WORKSHOP TERMS & CONDITIONS
DANIEL KENNEDY LIMITED / dankennedyworkshops.com
Who we are
Dan Kennedy Workshops are operated by Daniel Kennedy Limited.
THESE TERMS APPLY TO ALL workshop BOOKINGS
Please read these Terms and Conditions carefully, as they apply to all bookings. By booking a workshop you agree to abide and be bound by these Terms and Conditions. If you have any questions about these Terms and Conditions, please contact email@example.com.
We may change these Terms and Conditions at any time, which changes shall be applied immediately to all future bookings.
Our workshops will give you the opportunity to experience studio-based model photography, guided by a professional photographer. Part of the time will be spent working in groups of up to [ ], with some time on a one-to-one basis with the photographer and model. Time limits apply in order to ensure every attendee will have some individual guidance.
The venue and general format of the workshops will be as stated on our website. All workshops are conducted in English.
Where lunch is stated to be included, we will try to accommodate any special dietary requirements stated at the time of booking.
To ensure you and other attendees get the most out of our workshops, we ask that you arrive on time and attend each session in full. If you are unable to attend or are running late, you must notify us at firstname.lastname@example.org. We will only admit latecomers at our discretion.
We ask that everyone behaves politely and appropriately to other attendees, models and workshop staff at all times. No alcohol may be consumed before or during our workshops. We reserve the right to ask you to leave at our reasonable discretion if we consider it necessary.
We will provide photography equipment for your use on the day or you can bring your own. We cannot accept any liability for loss of or damage to your own equipment.
Fees & Cancellations
All workshop fees are payable in advance at the point of booking in £GBP. Fees include VAT unless otherwise stated.
We use Stripe™ to securely process all payments on our behalf. We do not collect or process your payment details directly.
All bookings are non-refundable, unless there are exceptional circumstances, in which case any refunds are at our sole discretion. If you wish to cancel or postpone a booking, please contact us at email@example.com and we will discuss with you.
Daniel Kennedy Limited may cancel or postpone a workshop at any time prior to commencement, in which case we will notify you as soon as possible. You will have the option either to re-book onto another workshop or request a full refund. Please note that we cannot refund travel or accommodation costs for cancelled or postponed workshops.
Elements of each workshop (such as the venue, photographers, models, workshop staff) may be subject to reasonable change without notice. If a named photographer is unavailable, we may substitute with someone of comparable skill and experience, at our discretion. No refunds will be given in the event of any such changes although we will endeavour to notify you, if possible, of any material changes.
PHOTOGRAPHY Usage & Privacy
Following our workshops you will receive a file containing your workshop photographs. You must not film or record our workshop at any time without permission.
You may use your workshop photographs strictly as part of your own photography portfolio i.e. alongside other images collated to demonstrate your own photographic skill and experience. You may not make any use of the images for any commercial purposes whatsoever. Social media usage is allowed but only as part of your own photography portfolio. Images must not otherwise be submitted online, to magazines, exhibitions or competitions or used in any advertising or promotional context without our prior written permission.
You must credit ‘DanKennedyWorkshops.com’ when posting any images taken at our workshops online or on social media.
You acknowledge that we have advised you that no participants at our workshops will have given copyright or privacy releases allowing your commercial use of any images taken at the workshop. Also, in relation to any images that we have participated in (e.g. by art and photography direction) we may be considered to be joint owner of copyright. You may be subject to legal action if you use any images commercially. If you breach these Terms and Conditions, you agree to indemnify, defend and hold harmless Daniel Kennedy Limited, its directors, staff and all other workshop attendees against any claims, losses, costs or expenses (including legal fees) arising out of or relating to any claim that you have used without proper authorisation an image taken at the workshop.
If you are unsure about what is a permitted usage, please contact us at firstname.lastname@example.org. This shall not affect your liability.
You agree that we may use selected examples of your workshop photography to promote our workshops and business, as long as we take responsibility for obtaining any required consents from others e.g. our models. We may also use images and recordings of you taken at our workshops and publish testimonials and reviews that you submit to us to promote our business.
Daniel Kennedy™, Dan Kennedy™ and Dan Kennedy Workshops™ are trade marks that we own or use under licence. You are not permitted to use these names in the course of trade without our permission. You must not use our names to endorse you or your photography or to imply any commercial relationship or association between us.
