Captourist
Photographer’s Terms & Conditions
Overview
The following are the Terms and Conditions (T&C) that apply to you as a photographer of CAPTOURIST. By accepting working with CAPTOURIST, you agree unequivocally to the T&C below. CAPTOURIST, also reserves the right to change, amend in part or in whole, these T&C. As a result, the terms applicable in the future may vary from those applicable in this instance. At no time is CAPTOURIST obliged to inform you of these changes.
Please read the Terms of Service carefully before you start. By using the Site or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.
Profile means the account associated with your NAME on the web site.
Guest means a client that purchases photographic Services through the Website.
Captourist, we, our, company or the company or us.
Booking request means a booking made by the guest on the website captourist.com
Captourer means a professional photographer that provides services or identifies as a photographer through Captourist.
Photoshoot, photo tour, photo shoot, phototour, session, tour means photographic services provided by Captourist platform.
This Site is offered and available to professional photographers. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request.
Captourist offers an internet-based service through its website, www.captourist.com (henceforth to be referred to as the “Site”) that allows travelers to book a photo tour in several cities around Europe by selecting a local photographer from the Captourist team called Captourer.
Captourist services
The Website helps the Customer to find travel products and to make the necessary reservations, and acts as an interface in the transactions involved with the Suppliers. The Customer must be at least 18 years old, be legally authorized to enter into contractual obligations, have the requisite consent or authority to act for or on behalf of any persons included in a booking and must use the Website in accordance with these General Terms and Conditions and the Website Terms of Use.
The Customer is responsible for his / her activities on the Website (financially or otherwise), including the possible use of his / her user name and password. The Customer guarantees that the information entered by him / her on the Website in relation to him / her and, if applicable, his / her travelling companions is accurate.
Any use of the Website that is fraudulent or is in conflict with these General Terms and Conditions shall be reason for refusing the Customer access to the Services offered by Captourist and the Suppliers or to the other functionalities of the Website.
Captourist Platform is an online marketplace that enables registered users (“Captourers”) who offer photographic photo tours services) to publish such with a Captourer profile on Captourist Platform (“profile”). Captourist Services may include the offering of vacation travel services.
Our consent and your right to withdraw consent
By registering with Captourist, you consent to be part of the team of captourers and accept the T&C of use of the web site, payment, communication. You consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under the Terms of Service that we or our Affiliates would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Site and the Site Services, and you will no longer be permitted to use the Site or the Site Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
Profile
By registering with us, you must complete a User profile (“Profile”), which you consent to be shown to our guests (clients). As a Freelancer photographer, you represent and warrant that you use your Profile exclusively to work with Captourist. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to make public all the information exchange between Captourist and you. You agree not to provide and to correct any information about your location, your business, your skills, or the services your business provides that is or becomes false or misleading. You agree not to use Captourist as a personal business or platform to show your personal business. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
Accounts
You may create an account through us which authorized you as Freelancers photographer (Captourer) shown in Captourist platform.
You understand and agree that Captourist may determine the Profile visibility and rate of any service provide by Captourist, and you authorize Captourist to do so by becoming a Captourist Member. All the Captourers most comply with all Terms of Service.
All the freelance photographer is free to resign to be part of Captourist whenever they want.
Eligibility
You will be part of a group of photographers inside the platform captourist.com
All free user profile is associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Captourers may provide a name, contact info, professional pictures, which are associated with the website land page from Captourist. Users acknowledge and agree that where his name appears on the land page does not represents a contract with Captourist and all freelance photographer remain solely responsible for all activity undertaken in respect of their profile or personal behavior.
We may, at our absolute discretion, refuse to register any person or entity as a Captourer.
You cannot transfer or assign any rights or obligations to Captourist.
Captourist Platform is an online marketplace that enables registered users (“Captourers”) who offer photographic photo tours services) to publish such with a Captourer profile on Captourist Platform (“profile”). Captourist Services may include the offering of vacation travel services.
Captourist acts as an agent between the freelance Photographers at destinations around the world and the guest (client). That agency is a limited agency, limited to the terms of this Agreement. We do not have an employment relationship with the Photographers. All Photographers are independent contractors and the contract is formed between the guest (client) and the photographer.
Captourist will provide you as freelance photographer a booking request with relevant details of your guest after a booking reservation. This confirmation will provide you information including the confirmed date and time of your photo tour. In which you can decline or accept.
During your photo tour, your guest has the option to extend the length of the package only if you are available to do it. On communicating this preference to you. By telling them they will be required to pay for the extra time required before receiving your photos by the platform of Captourist.
As a Captourer (freelance photographer) you will select a number of unique images, (discarding photos with closed eyes, blurry, photo bombs, etc) with their amount determined by the photographic package chosen by your guest, or in the case of time extensions, by the final package chosen and paid for.
