TERMS & CONDITIONS

Terms & Conditions

1. Definitions

1.1. Welcome to www.pixaroundyou.com (“the Website”). The following terms and conditions (the “Agreement”) form a binding contract between you and PIX AROUND LTD (“Pix Around”), its employees, officers, subsidiaries and related bodies corporate. PIX AROUND LTD is a company registered in England and Wales under registration number 04920317 with registered office at Office 5 Fairbank Studios, 75-81 Burnaby Street, Chelsea, London, England, SW10 0NS, United Kingdom. Please review the following terms carefully. By using the Website or any of our Services, you are agreeing to these terms.

1.2. The words “we”, “our” and “us” relate to Pix Around, its employees, officers, subsidiaries and related bodies corporate.

1.3. The words “you” and “your” relate to the user of the Website or Services, or the person on whose behalf that person accesses or uses the Websiteor Services.

1.4. The words “Photographer” and “Photographers” relate to the independent contracted Photographers selected by Pix Around and assigned to you after making a booking on the Website.

1.5. The words “Third Party” and “Third Parties” relate to selected third parties who may offer you related services, including but not limited to providers of print products and merchandising.

1.6. The word “Services” refers to the services outlined at paragraph 2 below.

1.7. This Agreement governs the use of the Webste and the Services, including booking Photographers online, attending a photo shoot with your assigned Photographer, downloading digital image files, ordering online prints and participation in promotions run by Pix Around. The Agreement can be accessed at any time from the footer on the Website.

1.8. We reserve the right to withdraw or amend the Services without notice. We will not be liable for any reason if they are unavailable at any time or for any period.

1.9. In order to access the Services, you must be eighteen (18) years of age or older.

1.10. We have the right to not provide the Services, at any time, if we consider that you have failed to comply with any of the provisions of these terms and conditions.

1.11. You acknowledge and agree that through your use of the Services, you consent to the collection and use of personal information.

2. Our Services

2.1. Pix Around provides photography services through a network of carefully selected independent professional Photographers operating in destinations worldwide. The contractual relationship for the provision of photography services is exclusively between the Client and Pix Around. Photographers engaged by Pix Around act as independent service providers and are not employees of Pix Around.

2.2. Clients may browse Photographer portfolios, destination information, and service descriptions available on the Pix Around website prior to making a booking request. Following confirmation of availability, Pix Around will issue an invoice containing a secure payment link and/or QR code. A binding agreement between the Client and Pix Around is formed only upon receipt of full payment, cleared and undisputed, by Pix Around.

2.3. Following receipt of payment, Pix Around will coordinate all operational aspects of the booking and assign the Photographer deemed most suitable for the requested service, taking into account Client preferences, destination requirements, Photographer expertise, and availability.

2.4. Pix Around does not guarantee the assignment of any specific Photographer featured on its website. Pix Around reserves the right to assign or replace the Photographer at any time prior to the Photography Session due to operational, logistical, professional, weather-related, health-related, or other reasonable circumstances. Such replacement shall not constitute grounds for cancellation, refund, compensation, or any other claim.

2.5. Pix Around will provide the Client with a booking confirmation containing the confirmed date and time of the Photography Session, meeting instructions, and any other relevant information necessary for the service.

2.6. During the Photography Session, the Client may request additional shooting time, subject to the Photographer’s availability and Pix Around’s approval.

2.6.1. Any approved extension shall be invoiced separately. Pix Around will provide the Client with a secure payment link, and payment must be completed within twenty-four (24) hours following the Photography Session. Additional photographs and related services will only be delivered after full payment has been received.

2.7. Following the Photography Session, the assigned Photographer will select and edit a number of photographs corresponding to the package purchased by the Client, including any additional services or extensions duly booked and paid for.

2.8. All image selection, editing, color grading, retouching, and post-production work shall be performed according to Pix Around’s quality standards and the Photographer’s professional artistic judgment, unless otherwise agreed in writing prior to the Photography Session.

2.9. Upon completion of the editing process, Pix Around will provide the Client with access to a private online gallery from which the photographs may be viewed and downloaded.

2.9.1. The online gallery will remain available for the period specified in the package purchased by the Client, which may be three (3), six (6), or twelve (12) months from the date of delivery, depending on the selected package. Following expiration of the gallery, Pix Around may, at its sole discretion and subject to file availability, provide a new upload of the gallery for an administrative fee of €50.

2.10. The Client may share the gallery link with third parties at their own discretion.

2.10.1. By sharing the gallery link publicly, privately, or through social media platforms, the Client acknowledges that third parties may gain access to, view, download, reproduce, or distribute the photographs.

