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Terms & Conditions

Terms & Conditions – Colin Myers Photography

 

1. Terms and Definitions:

(a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;

(b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;

(c) the Photographer (otherwise known as Colin Myers) is the Author of the photograph or the Photographer.

(d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);

(e) These terms and conditions represent the entirety of the agreement between Colin Myers Photography and the Client. Any variation is only applicable when agreed in advance and in writing;

 

2. Copyright and Ownership of Materials:

(a) The entire copyright in the pictures is retained by the Photographer, Colin Myers at all times throughout the world and is administered by Colin Myers Photography;

(b) Title to all photographs remains the property of the Photographer;

(c) Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;

(d) The Photographer, as administered by Colin Myers Photography, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Colin Myers Photography’s grant of reproduction rights in respect thereof;

(e) Colin Myers asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988;

(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Colin Myers Photography any fee payable by the Client shall be subject to an increase specified by Colin Myers Photography, and in any event an increase of not less than 25%.

 

3. Use and Reproduction:

(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received by Colin Myers Photography;

(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;

(c) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Colin Myers Photography’ invoice. An agreement must be reached with Colin Myers Photography before the pictures are used for a different purpose or after the licence to use has expired;

(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;

(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights;

(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;

(g) Colin Myers Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;

(h) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Colin Myers Photography free of charge within two weeks. In other media, evidence of use must be made available if requested;

(i) 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 is appointed, Colin Myers Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

 

4. Definitions of Reproduction Rights:

The following terms are used when describing the reproduction rights granted by Colin Myers Photography and the Photographer to the Client:

(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;

(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;

(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;

(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.

 

5. Booking and Cancellation:

(a) The Client will be required to complete a Booking Form, on receipt of the booking form, Colin Myers Photography will send an email as confirmation. The booking will then be considered Confirmed.

(b) Once the Client has made a booking for a specific time and date and this date/time has been confirmed, Colin Myers Photography will not accept any other work from other clients for those times and dates;

(c) As a result, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels a confirmed booking within 10 business days of any confirmed date, an administration fee of £20.00 will be charged; (ii) When a client cancels photography within less than 10 days business of any confirmed date, a fee of 20% of the booked time rate will be charged. (iii) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Colin Myers Photography.

 

6. Payment Terms:

(a) Our payment terms are strictly net 28 days (four weeks) unless agreed in advance and in writing;

(b) If payment is not made in accordance with (a) above then Colin Myers Photography may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998;

(c) A fee of £25 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices;

(d) The Client’s right to reproduce a picture arises only when Colin Myers Photography’s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Colin Myers Photography to rescind the Agreement and rendering the Client liable for the payment of damages;

(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Colin Myers Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts;

 

7. Rejection:

(a) Colin Myers Photography will edit every take and deliver what it considers to be the best of every situation covered;

(b) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

 

8. Liability and Indemnity:

(a) While Colin Myers Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption;

(b) The Client agrees to indemnify Colin Myers Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Colin Myers Photography;

(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Colin Myers Photography gives no warranty or undertaking that any such rights, model releases or consents have 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. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Colin Myers Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

 

9. Applicable Law:

(a) This Agreement shall be subject to and constructed according to Scottish Law and the parties agree to accept the exclusive direction of the Courts of Scotland;

(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.

 

10. Client Confidentiality:

(a)  The Photographer and Colin Myers Photography will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or Colin Myers Photography to carry out their obligations in relation to the commission.

 

11. Making Payment 

(a)  Our terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.

(b)  Payment by BACS is preferred and bank details will be provided on our invoice.  Payment via an email invoice will also be offered where a direct BACS payment is not possible but this will be at the discretion of Colin Myers Photography.

 

12. Tours

(a)  All tours provided by Colin Myers Photography are attended at the risk of the participant(s) attending the tour.

(b)  All participants of all tours are responsible for their own insurance and insurance for any equipment used on the tour including all camera(s) and video recording equipment.

(c)  All participants agree that any injuries or accidents sustained whilst participating on any tour provided by Colin Myers Photography must be claimed against their own insurance and agree to indemnify Colin Myers Photography of all liability for any such injury, loss or accident to the participant(s) or their possessions.

(d)  All tours must be paid in full no later than one week before the tour is due to start.  Any failure to complete payment in line with this timescale will invalidate the booking and allow Colin Myers Photography to cancel the booking without refunding any payment made to date.

(e)  The tour participant(s) are not permitted to cancel the tour(s) under any circumstances and absolutely no refunds will be made in respect of any payments in relation to the tour(s) provided by Colin Myers Photography, under any circumstances.  In the event of any tour being cancelled by the participant, no refund will be made.

(f)  If a tour has to be cancelled by Colin Myers Photography, the client will be contacted via the email address and/or the telephone number provided at the earliest time possible.  A full refund will be offered if a reschedule of the tour(s) is not acceptable or possible with the participant(s).

(g)  If a tour is cancelled for any reason, Colin Myers Photography cannot be held responsible for any loss, financial or otherwise including, but not limited to the costs associated with travel and accommodation.