You will upload them to an independent platform nominated by Captourist. You must upload the photos Before 4 days the photo tour was made and noticed to the Captourist staff by writing.
Prices
All prices indicated on the Website are expressed in EUROS and corresponds to the price for the guest (client). The payment of the package you will receive was accepted by you before your agreement with Captourist. You will receive it in cash by the client the day of the photo tour or (if the circumstances) within the 5 first business days of the next month the photo tour has taken place and this will be made through PayPal IN EUROS OR USD $. The prices charged by PayPal may vary according to changes in the foreign exchange rates. We have no control over the foreign exchange rates set by financial institutions and bear no responsibility for the foreign exchange conversion used by PayPal.
All prices to the public are correct at time of publication. However, we reserve the right to alter prices for any reason without notice. Not the payment to the freelance photographer.
Availability
All photo tour bookings are offered subject to the availability of the Captourer. As a freelance photographer feel free to accept or decline the photo tour of your convenience in advance.
Your complete process of a photo tour are not finalized until you have send us the email of your uploading pictures containing the details of your assigned Guest and photo shoot location.
While we will do our best to give you a photo tour, 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 Guest.
Editing and Delivering of the pictures
As a Captourer you will upload the corresponding amount of unedited photos. Have in mind that your original files must be well exposed taking the most out of natural light. Our Team Editor will do some lighting editing, cropping, etc.
Once you accept doing a photo tour with Captourist, it is your responsibility to ensure a proper deliver of the pictures within max. 4 days after the photo tour and the right number of pictures correspondent to each package. You will need to notify by WhatsApp or email to the Captourist team that the pictures of your photo tour are uploaded correctly in the platform. Once the customer chooses (they have one month to choose) their favorite photos we will ask you for the original files and due to be delivered within 48 hours after notification.
Contact Details
It is your responsibility to ensure that you give your WhatsApp contact and other contact details correctly when you contact your guest. Failure to do so may result in loss of you photo tour and no payment guarantee. If you have problem contacting your guest, contact our staff as soon as possible to avoid any inconvenient.
The Weather
There is no bad weather for shooting photographs and capturing great moments. However, we have no control over weather conditions. Captourist photo tours may be conducted at all times of year and in all weather conditions. A Captourist photo tour is not refundable because of bad weather. However, as a Photographer may vary the photo tour location in order to better capture your photos taking the weather into account.
Complaints or Problems During Your Experience
Insurance
Doing a photo session with Captourist you waive or give up certain legal rights, including the right to sue of claim compensation following an accident, now or in the future. You agree to waive any and all claims, and release Captourist from all liability and agree not to sue Captourist, which can be a company, for any personal injury, death, property damage or other loss that I sustain during or as a result of a Captourist photo tour. You as a freelance photographer, hereby agree as follows:
- To waive all claims that I have or may in the future have against Captourist, and to release Captourist from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in Captourist photo sessions, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care on the part of Captourist.
- To hold harmless Captourist from any and all liability for any property damages or personal injuries to any third party resulting from my participations photographic activities or related activities to the photo tour, which might include walking, hiking, climbing, getting on a boat, or other activities that are related to the photo tour;
Descriptions of Photo Tour Locations
Captourist provides you the final details about each photo tour to your guest (client), such as: place of meeting, time of your session and a suggested route.
As a freelance photographer you have completely control of the quality and nature of the photographs. Remember that through Captourist the client selects the photographer of his or her pleasure, it is important to be careful of your selection and editing process.
Photo tour Session Length
Photo tour session lengths are approximate and are a guide to the total time you will be photographing your guest. 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 keeping in touch with your guest in advance to determine the possibility of any delays.
Additional Fees
As local photographers in the city where you will do the photo tour. Therefore, there are no travel or accommodation expenses. However, if your guest want a photo tour to happen on remote places that are more than 1 hour outside of the city center, there might be an additional charge. Please check with our support team prior to your booking request.
Entrance fees to such places like museums, parks, restaurants, theme parks, etc. are not included in the packages. Should there be an entrance fee, the guest will have to pay for the entrance fee for you.
Captourist’s Liability
You accept that Captourist 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 agent, Photographer or Third Party.
You have certain rights under the law. Nothing in this Agreement is intended to affect those statutory rights.
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 tour booking fee paid by you on the Captourist Website.
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:
Losses not caused by our breach;
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;
Revenue, profits, loss of business;
Content posted by ourselves or other users;
Contracts entered into with third parties;
Loss of data;
Loss of goodwill;
Computer malfunction or failure;
Business or commercial losses caused to non-consumers; or
Failure to provide Captourist 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 Captourist 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.