2.10.2. Pix Around shall not be responsible for safeguarding, monitoring, controlling, or restricting access to gallery links once they have been provided to the Client.

2.10.3. Pix Around accepts no liability for any privacy breaches, unauthorized downloads, distribution of images, or other consequences arising from the Client’s decision to share gallery access credentials or links with third parties.

3. Acceptance of Terms and Conditions

3.1. These Terms and Conditions govern all services provided by Pix Around. By requesting, booking, purchasing, or otherwise using any service offered by Pix Around, the Client agrees to be bound by these Terms and Conditions in their entirety.

3.2. Prior to payment, Pix Around makes its Terms and Conditions available to Clients and/or their authorized representatives. By paying any invoice issued by Pix Around, whether directly or through a travel advisor, travel agency, Destination Management Company (DMC), concierge, event planner, family member, corporate representative, or any other third party acting on the Client’s behalf, the Client expressly acknowledges that they have had the opportunity to review these Terms and Conditions and irrevocably agree to be legally bound by them.

3.3. Payment of a Pix Around invoice shall constitute full, unconditional, and binding acceptance of these Terms and Conditions. Such acceptance shall apply regardless of the payment method used, including but not limited to credit card payments, payment links, QR-code payments, bank transfers, or any other payment method accepted by Pix Around.

3.4. The Client acknowledges and agrees that failure to read, review, understand, or retain a copy of these Terms and Conditions shall not relieve the Client from their applicability, validity, enforceability, or legal effect. The Client expressly waives any right to claim that these Terms and Conditions are unenforceable, unknown, undisclosed, unread, misunderstood, or otherwise not binding due to the Client’s failure to review them before payment.

3.5. Where a booking is made by a travel advisor, travel agency, Destination Management Company (DMC), concierge, event planner, corporate representative, family member, or any other intermediary acting on behalf of the Client, such intermediary shall be deemed authorized by the Client to accept these Terms and Conditions on the Client’s behalf. In such circumstances, both the intermediary and the Client shall be deemed to have accepted these Terms and Conditions upon payment of the invoice.

3.6. If the Client has any questions regarding these Terms and Conditions, the Client is solely responsible for seeking clarification from Pix Around before making payment. Once payment has been received, no objection based on a lack of knowledge, misunderstanding, failure to read, or failure to request clarification of these Terms and Conditions shall be accepted.

4. Refund Policy

4.1. If you have made a booking with Pix Around and you are not able to attend, you can request a refund of the booking fee. We are not responsible for any delivery or transaction fees paid by you at the time of purchase of the Photo Shoot. Our conditions of refund are in clause 4.2:

4.2. Conditions of Refund:

4.2.1. We will consider offering a 90% refund or a substitute Photo Shoot to you if you communicate your cancellation to Pix Around or your assigned Photographer in writing more than 15 days before the shoot.

4.2.2. We will consider offering a 50% refund of the booking fee if you communicate your cancellation to Pix Around or your assigned Photographer in writing up to 7 days before the shoot. No substitute will be given.

4.2.3. If you communicate your cancellation to Pix Around or your assigned Photographer in writing less than 7 days before a photo shoot, or do not communicate your cancellation to Pix Around or your Photographer at all, no refund or substitute will be given.

4.2.4. Any refunds will be processed back to the purchaser only and will be net of any transaction fees or taxes etc.

4.3. In the event that a Photography Session cannot take place due to natural disasters, acts of war, epidemics, pandemics, government-imposed travel restrictions, border closures, or other force majeure events beyond the reasonable control of Pix Around, no refund shall be due. Instead, Pix Around will issue a voucher equal to the amount paid by the Client.

The voucher shall be valid for a period of twelve (12) months from the date of issuance and may be used toward the booking of a future Photography Session, subject to availability.

The voucher shall retain only its original monetary value. If, at the time of redemption, Pix Around’s rates, package prices, taxes, fees, or other applicable charges have increased, the voucher will be applied only up to its original face value, and the Client shall be solely responsible for paying any difference between the voucher value and the then-current price of the requested service.

The voucher is non-refundable, non-transferable unless otherwise authorized in writing by Pix Around, and may not be exchanged for cash under any circumstances.

4.4. Weather Conditions and Force Majeure During the Photography Session

Pix Around’s Photography Sessions are designed to operate under normal weather conditions, including overcast skies, moderate temperatures, and light rain where reasonably feasible. However, the safety of the Client, Photographer, equipment, and third parties shall always take priority.

