TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY BEFORE MAKING A BOOKING
These Terms and Conditions were last updated on: 27th November 2018
1 - ABOUT THESE TERMS AND CONDITIONS
It is mutually agreed that these Terms and Conditions shall apply to the wedding styled photoshoots supplied by 90° East (“90° East”, “We” or “Us”) and constitute a legally binding agreement with Us including any Schedules attached or separately agreed. In addition to these Terms and Conditions, our Privacy and Cookies Policy applies to all agreements.
If you are entering into this agreement on behalf of a company or other legal entity or person, your acceptance represents that you have the authority to bind such entity or person to these Terms and Conditions.
You must be at least 18 years old to attend our shoots. By booking a place on a photoshoot you warrant that you are 18 years old or over.
2 - ABOUT US
90º East arranges styled shoots for photographers to build their portfolio of wedding images over the course of two days spent at a location in Central or Eastern Europe. All photoshoot venues and locations will be arranged by 90° East.
If you have any questions regarding our Terms or Policies, you can contact us as follows:
By post to:
90° East / Sarah Longworth Photography
1 Drewton Avenue, Heysham, Lancashire LA1 3PD
by email to: firstname.lastname@example.org
3 - INTERPRETATION
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
4 - PHOTOGRAPHER’S OBLIGATIONS
Photographers attending a photoshoot are solely responsible for providing their own equipment and ensuring that this is suitable and in working order for the planned shoots.
No specific experience is required to attend a photoshoot hosted by 90° East. However, all photographers should be competent with the use of their own equipment.
Whilst on the photoshoot, photographers shall:
comply with all reasonable instructions and directions issued by Us;
conduct themselves in a professional manner;
take out and maintain applicable adequate insurance to cover participation and equipment;
not cause or permit any damage to any venue or location;
wear appropriate clothing and footwear;
be responsible for their own health and safety and have due regard for that of others;
be responsible for the payment of any and all personal expenses incurred.
You should inform Us at the time of booking of any mobility problems or adjustments needed for your participation on the photoshoot.
5 - STRUCTURE OF THE SHOOTS
90° East shall provide the wedding photography photoshoot on the booked date(s).
We shall provide models for the shoots, arrange the styling and organise the location. We give photographers a structure / timeline for the day and photographers will typically take photographs in pairs or small groups. No tuition is provided.
It should be noted that the actual set up and logistics for the shoots are subject to change, including itineraries and timings. The output may be subject to variables beyond our control including, but not limited to, factors relating to the weather, location, venue, lighting restrictions or scheduling complications. Photoshoots will typically include both indoor and outdoor locations/venues.
We reserve the right to substitute models from those shown in our advertising. The availability of a model for shooting is not guaranteed.
6 - INSURANCE
90° East recommends that photographers take out their own insurance to cover equipment damage and appropriate travel insurance to cover themselves and their equipment whilst on the photoshoot. We shall not be liable for any damage to equipment, personal injury, delays or any other circumstances which are beyond our control.
We cannot accept responsibility for any travel arrangements. If you choose to travel without adequate insurance cover we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
7 - PAYMENT
Full payment is required at the time of booking to secure a place on a photoshoot. Payments can be made securely on the 90° East website, www.90degreeseast.com.
We are not registered for VAT.
8 - CANCELLATION
Payments are non-refundable and where applicable as a consumer a booking will be subject to the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013. Under these Regulations consumers have up to 14 days (starting after the day in which you entered the agreement) to cancel the contract, unless the photoshoot you have booked commences within that 14 day period. If you book a photoshoot that commences within 14 days, the Regulations will not apply and you will therefore be giving up your right to cancel.
Bookings made by businesses rather than individual consumers will be deemed to amount to a business to business transaction in respect of which the Regulations will not apply. You will therefore be liable to pay the full course fee if you cancel before the date of the photoshoot.
You may request the transfer of a booking to another photoshoot if there is a minimum of 28 calendar days before the start of the photoshoot. If there is less than 28 days before the photoshoot, you should notify us, however, no refund will be paid.
