Founding Five Promotion – Terms & Conditions
1. Overview
The Founding Five promotion is an exclusive launch initiative offered by Spitzen Photography and is available only to the first five eligible business clients who successfully complete a qualifying booking in accordance with these Terms & Conditions.
By participating in the Founding Five promotion, clients agree to be bound by these Terms & Conditions.
2. Eligibility
2.1 The Founding Five promotion is available exclusively to business, commercial, corporate and organisational clients.
2.2 Private individuals, personal bookings and non-business services are not eligible for participation.
2.3 Participation is strictly limited to five (5) businesses.
2.4 The Founding Five promotion is available only to first-time business clients of Spitzen Photography.
2.5 Each participating business, company, organisation or legal entity may only claim one (1) Founding Five place.
2.6 Multiple representatives, employees, directors, departments, branches or clients from the same business, company, organisation or legal entity shall not be eligible to claim separate Founding Five places.
3. Entry Requirements
3.1 A business shall only be recognised as a Founding Five member once full payment for the qualifying booking has been received by Spitzen Photography.
3.2 Bookings that remain unpaid, partially paid, cancelled or otherwise incomplete shall not qualify for participation.
3.3 Participation is awarded in the order that qualifying bookings are fully completed and paid.
3.4 The promotion shall automatically close once five qualifying businesses have successfully completed eligible bookings and fulfilled all participation requirements.
4. Founding Five Benefits
Eligible Founding Five members shall receive:
- A 10% discount on the qualifying booking.
- Priority Delivery of final edited media.
- Featured placement within the website navigation footer.
- A dedicated business profile page on the Spitzen Photography website, similar to a sponsor or partner feature page.
The estimated value of the Priority Delivery benefit is up to £140.
Priority Delivery means that Founding Five projects shall be prioritised ahead of standard client projects wherever reasonably practicable. Whilst Spitzen Photography will make every reasonable effort to provide expedited delivery, specific delivery dates are not guaranteed and may be affected by workload, operational requirements, unforeseen circumstances or other commitments.
Participation in the Founding Five promotion does not create any contractual entitlement to a fixed delivery deadline unless otherwise agreed in writing.
All benefits are provided at the sole discretion of Spitzen Photography and are subject to website availability, maintenance requirements and reasonable operational constraints.
5. Website Features and Promotion
5.1 Founding Five businesses shall be featured on the Spitzen Photography website for a minimum period of twelve (12) months from the date their feature is first published.
5.2 Website features may include, but are not limited to:
- Business name;
- Business logo;
- Business description;
- Photography produced by Spitzen Photography;
- Website links;
- Social media links;
- Promotional content relating to the participating business.
5.3 Participating businesses shall receive a dedicated profile page on the Spitzen Photography website, similar in nature to a sponsor, partner or featured business page.
5.4 Spitzen Photography reserves the right to determine the design, layout, positioning and presentation of all featured content.
5.5 Following the minimum twelve (12) month feature period, Spitzen Photography may continue to display Founding Five content at its discretion.
6. Business Changes and Non-Transferability
6.1 Founding Five membership is awarded exclusively to the participating business and may not be sold, transferred, assigned or otherwise passed to another business, organisation or legal entity.
6.2 Where a participating business undergoes branding updates, including changes to logos, imagery, website links, social media accounts or marketing materials, Spitzen Photography may update the relevant website content where reasonably practicable.
6.3 Such updates shall not constitute a transfer of membership and shall remain subject to these Terms & Conditions.
7. Copyright and Usage Rights
7.1 As a condition of participation in the Founding Five promotion, participating businesses acknowledge and agree that all photographs, images and media created by Spitzen Photography shall remain subject to the standard copyright ownership and licensing arrangements of Spitzen Photography unless otherwise agreed in writing.
7.2 Businesses requiring any of the following shall not be eligible for the Founding Five promotion:
- Exclusive copyright ownership;
- Full copyright assignment;
- Transfer of intellectual property ownership;
- Exclusive usage rights that restrict Spitzen Photography from displaying, promoting or otherwise using the created media for portfolio, marketing or promotional purposes.
7.3 Participation in the Founding Five promotion grants Spitzen Photography the ongoing right to display, publish and promote media created under the qualifying booking for portfolio, marketing, promotional and website purposes, including but not limited to:
- The Founding Five programme;
- The Spitzen Photography website;
- Website galleries;
- Social media platforms;
- Printed marketing materials;
- Advertising campaigns;
- Future business promotions.
7.4 Standard licensing rights granted to participating businesses shall remain unaffected by these Terms & Conditions unless otherwise agreed in writing.
8. Limitation of Availability
8.1 The Founding Five promotion is strictly limited to five participating businesses.
8.2 Once all five places have been allocated and qualifying bookings have been completed, the promotion shall be deemed closed.
8.3 No additional places shall be offered unless expressly announced by Spitzen Photography.
8.4 Spitzen Photography reserves the right to withdraw, amend, suspend or discontinue the promotion at any time prior to all five places being awarded.
9. Cancellation and Removal
9.1 If a qualifying booking is cancelled before completion of the agreed services, Spitzen Photography reserves the right to revoke Founding Five eligibility and offer the position to another business.
9.2 Businesses that materially breach these Terms & Conditions may have their Founding Five status withdrawn.
9.3 Withdrawal of Founding Five status may result in the removal of website features, profile pages and promotional placement.
10. General
10.1 Participation in the Founding Five promotion constitutes acceptance of these Terms & Conditions.
10.2 Spitzen Photography reserves the right to amend these Terms & Conditions where reasonably necessary to protect the integrity, administration and purpose of the promotion.
10.3 Any failure by Spitzen Photography to enforce a provision of these Terms & Conditions shall not constitute a waiver of that provision.
10.4 These Terms & Conditions shall be governed by and construed in accordance with the laws of England and Wales.
10.5 Any disputes arising in connection with the Founding Five promotion shall be subject to the exclusive jurisdiction of the courts of England and Wales.