Terms and Conditions

Terms and Conditions

Definitions

‘The Company’refers to the staff working at or for Creativus Imago Photography.

‘The Facility and Services’ is the premises or venue OR wherever the photo-shoot or booking is being held.

‘Services’ are the services being provided by The Company.

‘Commercial Client’ is a commercial client who is using The Company to photograph their products.

“The Customer” refers to any person or persons, that is booking the Facility and Services or services through The Company.

 ‘The Product’ is the Commercial Client’s article or substance that is manufactured or refined for sale.

‘The Customer and or Commercial Client’ refers to any person or persons, company or other organisation that is booking the Facility and Services through The Company.

Liability

  • The Customer and Commercial Client are responsible for ensuring that they and their guests adhere to safe working practices whilst using the Facility and Services. the Customer and Commercial Client is responsible for claims of liability made as a result of their failure to maintain safe working practices, including, but not limited to, safe height practices, avoidance of trailing leads and electrical safety. We recommend that the Customer and Commercial Client makes provision for their own Public Liability Insurance, as the Customer and Commercial Client agrees to indemnify the Company and the Facility and Services against any claims and/or losses that may arise as a result of their use of the Facility and Services.
  • The Company is responsible for ensuring that equipment and facilities are safe and will provide Public Liability Insurance against any claims where the Company fails to achieve this.
  • It is the Commercial Client’s responsibility to ensure that their Product(s) arrives safe and in a usable condition ready to be photographed. The Company, will not be responsible for any shipping costs for either delivery or the return of the Product or have any responsibility for making good the Product should it arrive in a poor state or a condition that would prevent the Product from being photographed.
  • The Company is not responsible for the Commercial Client’s products incorrectly fitting, especially in the case of, but not limited to, clothing.
  • It is the Commercial Clients responsibility to arrange its own makeup, hairstylists and other stylists.
  • The Company will not be liable for any loss, damage, expense, costs or loss of income as a result of renting the Facility and Services. In addition, whilst reasonable measures will be taken by the Company, no responsibility for loss or damage of any property or vehicles of the Customer and Commercial Client or their guests, will be accepted.
  • The Company will not be liable for any injury or death to the Customer and Commercial Client or their guests, not directly attributable to the negligence of the Customer and Commercial Client. The Company will not be liable for any losses, whether direct or consequential, that are a result of malfunction, error, availability, illness or any other reason outside of our control as to why the Facility and Services may not be able to be used, except for any fees that have been paid to the Company in respect of usage charges.
  • In the unlikely event of the Company having to cancel your booking, we will refund any fees paid with respect to the usage of the Facility and Services and offer to provide proof of cancellation if required.
  • The Facility and Services, services and equipment, are all provided wholly without warranty and at the Customer and Commercial Client’s own risk and may be subject to change without notice at any time by the Company.
  • The Company reserves the right to refuse admission to any person or to remove any person from the Facility and Services if it is believed that there is any risk to health and safety of any person, risk to any part of the Facility and Services or if the person is believed to be behaving in an unruly, disruptive or abusive manner, is believed to be intoxicated under the influence of alcohol or drugs, or if that person is believed to be partaking in any illegal or proscribed activity whilst on the premises. The Company reserves the right to terminate any booking in these circumstances with no refunds payable.
  • The Company will only photograph what has been agreed in the pre-shoot discussions and any additional products sent by the Commercial Client will not be photographed unless the additional costs are agreed and paid.

Damage and behaviour

Any damage caused by misuse, misadventure or carelessness to any set, fixture, fitting, equipment, accessory and consumable, or any item outside or inside the Facility and Services by the Customer and Commercial Client will be charged to the Customer and Commercial Client and becomes payable before the end of the booking. The Customer and Commercial Client agrees to take all reasonable steps to ensure the safe use of all set, fixture, fitting, equipment, accessory and consumable within the Facility and Services.

Conduct

All parties, including the Customer and Commercial Client and their guests, are required to demonstrate good conduct whilst at the Facility and Services, including respect for neighbours, representatives of the Company and any other person on site. All parties are required to behave in a lawful and respectful manner. Invasion of personal space, private rooms and any inappropriate behaviour is not permitted and may result in the booking being terminated with no refunds payable.

