This photography policy applies where we are providing you with images
Providing you with images
In this policy (“Photography Policy”), “we/our/us” refers to the Mura entity that you have entered into an agreement with (“Service Pack”) and “you” means “the Prepper” as defined in that Service Pack.
You may ask our team to arrange for photographs of your menu items to be taken for use on our platform (the “Imagery”). If we agree to do so, you will be required to pay the fee set out in the agreement between us or which we otherwise agree in writing (“Imagery Fee”).
A third party provider (the “Photographer”) will carry out the photoshoot and may bring personnel or assistants (the “Personnel”) and equipment to the location at the time agreed between you and the Photographer for the purpose of providing the Imagery. The time and location must be specified in writing in advance. You must tell the Photographer and Personnel about any requirements with which they must comply when at the location, and any unsafe areas and hidden dangers, prior to or immediately upon their arrival.
You must ensure all dishes, which will be pre-agreed between you and us in writing in advance of the photoshoot, are ready to be photographed 15 minutes before the Photographer’s scheduled arrival time.
Before the Photoshoot you shall obtain the written consent of any third party in respect of individuals, property or third party works and trademarks to appear in the Imagery, and you will provide us with copies of the same upon request.
You are responsible for the safety, wellbeing and security of the Photographer, Personnel and their equipment while they are at the location (including throughout your premises and the immediate surrounding area) during and in connection with the creation of the Imagery.
You are responsible for any and all loss, damage or injury suffered by the Photographer and Personnel (including without limitation damage to or loss of their equipment) when at the location, and you will indemnify the Photographer, Personnel and us (as applicable) in respect of the same.
You must hold adequate and appropriate insurance coverage for the production of the Imagery at the location and in respect of your potential liability under this Photography Policy.
You will be responsible for any and all cancellation fees if you cancel the photoshoot within 48 hours of the scheduled photoshoot date (or at least one full working day in relation to any photoshoot which is scheduled on a Monday or the day after a bank holiday).
Cancellations and fees – UK and Ireland
Please contact Mura on email@example.com to reschedule or cancel your shoot ahead of time.
If you need to change your photography package, please get in touch with your account manager via Mura Help.
Cancellations made within 12 hours of a scheduled shoot mean you incur a £25 cancellation fee for a Silver photoshoot, or £50 for a Gold photoshoot.
Cancellations made within 24 hours of a scheduled shoot mean you will incur a £25 cancellation fee for a Silver photoshoot, or £50 for a Gold photoshoot.
This will be deducted on your next Mura invoice.
Our editorial decision in respect of the Imagery is final. We exclude all warranties and guarantees in respect of the Imagery and the provision of the services of the Photographer and Personnel. Nothing in this policy will limit or exclude our liability for: (a) death or personal injury caused by negligence, or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other liability to the extent the same cannot be excluded or limited by law.
Subject to amendments made by us to the Imagery, you are responsible for ensuring that the Imagery is an accurate representation and description of the menu items that you offer to customers on our platform (including quality and quantity), and that the menu items you offer and provide to customers are and remain at all times consistent with the Imagery.
We shall own all copyright and other intellectual property rights in the Imagery. We shall use the Imagery to advertise the food items that you offer to customers on the platform, unless you tell us not to (in which case we’ll use our generic stock images instead).
If you wish to use the Imagery for any other purpose, you may request a licence from us. If we agree in writing to grant you a licence, it will be a revocable, non-exclusive, non-transferable and non-sublicensable license to use the Imagery in the Territory (as defined in your Service Pack) or part of the Territory, for such period and subject to such terms and conditions as we may specify, for the sole purpose of promoting your relationship with us and the fact that your menu items are offered on our platform (including on your website and/or social media accounts).
Any such license which has not already expired or been terminated will cease immediately at the end of the Term (as defined in your Service Pack).
When you use the Imagery for such purposes under license, you must, at all times, insert legible text underneath the applicable Imagery which states that you are working with Mura.
You must not, in any circumstances, use or display the Imagery or permit any third party to use or display the Imagery in respect of any company who carries on business that is or which provides services that are the same as or materially similar to ours or in respect of those services.
You must not:
- use, or permit any third party to use, the Imagery other than pursuant to a license granted by us on the terms above;
- edit or in any way alter the Imagery; or
- do anything in connection with the Imagery which is reasonably likely to have a materially adverse effect on us or otherwise bring us into disrepute.
We have complete discretion over how we use the Imagery and, without limitation, we reserve the right in our sole discretion to:
- amend the Imagery;
- use (including for other partners on our platform), omit to use, withdraw, suspend or restrict the display of the Imagery on our platform; and
- object to your use of the Imagery at any time. If we do so, you shall remove the applicable Imagery immediately, or as soon as reasonably practicable and in any event within two days of our notification to you.
This Photography Policy supplements the Service Pack and applicable Mura Prepper Terms and Conditions.
To the extent there is a conflict between a term of this Photography Policy and the Service Pack or Mura Prepper Terms and Conditions, the terms of this Photography Policy shall prevail unless otherwise stated.
The Dispute Resolution provisions of the Mura Prepper Terms and Conditions do not apply to disputes arising exclusively under or in connection with this Photography Policy.
This Photography Policy is subject to change from time to time.