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STUDIO HOST TERMS + CONDITIONS
These Host Terms & Conditions govern the relationship between PoleOclock Images ("PoleOclock") and the studio, business or organiser booking PoleOclock to provide a tour photoshoot event (the "Host").
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The Host Agreement consists of these Host Terms, the PoleOclock Tour Hosting Pack, the booking confirmation and any written booking-specific arrangements agreed between PoleOclock and the Host.The Tour Hosting Pack explains the practical arrangements for running the event. These Terms deal primarily with the contractual consequences if payments, minimums, venue requirements or other agreed arrangements are not met.If a booking confirmation expressly changes a general detail in the Hosting Pack, the booking confirmation will apply to that booking.
The Host provides and facilitates the venue and local event arrangements. The Host is not the photography Client for every participant simply because it organises the event.Each person photographed is an individual PoleOclock Client for photography, privacy, image delivery, copyright and image-use purposes and must accept the applicable Client Photography Terms.The Host must not purport to accept individual Client photography terms, image permissions or marketing consent on a participant's behalf unless the Host has lawful authority to do so.
The Host may set the final price charged to participants, including reasonable studio costs, travel contributions or other Host charges, provided pricing communicated to participants is clear and accurate.Payments made by participants directly to the Host are held and administered by the Host. They are not payments to PoleOclock until corresponding cleared funds have actually been received by PoleOclock.PoleOclock is not responsible for collecting debts owed to the Host or refunding studio fees, mark-ups, administration charges or other sums which PoleOclock has not received.
The Host must make all payments by the deadlines stated in the Tour Hosting Pack, booking confirmation and/or invoice. This includes the per-slot payments and any agreed travel or accommodation costs.A payment is treated as received only when cleared funds have reached PoleOclock's nominated account. A screenshot, payment confirmation or evidence that a transfer has been initiated is not proof that PoleOclock has received the funds.The Host should set participant payment deadlines early enough to allow the Host to meet its own payment obligations to PoleOclock.
If an amount due from the Host has not been received by the applicable deadline, PoleOclock may suspend preparations, withhold attendance, cancel the event and/or withhold image delivery where reasonably appropriate to the outstanding breach.PoleOclock attending or providing some or all of the event despite an overdue Host payment does not waive the Host's obligation to pay that amount.Where an event is cancelled because the Host has failed to make payment properly due to PoleOclock, the Host remains responsible for dealing with and, where applicable, refunding sums paid directly to the Host by participants. PoleOclock cannot refund money it has not received.
The minimum number of paid photography slots required for the event will be stated in the booking confirmation or other booking-specific communication.The Host is responsible for promoting the event and monitoring bookings. If the applicable minimum has not been met by the deadline stated in the Tour Hosting Pack, PoleOclock may cancel or, by agreement, reschedule or restructure the event.Any decision will take account of the circumstances, costs already incurred and any written alternative agreed with the Host.
The Host must tell PoleOclock as soon as possible if it wishes to cancel, postpone or materially change the event.Any replacement date is subject to PoleOclock's availability and is not guaranteed. Travel, accommodation and other non-recoverable costs already reasonably incurred specifically for the event may remain payable.Any cancellation charge or retained payment will be assessed in accordance with the agreement and applicable law and will not be used to compensate PoleOclock twice for the same loss.
The Host must meet the studio, access, shooting-space, electricity, pole/aerial equipment and setup requirements stated in the Tour Hosting Pack and must tell PoleOclock in advance about anything unusual which could materially affect the shoot.The Host is responsible for the safety, condition, maintenance and suitability of the premises and any pole, aerial or other equipment supplied by the Host.PoleOclock is responsible for photography equipment supplied by PoleOclock and for providing photography services with reasonable care and skill.If the venue or supplied equipment is materially unsuitable or unsafe, PoleOclock may alter, pause or stop photography until the issue is resolved.
The Host must provide the access, loading/setup time, pack-down time and scheduling arrangements described in the Tour Hosting Pack.The Host should make reasonable efforts to ensure participants know their allocated times, arrive early and know where to warm up and change.The agreed breaks are part of the working schedule and should be protected so that PoleOclock can maintain safe working conditions and a consistent service throughout the event.
The Host must provide participants with the PoleOclock information reasonably required for the event, including any link supplied by PoleOclock to the Client Photography Terms and consultation process.Participant no-shows, late arrivals, transfers, image selection, image delivery, copyright, editing and privacy are governed by the Client Photography Terms rather than these Host Terms.
Any complimentary Host shoot or image allowance is determined by the qualifying booking level set out in the Tour Hosting Pack applicable to the event.Host Reward images may be used by the Host personally or, where the applicable reward allows, gifted as additional images to other booked participants, prizes or student rewards. Gifted images must be selected from photographs taken during the recipient's own pre-booked photoshoot and are added to that participant's existing image allowance.Only the Host Reward image allowance may be gifted. Complimentary shoot time, unused session time or any remaining part of the Host's photography appointment cannot be transferred or added to another participant's session. Gifted images do not increase or extend the recipient's allocated photoshoot time.This specific Host Reward flexibility is an exception to the normal rule that a participant's unused package image allowance cannot be transferred following a no-show.
Hosting an event does not give the Host ownership of, access to or permission to use participants' private galleries or photographs.PoleOclock will deliver participant images to the individual participant using the contact details supplied by that participant. The Host may use a participant's image only where the participant has given the necessary permission and any required PoleOclock licence is in place.
Subject to full payment and these Terms, the Host may use photographs of the Host supplied through its Host Reward or purchased by the Host to promote the Host's own studio/business on its website, social media and promotional materials.Where reasonably practicable, PoleOclock should be credited and @poleoclockimages tagged on social media. Images must not be materially altered, filtered, sublicensed or sold without PoleOclock's permission.
If PoleOclock cannot provide the event because of illness, emergency, travel disruption, venue inaccessibility or another circumstance outside reasonable control, PoleOclock will contact the Host as soon as reasonably practicable.The parties will discuss a reasonable solution, which may include rescheduling, alternative arrangements or repayment of sums attributable to services which PoleOclock is unable to provide, subject to the circumstances and applicable law.
Neither party excludes liability where it would be unlawful to do so. Each party remains responsible for its own acts and omissions and for the premises, equipment or services it has agreed to provide.PoleOclock is not responsible for losses arising solely from the Host's failure to meet its payment, venue, access, equipment or participant-management responsibilities.
A goodwill exception or decision not to enforce a right on one occasion does not permanently waive that right.Changes to the booking should be confirmed in writing.These Host Terms are governed by the applicable laws of Scotland and disputes will be subject to the courts having jurisdiction under applicable law.
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