In the event of severe adverse weather conditions that make the Photography Session unsafe, impossible, or commercially unreasonable to perform, including but not limited to thunderstorms, lightning storms, snowstorms, blizzards, tornadoes, hurricanes, floods, extreme wind conditions, or similar force majeure events, Pix Around shall, at its sole discretion, offer one of the following remedies:

a) A voucher equal to the amount paid by the Client, valid for twelve (12) months from the original session date. The voucher may only be redeemed in the same destination and, subject to availability, with the same Photographer originally assigned to the booking; or

b) Written documentation confirming the cancellation due to adverse weather conditions, which the Client may submit to their travel insurance provider for reimbursement purposes. Pix Around strongly recommends that all Clients obtain comprehensive travel insurance covering weather-related disruptions, trip cancellations, and other unforeseen events.

No cash refund shall be due from Pix Around in connection with cancellations caused by severe weather events beyond its reasonable control.

In the event of light rain, intermittent showers, or weather conditions that do not prevent the Photography Session from taking place safely, Pix Around may, at its sole discretion, offer one or more of the following alternatives:

a) Relocation of the Photography Session to an indoor venue, including but not limited to the Client’s hotel, residence, event venue, covered architectural locations, or another suitable location recommended by the Photographer; and/or

b) Rescheduling of the Photography Session to a different time on the same day or to another date, subject to Photographer availability and operational feasibility.

If one or more of the above alternatives are offered by Pix Around and are refused by the Client, the Client shall not be entitled to any refund, credit, compensation, chargeback, dispute, or other financial remedy. In such circumstances, the Photography Session shall be deemed cancelled at the Client’s request.

The determination of whether weather conditions permit the safe and professional execution of the Photography Session shall be made exclusively by Pix Around and/or the assigned Photographer, whose decision shall be final and binding.

5. Prices

5.1. All prices quoted by Pix Around are expressed in Euros (€). Clients paying in a currency other than Euros may be subject to exchange rate fluctuations, foreign transaction fees, bank charges, credit card fees, or other costs imposed by their payment provider, credit card issuer, bank, or financial institution. Pix Around has no control over such exchange rates, conversion methods, fees, or charges and accepts no responsibility or liability for any differences between the amount invoiced by Pix Around and the amount ultimately charged to the Client by their financial institution.

5.2. All prices are correct at the time of quotation or publication. However, Pix Around reserves the right to amend, modify, or update its prices, packages, inclusions, fees, and surcharges at any time and without prior notice. Any price change shall not affect bookings that have already been confirmed and fully paid.

5.3. Photography Sessions scheduled on national public holidays, bank holidays, religious holidays, or other officially recognized public holidays in the country where the service is being provided shall be subject to a mandatory surcharge of €300. This surcharge reflects the increased operational costs and limited Photographer availability associated with such dates and shall apply regardless of the package selected or the duration of the Photography Session

6. Transfer of Bookings

6.1. All Pix Around bookings are fully transferable to another nominated party prior to the date of the photo shoot. All variations must be communicated in writing.

7. Availability of Photographers

7.1. All photo shoot bookings are offered subject to the availability of Photographers. To secure a photo shoot, bookings should be made at least 7 days in advance. If you would like to book during peak times (such as weekends or holidays), you should book further in advance.

7.2. Bookings are not finalised until you have received the email entitled “Confirmation of your booking” containing details of your assigned Photographer, his or her contact details, the photo shoot location and meet-up location.

7.3. The dates you indicate at the time of making your online booking are guidelines only. While we will do our best to accommodate your first or second preferences in arranging your photo shoot, there are always events outside our control which will require us to communicate further with you in arranging a different suitable time for both you and your assigned Photographer.

7.4. We make no guarantees about the availability of any particular Photographer for your Photo Shoot and reserve the right to choose the most appropriate Photographer for your circumstances.

7.5. If we are unable to arrange a time and date that is suitable for both you and a Photographer, we will issue a full and immediate refund of the amount paid at booking, excluding any transaction or conversion fees.

8. Contact Details

8.1. It is your responsibility to ensure that you enter your email address and other contact details correctly when you complete the photo shoot booking process on the Pix Around website. Failure to do so may result in loss or incorrect delivery of the email confirmation of your experience.

8.2. If you do not receive a confirmation email within an hour after booking, please contact us at info@pixaroundyou.com to ensure that we have your correct contact details.

9. Weather Conditions

9.1. Pix Around Photography Sessions are intended to operate under normal weather conditions, including overcast skies, moderate temperatures, and light rain where reasonably feasible. However, the safety of the Client, Photographer, equipment, and third parties shall always take priority.

