TERMS/CONDITIONS & WAIVER
Debbie Thompson Photography
Photography Workshop Terms, Conditions & Waiver
Debbie Thompson Photography (hereinafter “Debbie Thompson Photography”, “we”, “us”, “our”) is pleased to provide photography workshops to our valuable clients. Our workshops take you to some of the world’s most picturesque sites where we teach you how to capture the beauty of each location in photographs. We are excited to serve our participants (hereinafter “Client”, “you”) and to share this unique experience with you.
“Workshop” means the service provided by Debbie Thompson Photography to the Client as purchased by the Client and as advertised on www.debbiethompsonphotography.com, social media, or in any other marketing materials produced by Debbie Thompson Photography.
“Workshop Description” means the detailed description of the relevant Workshop as set out on www.debbiethompsonphotography.com or in any other marketing materials produced by Debbie Thompson Photography.
We draw your attention to the Terms and Conditions of travel below, these Terms and Conditions including all brochures, documents, correspondence, and the terms and conditions of our suppliers form the basis of the contract with you. Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (and asked any questions you may have). Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all the Terms and Conditions laid out below and acknowledging that you have read the Terms of this Contract and agree with it.
VIOLATIONS BY YOU.
You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) your being denied access to the applicable travel related product or service.
CHANGES TO THESE TERMS AND CONDITIONS.
Debbie Thompson Photography reserves the right, in our sole discretion, to change these Terms and Conditions at any time. Upon making changes, we will notify you via the email address you provide to us at booking. The current terms will apply to your booking. You must therefore be familiar with the terms in effect at the time you book. Your continued use of our services including continuing to use or maintain any bookings after notice of any changes to the terms and conditions constitutes your consent to the changes.
COVID 19 RELEASE OF LIABILITY.
By booking a photography workshop at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself, that you may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your workshop. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Debbie Thompson Photography.
You acknowledge that due to the uncertainty of travel at this time, your workshop may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination or proof of negative testing. Stopover countries requirements will also apply. On your return home, additional testing, requirements, or documentation may be required. You are responsible for understanding these requirements and must not rely on Debbie Thompson Photography to provide these details. You understand that you may become sick before, during, or after the workshop and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, Debbie Thompson Photography has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Debbie Thompson Photography shall not be liable to any losses howsoever arising.
You, for yourself, and on behalf of your heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Debbie Thompson Photography its members, officers, agents, and/or employees, and suppliers (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
A non-refundable deposit of the amount stated in the Workshop Description is required at the time of booking and must be sent to Debbie Thompson with the duly completed booking form. The deposit covers the time of planning and organizing your photography workshop and is non-refundable even if you cancel your trip, your trip is cancelled by a supplier, or due to a force majeure event.
Your booking is NOT complete until you receive confirmation from us. A confirmation of Debbie Thompson Photography’s acceptance of the Client’s booking will be sent by email, and it is at this time only that a contract comes into existence between Debbie Thompson Photography and the Client.
After booking you will receive your final itinerary with an invoice with payment information and other important travel information. This invoice is subject to change until you receive confirmation that your travel is booked.
Bookings do not include airfare and you must not make any air reservation until you receive confirmation of your booking. Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional cost you incur with the air carrier.
Upon booking, we will provide you with instructions of payments and all due dates. You must make all payments in full and on time. If full payment is not received by the due date on your invoice, we reserve the right to cancel your travel and apply the cancellation charges set out in the cancellation section below. The balance of the cost of the workshop will be due 30 days before the arrival date for the relevant Workshop as set out in the confirmation email sent in accordance with the above. If the balancing payment is not received in full by Debbie Thompson Photography on or before 30 days before the arrival date of the relevant Workshop, Debbie Thompson Photography reserves the right to treat the Booking as cancelled by you for which the cancellation schedule below will apply.
If a booking is made less than 30 days before the arrival date for the relevant Workshop, the Client shall pay the full amount for the Workshop at the time of booking.
Please review all documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections.
PRICE AND RATE CHANGES.
We reserve the right to add a supplement to your travel prices should our costs of supplying your travel increase, until we receive your final payment. Any increase to your workshop package price will be as the result of changes in our costs of supplying your travel resulting from dues or taxes payable locally, currency fluctuations and government action. If our costs to supply your travel increase, we reserve the right to increase the price of your travel and will forward a new Invoice reflecting any changes made. After final payment your price is locked in.
