Sharp Shots: Sharp Shots Photo Club USA Inc.
Website: This website – https://online.sharpshotsphotoclub.com/
Course: Any of the courses, workshops or activities offered for sale ( or for free) on this Website or by other means direct from Sharp Shots Photo Club USA, Inc. Including, but not limited to, photography courses/workshops & Duke of Edinburgh skill courses.
Study Materials: All material, however so supplied, by Sharp Shots Photo Club USA, Inc for the purpose of teaching and information in relation to any of the Courses.
Sharp Shots Online, Sharp Shots Photo Club Online & Sharp Shots Photo Club USA, Inc are the trading names of Sharp Shots Photo Club USA, Inc . registered in Texas. Registered EIN.86-1509734
Terms and Conditions
The information contained on this page, together with any related documents, outlines the terms and conditions upon which Sharp Shots supplies the all Courses to you, whether listed on this Website or provided by Sharp Shots via other means. Please read these terms and conditions carefully and make sure that you understand them before booking any courses. Booking any of our Courses constitutes acceptance of these Terms & Conditions.
This agreement constitutes the entire agreement and understanding of the parties and supersedes any previous agreement relating to its subject matter. No variation shall be effective unless it is expressly agreed by you and Sharp Shots.
In order to book a course, you must be at least 16 years of age with the legal capacity to enter into a binding contract. Parents or guardians may book courses for children, providing the course is designated as such. If you are unsure if a particular course is suitable, please contact us before booking.
When purchasing a Course through the Website, you can change or cancel the action at any point up until you make your payment.
A legally binding agreement shall not come into existence until Sharp Shots has accepted your offer to purchase a Course by sending you a separate order acceptance confirmation email or written order acceptance confirmation by post, which will be effective upon sending or posting to you at the email or postal address you have provided.
2. Course particulars
The particulars relating to each Course are as described on our Website, or otherwise as detailed by us separately. Sharp Shots endeavour to provide the Courses according to the description provided, however, there may be circumstances in which the content is changed and you acknowledge that the content of the Course shall in all cases be subject to our absolute discretion. Whilst Sharp Shots endeavour to ensure that the course information is correct, Sharp Shots does not warrant the accuracy and completeness of the material.
Unless otherwise stated in the specific course itinerary, it is your responsibility to provide a camera, associated photographic equipment, suitable clothing and food when attending the Courses. Whilst Sharp Shots cannot guarantee to meet all personal needs, you should provide information concerning any special requirements, such that we can endeavour to assist wherever possible.
3. Your obligations
Course attendees must comply with all reasonable instructions and requirements while attending the Course including health and safety rules and regulations and any other reasonable security requirements that may apply at the premises or location where the Course is held. Sharp Shots reserves the right to remove any attendee from the Course should their behaviour be deemed inappropriate. In such event, no refund of course fees or other costs will be made.
4. Equipment hire
Sharp Shots provides an equipment hire service for workshops and a camera loan service for after school sessions and parties. For the equipment provided within this service, Sharp Shots accepts responsibility for the cameras and equipment in circumstances of reasonable and proper usage. However, Sharp Shots will hold you responsible for the cost of repair or replacement of equipment in the event of your negligence or wilful damage. Such negligence will constitute, but is not limited to, leaving the camera unattended, permitting any unauthorised 3rd party use, not securely attaching the camera to the person’s body (camera strap not used).
5. Personal possessions
All personal possessions, including but not limited to, your photographs or any camera/computer equipment, are the sole responsibility of you. Sharp Shots accepts no responsibility for any loss, damage, theft or otherwise that may occur whilst attending the Courses, except in the event such damage is the direct result of negligence on the part of Sharp Shots.
6. Cancellation rights
Under the Consumer Contracts Regulations, you may cancel your purchase of a Course within a period of 14 calendar days from the date on which the agreement is entered into, subject to the conditions below:
i. You must inform Sharp Shots of your decision within the Cancellation Period by email or in writing to the registered company address.
ii. Your right to cancel and obtain any refund will be lost if you have given Sharp Shots express consent to supply any services during the Cancellation Period and the service has been fully performed. If express consent has been given but the service is only part performed, you will be liable to pay for the services actually received.
If payment is required, payment should be made via PayPal, bank transfer, debit card, credit card, cash or cheque. If full payment is not received 7 days before the start of the Course, Sharp Shots reserves the right to cancel the booking and this agreement. Course prices are subject to change at any time, but any changes will not affect prior bookings that have already been confirmed by us.
8. Intellectual property
Sharp Shots remains the owner of the intellectual property in the Courses and the Study Materials. Sharp Shots grants to you a non-exclusive, non-transferable licence for you to use the Study Materials for the sole purpose of your non-commercial use in connection with your receipt of the Course. You must not allow access to the Study Materials to any third party or use any part of the Course or Study Material provided by us for commercial purposes without obtaining a written licence to do so from Sharp Shots.
You will own the photographs taken by you on your own camera and any copyright in them (subject to any third-party rights and consents) and you hereby grant Sharp Shots a non-exclusive licence to use your photographs in any and all media, whether now known or hereafter invented, for publicity and promotion including for example, but not limited to, the Sharp Shots Online UK Website, Sharp Shots Photo Club UK website & Sharp Shots Photo Club USA Inc website, exhibitions and third party publications. In this event, Sharp Shots shall take reasonable steps to ensure that you are acknowledged as the author of your photographs. Any failure of such acknowledgement shall not be deemed a breach of this agreement.
