Terms and Conditions

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Purchase of greetings cards, prints and books

Fees for retail purchase of greetings cards, books and prints are fixed and not negotiable. Payment via credit card, debit card or BACS online payment must be made at the time of the order being placed. Cards, books and/or prints will be dispatched once payment has been received. In the event of the purchaser being dissatisfied with the product, a full refund will be made provided the purchased material is returned within one month of purchase. See our Returns and Refunds page for full details. Click here….>

Cards, books and prints may not be resold by the purchaser unless bought from Nigel Hicks Photography or Aquaterra Publishing under a bulk wholesale purchase agreement.

All products remain the property of Nigel Hicks Photography until they have been paid for in full by the purchaser. Once ordered, the safety and condition of purchased products lies with the purchaser.

The copyright for photography and any text in the products remains with Nigel Hicks Photography at all times, and may not be reproduced without the written permission of Nigel Hicks.


Commissioned photo shoots and supply of stock photography

Nigel Hicks will always carry out any commissioned photography to the highest possible professional standards, following and fulfilling the clients’ needs and requirements, shot with Nigel’s unique style and drawing on his years of experience.

Client image requirements and timetable should be agreed in advance of any photography commencing and included in a contract. The timetable will be adhered to by Nigel Hicks as far as is possible, but may often be subject to weather conditions and other uncontrollable factors.

Fees are usually based on a half-day or per day rate. We do not have an hourly rate. For projects likely to extend beyond two days a package price for the entire project can be negotiated. Our fees cover the photography time, with any reasonable amount of time devoted to advance photo location assessments and post-photography image processing provided free of charge. Excessive time that needs to be devoted to either will be charged for in addition to the photography. Other charges include travel costs, hire of models and locations, plus the hire of any specialist equipment that Nigel Hicks cannot normally be expected to own.

Images are normally provided as digital files on disc/memory stick, via e-mail or ftp upload, according to the clients’ wishes. Digital files are normally provided as two sets, with the images at two resolutions: low resolution (72ppi) for use on the internet, and high resolution (300ppi) for use in print media. The images in the two sets are identical in all other regards.

Reference prints may also be provided if requested. High quality prints are charged in addition to the photography fees.

Copyright for all photography remains with Nigel Hicks, unless agreed in writing before photography commences. Clients automatically receive a perpetual multiple-use license, that allows them to use the images for their own reference, record, promotional, and publicity purposes.

Copyright, licenses and fees for commissioned shoots and supply of stock images and/or text

All prints, greetings cards, images and text supplied by Nigel Hicks Photography, regardless of the format in which they are provided, are copyright Nigel Hicks, unless otherwise agreed in writing before the material is supplied.

Fees for use of text and/or images are negotiable, the fee varying with such factors as the intended type of usage, any degree of exclusivity required, period of usage and geographical area to be covered by any publication in which the material may appear. The fee usually covers a license to allow a single use of the material in either print or digital format, though fees covering two or more uses, in print and/or online may be negotiated, and on occasion a royalty-free license may be granted.

A standard single use license allows the client to use images and/or text only once in a specified usage (such as in a specific issue of a particular magazine or on a particular webpage). A multi-use license allows clients to use images and/or text for a pre-agreed number of times in specified publication(s) and for a particular period of time.

A royalty-free (RF) license (only granted for specific images) will allow a client to use each RF image as many times as they like and for any use on up to four computers in the same office of their company/organisation. Such images, however, may not be passed to any third party, either within the same company/organisation or in any other company/organisation or to any other individual. Furthermore, the client does not have the right to resell the image to any other party. Copyright for all royalty-free images remains with Nigel Hicks.

Acceptable use and limitations

Please note that use of any image or text, regardless of the type of license granted, is allowed only on the basis that none of Nigel Hicks’s text or images will be used in any way that is libellous, slanderous, pornographic, or in any other way illegal.

Text may be edited to fit the space available in the intended publication or to render it consistent with a publication’s style and content, but it may not be edited to falsify information or in any way significantly alter the meaning of the text as originally supplied by Nigel Hicks.

Images my be cropped to help them fit a page or to enhance impact or aesthetic attractiveness. They may also be digitally manipulated to enhance impact or aesthetic attractiveness, but they may not be altered in such a way as to falsify the true situation shown by the image(s).

Payment of fees for commissioned shoots and stock image/text supply

The timing of fee payments can be negotiated for each project between the client and Nigel Hicks Photography.

For large specially commissioned photography projects one third of the agreed fee should be paid in advance (upon conclusion of the agreement and signing of any contract), with the remainder to be paid following submission of the completed photography.

The same schedule of payments is generally expected for book commissions (for supply of text and/or images), though a third payment following publication may also be agreed. If payments for a book project are seen as an advance on future post-publication royalties (rather than simply as a fee) then royalty percentages and a sales reporting schedule also need to be agreed.

