Terms and Conditions
Parties
Service Provider shall be Rory Baker Photography trading as My Photo School and or My Photo School Online from address 7 Flack Place, Durban North, 4051, KwaZulu-Natal, South Africa. Herein referred to a “SCHOOL”.
The person or persons making a purchase or booking or reservation will here-in be known as “CLIENT”.
Acceptance of Terms and Conditions
By accessing this Website or making an online purchase or registering for a course or workshop whether online or manually the CLIENT is deemed to have read and agreed to these terms and conditions and agrees, as far as what is related to him/her, to be bound to such terms and conditions. If you do not agree to these Terms, please do not use or access the Website.
The SCHOOL reserves the right to update or modify these Terms and Conditions at any time by publishing a revised version on the Website without prior notice. We encourage CLIENTS to review the Terms whenever you use or access the Website. By continuing to use the Website after the effective date of any modifications to Terms and Conditions, you agree to be bound by the modified terms.
Age Restrictions
By accepting these terms and conditions, you certify that you are 18 years old or older. If you are under the age of 18, but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.
Content Permission and Restrictions
Unless otherwise noted, the design of the Website, including information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features that are part of the Website (collectively, “Content”) are copyrights, trademarks, or other intellectual properties owned, controlled or licensed by the SCHOOL. The Content is intended solely for your personal and non-commercial use. No right, title, or interest in any Content is granted or transferred to you due to your use of the Website. Certain parts of the Website that allow you to share Content on social media platforms grant you a limited license to display the Content as directed, and you understand that you have no other right, title, or interest in or to the Content.
Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, sell, or participate in any sale of any of the Content or the Website. Your misuse of the Content may subject you to liability under federal, state, or international laws.
Information Accuracy
We do our best to ensure that information on the Website is complete, accurate, and current. However, information on the Website may occasionally be inaccurate, incomplete, or out of date.
All specifications, products, descriptions, and prices of products on the Website are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours.
However, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. We do not warrant the accuracy or completeness of the information, content, or materials provided through the Website.
The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
Registrations
Registrations for workshops, seminars and courses are made strictly on a first come first serve basis.
Minimum Numbers
All our workshops, seminars and courses are subject to a minimum number of CLIENTS registering before such a course or workshop goes ahead. The SCHOOL may, at its sole discretion, postpone or cancel any course or workshop due to minimum numbers not being reached.
Confirmation, Payments and Delivery
A CLIENT’s seat on a course or workshop, in person or online, is only confirmed once a deposit or full payment is made as the case may be on the course or workshop specifications.
Delivery of online eLearning digital products will only be executed once payment is received in full.
Cancellation and Refunds for Courses and Short Workshops
Cancellation of any course or workshop for any reason by a CLIENT must be in writing directly to SCHOOL where the following shall apply;
A CLIENT may request to be booked on another scheduled course or workshop and the funds will be carried over. In the event there is a price increase on the future course or workshop such additional cost must be paid by the CLIENT.
If the cancellation is within 15 days from the start of the course or workshop and the CLIENT requests a refund SCHOOL will refund a CLIENT less a 20% payable within 30 days after cancellation.
Cancellations made by the SCHOOL
Cancellation of any course or workshop for any reason by SCHOOL shall be communicated in writing directly to the CLIENTS where the following shall apply:
A CLIENT can be placed onto the next scheduled course or workshop, or
In the event a CLIENT has already made payment the CLIENT may request a full refund. Refunds will be paid within 30 days after cancellation is agreed.
Limitation of Liability
The CLIENT acknowledges that there are inherent risks in participating in courses or workshops and in particular practical sessions in the field and participation is at his/her own risk and he/she shall be responsible for all loss and damage albeit to self, equipment or property.
The CLIENT acknowledges that SCHOOL courses and workshops may be carried out on third party premises and SCHOOL do not have any control in relation to the procedures, rules, safety, security and layout of the premises.
Without limitation to the foregoing, the CLIENT shall not hold SCHOOL responsible or liable in any way for the following:
- any delays which may arise during the course or workshop due to any circumstances whatsoever;
- any change in the proposed itinerary (including but not limited to any travel or accommodation arrangements) for the course or workshop arising from any circumstances whatsoever;
- the occurrence of any conditions or illnesses which may necessitate medical attention during the course of the course or workshop; and/or
- any loss, damage, injury, loss of life, cost or expense which may arise as a result of the social, civil and/or political situation in the place where the course or workshop is been held.
- any loss or damage to camera equipment or personal items.
- The CLIENT further represents and warrants that he/she shall indemnify and hold SCHOOL, its affiliates, subsidiaries, shareholders, officers, employees, agents or contractors harmless from any loss including but not limited to loss, damage, costs, actions, claims, liabilities, proceedings, demands, risks, charges and/or expenses of whatsoever nature or howsoever arising, inclusive of delays, cost of cover, loss of data, loss of opportunities and inconveniences, special, incidental, punitive, exemplary or consequential damages (whether in delict, contract or otherwise) whether direct, indirect, joint, several, actual, contingent or otherwise (including legal fees on a full indemnity basis) and includes but is not limited to claims made by third parties and claims for defamation, infringement of any intellectual property rights, death, bodily injury, property damage or pecuniary losses howsoever arising.
Disputes
Should any dispute arise under or in connection with this Agreement the Parties shall first use mediation to resolve it by mutually appointing a single Mediator. The costs of the Mediator shall be shared equally between the Parties and any other legal costs incurred by either Party with respect to the dispute shall be for each Parties own account.
If mediation fails the dispute will be finally settled by arbitration before a single arbitrator appointed by agreement or (in default) nominated on the application of either party in accordance with the rules of the Arbitration Foundation of South Africa (“AFSA”). The AFSA arbitration rules shall govern the arbitration proceedings and the venue of the arbitration shall be Durban. The arbitrator shall make an award in respect of the costs of the arbitration having regard to the substantial success of each Party in the outcome of the proceedings. The Parties irrevocably agree that the decision in the arbitration proceedings shall be final and binding on the Parties.
Applicable Law
This agreement will be governed by and
construed in accordance with the Laws of South Africa.
Other
Gratuities and tips are not included in the workshop prices.
SCHOOL will provide each CLIENT with detailed information about the course or workshop including a detailed itinerary where applicable at a reasonable time prior to the start date of the course or workshop. The CLIENT is responsible to ensure he/she has read and understood the contents of the document to be fully prepared for what to expect.
SCHOOL will from time to time use images and/or video shot while on a course or workshop for marketing purposes. The CLIENT(S) booking form shall serve as a model release giving consent and rights to SCHOOL to use such images or video for promotion and marketing of future photo courses or workshops, including online or in print, and the CLIENT therefore grants SCHOOL a perpetual, royalty free, worldwide, irrevocable license to use such media publicly or privately for marketing purposes. CLIENTS waive any rights, claims or interest they may have to control the use of their identity or likeness in the photographs and videos and agree that any uses described herein may be made without compensation or additional consideration to them.
The CLIENT certifies and acknowledges that when he/she makes an online purchase of any digital products, or submits an online registration form or a manual registration form the he/she has read and understood all of the provisions of these terms and conditions and shall fully and faithfully comply with such provisions
oo0oo