TERMS AND CONDITIONS

If you are interested or buy a photograph for commercial use please see these terms (may be updated at any time)

Jan 01, 2020


TERMS AND CONDITIONS

1. DEFINITIONS For the purpose of this agreement "the Agency" and "the Advertiser" shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Photographer's client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both "the Agency" and "the Advertiser" shall be interpreted as references to the Photographer's client. "Photographs" means all photographic material furnished by the Photographer, whether transparencies, negatives, prints or any other type of physical or electronic material including digital files.

2. COPYRIGHT The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

3. OWNERSHIP OF MATERIALS Title to all Photographs remains the property of the Photographer.

4. USE The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer's express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'all media' Licence is granted, the photographer's permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sub-licensing through a photo-library. Permission to use the Photographs for purposes outside the terms of the License will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.

5. PROMOTIONAL USE 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. INDEMNITY The Photographer shall only be responsible for obtaining clearances for third party copyright works, trade marks, designs or other intellectual property if this has been expressly agreed before the shoot. In all other cases the Agency 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.

7. PAYMENT Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.

8. EXPENSES Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency 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 shown overleaf as having been agreed or estimated.

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

10. 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.

11. STORAGE OF PHOTOGRAPHS Upon receipt of Photographs, the Agency accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read files provided. It is the responsibility of the Agency to make sure that digital files are copied to new media as required.

12. RIGHT TO A CREDIT The Photographer asserts the right to be credited as the author of the Photos in accordance with sections 77 and 79 of Copyright, Designs and Patents Act 1988. Any unauthorized reproduction of any Photos will constitute a breach of copyright.

13. LIABILITY Our entire liability for any breach of this Agreement or any representation, act or omission (including negligence) shall be limited to our fee in relation to the Photo Services and we shall not be responsible for any special, indirect or consequential or pure economic loss, costs, damages, charges or expenses. The limitation on liability shall also apply in the event that Photos are lost through equipment malfunction, are lost in the mail or otherwise lost or damaged where the Photographer is not liable.

14. APPLICABLE LAW This agreement shall be governed by the laws of the United States of America.

15. VARIATION These Terms and Conditions shall not be varied except by agreement in writing.


Orca diving in front of Point Vicente Lighthouse

PHOTOGRAPHY COURSE TERMS AND CONDITIONS

1. COURSE FEES The course fee for public classes will be charged per participant for the entire course. Fees vary in accordance with the course level, duration, and delivery method. A listing of course schedules and related fees are available on our website. Unless otherwise noted, course fees permit attendance to the entire class session(s) specifically designated for that course, date, and time period and any materials that have been created for all participants with the express purpose of facilitating the learning within the course. Any classes missed by the participant, through no negligence or technical issues caused by BLUE CLOUD PHOTOGRAPHY, remain the responsibility of the participant, and “make-up” sessions are not available as part of the original fee paid.

For on-site classes, fees do not include the cost of travel, accommodation, food, or any other extra services. We do not take responsibility for non-refundable airline tickets.

Any discounts that may apply as part of an agreement or special promotion cannot be combined, unless specifically granted by BLUE CLOUD PHOTOGRAPHY. BLUE CLOUD PHOTOGRAPHY reserves the right to review and change course fees without notification.

However, course dates that were booked prior to the price change, and for which BLUE CLOUD PHOTOGRAPHY have received valid payment; will be honored at that fee that was applicable at the time of booking.


2. REFUNDS AND CANCELLATIONS: Our goal is to provide a fun and professional learning environment that fosters a positive experience and builds a strong relationship with Blue Cloud Photography's customers. Unless otherwise noted, all classes require advance registration due to limited seating and/or availability.


3. CANCELLED COURSES: Blue Cloud Photography may cancel or reschedule a training course if the number of participants is less than that specified for the relevant event, or if an instructor is incapacitated through illness, or for other reasons of a serious nature. Should this be the case, all monies will be refunded in full. Blue Cloud Photography shall not be liable for non-refundable travel arrangements if any course, event, workshop, lecture or expedition is cancelled or rescheduled. Unless otherwise specified on the course website, refund requests for single-day classes and events must be submitted via email 7 days prior to a course. If a cancellation or rescheduling request is received less than 7 days before the event, or in the case of absence without any notice, no refund will be issued. The customer has the right to send another participant as a substitute and must communicate via email with this change. There are no refunds for partial use of services or partial attendance. Certain specific courses require more than 7 days prior notice for a refund to be granted. The information and restrictions regarding refund requests contained in each course listing description concerning refunds shall apply.

Additional Terms and Conditions for Blue Cloud Photography Multi-Day Travel Workshops and Expeditions.

1. Deposit and Payment: The price of the travel workshop is a per person price for adults 18 years and older based on double occupancy (2 people per room) (unless otherwise stated. Further restrictions may apply.). A non-refundable deposit as specified on the website for each specific workshop is required to confirm a reservation.

The balance of the workshop fee is due 75-90 days prior to departure, as specified on the website for each workshop. If the balance is not paid when due, Samy’s Camera reserves the right to regard the reservation as cancelled. If enrolling within 75 days of the departure date, 100% of the workshop fee is due at the time of enrollment.


