Terms & Conditions
Section A: Agreed Terms Between
(1)
CarrieHill.com
Studio 40, 312 Main Street
Vancouver, B.C.
V6A 2T2
and;
(2)
The guest of Carrie Hill Creative website or online platforms, and/or purchaser/ subscriber of goods and services by Carrie Hill, aka “the Client”
Section B: Important Notes:
(1) All payments are non-refundable;
(2) All instalments (if instalment options are applicable) are due in full and in completion, no exceptions;
(3) It is recommended you print and keep a copy of these terms and conditions as they will not be filed and may change from time to time;
(4) These Terms should be read in conjunction with our Privacy Policy found online at carriehill.com;
(5) Your order will be fulfilled by the estimated delivery date set out in your confirmation email, your Session Contract, or as described on our site, unless there is an event outside of our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will endeavour to contact you in writing with a revised estimated delivery date.
Section C: Photography Services
(1) All Photography Services (“Services”) will be provided over the course of time, dates, and locations laid out in the Photography Contract (“the Contract”).
(2) Any dates, time, and location(s) requested by the Client will be considered reserved upon receiving the signed Contract, as well as the Retainer fee (“the Retainer”). The amount of the Retainer will be stipulated in the Contract, and generally does not exceed 50% of the total cost of Services. The Retainer fee will be pro-rated to the total cost of Services.
(3) All final product(s) shall be delivered by a (possible) combination of online third-party tools, postal services, and e-mail as described in the services being purchased, unless otherwise agreed to by both Photographer and Client.
(4) Policies outlining time/date changes and/or location changes will be outlined in the Contract.
(5) CarrieHill.com has the option of the Client creating a personal account to subscribe to monthly services and to expedite physical and digital product orders. By creating a personal account, the Client agrees to keep user details and your password for the site confidential at all times, and to not disclose them to any third party. You as the Client must notify us immediately if you become aware of any unauthorized use of your account, and by creating an account you hereby indemnify us against all claims, damages, losses, costs or expenses (including professional fees), and any other liability which arises from any unauthorized use of your account.
Section D: Payment
(1) The total price payable for the program is as set out either in the product check-out summary or by the invoice that is sent to the Client, and is non-refundable.
(2) You may choose to pay for Services by instalments if or in one lump sum only for Session Fees, and the total price payable shall depend upon which you have selected and shall be as set out in the summary of key terms.
(3) If you choose to pay for Services in instalments a retainer fee of the amount set out in the summary of key terms is payable on registration for the program. You will then be automatically charged for your remaining instalments every 14 days until the total price payable has been paid. Such invoices must be paid within 7 business days of the date of your invoice.
(4) Should you choose to cancel your photography session, you are still legally obligated to pay the balance in full as agreed upon in the Contract if the cancellation takes place within 5 business days of the Session date.
(5) Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 business days of the due date, we reserve the right to i) charge interest from the date due for payment to the actual date of payment at the rate of 7% from time to time in force and/or ii) suspend the distribution of the final product until such time as the payment is made or the Contract is terminated.
Section E: Recording, photography and filming
(1) We may wish to record, photograph, or film a Session, and reserve the right to do so for the purpose of future Sessions/events, and/or promoting future Sessions/events, or otherwise.
(2) You consent to us recording, photographing, or filming (“Recordings”) you without any fee payable to you (other than as set out below). This consent includes Recordings of your participation in our Sessions, promotional events, and otherwise (“participations”) and includes your past, present and future participations.
(3) You acknowledge and agree that we shall be entitled to edit, copy, add to, adapt or translate the Recordings at our discretion and, in respect of the Recordings, you hereby irrevocably waive in favour of us, our assignees and licensees the benefit of all moral rights and performers' rights arising under the Copyright, Designs and Patents Act 1988 or similar rights arising under the laws of any jurisdiction.
(4) You agree that we may use such Recordings of you for purposes including (without limitation) promotion of future programmes, events and/or courses and to create content for future programmes, events and/or courses.
Section F; Warranties, Representations and Guarantees
(1) All warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of the photography industry and the fact that customer satisfaction is dependent on a number of factors over which we have no control, we do not guarantee any particular results. By hiring Carrie Hill Creative to photograph your Session, you understand that we will endeavour to ensure the highest quality outcome, but that no success can be guaranteed.
(2) Due to the delicate nature of film, including competence of the original photographer, film storage, temperature regulation, and condition of the original film camera in which the photos were taken, Carrie Hill Creative cannot guarantee the outcome or results of any film that is processed. By hiring Carrie Hill Creative to process your film, you understand that we will endeavour to ensure the highest quality outcome, but that no success can be guaranteed.
(3) We will endeavour to ensure that all information that we provide is accurate and up-to-date, but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
Section G: Intellectual Property
(1) We are the owner or the licensee of all Intellectual Property Rights and all other rights in all Services and all content provided from use of the Services and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights from any Services – including process and final product - or the content of the Services to you or to any other person.
(2) You may not at any time copy, edit, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained on CarrieHill.com or from final product obtained through hiring Services, except by the stipulations outlined in the Contract.
(3) We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the final product(s) obtained from hiring Services for personal use only. Use of any final products for commercial or promotional use, or submission of content or final products obtained from hiring Services to any photography contests, professional or non-professional, is strictly prohibited. License for use can be withdrawn or revoked at any time without warning or knowledge. By using this website or hiring the Photographer for any services, you understand and give your ongoing consent.
(4) You may not use any of our intellectual property rights at any time except where duly licensed. Use of our logos is strictly prohibited without our prior written consent.
(5) We may from time to time record the Services being delivered during your attendance. You authorize us to use your image and voice in any such recordings without payment, other condition, or need for further consent.
(6) You acknowledge that certain information contained in the Website is already in the public domain and that this information will be credited to the original artist/writer/creative as able and applicable.
(7) You are not permitted to sell or promote products or services to other clients of Carrie Hill Creative at or during any part of our Services without our prior written permission.
(8) The provisions of this Section shall survive termination of the Contract
Our Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site, services, or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted personal, management, or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law.
By purchasing any product and/or services of Carrie Hill Creative, you accept, agree, and understand that you are in part responsible for the outcome of any final product(s) and resulting from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance.
If distribution and/or marketing applied to your final products as stipulated by the Contract, we do not guarantee that you will get any results or earn any money using any of our content or products, and in no way is our content or products a promise to or guarantee of future earnings. When addressing financial matters in any manner on our website and/or membership and/or social media site(s) or any other affiliated content, we have taken every effort to ensure that we have accurately represented our products and content.
You recognize, understand, and agree that you alone are responsible and accountable for your decisions, actions, and results in life, and by your investment, subscription, purchase, and/use of our content, you agree not to attempt to hold us liable for any such decisions, actions, or results, at any time, under any circumstance. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including but not limited to economic loss, injury, illness, or death.