Payment for magazine or online usage, whether text, images or text/image packages, should normally be made following submission, though for some magazines and online uses it may be possible to agree a delay in payment until publication.

Payment for supply of stock images for any other project should be made as soon as the client has finalised which images (and hence how many) are going to be used, though once again it may also be possible to agree for payment to be delayed until publication.

Nigel Hicks Photography will issue invoices for all fees due, and these should be settled within 30 days by direct transfer into the Nigel Hicks Photography bank account. Fees will normally be quoted in Pounds Sterling, but other currencies can be used by mutual agreement.


Project conclusion

Following conclusion of each project we would be grateful if pdf files and any sample hard copies of published materials containing text and/or images supplied by Nigel Hicks Photography could be sent to us. This is purely for our own reference and portfolio uses.


All Nigel Hicks Photography courses are run by Nigel Hicks, and consist of close photographic tuition by Nigel Hicks.

To be sure of receiving a place on a course please fill in and submit the online one-day course booking form.

A place on any Nigel Hicks Photography course can only be confirmed once:
a) the participant’s name has been supplied;
b) the desired course date(s) has been selected, and
c) payment of the course fee has been made either by credit/debit card or direct online bank transfer, and the received funds have been cleared by the bank.

All courses, particularly those involving landscape or wildlife photography, include a certain amount of walking, sometimes over fairly rough ground. We do try to keep this to a minimum, but please be aware that anyone taking part will need to be able to walk at least one mile from the vehicle(s). The distance walked during any single day may amount in total to a couple of miles. Remember that rural and coastal paths are frequently steep and may be slippery, so care must be taken at all times. However, the views make it all very worthwhile!

Whilst we do everything we can to ensure the workshops are run in as safe a way and as safe an environment as possible, participants are responsible for the safety of themselves and their equipment. You are strongly advised to have your camera equipment insured for loss or damage when away from your home.

What the one-day course fee includes

Nigel Hicks’s time and tuition throughout the length of the one-day course (usually approx seven hours).

What the fee does not include

Transportation to and from the course meeting place; local transportation around the day’s photography venues; car-parking charges; admission charges; all food and drink, including lunch and snacks; insurance of any kind for yourself or your equipment.

Weather

Needless to say, we cannot guarantee the weather during any course. In the very unlikely event of bad weather making photography impossible we will attempt to continue with instruction (either theoretical or practical) indoors, but no refunds will be given.

Alternatively, we will try to rearrange the course for another day, usually the following day, provided most of those booked onto the course are available for such a revised date. Anyone unable to make it for a revised date will be offered a place on another course, or will be given a full refund if no acceptable alternative course is available.

Cancellations and refunds

If for any reason you find yourself forced to cancel your booking, you can reschedule for a later course. Alternatively, you can ask for a refund. A full refund will be given if you notify us more than one month beforehand.

Cancellations between one month and 7 days before the course will receive a 50% refund. Unfortunately we cannot refund fees if you cancel less than 7 days before the course.

If Nigel Hicks is forced to cancel or postpone a course, those people already booked on it will be offered places on other, similar courses. If these are not suitable then full refunds will be given.

Liability

Whilst we will take every care to ensure your health and safety during the course, Nigel Hicks Photography cannot accept liability for any illness or accidents occurring before, during or after the course, nor are we responsible for the safety of personal belongings and camera equipment. Course participants are ultimately responsible for their own safety at all times.

Data protection

An inevitable part of the booking process is that you supply us with some of your personal data. This will be retained by us and will not be passed onto any third party, except Stripe, our card and payment handling partner. We may also use this personal data to keep you informed of our future photography tours, courses and products, but only if you agree in advance to receiving such notifications. You can do this either by ticking the subscribe box when you fill in the booking form, or by filling in the newsletter sign-up form.


Booking and payment

When booking any of our photography tours you will need to pay a non-returnable deposit per place in order to confirm your booking. The size of the deposit may vary from one course to another. The remainder of the cost will need to be paid at least eight weeks before the start of the tour. If you wish to pay for the tour in instalments please talk to us about this so that a standing order can be set up. If booking eight weeks or less before the start of the tour you will need to pay the full amount to confirm your booking. Anyone booking for more than one person is responsible for paying for everyone in their party. You must be at least 18 years of age to make a booking.

If full payment is not received by us at least eight weeks before the start of the tour we reserve the right to cancel your booking and retain any payments already made by you.

Payment is by credit or debit card, or via direct bank transfer only.

Please note that, while accommodation bookings may be made as a group, through Nigel Hicks Photography, payment for such accommodation will need to be paid by each participant directly to the hotel(s). This is separate from the fee for the tour (which is payable directly to Nigel Hicks Photography).