In the event of severe adverse weather conditions that make the Photography Session unsafe, impossible, or commercially unreasonable to perform, including but not limited to thunderstorms, lightning storms, snowstorms, blizzards, tornadoes, hurricanes, floods, extreme wind conditions, wildfires, or similar force majeure events, Pix Around shall, at its sole discretion, offer one of the following remedies:

No cash refund shall be due from Pix Around in connection with cancellations caused by severe weather events beyond its reasonable control.

9.2. In the event of light rain, intermittent showers, or weather conditions that do not prevent the Photography Session from taking place safely, Pix Around and/or the assigned Photographer may, at their sole discretion, offer one or more of the following alternatives:

a) Relocation of the Photography Session to an indoor venue, including but not limited to the Client’s hotel, residence, event venue, covered architectural locations, museums (where permitted), or another suitable location recommended by the Photographer;

b) Modification of the original itinerary, route, or shooting locations in order to achieve the best possible photographic results while taking prevailing weather conditions into account;

c) Rescheduling of the Photography Session to a different time on the same day or to another date, subject to Photographer availability and operational feasibility.

10. Complaints, Service Concerns, and No Refunds for Subjective Dissatisfaction

10.1. If the Client has any concern, complaint, special request, or issue regarding the Photography Session, the Client must bring it to the attention of the Photographer and/or Pix Around immediately during the session whenever reasonably possible. This allows Pix Around and the Photographer the opportunity to assess the situation and, where feasible, implement corrective measures at the time of service delivery.

10.2. Any concerns relating to the Photographer’s approach, posing direction, route, location choices, pace of the session, weather conditions, lighting conditions, crowd levels, or any other operational aspect of the Photography Session must be raised before or during the session. Failure to communicate such concerns during the Photography Session shall constitute acceptance of the service as delivered and may limit Pix Around’s ability to address such concerns afterwards.

10.3. Once the Photography Session has been completed, no refund, partial refund, credit, voucher, financial compensation, price reduction, or other remedy shall be granted under any circumstances based on the Client’s subjective dissatisfaction with the photographs, the artistic style, the editing style, the Photographer’s creative approach, image composition, image selection, retouching, color grading, or the final delivered images.

10.4. Photography is inherently artistic and subjective in nature. While Pix Around and its Photographers will perform the services professionally, diligently, and in accordance with the agreed service description, Pix Around does not guarantee that the final photographs will meet the personal tastes, preferences, expectations, aesthetic standards, or subjective opinions of any individual Client, participant, recipient, or third party.

10.5. Clients are solely responsible for reviewing and evaluating the Photographer’s portfolio, editing style, artistic approach, and body of work before confirming a booking. If a Client elects not to request or review the Photographer’s portfolio or sample galleries prior to the Photography Session, any subsequent dissatisfaction with the Photographer’s artistic style, editing techniques, image composition, retouching, color grading, image selection, or creative decisions shall not constitute grounds for any refund, compensation, chargeback, dispute, credit, or other financial remedy.

10.6. The Client acknowledges that the quality, appearance, and artistic outcome of a Photography Session may be influenced by numerous factors beyond Pix Around’s control, including but not limited to weather conditions, lighting conditions, seasonal factors, crowd levels, traffic, venue restrictions, government regulations, access limitations, visibility conditions, construction works, and the time of day selected for the session.

10.7. Pix Around and its Photographers may provide professional recommendations regarding the most suitable dates, times, routes, locations, lighting conditions, and operational arrangements for the Photography Session. If the Client, or any person acting on the Client’s behalf, including but not limited to a travel advisor, travel agency, concierge, Destination Management Company (DMC), event planner, family member, corporate representative, or any other third party, elects to schedule the Photography Session at a time, date, or location different from that recommended by the Photographer, any dissatisfaction relating to lighting conditions, weather impact, crowd presence, visibility, venue limitations, photographic quality, atmosphere, or the overall artistic outcome of the images shall not constitute grounds for any refund, compensation, credit, discount, chargeback, dispute, or other financial remedy.

10.8. Any requests for specific editing styles, retouching requirements, image manipulation, special effects, image selection criteria, or other special deliverables must be communicated to Pix Around in writing and expressly approved before the Photography Session takes place. Such requests may be subject to additional fees, technical limitations, and Photographer availability. Failure to communicate such requirements in advance shall not entitle the Client to any refund, discount, compensation, complimentary re-editing services, or other remedy.

