Booking Terms and Conditions
The Imaging Room Ltd is herein referred to as The Imaging Room or TIR.
1. These Terms and Conditions cover all of The Imaging Room Workshops and Services. Before booking any Services or a Workshop, Clients should read these Terms and Conditions with care and in full. These Terms and Conditions work in unison with the Terms and Conditions for the use of the The Imaging Room Website which are available on the website. In the event of any contradiction between the Website Terms and Conditions and these Terms and Conditions, these Terms and Conditions will prevail.
2. By completing an online Booking, you are agreeing to accept all the TIR Booking Terms and Conditions. The person who completes the Booking does so on behalf of all the individuals included within the booking, all such individuals are bound by these Booking Terms and Conditions.
3. Headings are included for convenience only and shall not affect. the interpretation of these Terms and Conditions
4. A contract between the parties, TIR and the Client, is formed on the issue of a confirmation of booking from TIR via the TIR website booking system or otherwise.
Definitions
5. In these Terms and Conditions, the following words shall have the following meanings;
6. Booking Confirmation – A booking confirmation is an email or otherwise in writing sent by TIR which confirms the booking made by the Client;
7. Booking Terms and Conditions – These terms and conditions as varied by TIR from time to time;
8. Client – The person who places the Booking or accepts an offer from TIR to supply a workshop or other service;
9. Distance Selling Regulations – Consumer Protection (Distance Selling) Regulations 2000;
10. Fee(s) – The fee(s) payable by the Client for the relevant Services as set out on the website and processed via the website shopping cart or otherwise paid;
11. Intellectual Property Rights (IPR) – The intellectual property rights include, for the avoidance of doubt, all patents, copyright, performers rights, data right, website or document design and contents rights, trademarks and trade names whether registered or unregistered anywhere in the World;
12. Location – Any location where the Services are to be delivered as indicated on the Website or such other Location that TIR may communicate from time to time;
13. Minimum number of Participants – This is the minimum number of participant that TIR determines in its sole discretion that is required to run a Workshop on the date(s) defined on the Website;
14. Online Materials – The workshop or other services Materials made available by The Imaging Room and made accessible to Clients whether via the website or other means;
15. Services – The workshops or Services provided by TIR as set out on the Website;
16. The Imaging Room Ltd (The Imaging Room or TIR) – The Imaging Room Ltd, a company incorporated in England and Wales with company no. 08243804 whose registered address is 10 Lady Forsdyke Way, Epsom, KT197LF, UK;
17. Workshop Materials – Any materials and content provided by or on behalf of TIR as part of the Workshops or Services including, without limitation, printed materials, computer storage devices, electronic documents and files and Online Materials;
18. Website – The website located at www.theimagingroom.com and including the same located at such other domain names nominated by TIR from time to time;
19. Workshop – A specific service where TIR provides tuition on Photography on a pre-arranged date, time and location as described as a Workshop on the website;
20. Workshop Leader – The person running the workshop or other service on behalf of TIR;
Fees
21. Fees are paid according to the prices live on the website at the time of Booking, and as confirmed by the Booking Confirmation.
22. For Workshops and other Services, a non-refundable deposit may be required of the amount stated in each workshop description is to be paid at the time of booking.
23. The receipt of a deposit does not imply acceptance of a booking.
24. The balance of the Workshop price is due 8 weeks prior to the Workshop date. In case of non-payment of any sum due from the Client (whether formally demanded or not) or of any other breach by the Client of any of these Terms and Conditions, TIR shall have the right to terminate the contract immediately without prejudice to the right to recover all sums payable by the Client or to any other right or remedy available to TIR.
25. TIR reserves the right to not allow any Client or member of a Client party that has not paid in full to take part in any Workshop or other Service.
26. The Imaging Room Ltd will use reasonable endeavours to ensure that the locations and times shall be as indicated on the Website at the time of Booking, but where this is not possible, TIR reserves the right to arrange other similar locations and times at TIR’s discretion and shall give the Client notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract by TIR and shall not give the Client the right to terminate.
27. The Client acknowledges that any venues visited are separate legal entities to TIR and the Client’s use of the venue(s) is subject to the venue Terms and conditions which are separate to the Terms and Conditions of TIR. It is the Client’s responsibility to understand and comply with the Terms and Conditions and any safety regulations and guidelines of the venue.
Cancellations
28. If you are acting as a consumer, under the Distance Selling Regulations 2000, you have a statutory right to cancel any distance contract (as defined within the Regulations) within 14 days of the date of purchase as long as you have not yet participated in the Services.
29. Any cancellation by the client must be made in writing. The date on which the email is received by us will determine the basis of any termination date. After the 14 days cooling off period the deposit is not refundable. For any cancellation up to 8 weeks before the Workshop date the balance above the deposit up to the full price is refundable. If the cancellation is after 8 weeks prior to the workshop no refund will be given and the full amount is fully payable. All workshop refunds are subject to a £20 admin fee.
30. In the event of the specified tutor being unable to attend due to illness or other circumstances beyond our control, another workshop leader will be provided.
31. If this is not possible to provide a suitable alternative workshop leader, then the workshop will be cancelled and the provisions of this clause will come into effect. Should a specified tutor be replaced and the workshop is able to run, all other conditions of cancellation still apply.
