WE DO RESERVE THE RIGHT TO USE ANY OF OUR FOOTAGE AND IMAGES FOR INTERNAL AND EXTERNAL PROMOTION, THIS CAN INCLUDE AND IS NOT LIMITED TO THE FOOTAGE BEING USED FOR SOCIAL MEDIA AND WEBSITE PURPOSES TO PROMOTE BEN NICHOLS PHOTOGRAPHY.

IF YOU ARE ADVERSE TO ANY OF THE FOOTAGE BEING USED IN THIS WAY PLEASE LET US KNOW AT THE START OF THE JOB.

3. HOURS

WHEN DOING AGRICULTURAL SURVEYS, DEPENDING ON THE SIZE OF THE JOB IT MAY TAKE LONGER THAN ONE DAY TO CAPTURE ALL THE DATA THAT IS REQUIRED. THERE FOR, OVERNIGHT ACCOMMODATION MAYBE REQUIRED THIS WILL BE CHARGEABLE TO THE CLIENT UNLESS SPECIFICALLY SPECIFIED.

WHEN DOING BUILDING AND INSPECTION SURVEYS, GENERALLY THIS CAN BE DONE IN A FEW HOURS. THERE FOR I WORK ON AN HOURLY RATE PLUS ADDITIONAL COSTS.

4. COPYRIGHT

ALL IMAGERY REMAINS THE PROPERTY OF BEN NICHOLS PHOTOGRAPHY UNTIL FULL PAYMENT HAS BEEN RECEIVED.

5.ADDITIONAL COSTING

TRAVEL EXPENSES FOR UK-BASED PROJECTS WILL BE CHARGED AT 45P PER MILE. IF ADDITIONAL ACCOMMODATION IS REQUIRED THIS WILL BE CHARGEABLE TO THE CLIENT UNLESS SPECIFICALLY SPECIFIED. THIS WILL ALWAYS BE DISCUSSED AND AGREED BEFOREHAND ON A PROJECT-BY-PROJECT BASIS.

WE ARE HAPPY TO PENCIL IN POTENTIAL DATES FOR YOU WITHOUT A DEPOSIT. HOWEVER, SHOULD ANOTHER CLIENT REQUEST THE SAME DATE, WE WILL GIVE YOU FIRST REFUSAL AND IF YOU STILL WISH TO PROCEED ON THIS DAY, A 25% DEPOSIT WILL BE REQUIRED TO SECURE THIS DATE.

BEN NICHOLS PHOTOGRAPHY – 1ST MARCH 2018
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