Terms and Conditions

 

Terms & Conditions

Please scroll down to the section that applies to you:- 

1. Advertising.  2. Corporate photography Training.  3. One to one (and group) photography Tuition.  4. Industrial Commercial & Corporate Photography  5.a) UK Shop.  5.b) International Shop

1. Advertising

General Advertising Terms.
All of our applicable terms; and terms of agreement; for Industrial, Commercial and Corporate Photography in section 4. (below) ( but excluding “rates”) apply. We (dSider, Bill Bagshaw & M. Williams or anyone acting on our behalf) shall not be liable for any direct or consequential loss or damage suffered by the Client or any third party through any  delay in completing the order; or non completion of the order; or downtime of the website; or mistakes, however caused. We can accept no liability whatsoever; either direct or consequential; for any mistakes, errors or omissions in both free lineage listings and paid for advertisements.

We do not accept advertising (either free or paid for) from/for Search Engine Optimisation  companies, illustrators, artists, framers, website designers,  advertising agencies, amateur photographers, photographers, photography courses, graphic designers.   We do not accept; at our sole discretion; advertising from any person or organisation which we feel is detrimental to the aims and objectives of dSider and/or Bill Bagshaw/M.Williams.

Copyright. You agree that you have copyright consent to use any images, artwork or fonts you supply to us for use in your advert/s.   You agree to absolve us from any responsibility whatsoever for use of non copyright free images, artwork, or fonts supplied by you; and that you yourself  are solely legally responsible for any such copyright infringements and that you will bear all the costs (including any costs incurred by us in this respect) of any such resulting prosecution or legal correspondence.

Free Accommodation lineage listings, free appeals, and any form of free listings.  All of the terms and conditions in this section (Advertising)  also apply to these categories.  We reserve the right to refuse free lineage adverts at our sole discretion. We can accept no liability whatsoever; either direct or consequential; for any mistakes, errors or omissions in free lineage listings. All of the general advertising terms above apply to free lineage listings.

2. Corporate Photography Training arranged by large companies for more than one trainee.

Corporate training for several individuals is subject to our industrial/commercial/corporate photography rates  and terms (see section 4.) and also to all applicable terms of our  one to one photography tuition conditions listed below in section 3.   :-

3. One to One Photography Tuition and shared (more than one person) Tuition

Payment
The person confirming the booking  must be over 21 years of age, and must have the authority and responsibility to accept all the conditions.   Payment should be made through this website. The checkout takes payment by paypal.  Payment in full is required to confirm your booking.

We do not accept debit or credit cards. If you are unable to pay by paypal you can also contact us to pay by bank transfer or cheque.
Cheques must have fully cleared before tuition can occur.
By paying using any of these payment methods (and also by advance cash payment in person) you are agreeing to our terms and conditions on this page.

Bookings
All booking dates are only valid after we have confirmed them with you by email. In the unlikely event that our system makes a double booking; and we cannot fulfill your date/s; you will be offered either an alternative date or a full refund depending upon your wishes.  If for reasons of  illness, force majeure, family emergencies, crisis situations, etc. we are unable to fulfill your confirmed booking you will be offered either an alternative date or a full refund depending upon your wishes.  If you are on holiday we recommend that you purchase your own travel/holiday insurance.

Booking Date
Any booking date you enter on our website forms is only a provisional indication of your required date. You need to  confirm with us by email that your date is mutually convenient. (i.e. you cannot specify your  exact date of tuition without prior written agreement from us)

Location of Tuition
The option of tuition other than at our premises is only available under either:-
1.  Special arrangement   (to include our additional costs and travelling time ) OR
2. Exceptional circumstances (such as substantial disability) (only available on Royal Deeside at our sole discretion).

Children and persons under age 18, and minimum age
Students under the age of 18 are ineligible for 1:1 tuition due to The UK Child Protection Act, and must therefore be accompanied by a bona fide parent or guardian. Children under the age of 18 must be of minimum secondary school age and be of a responsible nature/disposition. (subject to special arrangement)

Definitions
“A child” is anyone under the age of 18, as defined by UK law.   “A parent or Guardian” is the person legally responsible for anyone under the age of 18.
   A  photographer who uses someone else’s child as a model is not their Guardian, and a bone fide parent or guardian must accompany anyone under the age of 18. “We”, “us” and  “our” within this document refers to dSider, Bill Bagshaw & M.Williams, or anyone acting upon their behalf.