Limitations of liability
Daniel Kennedy Limited will ensure a safe environment for all attendees at our workshops. We hold appropriate public liability insurance covering our workshops. We do not limit our liability in any respect for personal injury, death or any liability that cannot be limited at law.
We shall not be liable for any loss, theft or damage to your personal property at the workshops.
We shall use reasonable endeavours to ensure that our workshops are informative and useful but we do not promise or give any warranties as to workshop content, outcomes or quality of your workshop photographs.
· We shall not have any liability to you in relation to any events outside our control (‘force majeure).
· If we fail to insist on strict performance of any obligations under these Terms and Conditions, this shall not waive our rights or relieve you of any other obligations.
· These Terms and Conditions and any documents referred to within them contain the entire agreement between us.
· These Terms and Conditions shall be governed by the laws of England and Wales. Any dispute between us shall be subject to the exclusive jurisdiction of the courts of England.
2018 © Daniel Kennedy Limited
Last updated: 13 August 2018
DANIEL KENNEDY LIMITED / dankennedyworkshops.com
In order to provide our workshops, website and to promote our business, we will need to collect and process certain information about you. We are committed to protecting the privacy of our customers in accordance with applicable data protection laws, which includes the EU General Data Protection Regulation (‘Data Protection Laws’).
Under applicable Data Protection Laws, we will be the “data controller” of the personal information that we collect about you.
WHEN WE COLLECT INFORMATION
We will collect personal information about you in these circumstances:
· When you fill in forms on our website
· When you contact us by phone, email or otherwise interact with us or provide information to us
· When you book a workshop
· When you attend a workshop
· When you subscribe to notifications, emails, newsletters or other communications
· When you submit payment information to us
· When you visit our website
WHAT INFORMATION WE COLLECT
We may collect the following types of personal information about you:
· Your name
· Telephone number
· Email address
· Correspondence address
· Other information relevant to your order or booking e.g. specific interests and objectives, dietary requirements, accessibility needs
· Some limited demographic information relevant to our services
· Payment card details (we use Stripe™ for this)
· Testimonials and reviews that you provide
· Images and recordings of you taken with your agreement at workshops that you attend
· We may also derive some information about you when you visit our website or open emails that we send to you, including general user information about your computer and your visits (including your IP address, location, browser, operating system, referral source, length of visit and the pages you visit). This information can be facilitated by cookies (see our Cookies policy below)
HOW WE USE YOUR INFORMATION
We may use your information in a number of ways, including:
· Corresponding with you and managing your relationship with us
· Processing and managing your bookings
· Sending you newsletters and notifications you have subscribed to
· Discussing and advising you in relation to your bookings and use of our website
· Enhancing and improving our services, workshops and website
· Promoting our similar goods and services to you and inviting you to events and further workshops, unless you opt out at any time
· Managing our business, including for accounting and auditing purposes
· Maintaining our website and IT systems
· Dealing with any complaints or legal disputes involving you or our suppliers
· Preventing fraud
We do not share your informaiton with others for marketing purposes
LAWFUL BASIS ON WHICH WE USE YOUR INFORMATION
We will only ever use your personal information as permitted under Data Protection Law, which means one or more of the following will always apply:
· To negotiate and perform contractual obligations
· To comply with our legal and regulatory obligations
· In pursuing our legitimate interests or those of a third party (for example, conducting our business in an efficient and compliant manner) and where your interests and fundamental rights do not override these interests
· Where you have given clear and valid consent to such use.
THIRD PARTIES WE WORK WITH
In addition to our employees, we may work with freelancers and other contractors to provide our workshops to you. We may also retain the services of other carefully selected partners and suppliers to perform functions on our behalf, which may involve sharing your information with them. Examples of these functions would include third parties as follows:
· training and helping at our workshops
· assisting us to process your bookings
· authorising and validating credit or debit card transactions (we use Stripe™ for this)
· website design, hosting and support
· newsletter distribution (we use Mailchimp for this)
· PR and printing services
· invoicing, accountancy and legal services
· our regulators and law enforcement agencies
· in the context of a possible sale or restructuring of our business
· if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and Conditions or other agreements; or to protect the rights, property, or safety of us, our customers, or others.
All third parties are required to respect the confidentiality of your personal information. They are required to take appropriate security measures to protect your personal information. We do not allow them to use it for their own purposes, but only as we specify and in accordance with our instructions.