10.9. This policy is final, binding, and non-negotiable. No subjective dissatisfaction relating to the artistic, creative, stylistic, or aesthetic aspects of the Photography Session shall give rise to any right of cancellation, refund, compensation, chargeback, dispute, or legal claim against Pix Around.

10.10. By paying any invoice issued by Pix Around, the Client expressly acknowledges, accepts, and agrees to be legally bound by this clause and by all applicable Terms and Conditions governing the service. This acceptance shall apply regardless of whether payment is made directly by the Client or by any third party acting on the Client’s behalf, including but not limited to a travel advisor, travel agency, concierge, Destination Management Company (DMC), event planner, family member, or corporate representative.

10.11. Payment of the invoice by any party connected to or representing the Client shall constitute full, unconditional, irrevocable, and binding acceptance of this clause. The Client expressly agrees that dissatisfaction with the artistic, creative, stylistic, or aesthetic outcome of the Photography Session may not subsequently be used as grounds for any refund request, payment dispute, chargeback claim, or other attempt to recover sums paid to Pix Around.

11. Insurance

11.1. Prior to ordering or participating in any photo shoot you should be aware of the risks involved. In particular, by agreeing to these Terms & Conditions you agree that you attend your Photo Shoot at your own risk. Pix Around does not accept liability for any incidents, accidents, claims by third parties against you, or any other losses that may occur during, or as a result of, your Photo Shoot or during your trip. We recommend that you have your own health and travel insurance to cover any accidents that may occur while you are travelling and attending your Photo Shoot.

11.2. Pix Around makes no warranty or representation about the Photographer’s business or services whatsoever, including any insurance cover they may hold. The responsibility rests with you to make independent enquiries with the Photographer or other third parties.

12. Descriptions of Photo Shoot Locations

12.1. Pix Around tries to ensure that our promotional information is accurate and up-to-date. However, the content, format, physical characteristics or attributes of some photo shoot locations may change from time to time. The Photographer (upon confirmation of each booking) will provide the final details about each photo shoot and will notify you of any subsequent changes.

12.2. Pix Around makes no warranties or guarantees in relation to the physical characteristics or otherwise of the photo shoot locations, and accepts no liability in relation to any reliance placed on information provided by the Website. You should make your own enquiries about the suitability of the physical characteristics of the shoot location/s.

12.3. The photographs used on our website are sample photographs, used for illustrative purposes only. They should be used only as a guide to the types of photographs you may expect to receive after completion of your photo shoot and do not represent a warranty or guarantee of the final quality or nature of your photos, or the work of a specific Photographer. Pix Around has no control over the final quality and nature of the photos.

12.4. Pix Around Photographers are located in many locations around the world and cover a wide geographical area. The description given to cities and neighbourhoods are indicative only. Photo shoots may not be available in every location in every area.

13. Photo Shoot Session Length

13.1. Photo shoot session lengths are approximate and are a guide to the total time you will be photographed by your Photographer. Unless otherwise stated, there may be waiting time or delays involved. Any itinerary provided to you is indicative only and the order of events may change. You may consider liaising with your Photographer in advance to determine the possibility of any delays.

14. Additional Fees

14.1. Photographers are liable for the costs of their own transport to your photo shoot location. However, if you choose to use any paid activities or services during your Photo Shoot (for example, if you purchase food and drink) you are responsible to pay for your own use of any such activities or services. If the Photographer cannot photograph you without making a similar payment, you are also responsible to pay on the Photographer’s behalf.

14.2. Pix Around reserves the right to charge such extra fees as applicable, and will communicate them to you at the time of confirmation of booking.

14.3. Clients may request a renewal of their online gallery for an additional fee of €50

15. Promotional Offers

15.1. Pix Around offers promotional discounts, promotional codes and special offers from time to time.

15.2. If you have a promotional code, it should be entered at the final payment screen where prompted.

15.3. By redeeming any of Pix Around’s promotional discounts, promotional codes or special offers, you agree to accept and comply with all of the following terms and conditions of use.

15.3.1. If you have been provided a valid promotional code, you must enter it into the designated field in the shopping cart. Otherwise, your discount will not be applied.

15.3.2. Promotional discounts, promotional codes and special offers must be used before the designated expiration date. No extensions will be allowed under any circumstances.

15.3.3. Unless otherwise specified, promotional discounts, promotional codes and special offers may only be used once per person, and must be used at the time of checkout.

15.3.4. Only one promotion may be used per booking.

15.4. Pix Around reserves the right to verify the validity of promotional codes, promotional discounts or special offers at any time. Pix Around also reserves the right to remove any promotional codes, discounts or special offers without notice at any time.