Places on photoshoots cannot be transferred or re-sold to other photographers.
All cancellations should be confirmed in writing or by email to Us.
In the event that the services under this agreement are cancelled by Us, you will be entitled to a full refund for all monies paid.
9 - USE OF IMAGES
The copyright of all images taken on the photoshoots will belong to the individual photographers and 90° East has no claim on this.
We do however require full credit to be given to us for the creative direction of the photoshoots when images are shared online, and this includes on websites and blogs. A full list of credits required will be sent to the photographers upon confirmation of their place on the photoshoot. We will request any images incorrectly attributed to be taken down/removed from the website or blog.
Photographers may use photographs and images as part of the online business portfolio and are encouraged to share their work from the photoshoots on wedding industry blogs, both online and print, provided the appropriate credit is given.
10 - PACKAGE HOLIDAY REGULATIONS
90° East is not acting as the organiser of a package (as defined in the Package Travel and Linked Travel Arrangements Regulations 2018. A copy of the Package Travel Regulations can be found at: http://www.legislation.gov.uk/uksi/2018/634/contents/made
All travel arrangements and accommodation is the responsibility of the party booking a place on the photoshoot. The provision of services booked with Us is not within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018 and therefore these do not apply to any booking with Us.
11 - PASSPORT, VISAS AND HEALTH REQUIREMENTS
It is the responsibility of the individual photographer attending the photoshoot to ensure that they check and hold the relevant passport and visa for entry to the country for the photoshoot, as applicable. 90° East shall not be responsible for anyone who does not have the right documentation to enter the destination country or who does not meet any required criteria in respect of their passport, visa, health or immigration status. It is recommended that you check if any health requirements apply to the destination prior to travel.
You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure, as defined under these Terms and Conditions (heading 17).
12 - DATA PROTECTION
90° East acts as a Data Controller in relation to services supplied under these Terms and Conditions and the person responsible for data protection matters is Sarah Longworth.
Under data protection legislation, data subjects have the right to access any data personal data kept by 90° East through a Subject Access Request (SAR). If you wish to invoke this right, you should email us at email@example.com
As permitted under data protection legislation we will store personal data only for as long as necessary and for legitimate purposes. We do not pass personal data to any third parties except where lawfully permitted. Personal data is not sold to any third party.
We retain the right to respond to legal requests as necessary.
13 - ACCURACY AND PRICES
We endeavour to ensure that all the information and prices both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You are advised to check the current price and all other details before you make a booking.
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices.
14 - CHANGES TO TERMS AND CONDITIONS
These terms and conditions may be modified by agreement between both parties, either verbally or in writing.
15 - LIMITATION OF LIABILITY
90° East takes all reasonable care in the services provided under this Agreement but shall not be liable for any loss or damage howsoever arising including but not limited to loss of photographs, loss of opportunity, loss of data or consequential or indirect losses arising in contract, tort or otherwise.
Nothing in these Terms and Conditions shall exclude or restrict liability for death or personal injury caused by our negligence, for fraudulent misrepresentation and/or any other liability which shall not be excluded or limited by law.
16 - NO WAIVER
No failure or delay by 90° East in exercising any rights shall be deemed to be a waiver of that right, and no waiver of a breach of any provision of the Terms and Conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
17 - FORCE MAJEURE
90º East shall not be liable for any failure or delay in performing the obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, or governmental action. In the event of force majeure where services have not commenced all money paid to 90° East for a booking will be refunded.
18 - ENTIRE AGREEMENT
You accept that you shall not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions. All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.
19 - SEVERABILITY
Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
20 - THIRD PARTIES
No part of these terms and conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
21 - NOTICES
Notices sent by e-mail will be deemed to have been received twenty-four hours after sending. We can be contacted by email to firstname.lastname@example.org, or in writing to 90° East / Sarah Longworth Photography, 1 Drewton Avenue, Heysham, Lancashire, LA3 1NU.
22 - JURISDICTION AND GOVERNING LAW
These Terms & Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of England and each party submits to the exclusive jurisdiction of the English courts.