2. Cancellation and Refunds for Multi-Day Travel Workshops and Expeditions: Blue Cloud reserves the right to cancel any workshop for any reason. In such an instance, we will refund all payments received, which will constitute full settlement. Blue Cloud reserves the right to accept, remove, retain or decline any trip member at any time for any reason. In such case, a refund equal to the actual cost of the unused services is the limit of Blue Cloud Photography's responsibility.

3. Insurance: We encourage all participants to purchase third-party insurance as we do not take responsibility for any non-refundable travel purchases including but not limited to non-refundable, non-changeable airline tickets. If you must cancel a multi-day travel workshop in which you enrolled, the following fees and restrictions will apply unless otherwise stated on the specific workshop website:


4. Cancellations Fees Per Person: An attendee who cancels a multi-day travel workshop 90 or more days prior to the start date of the workshop will be charged a non-refundable deposit fee as specified on the workshop website. An attendee who cancels a multi-day travel workshop 89-76 days prior to the start date of the multi-day travel workshop will be charged 50% of the total price of the workshop or the non-refundable deposit fee, whichever is higher. There will be no refunds given for any cancellations of multi-day travel workshops made 75 days or less prior to the start date of a multi-day travel workshop.


Course Copyright / Intellectual Property Rights:

The copyright in and all other intellectual property rights relating to the course documentation, and any other training materials provided to the course participants, are solely owned by and hereby reserved to Blue Cloud Photography. Under no circumstances may the whole or any part of the course documentation be produced or copied in any form or by any means or translated into another language without the prior written permission of Blue Cloud Photography.

Training materials are defined to also include all electronic knowledge products or learning systems, which have been given to the participant on a storage device or made accessible via the Internet.

Offenders are liable for payment of damages. Blue Cloud Photography reserves the right to amend the content of any course without notice to the participants where, at the sole discretion of Blue Cloud Photography, such amendment is deemed not to fundamentally change the content of such course.


Rules of Participation:

Each student attending Blue Cloud Photography courses shall comply with all regulations and procedures established and communicated for the course. Software made available by Blue Cloud Photography for training purposes must not be removed, nor may it be copied either wholly or in part or rendered useable in any other form for which consent has not been obtained.

Course materials provided by Blue Cloud Photography are intended for training purposes only.

Participants are requested to come to the training site 15 minutes before the start of class.

The customer shall remain responsible for his or her activities and behavior during a Blue Cloud Photography course.

The customer is liable to pay for any damage that is caused by their participant to any property belonging to Blue Cloud Photography.


Computer equipment may not be used at any time for non-course related purposes, and are not intended to provide Internet access.

Participants must not access or attempt to access any Blue Cloud Photography computer-based data that is not specifically part of the training course.


Mobile phones must be switched off during class, and calls may only be made or received during class breaks so as to not disturb the instructor(s) and/or other participants.


Blue Cloud Photography reserves the right to exclude (a) participant(s) from attending any course due to disorderly conduct, failure to observe any of Blue Cloud Photography's rules of participation.

No refund of fees shall be paid to the participant in such circumstances.


Email or Other Registration: If you register for any of our courses, workshops and events or to receive our newsletters we will collect your email address. If you send us an email we may retain your email address. We may use the information you provide to contact you, to respond to inquiries or to provide information about our products or services to you. You may unsubscribe or change your email address for email promotions at any time by following the instructions mentioned prominently within each email promotion.


Disclosure of Your Information: We will never sell or give your personal information to marketers or solicitors.

We may disclose your personally identifiable information to unaffiliated third parties if: (1) you request or authorize it; (2) the information is provided to help complete a transaction for you; (3) the information is provided to comply with the law, applicable regulations, court orders or subpoenas, to enforce our Terms of Use or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others (e.g., to a consumer reporting agency for fraud protection etc.); (4) the disclosure is done as part of a purchase, transfer or sale of services or assets (e.g., in the event that substantially all of our assets are acquired by another party, customer information may be one of the transferred assets); (5) the information is provided to our agents, outside vendors or service providers to perform functions on our behalf (e.g., analyzing data, providing information verification for fraud prevention, providing marketing assistance, providing customer service, processing orders, etc.); or (6) to others as described in this Privacy Policy.


Blue Cloud Photography Assumption of Risk, Waiver, and Release from Liability for Participation in Programs, Events, Workshops and Classes: In consideration of my upcoming participation in the program, class workshop or event offered, sponsored and/or organized by Blue Cloud Photography (including any affiliates, officers, employees, agents, contractors or licensees, collectively referred to hereinafter as “Blue Cloud Photography”) and related use of the property, equipment, facilities and/or services provided through such program, class, workshop or event, including travel related thereto, (hereinafter collectively referred to as the “Program”) you, the attendee agrees to the terms and conditions in this Assumption of Risk, Waiver and Release from Liability (referred to below as this “Agreement”) as follows:

1. RISK FACTORS. You understand and acknowledge that the use of property, equipment, facilities and/or services provided through the Program, may involve risks such as, but not limited to, risk of property damage, theft, bodily injury and possible death, which might result from the use of equipment or facilities, from the activity itself, from the acts of others, or from the unavailability of emergency medical care. Additional risks may include but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, alcohol consumption by participants and actions of other individuals.

