DEFINITIONS

• Andy McKay Photography: shall mean Andy McKay

• the Client: shall mean the person or persons listed in the Booking Form under such prefix

• the Fee: shall mean the fee listed in the Booking Form for the purposes of the Client(s) attending the Workshop and including any applicable VAT

• the Dates: shall mean the date(s) listed in the Booking Form in respect of the commencement and termination date of the Workshop

• the Deposit: shall mean the sum listed on the Booking Form

• the Booking Form: shall mean the form attached to these terms and conditions

• the Workshop: shall mean any place, event or location together with such other details as may be recorded on the Booking Form to include accommodation and all tuition from Andy McKay and any associated photographic tutor during the Dates.

AGREEMENT

The Booking Form and these Terms and Conditions shall form the entire agreement between the parties save for any variations agreed in accordance with these Terms and Conditions and no variation or modification shall be effective unless accepted by Andy McKay in writing.

DEPOSIT

A Deposit is required when the client signs and returns the Booking Form in order to reserve a place on the Workshop for the requested Dates. The Deposit will apply towards the Fee payable for the Workshop requested by the Client.

PAYMENTS

The balance of the Fee must be paid for or on behalf of the Client no later than 28 days prior to the Dates. The Client shall always remain the persons liable to Andy McKay Photography for the Fee and irrespective of any third party who may in whole or in part pay any element of the Fee on behalf of the Client. Any bank or Paypal charges incurred due to returned cheques or Paypal fees will be debited to the Client and payable in addition to the Fee.

CANCELLATION

In the event of the Client cancelling the Workshop, Andy McKay Photography reserves the right to charge a cancellation fee in accordance with the following scale:

• the Deposit may be returned if cancellation takes place more than 3 months prior to the Dates

• 100% of the deposit will be retained if cancellation takes place less than 3 months prior to the Dates

• 100% of the Workshop Fee will be retained if cancellation takes place within 28 days of the Workshop.

In the event that the Client wishes to cancel a Workshop and attend a similarly priced alternative, then at the absolute discretion of Andy McKay Photography, and subject to availability, the Deposit may be applied to any alternative Dates for the Workshop, subject to an administration fee of £35, and this revised date shall be deemed to be the new Dates for the purposes of these terms and conditions.

WEATHER AD OTHER ADVERSE CIRCUMSTANCES

Weather permitting the Workshop will take place at the location described in the Booking Form. In the event of any adverse circumstances or inclement weather Andy McKay Photography, in co-operation with all the Clients attending the Workshop, will make the necessary changes to the Workshop schedule and will take all reasonable steps to provide the Workshop within the Dates. If the Workshop is a one day event only - should the weather be so bad as to prevent the workshop taking place, Andy McKay Photography will consult with all Clients and arrange a mutually convenient, alternative Date for the Workshop.

COVERAGE

Andy McKay Photography cannot be held responsible for the lack of photographic coverage caused by any restrictions in force by officials of any location where the Workshop is due to take place. Andy McKay Photography does not guarantee any specific photographs to include any specific person background, location, props, or arrangement, although every effort will be made to deliver the Workshop in accordance with the Booking Form.

TRAVEL AND ACCOMMODATION

The Fee does not cover any costs associated with the Workshop beyond accommodation, transport (as provided by Andy McKay Photography) and all photographic tuition during the Workshop. All other costs and expenses associated with attending the Workshop are the responsibility of the Client.

FORCE MAJEURE

Whilst every care is taken to provide the Workshop on the Dates, it is subject to alteration or cancellation by Andy McKay Photography owing to any cause/s beyond its reasonable control, i.e Act of God, Fire, War, Road closure, illness etc.

CANCELLATION BY ANDY McKAY PHOTOGRAPHY

In the event of cancellation by Andy McKay Photography, Andy McKay Photography’s liability shall be limited to a full refund of any sums paid by the Client in respect of the Workshop. A rearrangement onto a future Workshop can be arranged free of charge. Andy McKay Photography will not be responsible for any further costs, losses, claims or actions howsoever arising and the Client hereby indemnifies Andy McKay Photography against same.

ILLNESS AND NON ATTENDANCE

Andy McKay Photography will use all reasonable endeavours to ensure that the agreed number of photographers are available for each Workshop; however, in the unlikely event that one cannot attend to undertake the Workshop, the Workshop may proceed with one photographer and without reduction of the Fee.

GOVERNING LAW

This agreement shall in all respects be governed by the law of Scotland and the parties hereto submit to this jurisdiction.

INSURANCE

The Client is hereby advised to take out suitable insurance policy cover for any expenses, losses, claims, or actions of any kind arising in connection with (but without limitation) to both cancellation by either party and force majeure affecting the Workshop or any event or matter relating to or dependent upon the Workshop.

LIABILITY

Andy McKay Photography does not accept any liability for personal injury, accidents or losses of any kind whatsoever, and however caused, during the course of the Workshop and the client hereby indemnifies Andy McKay Photography against any claims, costs, losses or demands howsoever arising in this respect.

DECLARATION

In signing the Booking Form the Client hereby agrees and confirms that they have read and understood the content, meaning and effect of these Terms and Conditions and acknowledges that they have been afforded the opportunity of seeking their own separate and independent legal advice prior to their signing hereto.