Bookings

  • To reserve a booking with the Company, a non-refundable deposit of 50% of the total price is required at the time of booking. The deposit is non-refundable, unless the Company cannot fulfil the booking. Any remaining balances become due no later than 7 days prior to the date of the booking. The balance can be paid using PayPal or bank transfer. Cheques will only be accepted by prior arrangement. A customer’s booking will be cancelled if the full payment is not received 7 days prior to the booking date and is final. All bookings are considered final and binding, unless agreed otherwise, in advance, with the Company.
  • No refunds will be given if the Customer and Commercial Client leaves at any time during a live booking, for whatever reason, and no refunds will be provided for any unused portions of a booking.
  • The Company will not be responsible for any refund for non-refundable ferry, airline tickets or for any airline and ferry tickets purchased by the passenger directly from an airline or travel agent or any other associated travel costs or accommodation and food costs.
  • Image Usage – The Company offers by default a discounted price for image usage for its own needs. Acceptance of this discounted price, allows The Company  the right to use any photograph in any form such as, but not limited to, the use in advertising and marketing for the Company’s own use. If The Customer and or The Commercial Client,  refuses to allow The Company, the right to use any photograph in any form such as, but not limited to, the use in advertising and marketing for the Company’s own use. Then the full booking price will be charged. These prices are displayed on the pricing page
 

Health Requirements

Any physical condition, diet, or treatment requiring special attention must be reported in writing by the Customer and Commercial Client to the Company when the reservation is made.

  1. If travelling from the UK, we would strongly advise you to ensure that your E11 is up to date or for you to take out travel insurance in the event of flight delays and any other unforeseen and unforeseeable eventualities that may prevent you from being able to take part in the agreed business. The Company will not be responsible for medical expenses or any other delays that prevent you from attending or taking part in a booking.

NOT Included in the price – The costs of the booking do not include your air or sea transportation or any other associated travel costs, accommodation, your passports or visas (if applicable), any medical expenses, any insurance, food (accept where indicated) or expenses due to events outside of our control.

Equipment – The Company makes available equipment, services and facilities on an as-is basis. No warranty or guarantee is offered and whilst the Company will endeavour to make available all advertised equipment at all times to complete a booking, it cannot be guaranteed to do so and such items may be varied at any time and without notice for whatever reason. No item or items belonging, hired or leased or lent to the Company may be removed from the Facility and Services at any time, unless agreed in writing with the Company.

Privacy – The Company will NOT store your contact information, any banking details or email correspondence. Your dealings with the Company will remain private and confidential unless requested to release such information to assist in a police investigation or by order of Court or Warrant. The Company will not pass your contact details to any other company or person, unless you ask us to do so.

Copyright – The Company has the sole Copyright to ALL images, that are taken by The Company, without question.

Image Usage – The Company offers by default a discounted price for image usage for its own needs. Acceptance of this discounted price, allows The Company  the right to use any photograph in any form such as, but not limited to, the use in advertising and marketing for the Company’s own use. If The Customer and or The Commercial Client,  refuses to allow The Company, the right to use any photograph in any form such as, but not limited to, the use in advertising and marketing for the Company’s own use. Then the full booking price will be charged. These prices are displayed on the pricing page.

Website Terms –By using the Company’s website, you are agreeing to the terms contained in this document, which may be subject to change from time to time without notice. All content, including layout, design, text and graphics and photographs on the website are subject to copyright and may NOT be downloaded, published, copied, lent or sold under any circumstances without prior written permission from the copyright holder. Any unauthorised use may result in legal recourse or fees. Our Website images are tracked and monitored daily. Any infringement will be pursued aggressively and to the fullest extent of the law in your country.

Travel Costs – The Company will include the first 20km travel distance in the booking price for on location shoots. After the initial 20kms, each kilometre will be charged at €1 per kilometre.

Payments – The Company accepts online payments via PayPal , Bank Transfers or cash.

GDPR – With regards to GDPR, No payment information belonging to The Customer and or The Commercial Client is stored by The Company on this website or on any of its systems, be it electronic or paper.  The information stored, if any, is the responsibility of the financial institution used and not The Company. Subscription information pertaining to video recordings belonging to The Company that are displayed on third party company websites , such as, YouTube, Vimeo, Facebook, Instagram, etc etc is the responsibility of those third parties and not The Company.  Customer and or Commercial Client Email addresses will only be used to correspond on current bookings and then permanently removed once the booking has been completed. No email addresses will be stored, used for any marketing, targeting  or advertising of any sort.

 Terms and Conditions Updated November  2018

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