16. Pix Around Gift Cards

16.1 The Gift Card terms and conditions are between you, the recipient of Gift Card, and the merchant that issues and redeems this Gift Card (“Pix Around”). By purchasing, accepting or using a Gift Card, you agree to be bound by these terms and conditions.

16.2 In order to redeem your Gift Card you must have a PayPal account or an active credit card.

16.3 Your Gift Card can be used solely to pay for photo shoots sold on Pix Around’s website. To redeem the value associated with your Gift Card, you will be required to provide your Gift Card code during the checkout process.

16.4 You cannot redeem a Gift Card at any other merchant or for cash.

16.5 You can only redeem a Gift Card at the Website.

16.6 If the amount of your order exceeds the value remaining on the Gift Card, you will be required to pay for the balance using PayPal or your credit card.

16.7 You may use more than one Gift Card at a time.

16.8 For security purposes, you may be required to enter credit card or bank account information before you can redeem the Gift Card.

16.9 No fees will be charged in connection with your Gift Card.

16.10 Recipient Cancellations: Gift Card recipients can cancel their Gift Card within 60 days of the purchase date and have funds refunded to the purchaser. Gift Card recipients cannot redeem the Gift Card for cash.

16.11 Purchaser Cancellations: The purchaser will have 60 days from the date of purchase to cancel the Gift Card and receive a full refund, provided the Gift Card has not been redeemed.

16.12 Merchant Cancellations: Gift Cards are issued by Pix Around. Pix Around may cancel a Gift Card at any time for any reason and shall refund any unused Gift Card value to purchaser, provided the Gift Card has not been redeemed.

16.13 Refunds: Refunds on Gift Cards that were purchased using a credit/debit card will have the face value credited to that credit/debit card. Refunds on Gift Cards that were not purchased using a credit/debit card will be placed into the purchaser’s PayPal account.

16.14 Expiration: Pix Around Gift Cards expire after one year.

16.15 Email Delivery: Gift Cards that have a scheduled future email delivery date are sent at approximately 9:00 am Central European Time Zone on the day of the scheduled delivery.

16.16 Your Gift Card is non-transferable and its resale is prohibited.

16.17 Your Gift Card cannot be redeemed for cash and has no cash value.

16.18 Your Gift Card cannot be used to purchase other Pix Around Gift Cards offered through PayPal.

16.19 Neither Pix Around nor PayPal is responsible for lost, stolen, or misused Gift Card codes unless otherwise required by law.

16.20 Purchase and redemption of Pix Around Gift Cards is subject to the PayPal User Agreement.

17. Photographer Liability

17.1. Pix Around markets the services of Photographers around the world and acts as an agent in selling and organising photo shoots for you.

17.2. Pix Around is not a provider of photographic services and does not control the business operations of any Photographer. Your assigned Photographer provides services directly to you, the customer. The contract for services that arises by virtue of you booking through Pix Around is between you and the Photographer.

17.3. Pix Around makes no warranties or guarantees regarding the standard of any service to be provided to you by the Photographer.

17.4. The Photographer shall be fully responsible for any and all loss, injuries, illness, damages, claims, liabilities and costs suffered by you or any third party associated with you, caused in whole or in part by the Photographer or his or her products and services.

17.5. Whether you choose to attend the photo shoot is within your sole control and at your sole discretion.

18. Third Party Liability

18.1. By purchasing a product through any of our Third Party suppliers, including the purchase of prints and merchandise, that Third Party supplier shall be fully responsible for any and all loss, injuries, illness, damages, claims, liabilities and costs suffered you or any third party associated with you, caused in whole or in part by the Third Party or its products and services.

19. Pix Around’s Liability

19.1. You accept that Pix Around accepts no liability for any loss or damage to you occasioned by any act, omission or default, whether negligent or otherwise. You also accept that it will not be liable for any loss or damage by any act, omission or default, whether negligent or otherwise, of any employee, agent, Photographer or Third Party.

19.2. You have certain rights under the law. Nothing in this Agreement is intended to affect those statutory rights.

19.3. If we breach this Agreement we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum value of the photo shoot booking fee paid by you on the Pix Around Website.