Disclaimer
We provide Captourist, the Website and Services “as is”, “with all faults” and “as available.” We make no express warranties, promises or guarantees about Captourist, the Website or Services. To the maximum extent permitted by law, we disclaim any implied contractual promises that Captourist, its Website and its Services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
We do not warrant, promise or guarantee that Captourist, its Website and Services will meet your requirements, are error-free, without interruption or available at all times.
We do not warrant, promise or guarantee that the results that may be obtained from the use of Captourist and its Website, including any Services or promotions, will be effective, reliable, accurate or meet your requirements.
We make no promises as to privacy and security other than as expressly stated in our Privacy Policy.
We do not promise or guarantee that you will be able to access or use Captourist, its Website or Services at times or locations of your choosing.
No oral or written information or advice given by our representatives shall create any contractual promise.
You may have additional consumer rights under your local laws that this contract cannot change.
Indemnity
You acknowledge that:
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.
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 Captourist’s Website or Services. For avoidance of any doubt, this includes any content posted on the Captourist website, the Photographer’s website, or subsequently found and/or published by third party websites or search engines;
(b) Your attendance at the Photo Tour or travel to or from the Photo Tour;
(c) Any act or omission (including negligent acts or omissions) of us, our employees, agents, Photographers and Third Parties.
You will indemnify us against any claims made against us by any third party concerning death, injury, loss or damage.
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.
In its entirety, will survive the termination or expiry of this Agreement and your use of the Website or Services.
Reservation of Rights and Release
We reserve the right, but have no obligation, to monitor or take any action we deem appropriate regarding disputes that you may have with Customers 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 the Customers you provide the photo tour to or Third Parties.
Intellectual Property
You agree that you share copyright or intellectual property rights of any kind in the images that you commission from Captourist. You acknowledge and agree that you do not have right, title or interest in any intellectual property rights of any kind related to Captourist, the Website, and its Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use Captourist in accordance with this Agreement. “Captourist” is our trademark. Other product and company names that are mentioned on Captourist 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.
The content on the Captourist, 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 Spain, 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.
You accept that Captourist 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 Captourist 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 Captourist (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 Captourist, or related to our customers and partners anywhere in the world, with respect to such rights.
You have the right to revoke the rights described above by communicating to us in writing of your desire to do so prior to the photo tour, or at any time thereafter.
Captourist, its employees, officers, and Third Parties will not be liable for any damages occasioned by the application of paragraph above prior to you revoking it. For absolute clarity, this includes any damages that may arise after paragraph is revoked that were a consequence of the application of paragraph prior to its revocation.
The photographs created by the Photographers, as well as the text and photographs used by Captourist on the Website and elsewhere are protected by copyright and must not be copied in whole or in part without the express permission of Captourist.
Copyright Notice
The copyright holder (the Photographer and Captourist) grants you a license to certain rights of copyright in each of the photos the client receives via the Website and affiliate websites. Under this license the client is authorized to do the following things, and no other things, to the image (a reference to “image” means part or all of the image):
Make copies of the image.
Distribute copies of the image.
Use the image or part of the image to make derivative works.
The rights granted at paragraph above are strictly on the following conditions:
These rights are 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.
Take reasonable steps to protect the image from data corruption;.
This license is free, worldwide, ongoing, revocable, non-exclusive, non-sub-licensable and non-assignable.
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 authorized 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 authorized 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Electronic Communications
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 Web site 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.
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.
Use of Captourist Website and Services
Your right to use Captourist’s Website and Services is personal to you. You may not authorize 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.
You may not download, modify, transmit, or otherwise use any content from Captourist’s Website or Services for public or commercial purposes.
Captourist’s Website is free of charge (unless otherwise stipulated). However you are responsible for your own network and connection charges.
Other than connecting to Captourist’s servers by HTTP requests using a web browser, you may not attempt to gain access to Captourist’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using Captourist’s Website or Services or otherwise.
You agree not to disrupt, modify or interfere with Captourist’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 Captourist’s Website or Services. You further agree not to alter or tamper with any information or materials on, or associated with Captourist, its related entities, its Website, and/or its Services.
Links to Third Party Sites
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.
Changes to this Agreement and Waivers
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 Captourist 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 Captourist. No purported agreement not to enforce any right or modification of this Agreement by us via telephone or email shall be valid.
General Terms
There are no third-party beneficiaries of this Agreement.
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.
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.
Our rights under this Agreement will survive any termination of this Agreement.
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.
This Agreement and all documents and communications directly or indirectly relating to it shall be in the English language.
Severance
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.
Termination
We may change or discontinue Captourist, 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 Captourist, its Website and and its Services. Any booking made prior to termination will be honoured according to the terms of this Agreement specifically applicable to the booking.