I. Definitions: This agreement is by and between New York City Photo Safari, (“NYCPS”) and the Participating party, (“Participant”, "Registrant", "Purchaser", or "Buyer", named on the electronic registration). NYCPS's relationship with Participant is that of an independent contractor. The terms: "Safari", "Photo Tour" and "Photo Safari" refers to the photography event, workshop, seminar, tour and/or instructional period described on the registration materials Participant has registered to attend. “Instructor” refers person or persons leading and/or teaching a Safari. “Material" refers to information or any other form of materials delivered by Instructor to Participant.
II a. Health & Physical Condition: Photo Safaris are WALKING events. Safaris may include walking as many as 3 or more 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 NYC Photo Safari or its designees determine, at our sole discretion, that a Participant cannot complete the Safari, Instructor may ask that Participant withdraw or remove the Participant from the Safari at any time without refund. NYC Photo Safari and its designees reserve the right in our sole discretion to remove, accept or decline to accept any participant on a Photo Safari at any time for any reason.
II b. Smoking & Alcohol: Smoking, consumption of alcohol or other intoxicants during a Safari is strictly prohibited. If at any time 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.
III a. Payment, Cancellation and Location Changes: To register for a Safari, Participant must make full payment using the online registration system at www.newyorkcityphotosafari.com or over the phone. Your registration and payment is your commitment to attend the workshop. 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 48-24 hours prior to the start of their Safari, Participant shall be offered a refund or credit, minus a 25% administrative fee of the current retail value of the price paid per participant. If Participant fails to cancel or reschedule 24 hours or more 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.
i. NYCPS 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 NYCPS’s sole discretion. Participants who decide to leave a Photo Safari already in progress, for any reason, will not result in a full or partial refund. Joining a Photo Safari late will also not result in a full or partial refund.
ii. 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. We reserve the right to make changes to any itinerary up to one hour prior to the start of a Safari whenever, in our judgment, conditions warrant or if we deem it necessary for the convenience or safety of participants and instructors. If NYCPS cancels, changes a location or itinerary of any Photo Safari, NYCPS is not responsible for any cancellation fees or other costs incurred by participant. If NYCPS shortens a Photo Safari already in progress, you will receive a prorated refund based on the number of days not completed. We will not be responsible fees or costs incurred by participant due to or related to such changes.
iii. NYCPS may change the location or itinerary of a safari (and may move outdoor safaris indoors or move indoor safaris outdoors) due to any conditions outside the control of NYCPS (including but not limited to weather conditions, transit strikes, protests, etc.). The itineraries and staff presented on this website or other third party websites are subject to modification and change by the NYC Photo Safari and/or its designees. Every reasonable effort will be made to operate itineraries as planned, but alterations may still occur after final itineraries are sent. 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.
iv. Participants who register through a tour operator or third party website (eg. viator.com, expedia.com, coursehorse.com, etc.) must obtain refunds from the respective website or tour operator which may have additional rules and policies. NYC Photo Safari is not responsible for monies paid to a third party tour provider or registrations made via a website other than www.newyorkcityphotosafari.com.
v. All credits must be used within three (3) months from the date the original Safari was scheduled.
Exceptions to Cancellation Policies above are as follows:
III b. NYC the UPshot! To qualify for a full refund, Photo Safari participants must notify NYCPS 3 days or more prior to the start of the NYC the UPshot! Photo Safari. If participant cancels inside 3 Days (or 72 hours) of the start of your Photo Safari, participant will be entitled to a refund minus a 25% cancellation fee per Photo Safari booked. If participant is a "no show" (i.e. does not contact NYCPS prior to the start of the Photo Safari and does not attend), participant is not entitled to any refund; participant may however reschedule the Photo Safari by paying a $50 extension fee.
III c. Manhattan Photo Boot Camp Photo Safari participants must notify NYCPS no less than 30 Days prior to the event to receive a refund. No refunds will be given with less than 2 weeks notice. NYCPS may cancel the Photo Boot Camp due to low registrations up to 2 weeks prior to the start of the event.
i. Your registration and payment is your commitment to attend the workshop. You may receive a refund of your registration fees minus a 10% administrative fee up to 30 days prior to the start of your workshop. There are NO EXCEPTIONS TO THIS POLICY, even for medical emergencies. All cancellation requests must be made by phone or received by E-mail (if your email is not acknowledged by us within 48 hours we did not receive your cancellation and your cancellation is not acknowledged; we are not responsible for any emails lost in cyberspace or automatically deleted by anti-spam software).
ii. We reserve the right to cancel any Photo Safari due to low registrations that make the workshop economically infeasible to operate or due to good faith concerns regarding the safety or welfare of participants. If NYC Photo Safari cancels a workshop prior to the start time, NYCPS will provide a full refund of registration fees paid directly to NYCPS.
1. NYC Photo Safari is not responsible for monies paid to a third party tour provider or registrations made via a website other than www.newyorkcityphotosafari.com. NYCPS is not responsible for any cancellation fees or other costs incurred by participant due to its cancellation. If NYCPS cancels a Photo Safari already in progress, you will receive a prorated refund based on the number of days not completed.
2. We will not be responsible fees or costs incurred by participant due to or related to such cancellations (eg. airline or hotel reservations). We urge and encourage participants to purchase refundable airline tickets and trip cancellation insurance.
III d. Prepaid Discounted Vouchers (Groupon, Living Social, etc.): Vouchers must be 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.
IV. 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/guardian 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.
V. Instructor: NYCPS may substitute one Instructor for another to lead a Safari in the event of scheduling or of Instructor’s illness. NYCPS warrants that all Instructors shall be competent professional photographer s and will perform to his/her best ability. No refunds shall be made for such substitutions. Any material(s) provided during a photo tour shall be the Instructor's interpretation, rather than a literal recreation of any concepts provided to Participant by NYCPS or its representative. All material(s) provided are proprietary and belong solely to NYCPS. Participant acknowledges that NYCPS has spent considerable resources developing and creating these materials as well as training it's instructors on delivery of these materials. These materials are the pillars of NYCPS's competitive edge in the marketplace. Participant hereby agrees not to use materials gained during a Safari to own, manage, operate, consult or be employed in a business substantially similar to, or competitive with, NYCPS or such other business activity in which NYCPS may substantially engage.
VI. Use of Likeness: During a Photo Safari the Instructor or other persons may photograph Participant. Participant acknowledges that NYCPS has the absolute and irrevocable right and unrestricted permission concerning any photographs that is 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, and for any purpose whatsoever, specifically including but not limited to illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use your name in connection with any use if NYCPS so chooses. Participant releases and discharges NYCPS from any and all claims and demands that may arise out of or in connection with the use of the photographs, including without limitation any and all claims for libel or violation of any right of publicity or privacy.
VII. Miscellaneous: NYCPS makes every attempt to provide Participants with a safe and worthwhile 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 but not limited to non-refundable airline tickets or credit card fees.
VIII. 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.
IX. Modifications Governing Laws and Miscellaneous: This Agreement sets forth the entire understanding and agreement between NYCPS and Participant regarding the Safari and may be modified without notice. 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 or NYCPS. 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.