(h)  Any abusive or derogatory behaviour towards other participants of the tour, members of the public and/or the tour guide will not be tolerated.  Colin Myers Photography reserves the right to remove anyone from a tour(s) at the discretion of the tour guide, without any liability whatsoever.

(i)  All children participating on a tour under the age of 16 must be accompanied by a responsible adult and are the responsibility of that adult – no unaccompanied children will be permitted on any tour.

(j)  Taking photographs of the other participants and/or the tour guide without their express permission is prohibited.

(k)  Payment for any tour(s) provided by Colin Myers Photography constitutes inherent acceptance of all the terms and conditions on this page.

 

13. Photo Shoots

(a)  All photo shoots undertaken by Colin Myers Photography are attended at the risk of the participant(s) attending the photo shoot.

(b)  All participants of all photo shoot are responsible for their own insurance and insurance for any equipment used within the photo shoot including all camera(s) and video recording equipment.

(c)  All participants agree that any injuries or accidents sustained whilst participating on any photo shoot undertaken by Colin Myers Photography must be claimed against their own insurance and agree to indemnify Colin Myers Photography of all liability for any such injury, loss or accident to the participant(s) or their possessions.

(d)  All photo shoots must be paid in full no later than one week before the shoot is due to start.  Any failure to complete payment in line with this timescale will invalidate the booking and allow Colin Myers Photography to cancel the booking without refunding any payment made to date.

(e)  The photo shoot participant(s) are not permitted to cancel the photo shoot under any circumstances and absolutely no refunds will be made in respect of any payments in relation to the photo shoots undertaken by Colin Myers Photography, under any circumstances.

(f)  If a photo shoot has to be cancelled by Colin Myers Photography, the client will be contacted via the email address and/or the telephone number provided at the earliest time possible.  A full refund will be offered if a reschedule of the photo shoot is not acceptable or possible with the participant(s).

(g)  If a tour is cancelled for any reason, Colin Myers Photography cannot be held responsible for any loss, financial or otherwise including, but not limited to the costs associated with travel and accommodation.

(h)  Any abusive or derogatory behaviour towards other participants of the photo shoot, members of the public and/or the photographer will not be tolerated.  Colin Myers Photography reserves the right to remove anyone from a photo shoot at the discretion of the photographer, without any liability whatsoever.

(i)  All children participating on a photo shoot under the age of 16 must be accompanied by a responsible adult.

(j)  Taking photographs of the other participants and/or the photographer without their express permission is prohibited.

(k)  Payment for any photo shoots provided by Colin Myers Photography constitutes inherent acceptance of all the terms and conditions on this page.

 

14. Weddings

(a)  All wedding photography undertaken by Colin Myers Photography are attended at the risk of the participant(s) attending the wedding in relation to the photographs shot at the wedding.

(b)  All participants of all weddings are responsible for their own insurance and insurance for any equipment used within the photo shoot including all camera(s) and video recording equipment.

(c)  All participants agree that any injuries or accidents sustained whilst participating on any wedding undertaken by Colin Myers Photography must be claimed against their own insurance and agree to indemnify Colin Myers Photography of all liability for any such injury, loss or accident to the participant(s) or their possessions.

(d)  All wedding photography fees must be paid in full no later than two weeks before the shoot is due to start.  Any failure to complete payment in line with this timescale will invalidate the booking and allow Colin Myers Photography to cancel the booking without refunding any payment made to date.

(e)  The wedding participant(s) are not permitted to cancel the wedding photography under any circumstances and absolutely no refunds will be made in respect of any payments in relation to the photo shoots undertaken by Colin Myers Photography, under any circumstances.

(f)  If the wedding photography has to be cancelled by Colin Myers Photography, the client will be contacted via the email address and/or the telephone number provided at the earliest time possible.  A full refund will be offered if a reschedule of the wedding photography is not acceptable or possible with the participant(s). 

(g)  If wedding photography is cancelled for any reason, Colin Myers Photography cannot be held responsible for any loss, financial or otherwise including, but not limited to the costs associated with travel and accommodation and/or the costs of the wedding itself including ceremony venue, reception venue and photo shoot venue.

(h)  Any abusive or derogatory behaviour towards other participants of the wedding, members of the public and/or the photographer will not be tolerated.  Colin Myers Photography reserves the right to remove anyone from the wedding photography shoot at the discretion of the photographer, without any liability whatsoever.

(i)  All children participating in wedding photography under the age of 16 must be accompanied by a responsible adult.

(j)  Taking photographs of the other participants and/or the photographer without their express permission is prohibited.

(k)  Payment for any wedding photography provided by Colin Myers Photography constitutes inherent acceptance of all the terms and conditions on this page.

 

15. All Print & Canvas Sales (including photographs and original Colin Myers Artwork)

(a)  All prints and canvases sold are produced on demand to meet the specific order you make.  No stock is held and any absolutely no refunds will be made if you order incorrectly – please ensure you order the correct image/correct size/correct format and that you supply the correct delivery address when you are ordering.