2. ASSUMPTION OF RISK. You assume all risks (including known and unknown) that arise out of the use of the equipment, the facilities, the activity itself, the act of others and/or the unavailability of emergency care, including but not limited to, those risk factors described in section 1 above. Your participation in this Program is purely voluntary; no one is forcing you to participate and you elect to participate in spite of all known and unknown risks.

3. PREREQUISITE SKILLS AND PHYSICAL FITNESS. You acknowledge that you have the requisite skills, qualifications, physical abilities, and training necessary for proper and safe use of the equipment and facilities and to participate in the Program itself. You certify that you are physically fit, you have sufficiently prepared or trained for participation in the Program and a qualified medical professional has not advised you to refrain from participating in the Program. You certify that you have no health-related problems/reasons that preclude participation in the Program. You agree that if you have any questions as to what skills, qualifications or training is necessary to properly use the equipment, facilities, services and/or to participate in the activity itself, you will direct such questions to the appropriate Blue Cloud Photography employee or representative.

4. RELEASE. You waive, release and discharge Blue Cloud Photography from any and all liability, including but not limited to, liability arising from the negligence or fault of Blue Cloud Photography's for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, including traveling to and from the Program.

You agree not to sue Blue Cloud Photography on account of or in conjunction with any claims, causes of action, injuries, damage, cost of expenses arising out of the Program (including traveling to and from), including but not limited to those based on death, bodily injury, disability property damage or theft whether or not caused by the acts, omissions, negligence or other fault of Blue Cloud Photography.

You acknowledge that Blue Cloud Photography is not responsible for the errors, omissions, acts or failure to act of any party or entity conducting a specific Program on behalf of Blue Cloud Photography.

Blue Cloud Photography will not accept liability for any damage that may result from possible viruses on copied file disks or other external file storage devices.

1. WAIVER. You waive the protection afforded by any statute or law in any jurisdiction including California Code 1542 whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time of executing the release. This means, in part, that you are releasing unknown future claims.

2. INDEMNIFY AND DEFEND. You agree to indemnify and defend Blue Cloud Photography (also referred to below as “indemnitee”) against, and hold Blue Cloud Photography harmless from any and all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the Program or this Agreement which include but are not limited to damages to or destruction of any property of the indemnitee, of any others, my injury or death or anyone else or any liability arising from the act or negligent act of the indemnitee, yourself or anyone else.

3. PAY. You agree to pay for any and all damages you have caused either negligently, willfully, or otherwise to any property or individual during the Program (including travel to and from).

4. REPRESENTATIVES. You enter into this Agreement for yourself and your heirs, assigns and legal representatives.

5. EMERGENCY TREATMENT CONSENT. You, as a participant in the Program, hereby consent to medical treatment in a medical emergency where you are unable to consent to such treatment.

6. INSURANCE. You understand that Blue Cloud Photography does not carry participant insurance. You understand that you are encouraged to have a physical examination and to purchase health insurance prior to any and all participation.

7. IMAGES. You understand that you might be photographed and/or filmed at the Program and/or related activities. You hereby consent to being photographed and/or filmed at the Program and/or related activities. You understand that any image or images (including any video or film), containing my likeness taken during the Program and/or related activities (hereinafter the “image”) are the property of Blue Cloud Photography, and may appear in various publications, modes of communication, advertising and social media including but not limited to the Blue Cloud Photography website, Instagram, Twitter, Facebook and other such media.

Registration for any event on this site grants Blue Cloud Photography and the photographer of the image the following worldwide, irrevocable rights, in perpetuity: to use and re-use, publish and re-publish, disseminate, modify or alter, and copyright such images of you, or in which you may be included.

Use of such images of you for editorial, commercial, trade, marketing, advertising, or any other purpose may be made in any medium now existing or subsequently developed. You waive your right to inspect or approve any such images of me and/or any editorial matter or advertising copy that is used in connection with any such images.

Your registration in any event grants Blue Cloud Photography the right to sell by auction or any other mode of sale the images as determined by Blue Cloud Photography in its sole discretion.

You hereby waive all rights to any kind of compensation for Blue Cloud Photography's use and/or sale of the images. You release and discharge Blue Cloud Photography and the photographer from any and all claims arising out of use and/or sale of such images by Blue Cloud Photography and the photographer for the purposes described above, including any claims for libel, copyright violation, invasion of privacy and compensation. In the event that you share any photograph(s) with Blue Cloud Photography via email, social media, hard-copy or otherwise, which was/were taken during the Program, you hereby agree that you will have no expectation of privacy with regard to any such photograph(s). You furthermore hereby agree that any such photographs may be used or reposted by Blue Cloud Photography at any time on any social media sites, including but not limited to Facebook, Instagram and Twitter without any compensation to you or any photo-credit or acknowledgment and without violation of any of your intellectual property rights, including copyright.


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