19.4. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement. We are not responsible for, however it arises:

19.4.1. Losses not caused by our breach;

19.4.2. Indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example loss of profits or loss of opportunity;

19.4.3. Revenue, profits, loss of business;

19.4.4. Content posted by ourselves or other users;

19.4.5. Contracts entered into with third parties;

19.4.6. Loss of data;

19.4.7. Loss of goodwill;

19.4.8. Computer malfunction or failure;

19.4.9. Business or commercial losses caused to non-consumers; or

19.4.10. Failure to provide Pix Around Services or to meet any of our obligations under this Agreement where such failure is due to Events Beyond Our Control. “Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing Pix Around Services or fulfilling any of our other obligations under this Agreement and includes but is not limited to disruptions to the internet, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

20. Disclaimer

20.1. We provide Pix Around, the Website and Services “as is”, “with all faults” and “as available.” We make no express warranties, promises or guarantees about Pix Around, the Website or Services. To the maximum extent permitted by law, we disclaim any implied contractual promises that Pix Around, its Website and its Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.

20.2. We do not warrant, promise or guarantee that Pix Around, its Website and Services will meet your requirements, are error-free, without interruption or available at all times.

20.3. We do not warrant, promise or guarantee that the results that may be obtained from the use of Pix Around and its Website, including any Services or promotions, will be effective, reliable, accurate or meet your requirements.

20.4. We make no promises as to privacy and security other than as expressly stated in our Privacy Policy.

20.5. We do not promise or guarantee that you will be able to access or use Pix Around, its Website or Services at times or locations of your choosing.

20.6. No oral or written information or advice given by our representatives shall create any contractual promise.

20.7. You may have additional consumer rights under your local laws that this contract cannot change.

21. Indemnity

21.1. You acknowledge that:

21.1.1. To the full extent permitted by law all express and implied terms, conditions and warranties other than the ones set out in these terms are excluded.

21.1.2. We are not liable for any death or injury to any person, or loss or damage to property or person arising from:
(a) The possession, operation or use of Pix Around’s Website or Services. For avoidance of any doubt, this includes any content posted on the Pix Around website, the Photographer’s website, or subsequently found and/or published by third party websites or search engines;
(b) Your attendance at the Photo Shoot or travel to or from the Photo Shoot;
(c) Any act or omission (including negligent acts or omissions) of us, our employees, agents, Photographers and Third Parties.

21.1.3. You will indemnify us against any claims made against us by any third party concerning death, injury, loss or damage.

21.1.4. You will indemnify us and compensate us against all losses, expenses and other costs we may incur due to your failure to observe your obligations under this Agreement.

21.2. Paragraph 21 in its entirety will survive the termination or expiry of this Agreement and your use of the Website or Services.

22. Reservation of Rights and Release

22.1. We reserve the right, but have no obligation, to monitor or take any action we deem appropriate regarding disputes that you may have with Photographers or Third Parties. To the extent the law permits, you waive and release us from any and all claims or liability from any and all claims related to the conduct of Photographers or Third Parties.

23. Intellectual Property

23.1. You agree that you do not hold copyright or intellectual property rights of any kind in the images that you commission from the Photographer. You additionally acknowledge and agree that you do not have right, title or interest in any intellectual property rights of any kind related to Pix Around, the Website, and its Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any licence to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use Pix Around in accordance with this Agreement. “Pix Around” is our trademark. Other product and company names that are mentioned on Pix Around or provided as part of the Website or Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.

23.2. The content on the Pix Around Website, excluding all intellectual property of other sites obtained by way of API and/or linking and content posted by our customers, is owned by us. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to us, subject to copyright and other intellectual property rights under the law of England and Wales, the law of the jurisdiction where you reside, and international conventions. Content provided by the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted by this Agreement in and to the Website and its services.

23.3. You accept that Pix Around and Photographers may reproduce, distribute and publicly display your photographs in any form or medium, including on third party websites and search engines, whether now known or later developed, for the purpose of promoting and marketing Pix Around services and/or your Photographer’s services, and that this right is perpetual, non-exclusive, royalty-free, fully paid and applies world-wide. If you have any rights to the content that cannot be licensed to Pix Around or your Photographer (such as moral rights), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against Pix Around, your Photographer, or related to our customers and partners anywhere in the world, with respect to such rights.

23.4. You have the right to revoke the rights described at 23.3 above by communicating to us in writing of your desire to do so prior to the photo shoot, or at any time thereafter.

23.5. Pix Around, its employees, officers, Photographers and Third Parties will not be liable for any damages occasioned by the application of paragraph 23.3 above prior to you revoking it. For absolute clarity, this includes any damages that may arise after paragraph 23.3 is revoked that were a consequence of the application of paragraph 23.3 prior to its revocation.

23.6. The photographs created by Photographers, as well as the text and photographs used by Pix Around on the Website and elsewhere are protected by copyright and must not be copied in whole or in part without the express permission of Pix Around.

