TERMS AND CONDITIONS OF MEMBERSHIP AND /OR USE OF THIS SITE

Last updated: 18/11/2021

 

DEFINITIONS

"You" means the member and/or user of this Site and other Guild run facilities. "The Guild", "we", "us" and "our" means The Guild of Professional Photographers Ltd which trades as the Guild of Photographers. "Site" means the Guild of Photographers related site on the World Wide Web located at www.photoguild.co.uk. "Content" means the information and other material available within the Site.

 

GENERAL INFORMATION

By joining the Guild, you agree to these terms and conditions. If you do not agree with these terms and conditions then you need to inform us immediately, cease your membership and not utilise this Site.

  1. Benefits of membership may change during the period of membership.
  2. Members must keep their email, phone and postal address contact details up to date on their profile, and notify us of any changes.
  3. The Guild accepts no responsibility for the actions of its members.
  4. The Guild agrees to act as mediator between members and their clients if required, but takes no responsibility for the actions of either party or the outcome of any mediation.
  5. Complaints by members' clients will be monitored and may lead to expulsion from the Guild if deemed to be detrimental to the overall image of the Guild and/or its members. The balance of any pre-paid fees, less £25 + VAT (£30) to cover administration costs and the value of any joining benefits, will be refunded in such a case.
  6. The Guild reserves the right to terminate membership where it believes it is appropriate to take this action. No reason needs to be given. The balance of any pre-paid fees, less £25 + VAT (£30) to cover administration costs and the value of any joining benefits, will be refunded in such a case.
  7. Any suggestions, advice or information given to members is given in good faith, however, the Guild is not accountable for the results following any such suggestions, advice or information.

 

MEMBERSHIP

  1. Membership shall be seen as a 12 month contract effective from the date of application and the fees for that 12 month period will be due at the appropriate overall cost determined by selected payment method at the time of joining.
  2. In accordance with the Consumer Contracts Regulations 2013 there is a 14 day cooling off period after joining the Guild. No use of any downloads can be used until that point without waiving that right. Consumers will not have a right to cancel once a download has started.
  3. A new 12 month membership contract shall be deemed to have commenced on each anniversary of the joining date and the fees for that 12 month period will be due at the appropriate overall cost determined by selected payment method at the time the renewal is undertaken. In most instances the renewal will be automatic with payment made in accordance with the Direct Debit set up by the member.
  4. A member may cancel their membership contract with the 'Guild' at any point prior to their contracted renewal date or up to 14 days thereafter. Cancellation is subject to a 12 months contractual term of membership as referred to in Rule 1 above. Such notice must be in made via the Membership Cancellation Form on a members personal profile, and shall not be deemed to have been received unless acknowledged by an email from the Guild, with the effective date for membership cancellation being the date the Guild acknowledgement email is sent. No refunds will be given for any membership pre-payment that has been made and the withdrawing member will be liable for any unsatisfied dues or commitments towards the 'Guild' in the remaining part of their 12 month contractual period, unless otherwise agreed in writing (the latter being subject to an administration fee of £25 + VAT).
  5. Non payment of any contracted obligations can affect your credit rating, so should a member not be in a position to make a payment at a due date they should contact the Guild ideally in advance, and we will try to assist. Should a member not make a payment at a due date, the Guild will attempt to contact the member. If no payment to rectify the arrears is received within 28 days, the Guild has the right to pass the matter over to a Debt Collection Agency to follow up. An administration fee of £25 + VAT will be added to the outstanding amount at this point to cover the associated administration costs. Any additional costs incurred thereafter as a result of the debt collection process and court costs if applicable will also be the liability of the member.
  6. When membership of the association is purchased it is accepted that the benefits of membership may change during the period of membership acquired. Whilst every effort will be made to maintain or enhance them none are guaranteed as they are constantly subject of review, plus circumstances sometimes change beyond the control of the Guild. Benefits may therefore be added or removed at any time and any imposed charges for services can be varied at any point as deemed necessary by the Guild.
  7. The Guild's Membership levels are subject to review and dip-sampling. With justification a membership level may be withdrawn and will expire on leaving the Guild because the monitoring cannot continue.
  8. Resigning members shall also forfeit all other benefits and interest in the 'Guild' with effect from their withdrawal date (eg logos cannot be used, membership certificates must not be displayed, and use of 'Pro' Membership services and the Discount scheme must cease). Membership misrepresentations and use of services to which one is not entitled could be in breach of the law.
  9. Every member shall at all times behave in such a manner befitting his professional status and the reputation of the 'Guild'
  10. Every member shall exercise professionalism, care and diligence in the discharge of duties for clients and will fulfil the obligations of any contracts agreed with them, other than subject to matters outside their control.
  11. All members who are in business as a photographer and have achieved 'Qualified' status or higher must maintain Professional Indemnity and Public Liability Insurance.
  12. A member will not lay claim to any membership level, award or distinction that has not been properly achieved.
  13. A member may only use the Logos of the 'Guild', which they subscribe to and are qualified for. If using the Logo/s on a web site then a hyperlink to the 'Guild' website(s) must be created.
  14. Membership of Guild led social media groups is optional and not a right of membership. It can be with withdrawn by the Guild without impact on your contracted Guild membership rights.
  15. Photographic competitions are open to all members unless otherwise stated. The entrant acknowledges that their entered image may be utilised by the Guild or it's Directors without charge for promotional or use or in online or printed publications/books of any type including commercial products. It is the responsibility of the entrant to ensure that any submitted images have all relevant consent to be utilised in these ways.
  16. Mentoring and feedback sessions are bespoke and personal. It is therefore a condition of booking either that such sessions are confidential - The content of discussions within such sessions should not be shared elsewhere by any participating party, nor should sessions or part sessions be recorded, unless all parties involved give prior consent. Any breach of this could result in the termination of membership. The only exception to this being that such content can be shared with Guild staff or other Mentors for business, administrative and personal development reasons.
  17. Members agree to receive occasional updates via email and Newsletters as part of our service to them.
  18. All members agree to abide by the Guild's rules and Code of Conduct.