Arrival and departure time
Our days run from Monday to Friday inclusive starting at 9.30 a.m. and finishing at 4.30p.m.  (with an hours break for lunch).
Weekend tuition is only available by special arrangement at our sole discretion.    No  use of our equipment, tuition and facilities can be had outside of these times; unless by special arrangement.

Use of your own props if you are doing studio work
If you are doing a studio photographic lighting topic you are welcome to bring your own reasonably sized props to the studio but subject to the following conditions:-

We reserve the right to refuse admittance to any props which in our sole discretion are excessively flammable, large, rough, heavy, or are otherwise inappropriate or likely to cause damage or danger within the studio.
We accept no responsibility whatsoever for the safe keeping of your props.
The use of trampolines is not permitted in the studio.
You are not permitted to bring along props for non studio based topics (e.g. “Master your Camera”, Composition, etc)

Topics
We cover all topics relating to visual communication in still images (photography).
We do not do video tuition (videography).

Removal of items from the studio or other  tuition areas.
No items whatsoever may be removed from the studio or other tuition areas.  Our equipment and items must not be used outside the studio or other tuition areas.    We do not hire out items to be used outside the studio under any circumstances.

Modification of lighting set ups during studio use
Users of the studio must not change reflectors on our lighting equipment, or change lighting set ups.  Help will be given  to do so.  Flash tubes are very fragile and very expensive to replace. Any breakages caused by the student will be charged at new replacement cost price. 

Maximum number of persons allowed in the studio
We are unable to cater for more than 2 students on a 1:1 session at a time (the second person being either a partner/spouse, friend, or a responsible son/daughter of minimum secondary school age), other than by special arrangement. 

Behaviour and proof of age.
Persons under the age of 18 must be accompanied by their parent or guardian, to comply with The Child Protection Act; proof of age may be required for students aged 18 or over. Behaviour  must not be excessive or rowdy. Offensive or illegal behaviour will not be tolerated.    We reserve the right to refuse or terminate tuition to anyone found attempting to copy our content in order to set themselves up as our competitors. The playing of excessively loud music is not permitted. The definition of “excessive” is at the owners sole discretion.

Gift Vouchers
Gift vouchers allow the recipient to organise  photography tuition with us on a mutually convenient date during our normal working hours only.
( Our days run from Monday to Friday inclusive starting at 9.30 a.m. and finishing at 4.30p.m.  – with an hours break for lunch).
As stated above under “Arrival and departure time” weekend tuition is only available by special arrangement at our sole discretion. (i.e. If a specific date/day is required you must discuss and confirm this with us prior to the purchase of of a gift voucher).
It is the responsibility of the sender of the gift voucher to notify the recipient of the gift voucher about our terms and conditions.   Both the recipient of the gift voucher; and the sender of the gift voucher; shall be bound by the terms and conditions on this page.  All our terms and conditions apply directly to the recipients of gift vouchers even though they are not the original purchasers of the tuition.  As is common practice our Gift Vouchers expire one year after their date of issue . It is the responsibility of the gift voucher recipient or the gift voucher sender; to arrange a mutually convenient tuition date with us; before the gift voucher expires.  Gift vouchers are only valid for the named recipient/sender and not for third parties (however on request we can authorise a change of recipients name).  We do not give refunds on gift vouchers, or on expired gift vouchers.

Breakages
You are responsible for the cost of any damage or breakages of our photographic equipment and accessories you cause by dropping, striking, scratching, exposure to liquids/powders or other inappropriate handling.  You must report and pay to the owners the cost of any damage or breakage.

Liquids & Powders
Drinks and other liquids must not be bought into close contact with any photographic or lighting equipment, any electrical device, or any photographic accessories.  In the event of outdoor use of our equipment  all photographic devices should be protected from rain. No liquids or powders should be used for any purpose in the studio.  It is not permitted to remove any form of equipment whatsoever from the studio, or from other tuition areas.

Connecting your camera to our flash units
Do not connect your digital camera directly to any of our flash units unless you are absolutely positive your camera will take the trigger voltage.  Digital cameras are notorious for their low trigger voltage capability, particularly the hot shoe contacts. We have an indirect way of triggering flash  please seek advice first. We cannot accept any responsibility whatsoever for trigger voltage damage to your equipment.

