Terms and Conditions
Definitions: This agreement is by and between New York City Photo Safari, (“NYCPS”) and the Participating party, (“Participant”, named on the electronic registration). NYCPS's relationship with Participant is that of an independent contractor. "Safari" refers to the photography event, seminar and/or instructional period described on the registration materials Participant has registered to attend. “Instructor” refers person or persons leading and teaching a Safari. “Material" refers to information or any other form of materials delivered by Instructor to Participant. Material(s) shall be the Instructor's interpretation, rather than a literal re-creation of any concepts provided to Participant by NYCPS or its representative.
Payment, Cancellation and Location Changes. To register for a Safari, Participant must make full payment using the online registration system or over the phone. Participant may cancel a Safari up to 48 hours prior to its commencement and receive a full refund or credit towards a future Safari. If Participant cancels less than 48 hours prior to the start of their Safari, Participant shall be offered a refund or credit, minus a fee; fee shall be 25% of the current retail value of the price paid per participant. If Participant fails to cancel or reschedule prior to the commencement of scheduled Safari and does not attend said Safari, Participant is considered a “no show” and is not entitled to any refund or credit towards future safaris. If Participant is "no show" (i.e. Participant does not contact NYCPS prior to the start of safari and does not attend) Participant is not entitled to a refund; Participant may however reschedule by paying a $50 extension fee if Participant contacts NYCPS within 48 hours after the end of the scheduled Safari.
NYCPS is not responsible for Participant “no show” due to acts of God, transit delays, medical emergency, etc. Exceptions may be made on a case-by-case basis at NYCPS’s discretion.
If a Safari is canceled by NYCPS for any reason other than weather, Participant shall be entitled to a full refund or a full credit towards another Safari. Safaris are “rain or shine” and every effort will be
made to conduct a scheduled Safari.
NYCPS may change the location of a safari (and may move outdoor safaris indoors or move indoor safaris outdoors) due to a variety of conditions outside the control of NYCPS (including but not limited to weather conditions, transit strikes, protests, etc.). 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 a safari and Participant wishes to reschedule, 25% rescheduling fee (as stated above) continues to apply.
All credits must be used within three (3) months from the date the original Safari was scheduled.
Prepaid Discounted Vouchers (Groupon, Living Social, etc.): Vouchers must booked AND used towards a qualifying Safari indicated on Voucher prior the expiration date of the voucher. If you used a prepaid voucher to make your reservation you may not reschedule your Safari beyond the expiration date of your voucher. All cancellation and rescheduling policies stated above apply.
Assumption of Risk: Photo Safaris, 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 Safaris. Each Participant assumes all associated risk inherent in a Safari as indicated and is personally responsible for the consequences. In the event the Participant is a minor, the accompanying parent assumes responsibility of the minor’s health and well being. Participant agrees to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY NYCPS, 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 NYCPS its officers, directors, agents, and leaders, in any way connected with a Safari. Participant further agrees to HOLD HARMLESS the NYCPS, its officers, directors, agents, and leaders from any claims, damages, injuries or losses caused by Participant’s own negligence while a Participant on a Safari.
Instructor. NYCPS may substitute one Instructor for another to lead a Safari in the event of scheduling or of Instructor’s illness. In the event of such substitution, NYCPS warrants that the Instructor shall be a competent professional.
HEALTH & PHYSICAL CONDITION: Photo Safaris are WALKING Safaris. Safaris may include walking as many as 5 miles throughout the Safari. Although, there will be ample breaks during discussion and application periods throughout the Safari, it is the Participant’s responsibility to assess the appropriateness of the Safari 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. NYCPS cannot be responsible for Participants who, after beginning a Safari, find that they cannot participate in Safari activities. If Instructor determines that a Participant cannot complete the Safari, Instructor may ask that Participant withdraw from the Safari at any time without refund.
Smoking & Alcohol: Smoking, consumption of alcohol or other intoxicants during a Safari is strictly prohibited. If at anytime a Participant engages in such activity he/she may be asked to leave the Safari; no refund shall be offered. Arriving at a photo tour intoxicated is also grounds for immediate dismissal with no refund.
Miscellaneous: NYCPS makes every attempt to provide Participants with a safe and worth while experience. NYCPS, their employees, subcontractors and/or suppliers act only as agents for the Participant including but not limited to, photography, sightseeing, meals, transportation, instruction, lodging and all other services. NYCPS 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 a Safari. NYCPS 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. NYCPS is not responsible for any other Participant preparation expense including non-refundable airline tickets or credit card fees.
Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration before the parties agree to first try to resolve this dispute with the help of a mutually agreed upon mediator provided by Lawyers for the Creative Arts (New York, NY). Any fees will be the responsibility of the losing party. If it proves impossible to arrive at a mutually satisfactory solution, the parties agree to submit the dispute to binding arbitration in New York, NY, conducted on a confidential basis pursuant to commercial arbitration rules of the American Arbitration Association, or the rules of Lawyers for the Creative Arts (New York, NY). Any decision or award as a result of any such arbitration proceeding will include the assessment of cost, expenses and reasonable attorney’s fees and shall include a written determination of the arbitrators. Absent an agreement to the contrary, any such arbitration shall be conducted by an arbitrator experienced in visual arts law, provided by Lawyers for the Creative Arts (New York, NY). An award of arbitration shall be final and binding by the parties and may be confirmed in a court of competent jurisdiction. The prevailing party shall have the right to collect from the other party its reasonable costs and attorney’s fees incurred in enforcing this agreement.
Modifications Governing Laws and Miscellaneous. This Agreement sets forth the entire understanding and agreement between NYCPS and Participant regarding the Safari. This Agreement supersedes any and all other prior representations and agreements regarding a Safari and/or the Material(s), whether written or verbal. Neither NYCPS 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 Instructor. 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 NYCPS by Participant or Participant's representative prior to commencement of a Safari, or this Agreement shall be binding. The formation, interpretation, and performance of this Agreement shall be governed by the laws of the state of NYCPS's principal place of business, excluding the conflict of laws and rules in the state of NYCPS’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.