TERMS & CONDITIONS: To complete your registration, please ensure you have read and understand the following terms & conditions and if you agree, sign on the final page.
By registering for this photo tour or workshop, participants certify that they have carefully read the dates, schedule of activities, the requirements and the “Terms & Conditions” for the Photo Tour / Retreat/ Workshop (hereinafter referred to as the “Tour”) and are aware that the Tour involves the risk of personal injury, death or loss (damage) to property.
To reserve a place on the Tour, you must complete the relevant application form on the website.. Upon receipt of your application, Lisa Michele Burns (hereinafter referred to as the ‘Operator’) will discuss via email or phone your expectations and questions about the tour. After our chat, if you are accepted to the Tour, a non-refundable deposit of $1000 will be required to reserve your place along with a signed copy of the terms & conditions.
Full payment will be due on or before 60 days from the date of tour commencement. An invoice will be provided with payment options.
2. PAYMENT TERMS
Your deposit is non-refundable and non-transferable except to another participant wishing to register for the same tour at least 30days prior to the tour commencement date.
The Total Payment is due in full at least 60 days from the tour commencement date (the “Payment Due Date”). If the Operator does not receive your total payment on or before the payment due date, your reservation may be cancelled as a result.
3. PASSPORT/VISA REQUIREMENTS
Prior to joining the Tour you are responsible for obtaining and maintaining a valid passport and all appropriate visas or required documentation for the country or locations in which the Tour is taking place. The Operator is not responsible if you are denied entry or exit to/from any country or location due to a lack of valid Documentation.
4. TRAVEL INSURANCE
Each participant hereby confirms that they understand and agree to purchase the required insurance that is valid internationally, and that they will be required to provide proof prior to departure for the Tour in order to participate.
Suggested insurance should include but is not limited to the following:
Accident & Sickness Medical Expense Coverage
Stolen, lost or damaged property Coverage
Emergency Evacuation & Repatriation of Remains
Accidental Death / Dismemberment
Trip Cancellation Coverage
5. CHANGES OR CANCELLATION
In the unlikely event in which the Operator needs to cancel the Tour due to lack of bookings, medical or any other reasons; all monies paid, including deposits will be refunded in full to participants. It is the participants responsibility to purchase refundable air tickets or transport in the case it is necessary to cancel the tour.
In the event of a flight cancellation or weather related delays relating to the start, duration or end of the Tour, the Operator takes no responsibility for travel arrangements and/or any associated costs.
6. PARTICIPATION, HEALTH AND FITNESS
You declare that you are over the age of eighteen (18) and are in good physical and mental health, and are at a fitness level appropriate to participate in the relevant Tour. The Operator is not responsible for providing an alternative activity for you if you choose not to participate in any activities, tours or walks during the Tour.
During most Tours we will be taking public transport so a certain degree of fitness is required to take your luggage to/from the train station and/or carry a backpack with your camera gear during the daily activities. Tours involving an underwater element are also to be undertaken at the responsibility of the participant. It is the sole responsibility of the participant to be aware of their own abilities in the water and during any water based activities.
7. ASSUMPTION OF RISK
Understanding and in full awareness and consideration of the Tour activities, you agree to solely and exclusively assume full and complete responsibility for all the risks inherent in travel or activities which may include injury, death, property damage, and/or any other kind of liability, whether foreseen or unforeseen, which may occur during your participation in the Tour. IN NO EVENT WILL THE OPERATOR (THE WANDERING LENS, LISA MICHELE BURNS OR ANY RELATED PARTIES) BE LIABLE FOR ANY LIABILITIES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE TOUR.
In the event you are injured while participating in the Tour, you agree to assume all financial obligations for any and all medical costs you incur. You acknowledge and agree that IN NO EVENT SHALL THE OPERATOR AND/OR ANY OPERATOR PARTY BE LIABLE OR RESPONSIBLE FOR ANY LOSSES OR LIABILITIES ARISING OUT OF YOUR PARTICIPATION IN THE TOUR.
PLEASE ENSURE YOU OBTAIN SUITABLE TRAVEL INSURANCE FOR THE DURATION OF YOUR CHOSEN TOUR, INCLUSIVE OF YOUR DOMESTIC OR INTERNATIONAL TRANSPORT ARRANGEMENTS.
9. WAIVER OF LIABILITY AND RELEASE
In consideration for participating in the Tour, you assume full responsibility for and hereby release, discharge, hold harmless, waive and covenant not to sue the OPERATOR, it’s staff, guides, volunteers or any connected party FOR ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES AND/OR CAUSES OF ACTION (including but not limited to any exemplary, direct, indirect, incidental, special, consequential, punitive, or other damages, medical expenses, lost wages/income, loss of services, lost profits, property damage, pain, illness, and death) WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR TRAVEL TO AND/OR PARTICIPATION IN THE TOUR AND/OR ANY ACTIVITIES CONDUCTED IN CONNECTION THEREWITH, REGARDLESS OF WHETHER SUCH LIABILITIES ARE CAUSED BY THE NEGLIGENCE OF ANY OPERATOR PARTY OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ANY OPERATOR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The participant agrees to defend and indemnify the Operator, and its affiliate and/or associated operators from and against any and all demands, claims or lawsuits (including without limitation, third party asserted demands, claims or lawsuits), actions, liabilities, damages, costs, losses and/or expenses (including reasonable attorneys’ fees and expenses) (collectively, “Claims and Damages”) which the Operator may incur, suffer or be required to pay by reason of actions taken by the Participant, including those which result in damage to property owned by third parties, or any other Claims and Damages arising in connection with a third party claim suffered due to actions taken by the Participant. The Participant is liable to reimburse the Operator for any Claims and Damages collected by third parties, during the Trip or after, as a result of or related to actions taken by the Participant.
11. DISPUTE RESOLUTION
If the participant has a complaint, he/she should first inform the Operator or Tour leader while on the Tour so that the tour operator or Tour leader can attempt to resolve and rectify the matter. If the participant is still dissatisfied, he/she should submit the complaint in writing to The Wandering Lens within 14 days of the completion of the Tour.
12. MODEL RELEASE
The Operator and any associated parties reserve the right to take photographs or videos during the operation of any Tour or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By agreeing to the terms and conditions listed herein, the participant agrees to allow his/her likeness to be used by the Operator (The Wandering Lens) and all associated parties, Photo Tour leaders without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify the Operator in writing prior to departure of the Photo Tour.
13. PHOTO RELEASE
Copyright of all photographs and related materials created by the participant during the Photo Tour shall belong to the participant upon creation. The participant grants to the Operator their owners, associates and subsidiaries, a non-exclusive, worldwide, irrevocable license to use any material taken during the Tour voluntarily shared via Social Media for the following purposes: editorial use, promotion of this editorial use, advertising and promotion of Photo Tours or Workshops offered by the Operator or promotion of Photo Tours or Workshops led by The Wandering Lens and any associated Tour leaders. Permission will of course be requested.
This Agreement constitutes the entire agreement between you and Operator, and supersedes any prior agreement, regarding the subject matter herein. You acknowledge and represent that no oral representations, statements, or inducements, apart from those set forth herein, have been made to you by any Operator Party.
You acknowledge and agree that this Agreement, including the releases and waivers of liability herein, are intended to be as broad and inclusive as permitted by applicable law.
Now that the serious part is out of the way, please return to the application form to register for your chosen tour if you agree to the details noted above.
If you have any questions about the terms and conditions, please contact Lisa via email at email@example.com