 

Fees

All fees payable by you for membership of the Guild or any associated Services shall be in accordance with the rates published on our web site, errors and omissions excepted, and shall be due and payable for provision of membership or Services in advance of any Fixed Contract Period. We reserve the right to alter the prices and/or pricing structure, including ceasing to offer elements of the current Guild Services. By continuing to access or use the Services after alterations to the Pricing Structure become effective by being posted on our website, you agree to be bound by the revised Pricing Structure. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Services, subject to any contracted terms. You are strongly advised to monitor our website for any alterations of the Pricing Structure.

 

RIGHTS GRANTED/RIGHTS RESERVED

The content of this site is for your personal use only, and you may download the content onto only one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, distribute, transmit, reproduce, publish, commercially exploit or create derivative works from the content.

 

AVAILABILITY OF THE WEBSITE

You acknowledge that it is technically impossible to provide the Site free of faults 100% of the time and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, (without limitation), transmission and telecommunications links between us and you and between us and other systems and networks. We and/or our suppliers may make improvements and/or changes in the Site at any time.

 

NO WARRANTY

The Site and the Content is provided on an "as is" and "as available" basis and we make no warranties or representations, whether expressed or implied, in relation to the Site or the Content, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose. You further acknowledge that some of the Content is supplied to us (directly and indirectly) by third parties and accordingly we can offer no warranty of whatever nature in relation to such Content.

 

LIABILITY

In no event (except for death and personal injury arising from our negligence) shall we be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site whether based on contract, tort, negligence, statutory duty or otherwise, even if we or any of our suppliers has been advised of the possibility of such loss or damage.

In no event shall we be liable for any personal costs or bank charges incurred if a payment is collected in accordance with a Direct Debit or other method arranged or given consent for by a member.

Your statutory rights in relation to any goods or services purchased through the Site are not affected.

 

LINKS TO THIRD-PARTY SITES

This Site contains hyperlinks to other web sites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties.

 

INTELLECTUAL PROPERTY

You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us or our licensor's.

 

SECURITY

You are responsible for the security and proper use of all user names and passwords used from time to time in connection with the Site and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

You must immediately inform us if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.

If you forget or lose a password or user name you must contact us and satisfy such security checks as we may operate.

We reserve the right to suspend user name and password access to the Site and the Services if at any time we consider that there is or is likely to be a breach of security.

We reserve the right (in our sole discretion) to require you to change any or all of the passwords used by you in connection with the immediate Site.

You must inform us of any changes to the information you supplied when registering for the Site.

 

PURCHASE OF GOODS OR SERVICES FROM THIRD PARTIES

We will use our reasonable endeavours to indicate whether goods or services which are advertised on the Site are being offered for sale by us or by a third party.

You agree and acknowledge that you are solely responsible for evaluating Third Party Goods. You acknowledge any bookings or purchases of Third Party Goods made by you through the Site or Guild shall be subject to terms and conditions of the third party supplying the goods and/or services concerned and that we will not be a party to or any way responsible for or liable to you in respect of any transactions between you and third parties.

We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.

 

COPYRIGHT

  • Please ensure that you own the rights to the pictures you submit for reproduction and that you have obtained any relevant permission to use them in this way.
  • We will be unable to reproduce photographs for which you have not obtained the relevant consents.
  • You agree and undertake with Guild of Photographers that you are the owner of the copyright in, or have authority to use, any material that you send to us for reproduction. We accept no responsibility with regard to this.