Only items listed on your itinerary are included in the price of the workshop. All other items are at the Client’s cost. Keep in mind that some sites may charge an entrance fee which you are responsible to cover if it is not included in your itinerary.
Other excluded items include, but are not limited to items such as international and domestic airfare, checked and/or excess baggage; passport and visa fees; trip protection and/or insurances of all kinds; gratuities if not listed on your itinerary; laundry; phone calls; minibar; beverages and meals not detailed in the itinerary; optional experiences; and all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the workshop early, whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
Cancellation of travel must be made in writing by email and is effective from the date we receive the written notification. Our deposit is always non-refundable. Debbie Thompson Photography incurs costs with the suppliers of your trip well in advance of your departure date. All suppliers have their own cancellation policies, which apply to your workshop booking. Upon receipt of your cancellation request we will contact the suppliers for any applicable refunds subject to the supplier’s terms and conditions. If you are entitled to a refund, please note that the supplier is responsible for this refund, not Debbie Thompson Photography. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.
In addition to our suppliers’ cancellation fees, the following penalty will apply:
* 100-75 days before the arrival date of the Workshop = 50% of the total cost + non-refundable deposit
* 75-50 days before the arrival date of the Workshop = 75% of the total cost + non-refundable deposit
* 50 days or fewer before the arrival date of the Workshop = NO REFUND
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason we strongly encourage the purchase of a travel protection plan including additional cancel for any reason coverage.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.
CHANGES AND CANCELLATION BY THE SUPPLIER.
We will inform you as soon as reasonably possible if a supplier needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the supplier in relation to any alternative arrangements offered by the supplier, but we will have no further liability to you
If between planning time and/or during actual travel, circumstances require changes, Debbie Thompson Photography and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any workshop, including but not limited to hotels and accommodations of comparable quality, if transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on a workshop. During local or national holidays or special events, public transportation strikes, peak seasons, on certain days of the week, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing workshops, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. Debbie Thompson Photography cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be consider cause for cancellation by the traveler. Normal cancellation penalties still apply to the workshop that has been changed.
NO REFUND FOR UNUSED ARRANGEMENTS.
As Debbie Thompson Photography’s prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while your trip is in progress, there is no refund for the unused portion.
NON-OPERATION OF GROUP WORKSHOPS.
All workshops are based on a minimum number of participants. Debbie Thompson Photography makes every effort to ensure that workshops meet their minimum requirements. However, if the workshop drops below the minimum number of participants cancellation of the workshop may occur at the sole discretion of Debbie Thompson Photography. In such case, guests will be advised at least 45 days prior to departure. Debbie Thompson Photography reserves the right to change the departure date. We may offer alternative workshop dates or other travel arrangements. You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided. The deposit is always non-refundable. Any air cancellation will be in accordance with the terms of the carrier and Debbie Thompson Photography will not be liable for the carrier’s refusal to make any refund whatsoever. In such case Debbie Thompson Photography will not be liable for any additional costs incurred outside of the workshop prices such as visa and passport fees, travel insurance or any other purchases made by the guest in anticipation of the workshop.
Debbie Thompson Photography assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Debbie Thompson Photography that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Debbie Thompson Photography. Our planning fee is always non-refundable.
It is the traveler’s responsibility to protect their purchases. For this reason, Travel Protection Coverage including additional cancel for any reason coverage is strongly recommended. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase.
Debbie Thompson Photography is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Debbie Thompson Photography cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
Equipment insurance is not provided by Debbie Thompson Photography and must be arranged by the Client. It is the responsibility of the Client to ensure that they have the appropriate type of insurance and an appropriate level of cover for their participation in the Workshop.
All items of equipment (photographic or otherwise) loaned by Debbie Thompson Photography (or any co-leader of the Workshop) to the Client during the course of the Workshop, will be the personal responsibility of the Client. Any loss or damage must be paid for by the Client.
DESTINATIONS AND DOCUMENTATION.
Travel to certain destinations may involve greater risk than others. Debbie Thompson Photography urges Travelers to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, Debbie Thompson Photography will not be liable for damages or losses that result from travel to such destinations.
It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/traveler-information/acceptable-ids. Debbie Thompson Photography strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.
Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense, and you are unsure how the country you are traveling to (or through) views that offense, please contact that country directly for entry and exit requirements. We feel it is an invasion of privacy for any member of our staff to make such an inquiry. It remains the client’s responsibility to make relevant inquiries and meet any requirements for travel.
Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
Debbie Thompson Photography, and its employees, owners, agents, and representatives use third party suppliers to arrange workshops, transportation, sightseeing, lodging, and all other services related to this workshop. Debbie Thompson Photography is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Debbie Thompson Photography does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your workshop. All suppliers are independent contractors and are not agents or employees or representatives of Debbie Thompson Photography. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Debbie Thompson Photography, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any workshop traveler or their belongings (including but not limited to camera equipment, computer), or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Debbie Thompson Photography. Debbie Thompson Photography assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any client that may result from any act or omission on the part of others; Debbie Thompson Photography assumes no responsibility or liability for personal property; and Debbie Thompson Photography shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Debbie Thompson Photography accepts no responsibility for lost or stolen items. Debbie Thompson Photography reserves the right to refuse any client or potential traveler at its sole discretion.
Debbie Thompson Photography aims to provide a safe, educational, and enjoyable experience in all her workshops.
The client acknowledges that there is always an element of risk in any outdoor workshop. Participants must be physically fit and capable of participating in the relevant Workshop, and are fully and completely aware of any associated risks created by field locations and weather.
ASSUMPTION OR RISK/WAIVER.
Client is aware that travel such area as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, transportation accidents including cable cars, boats and taxis, animals, roadway hazards, uneven walking surfaces, slips, and falls, accidents while hiking including accidents related to high elevation, boating accidents including but not limited to, slips and falls on slippery surfaces, accidents during boarding and offboarding, falling into the water, drowning, lifting and carrying luggage, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including workshop guides, other clients, Debbie Thompson Photography and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Client understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, Client is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Client hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of Debbie Thompson Photography and agrees to and shall hold harmless and fully release Debbie Thompson Photography, its owners, members, agents, and assigns (together Debbie Thompson Photography) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Debbie Thompson Photography and Client hereby covenant not to sue Debbie Thompson Photography for any such claims or join any lawsuit or action that is suing Debbie Thompson Photography. This agreement also binds your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
Each client is expected to act responsibly and adhere to all behavior guidelines established by Debbie Thompson Photography and our local suppliers. Our local suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt others. In any such case, there will be no refund.
Client agrees to and shall indemnify and hold harmless Debbie Thompson Photography, and each of our officers, directors, employees and agents (collectively “Debbie Thompson Photography”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Debbie Thompson Photography (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) client’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by client while participating in the workshop.
RE-CONFIRM YOUR FLIGHT.
Debbie Thompson Photography advises you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure.
The Client shall ensure they arrive on time at the specified airport/port for the relevant Workshop on the arrival date. The relevant Workshop will commence upon Client’s departure from the specified port/airport on the Workshop’s arrival date with Debbie Thompson Photography.
PRE-EXISTING MEDICAL CONDITIONS/PRESONS WITH DISABILITES.
Some activities on our workshops are physically active and interactive, so you must be in good physical condition and health to participate in them. An offered activity may not be appropriate for all ages or for individuals with certain medical conditions. It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your workshop, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Debbie Thompson Photography will communicate requests to Suppliers, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the traveler requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify Debbie Thompson Photography at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.
Any photographic, film, video likeness or audio recordings of travelers while on workshop may be edited and used by Debbie Thompson Photography in future marketing campaigns and on the Debbie Thompson Photography website and social media accounts without any notification or compensation to the traveler. Traveler releases and discharges Debbie Thompson Photography from any and all claims and demands arising out of or in connection with the use of the Photographic Images, including without limitation any and all claims for libel, invasion of privacy, or false light, and from any and all liability for damages of whatever kind, which may, at any time, result to me, my heirs, legal representatives, and assigns.
GOVERNING LAW/SUBMISSION OF JURISDICTION/CLASS ACTION WAIVER/NOTICE OF CLAIM.
This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Placer County, California. You agree that you will only bring claims against Debbie Thompson Photography in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. Debbie Thompson Photography shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a workshop means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Debbie Thompson Photography unless you have first provided a typewritten notice of claim to Debbie Thompson Photography within 30 days after the workshop or cancellation of the workshop.
ENTIRE AGREEEMENT & SEVERABILITY.
This agreement, including the terms and conditions of our suppliers, any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Debbie Thompson Photography. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.