Flammable objects, gases and paints
No highly inflammable liquids/objects/props, aerosol sprays or gases should be bought into the studio. If items are sprayed with aerosol paint to change their colour this should be done outside the studio in a safe (and safely ventilated) area away from heat sources, electrical devices, lighting and camera equipment.

Complaints
In the event of there being cause for complaint the matter should be taken up immediately with us; whilst you are still with us; so that remedial action can be taken if required. In no circumstances will compensation be made for complaints raised after the tuition has finished when the student has denied the owners the opportunity of investigating the complaint and endeavouring to put matters right during the tuition.

Clothing
We strongly recommend that you do not wear your best clothes in the photographic studio. Paint and other items which could stain or damage clothes are frequently used or encountered in photographic studios. We cannot be responsible for any damage to your clothing howsoever caused. Photographic studios are very difficult places  to heat and cool, if you think there is a chance of being cold always bring warm extra layers of clothing. Conversely when using tungsten lighting or during the summer the studio may become hot.

If you are doing an outdoor topic then stout clothes and walking boots are recommended. We cannot accept any responsibility for temperature or weather variations, and you should come prepared for all weather eventualities.

Liability
We can accept no liability whatsoever for any accident loss or damage to your props, jewellery, photography equipment, computer, mobile phone, memory devices,  ipad, tablet, ipod, etc, clothing or other belongings; unless such loss is demonstrably due to our negligence.  Your use of photographic equipment outside during wet or inclement weather is entirely your own responsibility, and we cannot accept liability for any such damage to your equipment. We can take no responsibility for items left overnight if you are returning the following day, or for items left over the lunch period, or for items you forgot to take away with you. We cannot be held responsible for any loss of electric power or other failure of public services (e.g. water) or any other disturbance which is beyond our control. In all cases the liability to you for the cost of all claims arising out of your booking is limited to the cost of the booking.      It is your responsibility to insure any of the above valuables, props/items you bring to your photography tuition session.  We cannot accept any consequential or travel loss should we be forced by any circumstances to cancel your booking or were unable to be present at the time of your booking – in all such cases our liability to you is solely to refund your payment to you. Should we be forced to cancel only part of your booking; after it has already commenced; we shall only refund to you the part of the booking that has not been fulfilled.

Computer Breakdown or loss of facilities during tuition
Most of our tuition topics are not computer dependent, however in the unlikely event of computer breakdown affecting your tuition we will offer either a pro rata or full refund dependent upon the time at which the breakdown occurred, or offer you an alternative pro rata clinic if you so desire, or offer an alternate pro rata date if you so wish when the equipment is functional.   We cannot be held responsible for any consequential loss or traveling expenses as a result of computer breakdown or any other form of breakdown or loss of facilities.

Lunch
To keep the cost of our tuition at a reasonable price we do not provide lunch. However tea and coffee making facilities are available.

Accidents & Mobility/Walking Ability
If you are using our studio you will be briefed upon safety procedures and must adhere to them. We can accept no liability whatsoever should you trip, fall or otherwise injure yourself either on location or in the studio.  You should always act responsibly and decline, for example, to walk a certain route if you feel it is not within your capabilities.  If you feel that walking a certain route during  a tuition session is outside your capabilities you must say so at the time.  Disabled enquiries are welcome.

Breaking the terms and conditions & abusive threatening, etc, or illegal behavioiur
Offensive, violent, abusive, threatening, intimidating, or illegal behaviour; or disregarding safety procedures; or other major infringements of the terms and conditions will not be tolerated. Such a failure to comply with the booking conditions, may result in the party (ies) being asked to leave immediately; if at our sole discretion we feel the conditions have been infringed sufficiently to make continuation of the tuition non viable.   If such an instance were to occur there would be no refund/s of tuition fees..

Theft
On your part it is totally your own responsibility to insure and take care of your personal possessions – as outlined elsewhere on this page we accept no liability whatsoever for theft. On our part we would prosecute thieves, or persons unlawfully using or misappropriating our copyright materials.

Cancellation
We strive to be fair; and given sufficient notice; organise alternate dates on which your payment can be used.

However if cancellation is inevitable; or if we are unable to reschedule the tuition within the dates you wish ; we reserve the right to apply the following conditions:-    Cancellation of tuition of duration  1-2 days will result in the loss of £295 of the total  booking fee. Cancellation of tuition of duration  4-5 days will result in the loss of £495 of the total  booking fee.  Cancellation of tuition of less than one days duration will result in loss of all fees paid.           Not turning up on your booked date without telling us will count as a cancellation.