 

EVENT TICKET SALES

The purchase of tickets for an event organised or promoted by or on behalf of the Guild of Photographers is subject to the following terms and conditions.

By purchasing a ticket, you agree that once purchased, tickets cannot be refunded or returned unless the event is cancelled, moved to another date, or if details of the event are significantly changed after an order is placed (significant changes being a change of venue or time).

1. The Guild of Photographers reserves the right to refuse the purchaser entry to workshops/events without their ticket.

2. Tickets may not be resold or offered for resale without prior consent. Resale or attempted resale of a Ticket without prior consent will render the Ticket void and the holder of any resold or transferred Ticket may be ejected from or refused entry to the Event.

3. Any promoted discounts will apply only to the ticket(s) stated and can be withdrawn at any point. More than one discount cannot be applied to any tickets unless clearly stated to the contrary. Also, they cannot be used in conjunction with other discounted ticket types, such as, but not limited to, multi-day discounts or group offers that may be on offer.

4. The ticket price does not include anything other than entry to the workshop/event, unless otherwise stated (including, but not limited to refreshments, accommodation, and extra activities).

5. To book a ticket and attend a workshop/event unless clearly stated you must be over 16 years old or, if you are under 16 years old, you must be accompanied by a parent or guardian who is over 16 and who has completed the Booking Form. Both you and your parent/guardian must pay the required entrance prices. Proof of age may be requested upon entry. 

6. When attending a workshop/event you agree to abide by the rules and regulations of the venue you are at. These may be changed at the venue’s discretion. You also agree to be bound any other rules or regulations which may be included as part of the Ticket purchase, as well as comply with all reasonable safety and other announcements and/or directions whilst attending the workshop/event.

7. Admission to the venue and participation in activity taking place during the workshop/event is entirely at your own risk. Neither the venue nor the Guild of Photographers will be held liable for any loss, cost, expense, injury, or damage sustained at the venue and/or the Event except in respect of death or personal injury caused as a result of negligence by the venue or the Guild of Photographers, as applicable.

8. In the event of any accident you hereby agree to hold harmless and keep indemnified the Guild of Photographers and its staff, officials, representatives, agents, sub-contractors, and members, each and every one of them from and against all actions, costs, expenses, claims and demands in respect of injury, fatal or otherwise, loss or damage, to person or property of yourself or any guests accompanying you, however caused.

9. The Guild of Photographers and/or the venue has the right to search all persons and personal property and refuse admission to, or eject from, the site any person who refuses to be searched by official representatives. 

10. Both the Guild of Photographers and workshop/event venues have the right to refuse entry to any person without reason or to require them to cease participating in any activity. If you are found to be behaving in a manner deemed unsociable or potentially dangerous, in breach of these terms and conditions, the rules and regulations of the venue or any instructions or directions given to you by any official at the Event, you will be ejected from the workshop/event without refund and, if appropriate, may be reported to the police.

11. Neither the venue nor the Guild of Photographers will take any responsibility for lost, damaged or stolen property, including vehicles.

12. Except for guide dogs, you are not permitted to bring any animals to the workshop/event, without prior consent.

13. You must not trade or solicit trade at the workshop/event without the prior consent of the Guild of Photographers. This includes the distribution of unauthorised flyers or display of banners at the Event.

14. Medical Advice and Acknowledgement of Health Risks:

The safety of our staff and all visitors is of paramount importance to the Guild of Photographers. The policy and procedures set out below have been developed to assist us in ensuring that we do all that we reasonably can to mitigate the potential for any outbreak of COVID-19 at our events (whatever their type).

Whilst the Policy relates primarily to COVID-19, the Policy does apply equally to any other communicable illness.

The Policy is subject to change at any time by the Guild of Photographers and we will give event attendees as much notice as reasonably possible of any changes.

By booking and/or attending any event any person concerned acknowledges, understands, and accepts that, whilst present at an event may be exposed to communicable illnesses, including but not limited to COVID-19, influenza, colds and norovirus as well as others. By booking and/or attending any event it is accepted that you understand and accept that the risk of exposure to such communicable illnesses is inherent in most activities where people interact or share common facilities, are largely beyond the Guild of Photographers control, and that risk cannot be completely eliminated.

15. Right to Refuse Booking or Attendance

Unless otherwise prohibited by applicable law, the Guild of Photographers reserves the right to refuse a booking, deny attendance or remove any person from an event where a person may be suffering from (or may reasonably be regarded as having potentially been infected with) a contagious or infectious disease (including but not limited to COVID-19), or may be detrimental to the comfort, safety or wellbeing of the person or any other person. Any person booking or attending an event must accept that such decisions are final and binding.

