Thank you for booking a private tour. Please complete the contract below.
Contract
1. This Contract is entered into by Karen Thorburn Photography and the Client. Karen Thorburn Photography’s contact details are as follows:
Karen Thorburn Photography
Glendhu Cottage
Balblair
Dingwall
Ross-shire
IV7 8LL
Email: karen@karenthorburn.com
Mobile: +44 (0)7761985752
2. This Contract is accompanied by a completed “Private Tour Booking Form“, which shall be read in conjunction with and shall form an integral part of this Contract.
Fees
3. The retainer fee and total fee payable shall be dependent upon the private tour package selected by the Client in completing the Private Tour Booking Form, which details the fees payable for each booking option. The Client is required to select one of the listed packages at the time of making the booking. The Client may change their selection to an equivalent price or higher price private tour package at any time up to seven (7) days prior to the private tour date, in which case the amount of the total fee shall remain unchanged or increase accordingly. Any agreed amendments to the chosen private tour package must be noted in the Private Tour Booking Form.
4. At the time of booking, the Client shall pay a booking fee of fifty percent (50%) of the total fee, in return for which Karen Thorburn Photography shall reserve two dates, private tour dates option #1 and option #2. The private tour shall take place on one date only, but both dates will be booked in order to allow for the opportunity for Karen Thorburn Photography to select the date with the best forecast weather conditions for the private tour. This payment shall secure the booked dates only. The booking fee is non-refundable and is not transferable to any other dates. The booking fee shall constitute the first instalment of the total fee payable to Karen Thorburn Photography, and shall reduce the outstanding amount of the total fee owed by the Client to Karen Thorburn Photography accordingly.
5. Two (2) calendar months before the private tour date, the Client shall pay the outstanding amount of the total fee in full.
6. If the Client does not make payment as it falls due in accordance with the terms of Clauses 3 to 5 above, Karen Thorburn Photography reserves the right to cancel the booking, terminate this Contract and retain the non-refundable retainer fee.
7. Editing and basic re-touching of images is carried out at the discretion of Karen Thorburn Photography to enhance the appearance of the images, including (but not limited to) the lighting, exposure, colour temperature and crop, in addition to Karen Thorburn Photography’s ‘signature’ touches. Additional fees will apply if the Client requests extensive re-touching including (but not limited to) skin smoothing and image manipulation.
8. In the event that any additional costs are incurred by the Client after the final payment is made in accordance with Clause 5 above, as a result of the Client selecting a higher price private tour package or requesting extensive re-touching, such additional costs shall be paid within seven (7) days after any additional invoice for those costs is issued by Karen Thorburn Photography or within seven (7) days after the private tour date, whichever is the sooner. In the event that any additional costs are incurred by the Client after the private tour date, such additional costs must be paid within seven (7) days of the additional invoice that Karen Thorburn Photography will issue in respect of such costs. Karen Thorburn Photography reserves the right to withhold finalising and providing the completed images to the Client until all additional costs, however incurred, have been paid in full by the Client.
9. Payments can be made by bank transfer, as follows.
Account name: Karen Thorburn Photography
Bank: Royal Bank of Scotland
Account number: 00602422
Sort code: 83-15-17
Reference: please use the invoice number
Postponement
10. If the Client postpones the private tour dates for any reason, the Client and Karen Thorburn Photography shall discuss whether Karen Thorburn Photography will be available for the revised private tour dates:
a. If Karen Thorburn Photography is available for the revised private tour dates, the Client shall pay to Karen Thorburn Photography a non-refundable booking fee of fifty per cent (50%) of the total fee payable in respect of the revised dates (payable immediately) and Karen Thorburn Photography shall reserve the revised private tour dates. All monies paid by the Client (save for the booking fee for the initial private tour dates) shall be applied to the revised private tour dates. Karen Thorburn Photography’s standard fee rates are regularly revised and, if the revised private tour date falls after such a fee revision, the total fee payable by the Client to Karen Thorburn Photography shall be recalculated using the revised fee rates applicable to the revised private tour dates.
b. If Karen Thorburn Photography is not available for the revised private tour dates, the postponement will be a cancellation by the Client, in accordance with Clauses 11-14.