Smoking & Pets
We operate a strict no smoking, no pets policy.

Insurance
If you are on holiday, traveling a long way, or have other overheads associated with your tuition; you are strongly advised to take out appropriate insurance.  It is your responsibility to insure any valuables, jewellery, props, photography equipment, personal items, computers, etc you bring to your photography clinic.

Disability
Any person needing substantial disabled facilities must advise us in advance prior to the booking; to enable us to put in place appropriate arrangements; if they are reasonable or practicable.  Such arrangement can only be put into place if they are both reasonable and practicable for us to fulfill.  If we are not advised of a disability well in advance we cannot put into place any such arrangement. It is your duty under these terms  and conditions to advise us well in advance regarding the disability of anyone receiving our tuition.

Topic Suitability
If we find (at our sole discretion) that you have insufficient basic knowledge to undertake a more advanced topic, then we reserve the right to change the topic  to enable you to understand basic camera skills.

Alteration of terms and conditiosn
We reserve the right to modify our terms and conditions at any time, at our sole discretion

Paypal
Paypal charge us for every paypal transaction; we cannot refund these paypal charges for any transaction.

Disputes
Any disputes will be resolved under English or Scottish Law.  We reserve the right to choose whether to apply Scottish or English law at our sole discretion.

We (dSider, Bill Bagshaw & M. Williams or anyone acting on our behalf) shall not be liable for any loss or damage suffered by the Client or any third party through any  delay in completing the tuition; or non completion of the tuition; howsoever caused.

4. Industrial, Commercial and Corporate Photography

Terms of agreement

“We,” “our,” and “us,” refer to dSider, Bill Bagshaw/Martin Williams and anyone officially acting on their behalf.

“You,” “your,” “client,” and clent’s,” refer to the official representative of the company or organisation and it’s employees; and hence refer directly to the company or organisation itself in entirety.

“Your company” refers to the company, entity or organisation commissioning our photography.

We reserve the right to change or modify our rates, and terms & conditions at any time.

Rates

Please scroll to the bottom of this page:-

industrial/commercial/corporate photography rates

We reserve the right to change or modify our rates and conditions at any time.

Copyright

All images and artwork we produce are strictly our copyright at all times, throughout the world.

We grant you use of paid for images solely for use within your own company.    You have no rights whatsoever to use or reproduce our images if our fees have not been paid in full.  We reserve the right not to send you high resolution images until your invoice/s has/have been paid in full.  We further reserve the right not to send you low resolution images or proofs if your invoices has/have not been paid in full.

You; and your employees; are only authourised to make copies , of any images purchased from us  within your company.and not outside it.  i.e. your own corporate media (stills, video, slideshows, printed items), company emails, company website and company advertising.

You are not authorised to make artists impressions or derivatives of our images; or otherwise modify them in any way which is an attempt to avoid our copyright

Reproduction rights are not transferable to any other company organisation or individual whatsoever.

On the Client’s bankruptcy or death or (if the Client is a company) in the event of a  Petition,  Order or Resolution, for winding up being made against it, or if a Receiver is appointed, we can take steps to inspect the clients records or books  to ensure that the images are used solely in accordance with the reproduction rights granted to the Client.

Excepting your own company media as outlined above both you and your employees are not authourised to copy or distribute our copyright images. This includes all forms of  (non company) printed media,  digital & online media, websites, blogs, flikr, facebook, email, downloads, uploads, posting, photo sharing groups, file sharing, hosting, forums, chat rooms, slideshows, videos, films, presentations, storage devices, discs, digital frames, etc.

Bill Bagshaw/Martin Williams asserts both his moral right to be identified as the author of his work, and the right to a credit to be asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.

The Client agrees to indemnify us in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by us.

Copies of printed works and media involving our images

In the case of printed publications, three copies of the relevant pages (or complete brochures) containing any image supplied  by us is to be sent to us free of charge within two weeks.      In other media, evidence of use must be made available if requested.

