Membership Terms & Conditions
Last updated 6/15/22
Our core ethos for The Image Crafters is to increase the transparency, community and support in the commercial photography industry. This document details from the outset the way in which we will deliver our services to you. If you are planning to join The Image Crafters Community (“the Membership”) then you must read these terms and conditions in full prior to purchasing a Membership.
1. Membership Terms & Conditions (‘Terms’): Key Details
These Terms cannot be varied and in proceeding to purchase the Membership you will be deemed to have accepted these Terms. The Terms set out below apply to the services offered by The Image Crafters. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which The Image Crafters (“we”, “our” or “us”) provide services to you, through our website(s) (‘Site(s)’) as purchaser of the Membership. These Terms are subject to any rights you have under consumer law to which we are bound and which cannot be waived by contract.
Please be aware that we may update these Terms at any time. Your continued use of the Membership indicates your acceptance of the terms and agreement to any changes.
2. Membership Outline
The Membership is a membership platform for commercial photographers who provide services to companies and/or agencies, and others who work in the commercial photography industry, including but not limited to producers, assistants, digitechs, art buyers, and reps. The Membership is an ongoing commitment where you can get regular support guidance and resources to help your business grow and thrive.
The simple focus of the Membership is to connect, network, share resources and support each other. The big-picture goal is to elevate and improve the commercial photography industry for all who work in it.
The Membership is not designed for retail photographers or others who work exclusively for individuals or couples and do not provide any services to companies or other commercial clients.
This membership is suitable for those who are in the business of creating media, and/or hiring and/or supporting others who create media, for companies, agencies and other commercial clients.
4. Membership Specifics
There are six core elements to the Membership:
i) Member groups
iii) Activity feeds
iv) Live chat
v) Industry pro interviews
vi) Resource library
With the exception of private groups, members may join or leave any member group they like, whenever they like.
Member groups are a way for members to connect and network with similar colleagues, and/or industry pros in the same geographical areas.
Member groups are one of the top two core components of the Membership.
Forums are the way members can communicate with each other in an organized fashion.
From time to time, admins including Membership founder Jamie Piper, may post and offer support in the forums, but there is no guarantee that posts will be responded to immediately or within any pre-determined length of time
Forums are the second core component of the Membership.
Activity feeds are status updates members can post about their business, events, new work or other topics relevant to the commercial photography industry.
Live chat is instant-messaging with other Membership members.
(Pro Paid Plans Only) Industry Pro Interviews
Regular interviews with experts and pros in the commercial photography industry. Interviews have two components: short public interviews posted on theimagecrafters.com, and longer, in-depth interviews posted in the Membership only.
(Pro Paid Plans Only) Resource Library (e.g. Documents)
The resource library contains documents and other files of an educational nature. These are a special add-on benefit to the Membership and not a primary feature.
5. Behaviour and Forum / Group Rules
It is requested that at all times your behavior towards others in the Membership is polite and respectful. Should your behavior be deemed offensive or inappropriate we reserve the right to remove you from the Membership with immediate effect.
Each person is responsible for their own behavior and we will not be held responsible for the behavior or actions of any other Members.
Our forum and group rules include the following:
- No Self-Promotion outside of the Promotions forum
With the exception of your photography services, or crew support if you are an assistant, producer or similar, you may not promote your products and/or services, including but not limited to: educational products, classes, courses, coaching, videos, workshops, groups, communities, webinars (‘Promotions’), anywhere in the forums or groups, with the exception of the Promotions forum. Posts in the Promotions forum require prior approval and an administration/advertising fee. Promotions include lead-magnets to any of the above.
- No ‘Other’ Promotion
This includes promoting other’s products/services (workshops, coaching, courses, mentoring, ETC), that you are an affiliate of, get ‘kick-backs’ from or benefit from in some other way.
- Answer questions and provide information IN the forums, not privately
When someone asks a question or posts needing help, with the exception of sensitive client, third party information, project/work outsourcing, and/or the Mental Health Corner forum, we ask that you provide your answers and information in the forums as opposed to privately, for the benefit of all Community members. The more we share, the more we all learn and grow!
- Be Kind and Courteous
We’re all in this together to create a welcoming environment. Let’s treat everyone with respect. Healthy debates are natural, but kindness is required.
- No Hate Speech or Bullying
Make sure everyone feels safe. Bullying of any kind isn’t allowed, and degrading comments about things like race, religion, culture, sexual orientation, gender or identity will not be tolerated.
- Respect Everyone’s Privacy
Please do not share member posts or other sensitive information outside of this Community. Commercial photography requires a high degree of discretion, and we want to respect that.
- No Political or Religious Discussions
The Community is not the place for either of those. Please keep them out of the Community, regardless of which side you are on.
6. Membership Fees and Payment Terms
The cost of the Membership is set at the time you subscribe and is inclusive of VAT/Taxes. On subscription you will agree to monthly payments via Stripe, which will be taken on the day of the month that you initiated your Membership with us. For example, if you registered your membership on the 17th of any month, your Membership payment will be processed on the 17th of each month thereafter.
The Membership is an ongoing monthly subscription and payment will be taken each month unless and until cancelled.
If you sign up for a free membership, your membership will remain free unless and until we offer you a premium paid plan that you then register for.
We reserve the right to change the content and delivery of the services within the Membership, Membership levels and plans and the associated price points at any time. Should we do this we will provide advance notice so that you can decide whether to consider continuing your subscription. We shall never increase your Membership fees without providing at least 28 days’ notice and without providing you with advance notification.
7. Refunds and Cancellation
It is our aim that you will be completely happy with the Membership and the support, networking, and informational resources the Membership provides your business. However, we appreciate that there may come a time when you wish to leave the Membership.