Cancellation by the Client
11. Should the Client need to cancel a private tour booking, then it is his or her sole responsibility to do so in writing or by email. The Client must ensure that this instruction has been received by Karen Thorburn Photography. Karen Thorburn Photography will personally contact the Client to discuss the cancellation and send confirmation of the details received.
12. If the Client cancels the private tour dates or this Contract for any reason, the Client shall pay Karen Thorburn Photography a cancellation charge on the following basis:
a. If a cancellation is made more than two (2) calendar months before the private tour dates, there will be no cancellation charge but Karen Thorburn Photography will retain the non-refundable booking fee.
b. If a cancellation is made within two (2) calendar months of the private tour dates, the Client will pay Karen Thorburn Photography the outstanding balance in full, which is fifty per cent (50%) of the total fee payable. Karen Thorburn Photography will retain the non-refundable booking fee and the final balance.
c. The cancellation charge may be waived at the discretion of Karen Thorburn Photography if the cancelled booking is replaced by a like-for-like booking.
13. The cancellation charge is immediately payable by the Client at the time of cancellation, irrespective of the reason for such cancellation. Karen Thorburn Photography recommends that the Client secure insurance to cover these and any other costs.
14. If the Client fails to arrive at the designated meeting place at the private tour start time, this will be treated as a cancellation by the Client and no refund will be provided by Karen Thorburn Photography.
Description of Services
15. Karen Thorburn Photography will provide photographic coverage of the private tour as outlined in the Private Tour Booking Form. The photography package selected is described on the Karen Thorburn Photography website in effect at the date this Contract is signed.
Limitation of Liability
16. If Karen Thorburn Photography is unable to operate the Client’s chosen private tour due to any circumstances beyond Karen Thorburn Photography’s reasonable control, including (without limitation) natural disasters, civil unrest, force majeure, injury, sickness, road closures or technical difficulties, all reasonable efforts will be made by Karen Thorburn Photography to arrange an alternative private tour package or private tour date to the reasonable satisfaction of the Client, although this cannot be guaranteed. Karen Thorburn Photography shall have no further liability to the Client for any additional losses, costs or expenses incurred as a result of any inability to attend under this Clause.
17. In the event of the Client’s private tour being cancelled by Karen Thorburn Photography for any reason other than non-payment by the Client (Clauses 3 to 5), the Client’s payment will be refunded in full. If Karen Thorburn Photography cancels the Client’s chosen private tour, all reasonable efforts will be made to advise the Client at least one (1) week prior to the private tour dates.
18. In the unlikely event of a total photographic failure or if Karen Thorburn Photography is unable to operate the private tour due to any circumstances beyond Karen Thorburn Photography’s reasonable control, Karen Thorburn Photography’s liability shall be limited to a full refund of monies paid.
19. Karen Thorburn Photography will endeavour to take and provide photographs that are specifically requested by the Client prior to the private tour date. However, due to changes in the weather, available lighting conditions, availability and willingness of subjects, Karen Thorburn Photography does not undertake to guarantee that specific photographs will be taken, nor that any specific background, location or group arrangement will be incorporated.
20. Karen Thorburn Photography reserves the right to change the private tour itinerary due to altered circumstances and conditions. Karen Thorburn Photography will make alternative arrangements as required but no refunds will be given for services or locations that are not utilised as a result.
21. Karen Thorburn Photography’s private tours can involve travel in remote areas where amenities and medical facilities are not readily available. All reasonable efforts will be made by Karen Thorburn Photography to ensure the Client’s safety and well-being. However, it is a fundamental condition of booking that the Client accepts the risks and hazards involved in visiting roadside locations, remote areas and rugged terrain.
22. Due to the adventurous nature of some private tours, the Client must, at all times, agree to comply with the decisions taken by Karen Thorburn Photography.
23. It is recommended that the Client be fully insured for the duration of the private tour. It is recommended that this covers medical expenses, injury, death and repatriation. It is advisable that the Client also has cancellation and curtailment in his or her insurance policy. It is also advisable that the Client should be insured against loss or damage to baggage and personal possessions. Participants are responsible for arranging their own insurance.