Arrival Times cancellations & equipment failure

If upon arrival at the specified time we are unable to proceed with the agreed job due to factors either within your control, or caused by weather, your equipment/power failure, etc (including subjects not being present/ready; or subjects not being of the required standard to fulfill the brief) a  fee of one half day fee will be applicable.  (This will be in addition to any other special conditions such as working outside the Aberdeen/Royal Deeside area, and other arranged hire, personnel, travel, accommodation, or consequential expenses whatsoever incurred by ourselves)

We cannot accept any responsibility whatsoever for our late arrival, our non arrival, our equipment failure, misunderstandings, loss/theft, force majeure or any other reason why we have been unable to fulfill your brief.   In all such cases we will endeavour to pursue the brief on another date if this is feasible (and does not involve us in any additional expenses whatsoever including travel, accommodation, equipment, personnel, insurance, etc).  We cannot accept any direct or consequential loss on your part whatsoever if we fail to fulfill your brief for any reason whatsoever, including those outlined above.

General & Safety

You are responsible for any injuries or death to us or our personnel at your premises or location/s and during use of your transit/transport facilities.  We do not accept commissions in hazardous locations unless safety facilities for our complete protection are in place.  It is your responsibility to enforce all relevant safety criteria and current U.K. safety legislation shall apply, together with any other special location legislation.  We reserve the right to not proceed with a job if (in our sole opinion)  it is unsafe to do so – in this case you will still be liable to all our agreed costs.

You are responsible for the cost of replacement for any damage or breakages to our photographic equipment and accessories, props, clothing, etc., which is demonstrably your fault.

Late or non payment

A non refundable fee of £20 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuit of an overdue debt.

We reserve the right not to send you images and/or high resolution images until your invoice has been paid in full.

Disputes

Any disputes will be resolved under English or Scottish Law.  We reserve the right to choose whether to apply Scottish or English law at our sole discretion.

We (dSider, Bill Bagshaw & M. Williams or anyone acting on our behalf) shall not be liable for any loss or damage suffered by the Client or any third party through any  delay in completing the order; or non completion of the order; howsoever caused.

5. a) UK Shop Items 

UK shop and gallery shop are now suspended until further notice.

UK shop items are only available to UK residents. If you live outside the UK you must use the International Shop. (The international shop is listed in the website page menu as “Gallery/Shop”)

Any transactions you make in the International Shop are NOT  with us but with a separate vendor – we have no connection with and no liability for these transactions. whatsoever.

If you live outside the UK and use the UK shop your order will be cancelled. In this case we will refund your payment less charges made by paypal for both the initial payment and the refund.

Paypal charge us for every paypal transaction; we cannot refund these paypal charges for any transaction. ( Paypal charges are applicable both to the initial payment and to the refund.)

Please allow up to ten working days for the delivery of your items. Bear in mind that frames have to be specially made to your chosen size.

All images are strictly copyright. You are not authorised to make copies or derivatives, reproduce, or redistribute any images purchased from us in any form whatsoever (including all forms of printed media, digital & online media, websites, blogs, flikr, email, downloads, uploads, posting, photo sharing groups, filesharing, hosting, forums, chat rooms, slideshows, videos, films, presentations, storage devices, discs, digital frames, etc)

Items are delivered by courier, and should be signed for as being received in good condition. Once you have signed for receipt of your goods in good condition we cannot accept any claims for damaged items. We cannot accept any consequential loss associated with either late delivery; or consequential loss  associated with the replacement of any  items which are found to be damaged at delivery. Should you not be in to receive delivery; on our normal courier service; a card will be left for you with contact details to phone the courier and arrange another date for delivery.

Should your area be remote from our normal destinations and pricing policy (e.g. remote places, remote islands) additional delivery costs may be incurred. Should this situation arise we will contact you; and you will have the option to either cancel the order, or accept the higher delivery cost -in this instance (accepting higher delivery cost) you may have to pay an additional insurance cost for a different form of delivery.  We (dSider, Bill Bagshaw & M. Williams or anyone acting on our behalf) shall not be liable for any loss or damage suffered by the Client or any third party through any reasonable or avoidable delay in completing the order howsoever caused.  The “definitions” section further down the page also applies to UK  shop items.   This notice does not affect your statutory rights relating to the supply of goods and services.

5. b) International shop items. now suspended until further notice

Any transactions you make in the International Shop are NOT  with us but with a separate vendor – we have no connection with these transactions whatsoever.  We do not accept any liability and/or  consequential liability for Internatiomal Shop transactions whatsoever.   The international shop is listed in the website page menu as “Gallery/Shop”.   For the purpose of these terms and condition “Gallery/Shop” and “International Shop” are one and the same item, with no liability accepted by us for these vendor transactions whatsoever.