TERMS AND CONDITIONS FOR PARTICIPATION IN THE POPULAR PHOTOGRAPHY/AMERICAN PHOTO MENTOR SERIES WORKSHOPS
Your agreement on this Registration Form signifies your agreement to the following terms and conditions of participation in the Popular Photography/American Photo Mentor Series Workshop (hereinafter the “Workshop”).
1. Basic Cost. The “Basic Cost” of the Workshop can either include 3 days of shooting on a domestic workshop or 7-10 days of shooting on an international workshop with instruction from professional photographers. Any other expenses incurred by you, including, without limitation, transportation, lodging and hotel upgrades, trip extensions, tips and items of a personal nature such as laundry, alcoholic beverages, passport and visa fees, insurance, and foreign port taxes, are not included in the Basic Cost and are your sole responsibility.
2. Travel Documentation. You are responsible for ensuring that you have the proper travel documents. You should check with the respective consulate(s) or visa agencies to determine whether visas are required. Valid passports are required for international travel.
3. Insurance. Unless you are already covered under an existing policy, we recommend that you purchase travel insurance. Such insurance often provides coverage for losses suffered in the event of trip cancellation and interruption, travel delay, loss of baggage and travel documents, baggage delay, medical emergencies and accidental death. If the tour operator handling the Workshop offers insurance, we will provide you with information about it and instructions about how to purchase a policy. It is, however, your responsibility to purchase the policy (which is not part of the Basic Cost of the Workshop) and understand the scope of coverage. We do not assume any obligations or liabilities in connection with travel insurance.
4. Travel Risks. You understand that there are factors that may impact the Workshop that are beyond our reasonable control. For example, certain international Workshop destinations may involve travel to remote or politically unstable areas or areas where the standards of quality and hygiene, transportation, methods of conducting business, medical services, telecommunications services, etc. are substandard to what you might expect in the United States. You further understand that there are risks and dangers associated with domestic travel to and from the Workshop, which include, but are not limited to, personal injury, death, permanent disability, disfigurement, terrorist activity, arrest, plane and car accidents, separation from the group, disease, sickness, lack of adequate medical care or treatment, and other similar dangers which could result in permanent injury or death. It is your responsibility to check with your own healthcare provider for any inoculations or other certificates that may be needed to travel to the Workshop destinations. You fully accept the risks associated with travel, both domestically and internationally, and agree to hold us harmless from and against any and all liability or cost in connection therewith, including the cost of any emergency medical treatment or evacuation
5. Third-Party Services. You understand that we rely upon third party tour organizers, transportation providers, hotel operators and food providers to provide the services associated with the Workshops. All tickets, coupons, reservations, etc. are subject to the terms and conditions and other policies of the third-party service provider. We cannot control the actions of such third-parties and do not assume responsibility for unanticipated events that may occur, including, without limitation, travel delays, lost luggage, cancellations, overbooking, and other reservation errors. You should build some flexibility into your schedule in case we need to extend the length of the Workshop or make other reasonable scheduling changes to accommodate unanticipated events such as travel delays, lost luggage, cancellations, overbooking and other reservation errors. You will not be entitled to a refund in the event of unanticipated events requiring scheduling changes. You further agree to hold us harmless from and against any liability for injury, death, damage, loss, accident, delay or irregularity that might occur in connection with any services provided by third parties.
International: there is no cancellation fee if you notify us in writing of your cancellation prior to 105 days before departure. Later cancellations are subject to the following fees:
104-60 days prior to departure: $1500.00 per person. 59-45 days prior to departure: 85% of total price per person non refundable 44-0 days: 100% non refundable.
Domestic: there is no cancellation fee if you notify us in writing of your cancellation prior to 45 days of the trek. Later cancellations are subject to the following fees:
44-31 days the cancellation fee is 50%
30-0 days before the first day of the trek the cancellation fee is 100%
If you attend a trek that includes a visit to a National Park & the destination of Hawaii: there is no cancellation fee if you notify us in writing of your cancellations prior to 60 days of the trek. Later cancellations are subject to the following fees:
59-45 days prior to departure: 85% of the total price per person non refundable
44-0 days prior to the departure: 100% non refundable
We reserve the right to cancel the Workshop or your reservation at any time. In the event of cancellation by us prior to departure, you will be refunded in full for any amounts previously paid for the Workshop.
7 Assumption of Risk, Release and Waiver of Liability. You understand that there are potential dangers incidental to your participation in the Workshop that are beyond our reasonable control which may be dangerous and which may expose you to the risk of personal injury, property damage, or even death. You also understand that there are potential risks as a consequence of participating in the Workshop, including but not limited to, encountering hostile terrain, becoming isolated or stranded, and encounters with wild animals. By participation in the Workshop, you knowingly and voluntarily assume all such risks, both known and unknown, and assume full responsibility for your participation in the Workshop. In consideration of your participation in the Workshop, you promise not to sue and hereby release Popular Photography, American Photo, Bonnier Corporation, all mentors participating in the Workshops, and their respective parents, subsidiaries, affiliates, directors, officers, employees, agents or representatives (“Releasees”) from and against any and all liability to you, your personal representatives, assigns, heirs and next of kin for any loss or damages and any claims or demands therefore arising in connection with your participation in the Workshop, including, without limitation, those arising out of injury to your person or property or resulting in your death. In addition, you, on behalf of your self and your personal representatives, heirs, executors, administrators, agents and assigns, agree to hold harmless and indemnify the Releasees from any and all costs that may result, including but not limited to, search and rescue costs, medical evacuation costs, medical or hospital fees, and any and all other fees or costs incurred by the Releasees in connection with your participation in the Workshop. You further agree that the foregoing Release and Waiver of Liability is intended to be as broad and inclusive as is permitted by law and that if any portion hereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
8. Photography. You hereby grant us the following right in the photography taken by you during the Workshop if you personally submit images to the representatives of the Magazines either during the workshop, by mail or electronically or from dupes that are made by American Photo / Popular Photography during the workshop: the right to use and reuse the photography in Popular Photography and American PHOTO magazines and on Web sites operated under the Popular Photography, American Photo and Mentor Series trademarks. You also grant us the right to permit selected third parties to use the photography in both editorial and promotional context. You further promise that the photography you take during the Workshop will be of your own creation and will not be libelous or obscene or otherwise violate or infringe the rights of any third party. If we publish your photography, you shall receive a credit, the placement, size and typeface of which shall be in our sole discretion.
9. Use of Name and Likeness. You also grant us the right to use your name and likeness in connection with the publication, advertising and promotion of Popular Photography and American Photo Magazines and the Mentor Series.
10. Miscellaneous. You agree that no oral representations, statements or other inducements apart from the foregoing written above have been made. This Agreement shall be governed by the laws of the State of New York applicable to contracts entered into and performed entirely therein. This Agreement sets forth our entire understanding and may not be modified except in a writing signed by you and us.