Captivated by the Rockies Terms and Conditions
Effective date: January 1, 2021
The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Gina Yeo Photography (“Company,” “we,” or “us”).
The Company agrees to offer Captivated by the Rockies and a private online community of learning to You. (“Retreat”). As a condition of participating in the Retreat, you agree to be bound by and abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company agrees only to provide the Client with access to the Retreat, which provides education and information. The information contained in the Retreat, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
In consideration of Your access to the Retreat, you agree to pay the following fees.
Deposit & Payment: Deposit made is considered partial payment toward the retreat's cost and will hold your spot. Deposits are non-refundable unless another person fills your spot. Only after your spot is filled can the deposit be refunded minus an administration fee ($125 CAD), or you may choose to use the full deposit towards a future retreat if the spot you put on hold is filled.
If you fail to submit the final registration balance fees by the required date (August 23, 2021), you will forfeit your spot, and the retreat facilitator is free to open that spot to the public. Your deposit will not be refunded in such a circumstance.
Once your full payment has been processed, it is non-refundable. However, if you can fill the spot, your payment will be refunded minus an administration fee ($250 CAD).
If a refund is requested monies will be processed by an external payment processor. The Company cannot control payment refund processing speed.
If you become ill due to COVID-19 and cannot attend the retreat, you must provide medical proof of illness. A refund will be issued minus facilitator costs (any room charges that may occur due to withdrawal from the retreat and administration charges ($250 CAD).
Full vaccination for COVID-19 is highly recommended for participation in Captivated by the Rockies.
If You become ill and cannot attend the retreat, you must provide medical proof of illness. A refund will be issued minus facilitator costs (any room charges that may occur due to withdrawal from the retreat and administration charges ($250 CAD).
*Refund administration fees may change without notice based on current transaction rates.
Retreat Cancellation Clause
If circumstances arise due to the retreat being unable to run, such as facilitator illness, COVID-19 health pandemic restrictions set by governing authorities, facilitator casualty, an act of God or any other cause beyond the retreat facilitator’s control, all tuition paid, including the deposit, will be returned, with no further liability.
Additional money spent on travel preparation will not fall under the Company's responsibility. Travel insurance is strongly recommended. Delays or additional expenses created by weather, illness, etc., are the responsibility of You.
Should it be necessary to cancel the workshop due to underbooking, a full refund will be provided. Refunds will occur 30 days before the scheduled retreat date. After that point, only severe and unforeseen circumstances will cancel the retreat.
The Compnay carries business liability insurance, and the proof is available by request.
You will receive and be required to sign an acknowledgement of risks. This will be due with the final payment. Also, injury or accident impacting oneself, theft or damage to photographic or other equipment is not the Compnay's responsibility. Insurances protecting your body, travel and gear are highly recommended.
Participant Capacity Acknowledgment
By signing up for the Retreat, You agree that your physical and mental capabilities are up to the activities involved in this workshop. You also agree to follow all required COVID-19 health and safety protocols set out by governing authorities, such as physical distancing requirements and mask-wearing, if required.
Inclement Weather Note
Weather is always unpredictable and cannot be guaranteed. You agree to come prepared for all conditions by bringing proper clothing and gear. Should the weather be severe enough to keep us indoors during the retreat, we will spend invaluable discussion of techniques, creativity and post-processing.
The Retreat Community
As part of the Retreat, the Company provides an online retreat community for sharing, collaboration and learning.
You will have access to this community upon registration deposit for the Retreat until a time specified following the Retreat.
The community will be deleted after completion of the Retreat however the Company will provide a 30 days notice of deletion via the email You signed up to the Retreat with, and You may download the resources contained in the community area. The Company will not be held responsible for undelivered emails due to server deliverability, change of email address, or other reasons for undelivered 30-day notification emails.
Ownership Of All Intellectual Property
All content included as part of the Retreat, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Retreat, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans in the Retreat are their respective owners' trademarks.
Your participation in the Retreat does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Retreat, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Retreat's content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Retreat.
The Company content is not for resale. Your participation in the Retreat does not entitle you to make any unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and make no other use of the content without the Company's express written permission and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the Company's intellectual property or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Retreat will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
The Company respects the privacy of its clients and will not disclose any information. You provide except as set forth in this Agreement. As a condition of participating in the Retreat, you hereby agree to respect other program participants' privacy and respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Retreat unless you receive express written permission from such other participants to share the information. Similarly, the content of the Retreat contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Retreat with anyone other than the Company, its owners and employees, and other Retreat participants.
Social media posts are important to the promotion of the Retreat. By participating in the Retreat you agree to allow your image and/or voice to be posted to social media in which You may or may not be identifiable.
Should you prefer to not participate in social media posts please inform the Company in writing before the Retreat (email is suffice).
By participating in the Retreat, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Retreat or not. The Company provides educational and informational resources that are intended to help participants in the Retreat succeed. You nevertheless recognize that your ultimate success or failure will result from your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Retreat are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer due to the use, or non-use, of the information available in the Retreat. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended in the Retreat.
Materials Provided By You During The Program
The Company does not claim ownership of the information or materials. You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
The Company makes no warranties regarding the program's performance or operation, including any technical aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Retreat. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur due to the use of the Retreat and/or any information and resources contained in the Retreat. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for the use of the Retreat.
The instruction, information, software, products, and service included or available through the Retreat may include inaccuracies or typographical errors. Changes are periodically added to the information in the Retreat. The Company and/or its suppliers may make improvements and/or changes in the Retreat at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Retreat for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to the instruction, information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Retreat, with the delay or inability to use the Retreat or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Retreat, or otherwise arising out of the use of the Retreat, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some Provinces or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Retreat or any portion of it, your sole and exclusive remedy are to discontinue using the Retreat.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Retreat.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Calgary, Alberta, Canada, at your own expense. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Retreat and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with the Company in asserting any available defences.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Retreat and the related services or any portion thereof at any time, if You become disruptive to the Company or other Retreat participants, if You fail to follow the Retreat guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly outlined in writing and signed by the Party so waiving. Except as otherwise outlined in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
This Agreement shall commence and be enforceable with respect to each Retreat participant upon the date that the participant initially registers for the Retreat.
If you have any questions, concerns or complaints about this Captivated by the Rockies Terms and Conditions, please contact us:
- By email: [email protected]