THIRD PARTY SITES AND SERVICES
Our website may contain links to third party websites. Please be aware that we cannot be held responsible for the privacy practices of other websites. We encourage all visitors to be aware and read the privacy statements of each and every website that collects personally identifiable information.
WHERE YOUR INFORMATION IS STORED
Your information will be held at our offices and our website is hosted by Squarespace. Where your information is transferred to countries outside the UK (e.g. to Squarespace servers in the US) it will always be done in compliance with Data Protection Laws to ensure that it is adequately protected (e.g. using the EU-US or Swiss-US Privacy Shield Frameworks).
HOW WE KEEP YOUR PERSONAL INFORMATION SAFE
We will safeguard your information in our custody. We have developed and will maintain adequate security procedures to safeguard personal information against loss, theft, copying, and unauthorised disclosure, use or modification. Access to personal information is restricted to employees and authorised individuals and companies who need it to perform their work. We also regularly review our information collection, storage and processing practices, including physical security measures, to guard against unauthorised access to systems.
RETENTION OF RECORDS
We will do our best not to keep your personal information for longer than necessary to facilitate your attendance at our workshops and ongoing relationship, other than as required by law. We will regularly review the information that we hold and delete unnecessary information from our systems.
Unless you request otherwise, we may retain information that will make providing our services to you more convenient and safer, such as your previous bookings, but you have the right to ask us to delete any information that we hold about you – see the Your Rights section below.
When your personal information is no longer required, it will be destroyed either by shredding or other approved destruction methods to prevent unauthorised parties from gaining access to the information during and after the process.
You have several rights as a data subject as summarised below:
· Access: You have the right to obtain confirmation as to whether your personal information is being processed by us and, if it is, to access your information and details of how we process it, as long as this does not adversely affect the rights and freedoms of others.
· Rectification: We will rectify any errors in the personal information we hold on request.
· Erasure: You may ask us to erase your personal information from our systems in the following situations:
o The information is no longer necessary in relation to the purpose for which it was collected;
o You withdraw your consent on which the processing is based and where there is no other legal ground for the processing;
o You object to the processing and there are no overriding legitimate grounds for the processing;
o The information has been unlawfully processed;
o The information has to be erased for compliance with a legal obligation to which we are subject.
· Right to restrict processing: You have the right to restrict our processing on specified grounds.
· Notification: Where you have asked us to rectify, erase or restrict processing of your information, we shall communicate the same to each recipient to whom your information has been disclosed, unless this proves impossible or involves disproportionate effort, in which case we shall let you know.
· Data portability: You have the right in specific circumstances where processing is based on consent to receive your information in a structured, commonly used and machine-readable format and have the right to transmit the information to another controller without hindrance, provided that our processing is carried out by automated means.
· Right to object: In certain circumstances you have the right to object to our processing of your information, including in relation to profiling, direct marketing or scientific or historical research purposes.
· Right to complain to a supervisory authority: You are entitled to lodge a complaint with the Information Commissioner’s Office (ICO) at www.ico.org.uk in relation to our use of your personal data.
You also have the right to object to automated decision-making, including profiling, but we do not use your information for these purposes.
HOW TO EXERCISE YOUR RIGHTS
To exercise any of your other data subject rights, please contact us at email@example.com.
You may request a copy of information undergoing processing, subject to evidence of your identity (normally a certified copy of your passport plus an original copy of a utility bill showing your current address). The first copy shall be provided without charge, but reasonable administration fees shall be charged for additional or subsequent copies.
We shall respond to your requests without undue delay and in any event within one month unless we need to extend such period by up to two further months in specific circumstances. Please note that if you delete or restrict your account or required information, this may prevent you from making full use of our services or website.
WHAT HAPPENS IF A DATA BREACH OCCURS
Whilst we endeavour to keep your personal information safe, we have an internal investigation procedure in case of data protection security breaches.
In the event of data theft, we may suspend access to our servers, emails and online systems and take other urgent steps to prevent further unauthorised access to information.
If we believe that our data systems have been compromised, we will report the issue to the Information Commissioner's Office (ICO) at www.ico.org.uk.
We will notify you without delay if we believe a data breach is likely to result in a significant risk to your rights and freedoms. Any notification will describe in clear and plain language the nature of the personal data breach and contain all required information.
2018 © Daniel Kennedy Limited
Last updated: 13 August 2018