Terms and Conditions for UrbanWeird Explorations
Terms and Conditions
I. Definitions: This agreement is by and between Urban Weird Photography (“UWP”) and the Participating Party, (“Participant”), named on the electronic registration. UWP's relationship with Participant is that of an independent contractor. The terms: "Photowalk", "Photo Exploration" and "Exploration" refer to the photography event described on the registration materials Participant has registered to attend. “Photographer” refers person or persons leading and/or teaching an Exploration. “Material" refers to information or any other form of materials delivered by Photographer to Participant.
II a. Health & Physical Condition: Photo Explorations are WALKING events. Explorations may include walking as many as 3 or more miles throughout the Exploration. Although, there will be ample breaks during discussion and application periods throughout the Exploration, it is the Participant’s responsibility to assess the appropriateness of the Exploration activities with regard to Participant’s own physical and mental abilities. Each Participant guarantees that they do not have any physical, mental or other condition that would endanger themselves or another Participant. UWP cannot be responsible for Participants who, after beginning an Exploration, find that they cannot participate in Exploration activities. If UWP or its designees determine, at our sole discretion, that a Participant cannot complete the Exploration, Photographer may ask that Participant to withdraw or remove the Participant from the Exploration at any time without refund. UWP and its designees reserve the right in our sole discretion to remove, accept or decline to accept any Participant on a Photo Exploration at any time for any reason.
II b. Smoking & Alcohol: Smoking, consumption of alcohol, or other intoxicants during a Exploration is strictly prohibited. If at any time a Participant engages in such activity he/she may be asked to leave the Exploration; no refund shall be offered. Arriving at a photo tour intoxicated is also grounds for immediate dismissal with no refund.
III. Payment, Cancellation and Location Changes: If Participant wishes to cancel their Exploration, they should do so prior to 48 hours before the Exploration so that UWP can offer the vacancy to others. If Participant is a "no show" (i.e. Participant does not contact UWP prior to the start of the Exploration and does not attend) Participant may reschedule by paying a $45 extension fee if Participant contacts UWP within 48 hours after the end of the scheduled Exploration.
i. UWP is not responsible for Participant “no show” due to acts of God, transit delays, medical emergency, street closures, etc. Exceptions may be made on a case-by-case basis at UWP’s sole discretion. Participants who decide to leave a Photo Exploration already in progress, for any reason, will not result in a full or partial refund. Joining a Photo Exploration late will also not result in a full or partial refund.
ii. If an Exploration is canceled by UWP for any reason other than weather, Participant shall be entitled to a full refund or a full credit towards another Exploration. Explorations are “rain or shine” and every effort will be made to conduct a scheduled Exploration. We reserve the right to make changes to any itinerary up to one hour prior to the start of an Exploration whenever, in our judgment, conditions warrant or if we deem it necessary for the convenience or safety of participants and instructors. If UWP cancels, changes a location or itinerary of any Photo Exploration, UWP is not responsible for any cancellation fees or other costs incurred by participant. If UWP shortens a Photo Exploration already in progress, you will receive a prorated refund based on the number of hours not completed. We will not be responsible for fees or costs incurred by participant due to or related to such changes.
iii. UWP may change the location or agreed upon plan of an Exploration due to any conditions outside the control of UWP (including but not limited to weather conditions, transit strikes, protests, etc.). The information presented on this website or other third party websites are subject to modification and change by UWP and/or its designees. Every reasonable effort will be made to operate agreed upon plans, but alterations may still occur after final plans are set. Location changes do not alter the refund and reschedule policies above, i.e., if a location change is announced within 48 hours of the start time of an Exploration and Participant wishes to reschedule, 25% rescheduling fee (as stated above) continues to apply.
iv. Participants who register through a tour operator or third party website (e.g. viator.com, expedia.com, coursehorse.com, etc.) must obtain refunds from the respective website or tour operator which may have additional rules and policies. UWP is not responsible for monies paid to a third party tour provider or registrations made via a website other than urbanweirdphotography.com/photo-explorations.
v. All credits must be used within three (3) months from the date the original Exploration was scheduled.
1. UWP is not responsible for monies paid to a third party tour provider or registrations made via a website other than www.urbanweirdphotography.com. UWP is not responsible for any cancellation fees or other costs incurred by participant due to its cancellation. If UWP cancels a Photo Exploration already in progress, Participant will receive a prorated refund based on the number of hours not completed.