Sharp Shots will own the photographs taken by you on camera equipment hired or loaned from Sharp Shots and any copyright in them (subject to any third-party rights and consents), and Sharp Shots hereby grant you a non-exclusive licence to use these photographs in any and all media.
Liability for loss and/or damages of photographs through software and/or human error is hereby excluded.
9. Photography consent
You hereby give consent for Sharp Shots to use
a) Any photographs submitted by you to Sharp Shots;
b) Any photographs taken by a Sharp Shots representative or by a fellow Course taker that include you in the image;
for use in Sharp Shots media, whether now known or hereafter invented, for the purpose of publicity and promotion including for example, but not limited to, the Sharp Shots Online UK Website, Sharp Shots Photo Club UK website and Sharp Shots Photo Club USA inc website, exhibitions and third party publications.
Any photographs depicting people will be suitable for the purpose they are taken for; only used for this purpose and will not be excessive. They will not be held longer than necessary, and will be destroyed/deleted if you request us to do so in writing.
You may decline/withdraw one or both of these permissions by informing Sharp Shots Online in writing.
Photography consent for children
As parent or guardian of the child for whom you are booking the Course you hereby give consent, in accordance with Sharp Shots Safeguarding Policy January 2022, for Sharp Shots Online to use any photographs taken by Sharp Shots Online or fellow Course takers, that contain images of the child for the purpose of publication, publicity and promotion for Sharp Shots Photo Club Online UK & Sharp Shots Photo Club UK & Sharp Shots Photo Club USA inc website including for example, but not limited to, the Sharp Shots Online website (& Sharp Shots Photo Club website) & Sharp Shots Photo Club USA inc website, promotional material, exhibitions and third party publications.
You may withdraw this consent at any time by informing Sharp Shots in writing to our registered office, or via email to: email@example.com.
10. Transferring Courses
Under exceptional circumstances and at the discretion of Sharp Shots, it may be possible to defer attendance to the next available or alternative Course, subject always to availability and an administration fee. If the deferred or alternative Course fees are greater than the original, the balance must be paid. However, if the course fee is lower, no refund will be given.
11. Cancellation and postponement
If you cancel a Course
With the exception of the terms under Statutory Consumer Contracts Regulations (paragraph 6), if you cancel a Course the following charges will apply:
For the period of 1 month prior to the course start date, no refund (of money paid) will be given on cancellations. For a period of in excess of 1 month prior to the course start date, a 50% refund (of money paid) is obtainable on cancellations.
If Sharp Shots cancels or postpones a Course
Sharp Shots reserves the right to alter Course dates, venues and location where necessary without liability. Should this happen, Sharp Shots will endeavour to provide as much advance notice as possible of any such change via the telephone and email particulars provided at time of booking. If you are unable, or do not wish to attend a Course at the revised location or date, a prompt and full refund will be given to anyone who has booked and paid. No compensation will be paid for any additional costs incurred. These provisions are in addition to your statutory rights.
Sharp Shots cannot offer refunds for cancellations due to circumstances outside its control (Force Majeure); including but not limited to, Internet & server outages, adverse weather, large scale transportation issues, major incidents or industrial action. Sharp Shots will not be liable for any other costs incurred including (for example) travel charges or any consequential damages, even if Sharp Shots was advised of these costs. In such an event, Sharp Shots will endeavour to reschedule the Course, but can offer no guarantee.
12. Third party permissions
Sharp Shots cannot be held liable for third party permissions which may be relevant to your use of photographs.
Sharp Shots will obtain permission from location owners to take photographs where a Course is held on location for private and personal use and shall advise any restrictions or conditions of which it is expressly made aware. However, you shall still be liable for third party permission.
You shall be solely responsible for third party permissions which may be relevant to your use of the photographs. This may include (without limitation) permissions in respect of the following appearing in your photographs: people, trademarks (such as company logos or names), paintings, sculptures, buildings.
Sharp Shots advises all workshop participants to ask before photographing anyone else. However, please be aware that if you are photographed, Sharp Shots cannot be held liable for any subsequent use by the photographer of that picture.
13. Data protection
Sharp Shots undertakes to adopt appropriate technical and organizational measures in order to safeguard personal data, with particular regard to ensuring information is secure, accurate, kept only as reasonably necessary and only accessed by authorised personnel.
Non-sensitive personal data will be collected for the sole purpose of course administration. This information may be used by us to: (i) perform our obligations and rights under this agreement. (ii) provide feedback (iii) contact you for marketing purposes with details of similar courses or events organised by us.
Sharp Shots will not pass on details to any 3rd party, nor send marketing communication to any individual who has requested their details not to be used for such purposes.
Confidential information shall not include information that: (i) is publicly available at the time of its disclosure or becomes publicly available (other than as a result of disclosure by the other party contrary to the terms of this agreement); or (ii) was lawfully in the possession of the other party, free of any restriction as to its use or disclosure prior to its being so disclosed.
You have the right to receive details of your personal information held by Sharp Shots.
14. Law and jurisdiction
This contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions
This contract shall be governed and construed by the law of Texas and the USA and shall be subject to the exclusive jurisdiction of the courts of Texas.