(b)  Delivery times are not specified or guaranteed in any way, shape or form.  No liability is accepted for any missed deadlines on your part and no refunds will be made due to delivery timescales being out with your expectations, unless otherwise agreed, in writing by Colin Myers Photography at the time of ordering.

(c)  Canvases can only be  shipped out with the UK in sizes A4 and A3 ONLY – any orders for a canvas, out with the UK in any size other than A4 or A3 may be cancelled and a full refund will be offered to you, less any costs we may incur where applicable.  Any orders for canvases in sizes other than A4 or A3 where delivery is out with the UK must be agreed in writing by Colin Myers Photography.

(d)  There may be some variations in colour between what you seen on screen and the final colours printed – this is due to images being viewed on different computers/phones/tablets etc, all configured with different settings etc.  No refunds will be given unless the prints/canvases you receive can be seen to be defective.  All such cases will be investigated on a case by case basis by Colin Myers Photography.

 

16.  Calendar Sales

(a)  Absolutely no refunds will be made if you order an incorrect calendar from those available – please ensure you order the correct calendar format and that you supply the correct delivery address when you are ordering.

(b)  Delivery times are not specified or guaranteed in any way, shape or form.  No liability is accepted for any missed deadlines on your part and no refunds will be made due to delivery timescales being out with your expectations, unless otherwise agreed, in writing by Colin Myers Photography at the time of ordering.

(c)  UNLESS OTHERWISE AGREED, WHERE NO DELIVERY ADDRESS HAS BEEN SUPPLIED BY YOU FOR A CALENDAR ORDER, YOUR CALENDAR WILL BE SHIPPED TO THE ADDRESS NOTED ON YOUR PAYPAL ACCOUNT.  ABSOLUTELY NO REFUNDS OR RE-ISSUES OF CALENDARS WILL BE MADE FOR CALENDARS DELIVERED TO THE WRONG ADDRESS, WHERE YOU DO NOT SUPPLY THE CORRECT ADDRESS AND/OR WHEN THE ADDRESS ON YOUR PAYPAL IS NOT CORRECT.

(d)  Colin Myers Photography will issue your calendar in protective packing and use Royal Mail or a reputable courier for delivery.  If you feel your calendar is damaged when you receive the package, you must report this to Colin Myers Photography within 14 days of receipt.  In addition, any claim for a refund must be accompanied by photographic evidence of the damaged calendar(s) – THIS INCLUDES photographs of the packaging and any photos of only a calendar (or packaging) are not sufficient evidence for Colin Myers Photography to progress a compensation claim.

(e)  All requests for refunds based on calendars you feel are damaged will be progressed with the Royal Mail (UK)/reputable courier via their official complaints and compensation processes.  Please be advised you may be contacted by the local mail delivery organisation in your own country and/or Royal Mail/courier to obtain evidence in relation to any claim that may be raised.  Any refund you are given is done on the basis that you will co-operate with the relevant organsaiton(s) in your country and/or the Royal Mail (UK) to aid any investigation that may become necessary to establish damages to the goods in question (calendar and/or packaging).

(f)  There may be some variations in colour between what you seen on screen and the final colours printed – this is due to images being viewed on different computers/phones/tablets etc, all configured with different settings etc.  No refunds will be given unless the prints/canvases you receive can be seen to be defective.  All such cases will be investigated on a case by case basis by Colin Myers Photography.

 

17.  Colin Myers Photography Subscription Plans

(a)  All payments made for subscription plans are final and no refunds will be made for any reason, regardless of whether or not you have logged in and used the service or not – once you have paid, you are deemed to have accepted this term and thus no refund will be made.

(b)  All rewards for loyalty on all plans require the full number of monthly payments to be made before any reward can be supplied. For the avoidance of all doubt, where 6 monthly subscription payments are required to qualify for the reward, you will have to have completed 6 monthly payments before the reward is given.  This applies in the same way to 12 monthly and 18 monthly rewards and any other time period required in the future.  

(c)  No loyalty rewards will be given if you cancel your plan before the period is complete.

(d)  Loyalty rewards are not transferable and cannot be carried over if you have a break in membership i.e. if you are a registered and paying member for 11 months, cancel then return for a further month, this does not constitute 12 months subscription – this constitutes 1 months subscription.  All subscription rewards are only applicable for the continuous subscription without break i.e. 12 months in a row, 18 months in a row etc.  No exceptions will be made for this rule.

(e)  All subscription plans are recurring and will continue to collect until you cancel the plan.  No refunds will be made for any reason.  It is the responsibility of the subscriber to cancel their plan before their next collection date, if they wish to cancel.

(f)  All subscribers can cancel at any time they so wish – there is no obligation to continue with any subscription for any period of time but no refunds will be given for partial months or any other partially paid periods.

(g)  All subscription material provided online for viewing/reading online, remains the property of Colin Myers Photography and may not be reproduced/copied/printed/re-distributed in any way, shape or form without the express written permission of Colin Myers Photography.