24. Personal items, valuables and baggage remain the responsibility of the Client at all times. Karen Thorburn Photography will not accept responsibility for any loss of personal items, valuables or baggage, during the Client’s private tour.
25. Karen Thorburn Photography will not accept liability for death, bodily injury or illness incurred on the Client’s private tour. Furthermore, Karen Thorburn Photography will not accept responsibility for lack of fitness, carelessness, negligence or lack of punctuality attributable to the Client.
26. If the Client has a disability, illness, phobia, allergy or dietary requirement, he or she should inform Karen Thorburn Photography at the time of booking so that Karen Thorburn Photography can provide advice on the suitability of the private tour.
27. It is the Client’s own responsibility to make travel arrangements to the private tour starting point. Karen Thorburn Photography cannot take responsibility for any travel delays encountered by the Client.
28. It is the responsibility of the Client to inform Karen Thorburn Photography of any changes to their contact details before any products, including (without limitation) USB drives, albums and wall art, are dispatched.
29. Karen Thorburn Photography is unable to accept bookings from persons under eighteen (18) years of age.
Dispute
30. Any complaints should be made within four (4) weeks of the images being supplied in writing to Karen Thorburn Photography, Glendhu Cottage, Balblair, Dingwall, Ross-shire, IV7 8LL or by email to karen@karenthorburn.com. Karen Thorburn Photography will endeavour to respond within seven (7) days.
31. The Law of Scotland shall apply in the unlikely event of a dispute arising. If the dispute cannot be resolved directly between Karen Thorburn Photography and the Client within six (6) weeks of written intimation of the dispute, both Karen Thorburn Photography and the Client shall attempt to settle the dispute by mediation. A Mediator will be selected with the assistance of the Law Society of Scotland. If mediation is unsuccessful, the Sheriff Court in Inverness shall have jurisdiction.
Privacy
32. Karen Thorburn Photography will store the Client’s details on a private internal database. These details will not be made available to companies or individuals outwith Karen Thorburn Photography. The only exception to this is where the Clients have ordered an album or other product to be delivered by post or by courier. Karen Thorburn Photography will provide the Client’s postal address, email address and telephone number to a trusted courier so that the product(s) can be delivered to the Client.
Photographic Rights
33. Karen Thorburn Photography shall have creative licence in relation to locations, poses used, judgement on photographic style, the number of photographs taken and the colour and style of images and their presentation including any cropping for wall art design.
34. Within eight (8) weeks of the private tour dates, Karen Thorburn Photography will provide the Client with an online gallery of the photographs taken on the private tour for their consideration.
a. The Client will receive their images via a digital download link. The Client may also choose to purchase a USB drive. If the Client loses the digital files or they become damaged, Karen Thorburn Photography may be able to provide replacement copies at a reasonable charge. However, Karen Thorburn Photography cannot guarantee that any copies of any photographs will continue to be available after the initial digital files are provided to the Client and strongly recommends that the Client makes their own back-up copies of any digital photographs received.
b. Copyright (whether under the Copyright, Designs and Patents Act 1988 or otherwise) in the photographs taken by Karen Thorburn Photography on the private tour date shall belong to Karen Thorburn Photography, subject to the following provisions:
c. Karen Thorburn Photography shall have permission to use any and all photographs for any purpose including (without limitation) display, exhibition, competition, internet, television and/or and printed media publications for the promotion of Karen Thorburn Photography.
d. The Client shall be entitled to make copies of any photographs provided by Karen Thorburn Photography for their own personal use or for distribution to friends and family members. However, the Client agrees that they shall not use (and shall not permit any other to use) any Karen Thorburn Photography photograph for any commercial purpose or in any publication (including, without limitation, publication on any public website) without the prior written consent of Karen Thorburn Photography. Furthermore, the Client agrees that they shall not edit the images by, for example, applying filters or cropping.
Digital Agreement
35. By completing this online form, the Client hereby agrees to enter into a contract with Karen Thorburn Photography as detailed above. Any Client making a private tour booking on behalf of others accepts that all persons covered by the booking are bound by this Contract. This Contract is subject to normal terms and conditions as a written contract would be.
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