Cancellation

All photography tours by Nigel Hicks Photography need a minimum of three or four confirmed bookings to go ahead. If we fail to get the minimum number by eight weeks before the tour is due to start then we reserve the right to cancel the tour, at which point we will refund all money you may have already paid for the tour, including your deposit, though no further compensation will be available. We will always endeavour, however, to do our best to ensure that the minimum number of bookings is reached and exceeded.

The only other reason that we may have to cancel a tour is if there are forces outside our control that make it impossible or highly inadvisable to proceed (for example, but not limited to, natural disaster, warfare, Foreign and Commonwealth Office warning against or prohibition of travel to the region to be toured). In these circumstances, all money you have already paid will be refunded, but not the deposit. No further compensation will be available.

If you find that you have to cancel your booking please do so as early as you possibly can. Your deposit will not be returned and neither will any other costs that we incur as a direct result of your cancellation. Any other money you have paid will be refunded provided you cancel your booking at least eight weeks prior to the start of the tour. If you cancel your booking between eight weeks and four weeks before the start of the tour we will refund 50% of the tour cost, if between four weeks and two week we will refund 25% of the cost, and if less than two weeks before the tour then we will refund 10% of the tour cost.

Variation of tour

We will always try to keep as close to the advertised itinerary as possible, but there may be occasions when it has to be varied, such as the result of adverse weather conditions, or inadequate time available to visit all places listed.

Furthermore, we are not in control of the hotels’ daily operations, and it may very occasionally be necessary to change a hotel booking. If this happens, accommodation will be swapped for a hotel of a similar standard.

Delays

If any of your flights are delayed for any reason, this is out of our control and responsibility, and you will be responsible for any additional costs you incur. If this happens during your outward journey please try to let Nigel Hicks know as he may be expecting your arrival at a particular time.

Additional costs

The cost of your photography tour includes bed and breakfast accommodation for the duration of the tour, plus transportation within the region to be visited and photographed, plus Nigel Hicks’s guidance and photography tuition. Unless specified otherwise, the fee does not include any flights, lunches, evening meals, refreshments, snacks, souvenirs, gifts, insurance, excursions additional to those specifically included in the itinerary, or any other personal purchases. These are your own responsibility.

Passports, visas and essential documentation

For overseas tours, you are responsible for ensuring that you have all the correct documentation needed to visit the country to be toured, and we are not responsible in any way if you or anyone in your party is refused entry to the country.

Travel insurance

We provide no insurance for yourself, your belongings or your camera equipment. You are strongly advised to ensure that you have adequate insurance for the tour.

Liability

Nigel Hicks and Nigel Hicks Photography disclaim any liability for any loss, damage, accidents, sickness or changes in schedule caused by any circumstances. We reserve the right to alter routes, itineraries and departure times at any time and without notice. Although we will always do our best to ensure that our photography tours are conducted as safely as possible, we cannot predict all eventualities. Tour participants are ultimately responsible for their own safety at all times.

Data protection

An inevitable part of the booking process is that you supply us with some of your personal data. This will be retained by us and will be passed onto only those third parties that need to know as part of the process of arranging a tour (eg hotels). We may also use this personal data to keep you informed of our future photography tours, courses and products, but only if you agree in advance to receiving such notifications. You can do this either by ticking the subscribe box when you fill in the booking form, or by filling in the newsletter sign-up form.

Complaints

If you feel you need to make a complaint during the tour then please do so immediately so that the problem can be rectified if at all possible. Any complaints you need to make following the completion of the tour should be sent to Nigel Hicks Photography in writing within 30 days of the end of the tour. Please bear in mind that once the tour is finished we cannot make any changes or refunds.


Gift vouchers can be bought for the full cost of both scheduled one-day and bespoke courses, or can be used as part-payment against the cost of a tour. Please order your gift voucher by filling in and submitting the form on the website’s gift vouchers page.

You can book a specific course when buying a voucher or leave the date open. If the date is left open, the voucher recipient should contact us to book their course date(s).

All vouchers must be paid for at the time of ordering, either by credit or debit card or via direct bank transfer. Please use the online payment form to make payment. You should be automatically directed to this once you’ve submitted your voucher order form.

Open date vouchers are valid for courses taking place within one year after purchase. Fixed date vouchers are valid only for the course on that date, though it is perfectly acceptable to change the date, if preferred.

Recipients of bespoke courses, whether half-day of one full-day should contact us to discuss preferred date(s) and location(s) for their course. Needless to say, all course dates are subject to weather, and so some flexibility with dates may be required in order to avoid bad weather. Vouchers for bespoke courses are valid for one year from the date of purchase.

Your voucher will normally be sent to you by e-mail, but it can be printed and posted if you specify this.

Note that vouchers cannot be exchanged for cash.


Legal interpretation

Nigel Hicks Photography is based in the United Kingdom, and as such the above terms and conditions are interpreted by and subject to English law.

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