32. Should a cancellation become necessary, the Client will have the choice of accepting the cancellation and a refund or taking an alternative workshop.
33. For the avoidance of doubt, as TIR is not party to or responsible for any travel costs or other expenses incurred by the Client in getting to the Workshop and receives no payment for such, TIR will not refund the costs of travel or other expenses in the event of a workshop cancellation.
34. In the event that the number of Bookings for a Workshop required to meet the Minimum number of Participants, and if TIR has to cancel a workshop, we will not do so less than 14 days prior to the workshop. In this event the Client will have the choice of a full refund or arrangement for an alternative Workshop date.
35. In the case of Force Majeure, TIR reserves the right to retain monies paid and offer the client a credit for the sums paid to use against another workshop or Service. Force Majeure is unusual and unforeseeable circumstances beyond our control, such as war or the threat of war, riots, terrorist activity, civil strife, industrial disputes, viral pandemics, natural or nuclear disaster, fire, flood, or adverse weather conditions.
Limitation of Liability
36. Nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of TIR for fraud or for negligence causing death or personal injury or where and to the extent that applicable law prohibits such exclusion or limitation.
37. Subject to Clause 33. above, in no event shall TIR or its suppliers be liable in contract, tort (including negligence), statutory duty, pre-contract or other representations (other than fraudulent misrepresentations) or otherwise arising out of or in connection with these Terms and Conditions for: (a) direct, consequential, indirect or special loss or damage; or (b) any loss of goodwill or reputation; or (c) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), and in each case whether advised of the possibility of such loss or damage and however incurred including as a result of negligence arising out of or in connection with the Website or any Services.
38. Subject to clause 33. above TIR liability in relation to the provision of its Services as per the relevant Confirmation of Booking pursuant to clause 4. shall be limited to a sum equal to the amount paid to TIR for its Services, and TIR shall not be liable for any loss of or damage to any images or content provided to TIR by the Client when submitting any Booking for Services, whether online or otherwise.
39. The client must communicate any perceived failure in the performance of this contract immediately to the Workshop Leader giving the Workshop Leader the opportunity to achieve rectify any failure. Should this not be possible, the Client should make a complaint in writing within 7 days of the completion of the Workshop via the Contact Us form on the Website.
Indemnity
40. You agree to indemnify and to keep indemnified on demand, defend and hold harmless The Imaging Room and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents incorporated by reference, or your violation of any law or the rights of a third party.
No Agency
41. You agree that you and TIR are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms and Conditions or by your purchase of any Services.
Notices
42. All notices required to be served on TIR shall be sent to the contact address stated in clause 16. or to the e-mail address of TIR as set out in the Website Contact Us page or as otherwise notified on the Site from time to time for such purpose.
43. All notices required to be served by TIR shall be sent to the relevant contact email address supplied to TIR by the Client or as notified by the Client from time to time for such purpose.
General
44. If the Client or any of the Client’s party has special needs or other requests, the Client should inform TIR of these prior to the workshop. We cannot guarantee that such requests will be met and will have no liability to you if such requests are not met.
45. It is the responsibility of the client to ascertain any necessary planning and management of logistics to arrive at any workshop on time at the pre-arranged location. TIR takes no responsibility for client’s late arrival and missing a workshop.
46. Entire agreement – Each party confirms that these Terms and Conditions and any document incorporated by reference set out all of the terms governing the provision of Services to the Client and that it takes priority over all previous agreements, arrangements and understandings between them relating to the subject matter of Services. The Client confirms that it has not relied upon any statement, representation or understanding that is not an express term and shall not have any remedy in respect of any statement, representation or understanding which is not an express term unless made fraudulently.
47. Waiver - No failure or delay exercise by any party in exercising any right, power or remedy under these Terms and Conditions will operate as a waiver of that or any other right, power or remedy nor will any single or partial exercise by either party of any right, power or remedy preclude any further exercise of any other right, power or remedy.
48. Severance - To the extent that any provision of these Terms and Conditions is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Terms and Conditions, it shall not affect the validity, lawfulness or enforceability of the remainder of these Terms and Conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
49. Force Majeure - A party will not be liable for any failure/delay in performing its obligations under these Terms and Conditions to the extent that this failure is the result of any cause or circumstance beyond the reasonable control of that party including acts of God, war, civil commotion or industrial dispute and that failure could not have been prevented or overcome by that party acting reasonably and prudently. If consequently either party is prevented from performing its obligations for a period exceeding three (3) months then the other party may terminate any agreement for the provision of Services immediately on written notice.
50. Rights of Third Parties - Nothing in these Terms and Conditions shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to these Terms and Conditions.
51. Further Assurance Each party shall at the cost and expense of the other party use all reasonable endeavours to do all such further acts and things and execute or procure the execution of all such other documents as that party may from time to time reasonably require for the purpose of giving that party the full benefit of the assets, rights and benefits to be transferred to the other party under these Terms and Conditions.
52. Governing Law for these Terms and Conditions and every agreement for the provision of Services shall be governed in all respects by English law. The parties hereby submit to the exclusive jurisdiction of the English courts.