2. UWP will not be responsible fees or costs incurred by Participant due to or related to such cancellations (e.g. airline or hotel reservations). We urge and encourage Participant to purchase refundable airline tickets and trip cancellation insurance.
IV. Assumption of Risk: Photo Explorations, like most things worth doing, may involve some risk. Risks include, but are not limited to forces of nature, strikes, civil unrest, itinerary changes, negligent behavior of fellow Participants, mechanical failures, accidents, “acts of God”, and health risks. Medical services and/or facilities including emergency health care, or medication may not be available during some Explorations. Each Participant assumes all associated risk inherent in an Exploration as indicated and is personally responsible for the consequences. In the event the Participant is a minor, the accompanying parent/guardian assumes responsibility of the minor’s health and well being. Participant agrees to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY UWP, its officers, directors, agents, and leaders from any and all liability on account of, or in any way resulting from injuries, even if caused by negligence of UWP its officers, directors, agents, and leaders, in any way connected with an Exploration. Participant further agrees to HOLD HARMLESS UWP, its officers, directors, agents, and leaders from any claims, damages, injuries or losses caused by Participant’s own negligence while a Participant on an Exploration.
V. Photographer: UWP may substitute one Photographer for another to lead an Exploration in the event of scheduling or of Photographer’s illness. UWP warrants that all Photographers shall be competent professional photographers and will perform to his/her best ability. No refunds shall be made for such substitutions. Any material(s) provided during an Exploration shall be the Photographer's interpretation, rather than a literal recreation of any concepts provided to Participant by UWP or its representative. All material(s) provided are proprietary and belong solely to UWP. Participant acknowledges that UWP has spent considerable resources developing and creating these materials as well as training its Photographers on delivery of these materials. These materials are the pillars of UPW's competitive edge in the marketplace. Participant hereby agrees not to use materials gained during an Exploration to own, manage, operate, consult or be employed in a business substantially similar to, or competitive with, UWPE or such other business activity in which UWP may substantially engage.
VI. Use of Likeness: During a Photo Exploration the Photographer or other persons may photograph Participant. Participant acknowledges that UWP has the absolute and irrevocable right and unrestricted permission concerning any photographs taken of participant or in which Participant may be included with others, to use, reuse, publish, and republish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including but not limited to the Internet, for promotion and advertising of UWP only, without restriction as to alteration; and to use your name in connection with any use if UWP so chooses. Participant releases and discharges UWP from any and all claims and demands that may arise out of or in connection with the use of the promotional use of the photographs, including without limitation any and all claims for libel or violation of any right of publicity or privacy.
VII. Miscellaneous: UWP makes every attempt to provide Participants with a safe and worthwhile experience. UWP, their employees act only as agents for the Participant including but not limited to, photography, sightseeing, meals, transportation, instruction, and all other services. UPW is not responsible for injury, theft, loss, accident or delay which may occur by defect or default or any other cause through the acts of any company or individual conveying the Participant or carrying out any aspect of an Exploration. UWP does not accept responsibility for losses or expenses due to, but not limited to, “acts of God”, weather, strike, war, civil disturbance, terrorism or quarantine. All such losses or expenses are the responsibility of the Participant. UWP is not responsible for any other Participant preparation expense including but not limited to non-refundable airline tickets or credit card fees.
VIII. Modifications Governing Laws and Miscellaneous: This Agreement sets forth the entire understanding and agreement between UWP and Participant regarding the Exploration and may be modified without notice. This Agreement supersedes any and all other prior representations and agreements regarding an Exploration and/or the Material(s), whether written or verbal. Neither UWP nor Participant shall be bound by any purchase order, term, condition, representation, warranty, or provision other than expressly stated in this Agreement. No waiver or modifications may be made to any term or condition contained in this Agreement unless in writing and signed by Photographer or UWP. Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement. Any objections to the terms of this Agreement must be made in writing and delivered to UWP by Participant or Participant's representative prior to commencement of an Exploration, or this Agreement shall be binding. The formation, interpretation, and performance of this Agreement shall be governed by the laws of the prefecture of UWP's principal place of business, excluding the conflict of laws and rules in the prefecture of UWP’s principal place of business. All paragraph captions are for reference only, and shall not be considered in construing this Agreement. This Agreement shall be construed in accordance with its terms and shall not be construed more favorable for or more strongly against Instructor or Participant. This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid, stricken by court or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable to the extent practicable.