Because you have instant access to the Membership resources, including Member Discounts, resource files, industry pro interviews and other resources, you will not be entitled to a refund of your subscription fees should you join and then wish to leave.
Please consider the details and inclusions of the Membership carefully before purchasing and get in touch to ask any questions about suitability. You will not be entitled to a refund if you change your mind. Your statutory refund rights are not affected.
Should you wish to cancel or pause your Membership, you may do so from your account page—> membership tab —> subscriptions tab.
We reserve all rights to cancel the Membership for any reason without prior notice. In such circumstance a refund will be provided for the remainder of that month or year as applicable.
Notwithstanding any right or remedy available to us, we may cancel your Membership with immediate effect
• If you fail to pay your Membership fees by the relevant due date;
• If you commit a repudiatory breach of the Terms of this agreement;
• As decided at our sole discretion from time to time
8. Contact and Schedule
Member support is available by email on during regular work hours PST on weekdays Monday through Friday. Please contact support at email@example.com with any questions or concerns, and put “Community Support” in your subject line.
If you have a technical query relating to accessing the Membership please include “Tech” in the subject line of your email correspondence so we can forward your issue to our developers.
You may see us post on social media outside of our core hours. Not all of these posts are live and some will be pre-scheduled. We are passionate about supporting everyone in the Membership and where we can we may respond to you out of hours but we make no guarantees that this will always be possible.
We make no guarantees or claims as to the success of any member due to their participation in the Membership. Each individual is unique and their abilities are unique to them. The aim is that every member will take it upon themselves to support one another, meet colleagues and others in their area and beyond, and get back what they put into their Membership.
All advice provided in the groups, forums and elsewhere in the Membership will be general information and guidance and will not be bespoke advice. We are not responsible for any action or inaction which you take as a result of the information within the Membership.
We are not responsible for any loss of opportunity or any investments that you make, including but not limited to any job you take as a result of your Membership.
No content in this Membership should be construed as medical advice, whether mental or physical. If you believe that you require medical attention you should seek assistance from a medical professional immediately].
No content shall be construed as legal advice. You agree to consult with your own attorney on all legal matters.
We ask that all members in the Membership respect the rights of others in respect of their behavior and privacy.
We will not be responsible for the action of any members including for any disclosures made by any members based on information which has been shared within the Membership.
10. Limitation of Liability and Indemnification
To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from your use of all or any part of the Membership. We shall not be liable to you for any damages, including lost profits, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised in advance of the possibility of such damages).
If we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Membership, our liability shall in no event exceed the total of any fees with respect to the Membership received by us from you, during the 6 months preceding the date on which the claim arose.
Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law.
You agree to indemnify, defend and hold us, our partners, subcontractors and employees, harmless from any claim or demand, including solicitors’ fees, made by a third party due to or arising out of your breach of these terms, or your violation of any law or the rights of a third party.
11. Privacy and Confidentiality
Your privacy and protection of your personal data is important to us. You are responsible for ensuring that your contact details are accurate and up-to-date, at the time of registration, and on an on-going basis thereafter.
During the course of the Membership you may have access to confidential information, in particular the personal and/or business affairs of other members. In accepting these Terms, you agree that you will not use or disclose to any person, organization or company, and shall use your best endeavors to prevent the publication of, any confidential information relating to any other member.
You accept that any unauthorized disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the Membership. Should you decide to leave the Membership, you remain bound by the confidentiality and privacy obligations.
Your log-in details must remain confidential, and you must not disclose this information to a third party, without our express permission in writing. If you know, or suspect, that your log-in details have been obtained by a third party, you agree to change your password immediately, and provide notification of the same as soon as possible to us at firstname.lastname@example.org.
12. Intellectual Property
During your time as a Member you will be provided with free resources in the form of in-depth forum replies, PDF guides and free and paid courses. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the materials as learning tools but you are not permitted to sell, duplicate, republish, reproduce, revise, distribute, translate or provide copies to any third parties. We retain and reserve all of our copyrights to all resources provided to you in your Membership.
You will also have the ability to upload photos and other media (‘Media’), to your Membership. You agree that you are the legal copyright holder for any and all Media you upload to the Membership. You also agree to respect the copyright of all other members. All copyrights to Member Media is retained by the members who uploaded the respective Media.
You agree that while in Membership, and for a period of 6 months following termination or cancellation of your Membership, you shall not use the confidential information revealed to you for any commercial purpose other than instructive and informative. In addition, you shall not elicit or entice away any current or potential members by sending “Friend Requests” or otherwise targeting them. In short, you agree to not use your Membership to compete directly against The Image Crafters, and our products and/or services, either during your membership or for a reasonable period of time afterward.
In the event that we fail to insist upon your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and / or remedies available to us.
15. Errors and Inaccuracies
There may be information within our Site(s) or the Membership which contains typographical errors, inaccuracies or omissions relating to the service delivery, pricing or promotion of the Membership. We reserve the right to correct or amend any errors without prior notice.
These Terms are governed by the laws of the state of California. The California Courts have exclusive jurisdiction over any matter and proceedings arising out of the Membership.
It is our aim that you are completely satisfied with the Membership. Should you have any feedback please feel free to share it with us as we are always striving to ensure that we provide you with the highest level of service. If you have a complaint about the Membership this should be made to made us in writing to email@example.com, or to The Image Crafters, 4142 Adams Ave Ste 103505, San Diego CA 92116.
We intend to rely on the written Terms set out in Terms and Conditions for the services that we provide to you in delivery of the Membership. These written Terms shall constitute the entire agreement between us.
Should there be any conflict between these Terms and any Membership hosting platform or payment gateway, these Terms shall prevail.
If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
No provision within these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of your service. Any changes will be notified to you as soon as possible. You will always find the last updated date at the top of this page.