16. Agreement to Comply with Policies

In developing this Policy, the Guild of Photographers has taken account, and will continue to take account, of the guidance and directives of relevant governments and health authorities. Such guidance and directives may change from time to time and this Policy may change as a result (potentially at short notice).

Any person booking or attending an event must agree to comply, not only with this Policy, but also such further health and safety policies that the Guild of Photographers may have in place at any time, as detailed on the Guild of Photographers website or as may be detailed in any communication, message or instructions always delivered in writing or orally by the Guild of Photographers’ personnel) before or during an event.

17. Consequences of Noncompliance

Notwithstanding any other provision contained in this Policy, any noncompliance by any person booking or attending an event with this Policy or the provision of false information shall be grounds for refusal of entry or a request to leave, plus the potential reporting to governmental or health authorities, or other steps deemed necessary in the Guild of Photographers sole discretion, under the circumstances to protect the health and well-being of others.

In such circumstances, those booking or attending an event shall not be entitled to a refund or compensation of any kind and will be responsible for all related costs and/or fines.

18. Confirmed or Suspected COVID-19 Case before Attendance

All people booking and/or attending any event must understand and agree that if, at any time within 14 days prior to scheduled event they test positive for COVID-19, exhibit signs or symptoms of COVID-19, or the Guild of Photographers otherwise determines in its sole discretion that an attendee is unfit to attend an event due to COVID-19 or any other communicable disease, the Guild of Photographers will deny attendance to that person and any other person who has been in close contact with him or her.

All people booking and/or attending any event must agree that if, within 14 days prior to a scheduled event, they and/or any persons travelling with them have had contact with or helped care for anyone suspected or diagnosed as having, or anyone subject to health monitoring for possible exposure to, COVID-19 or other communicable disease, may be denied attendance.

If a person booking and/or attending any event is denied attendance because of an infection confirmed by a medical test, with COVID-19 or other communicable disease, then, unless the Guild of Photographers determines that the relevant person has failed to comply with its COVID-19 Policies and Procedures, they will be entitled to a future event credit equal in value to the amount paid by them to the Guild of Photographers for the relevant event (in all cases subject to the provision of satisfactory verification of the infection).

Save as set out above and to the extent that the law permits, where the above applies, no other compensation or costs shall be payable by the Guild of Photographers to that person.

19. The Guild of Photographers has the right to alter or vary the programme for the workshop/event or to reschedule or cancel all or part of the workshop/event at any time.

20. In the event of cancellation or rescheduling, the Guild of Photographers shall not be liable for any losses you suffer as a result of the cancellation or rescheduling, including but not limited to, ticket price, accommodation costs and travel expenses.

21. You give your express consent to the use of your actual or simulated likeness in connection with the production, exhibition, advertising or exploitation of any photograph, film, video and/or audio recording of the workshop/event and/or any element thereof in any/all media throughout the world.

22. These terms and conditions may be enforced by the venue and the Guild of Photographers Limited’s affiliates, successors and assigns but may not otherwise be relied on or enforced under the Contracts (Rights of Third Parties) Act 1999 by any party that is not a party to these terms and conditions.

 

PRIVACY

We respect your privacy and have a separate Privacy Policy which you must agree to as a member.

 

MODIFICATIONS

We may revise these Terms of Use or our Privacy Policy from time to time and the most current version will always be posted on the Guild of Photographers website. By continuing to access or use the Service after revisions become effective, you agree to be bound by Terms of Use then prevailing. If you do not agree to the revised Terms of Use, you can then notify us that you want to discontinue use of the Services, subject to any contracted terms. You are strongly advised to monitor our website for any alterations to our Terms.

 

GENERAL

These terms and conditions are governed by the laws of the country you are working in, and you hereby consent to the exclusive jurisdiction of the English courts.

Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. 

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision

These Terms constitute the entire and exclusive agreement between you and the Guild of Photographers with respect to the Service, and supersede and replace any other agreements, terms and conditions applicable to any agreement or Service. These Terms create no third party beneficiary rights. the Guild of Photographers failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms of Use will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms of Use, and any such attempt is void, but the Guild of Photographers and any partners may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service. The Guild of Photographers and you are not legal partners or agents; instead, our relationship is that of independent contractors.

The Guild of Photographers reserves the right to alter or amend these terms and conditions without prior notification and you will abide by such amended terms and conditions. It is your responsibility to check the website for the latest terms and conditions.

 

The Guild of Photographers is the Trading name of the 'Guild of Professional Photographers Ltd. Registered in England. Registered Office - 76 Moorland Road, Burslem, Stoke On Trent, Staffs ST6 1DY

Company Registration Number 06997478. Vat Reg'd Number 176091109