24. Copyright Notice

24.1. The copyright holder (the Photographer) grants you a licence to certain rights of copyright in each of the photos you receive via the Website and affiliate websites. Under this license you are authorised to do the following things, and no other things, to the image (a reference to “image” means part or all of the image):

24.1.1. Make copies of the image.

24.1.2. Distribute copies of the image.

24.1.3. Use the image or part of the image to make derivative works.

24.1.4. The rights granted at paragraph

24.1 above are strictly on the following conditions:

24.1.5. You exercise these rights only for personal and non-commercial purposes – including that the image is not to be used as a trademark and derivative works must not be commercially exploited.

24.1.6. You do not make electronic copies accessible to any other persons – including as an extractable part of any electronic file (for example, a Word document).

24.1.7. You always attribute any electronic copy of the whole image as follows: “[Photographer’s name], used under license”; and any derivative work must include that attribution.

24.1.8. You take reasonable steps to protect the image from data corruption;

24.1.9. You do not use the work in a derogatory way.

24.1.10. You do not otherwise infringe the copyright of the image.

24.2. This license is free, worldwide, ongoing, revocable, non-exclusive, non-sub-licensable and non-assignable.

24.3. We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find content that infringes upon your copyright, you may notify us with the following information in writing: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is true and accurate to the best of your knowledge and belief that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

25. Electronic Communications

25.1. The communications between you and us use electronic means, whether you visit the Website or send us emails, or whether we post notices on the Website or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

25.2. We will send emails to the email address you provide. You are responsible for providing the correct email address to us and updating your details as necessary. If you fail to provide your correct email address, we will not be responsible for any damage you suffer as a result of not receiving our communications. Further, we will not be responsible for any damage you suffer as a result of not receiving our communications, where that non-receipt is caused by our emails being quarantined in spam or junk folders, or by other factors outside of our control.

26. Use of Pix Around’s Website and Services

26.1. Your right to use Pix Around’s Website and Services is personal to you. You may not authorise others to use the Website or Services on your behalf, and you are responsible for all of your own use of the Website and Services.

26.2. You may not download, modify, transmit, or otherwise use any content from Pix Around’s Website or Services for public or commercial purposes.

26.3. Pix Around’s Website is free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges.

26.4. Other than connecting to Pix Around’s servers by HTTP requests using a web browser, you may not attempt to gain access to Pix Around’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using Pix Around’s Website or Services or otherwise.

26.5. You agree not to disrupt, modify or interfere with Pix Around’s Website or Services or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of Pix Around’s Website or Services. You further agree not to alter or tamper with any information or materials on, or associated with Pix Around, its related entities, its Website, and/or its Services.

27. Links to Third Party Sites

27.1. The Website may contain links to or from third party websites or search engines that are not owned, operated, or controlled by us. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites, search engines or the entities that own them. Additionally, we cannot and will not censor or edit the content of any third party website or search engine. By using the Website you expressly relieve us from any and all liability arising from use of our content by any third party website or search engine, or links to us from same.

28. Changes to this Agreement and Waivers

28.1. We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Pix Around Website. It is your sole responsibility to check the Website from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must stop using the Website and its Services. Your use of the Website and its Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Pix Around. No purported agreement not to enforce any right or modification of this Agreement by us via telephone or email shall be valid.

29. General Terms

29.1. There are no third-party beneficiaries of this Agreement.

29.2. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, except as otherwise provided in the terms of this Agreement, and any attempt by you to do so will be invalid.

29.3. If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement.

29.4. Our rights under this Agreement will survive any termination of this Agreement.

29.5. You represent that you are legally able to accept these Terms of Service and enter into this Agreement. You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, and to comply with this Agreement. If you aren’t, you must please stop using the Website and its Services.

29.6. This Agreement and all documents and communications directly or indirectly relating to it shall be in the English language.

30. Severance

30.1. Should any of these terms and conditions be void or unlawful, these terms and conditions shall be read and enforced as if the void or unlawful term(a) and/or condition(s) had been deleted.

31. Termination

31.1. We may change or discontinue Pix Around, its Website or any of its Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you breach any of the terms and conditions contained herein. In the event of any termination, you will immediately stop using Pix Around, its Website and and its Services. Any booking made prior to termination will be honored according to the terms of this Agreement specifically applicable to the booking.

32. Governing Law

32.1. The laws of England and Wales govern these terms and conditions. You accept the exclusive jurisdiction of the Courts of England and Wales in any dispute between us