Private Custom Photography Tours, Captivated by the Rockies Small Group Workshop AND Online Workshop Session 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 and Daniel Tremblay, where applicable if he is a co-host to a small group workshop (“Company,” “we,” or “us”).
ALL Private Tours And Workshops (Captivated by the Rockies Small Group Workshops)
The Company agrees to offer private custom tours ("Tours"), and/or Captivated by the Rockies, aka small group workshops ("Workshops"), to You. As a condition of participating in a Tour or Workshop, you agree to be bound by and abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Terms of Use, Privacy Policy, & Disclaimer
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Tour or Workshop. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.
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 a Tour or Workshop experience, which provides education and information. The information taught during a Tour or Retreat, including online or any in-person interactions with the instructor, is not intended as, and shall not be understood or construed as, professional advice.
Your Investment
In consideration of Your access to a Tour or Retreat, you agree to pay the tuition identified upon your checkout.
The current investment requirements are as follows and are in CANADIAN (CAD) FUNDS.
Private Custom Photography Tours
- 5-Hour Photography Adventure: $525 and due in full.
- 8-Hour Photography Adventure: $840 and due in full.
- 2-Day (16-Hour) Photography Adventure: $1520 and due in full.
- Multi-Day Custom Photography Adventures. An estimate will be sent for approval. All multi-day custom adventures are due in full.
- Add-on photographers will receive a 20% discount on the above-stated investment for registration in the same tour.
- A 90-minute add-on online post-processing session will be offered to all Tours at a rate of $140.00.
Additional experiences without Tour or Workshop registration:
- 1-Hour online mentoring session: $150/hr and due in full. Mentoring can include image critique, photography discussion, or post-processing.
- 2-Hour post-processing online instruction session in Adobe Lightroom Classic (ACR) and/or Adobe Photoshop. (Creative Cloud subscription versions): $275/2 hrs.
Mini Small Group Workshops:
Mini-small group workshops are usually weekend retreats beginning on Friday evening through Sunday morning.
Payment: Full tuition investment is due at the time of registration. However, these workshops may offer a payment plan option. If chosen, the first month's payment is due upon registration, with the following payments automatically withdrawn for the specified subsequent months. If chosen, the registrant agrees to pay the full balance of a payment plan. Payment in full and installment plan payments are non-refundable however, payment may be transferred to a future tour or workshop.
Small Group Captivated by the Rockies Workshops:
These are multi-day workshops, usually beginning on a weekday. A deposit will be offered.
Deposit & Payment: The deposit made is considered partial payment toward the workshop's full investment and will hold your spot. Deposits are non-refundable but are transferrable to a tour or a future workshop.
If you fail to submit the final registration balance fees by the required date, specified at your time of purchase, you will forfeit your spot, and the Company 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 but transferrable to a tour or a future workshop.
**NOTE: ANY COSTS INCURRED DUE TO CANCELLATION, SUCH AS HOTEL LODGING, OR LOSSES SUFFERED BY THE COMPANY, ARE THE RESPONSIBILITY OF YOU, AND THAT PORTION WILL NOT BE TRANSFERABLE TO A FUTURE TOUR OR WORKSHOP.**
**NOTE: CANCELLATIONS MADE FOR ALL TOURS AND WORKSHOPS WITHIN 14 DAYS OF THE SERVICE START DATE ARE NON-REFUNDABLE AND NON-TRANSFERABLE.**
COVID-19 and ILLNESS Clause
If you become ill due to COVID-19 or some other ailment and cannot attend a tour or workshop, a refund will not be issued however, you may transfer your investment to a future tour or workshop. All Company incurred expenses that may occur due to withdrawal from the tour or workshop will be subtracted from the amount transferable.
Should your illness be grave, preventing you from permanent future participation in a tour or workshop, your investment will be refunded minus all company incurred expenses plus a $250 administration fee.
If, in any case, a refund is issued, an administration fee of $250 will be subtracted from the refunded amount.
*Refund administration fees may change without notice based on current transaction rates.
If for some reason, a refund is issued, monies will be processed by an external payment processor. The Company cannot control payment refund processing speed.
Transfer Clause
If circumstances arise and the company has agreed to a transfer of your deposit or full payment for a future private custom photography tour or small group workshop, the full transferring amount must be used within one calendar year. If you are unable to use the transferable funds within one calendar year, your funds will become null and void and will not be refundable.
Tour and Workshop Cancellation Clause
If circumstances arise due to a Tour or Workshop being unable to run, such as low enrollment, facilitator illness, COVID-19 health pandemic restrictions set by governing authorities, facilitator casualty, an act of God or any other cause beyond the Company'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 a small group workshop due to underbooking, a full refund will be provided. Refunds will occur 30 days before the scheduled workshop date. After that point, only severe and unforeseen circumstances will cancel the workshop.
Liability
The Company 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 upon receipt and before a Tour or Workshop.
Injury or accident impacting oneself, theft or damage to photographic or other equipment is not the Company's responsibility. Insurances protecting your body, travel and gear are highly recommended.
Participant Capacity Acknowledgment
By signing up for a Tour or Workshop, You agree that your physical and mental capabilities are up to the activities involved. You also agree to follow all required health and safety protocols set out by governing authorities.
Inclement Weather Note
Weather is always unpredictable and cannot be guaranteed. You agree to prepare for all conditions. Should the weather be severe, resulting in a safety issue, in the event of a Tour, the remaining hours may be rescheduled. In the event of a workshop, time indoors discussing post-processing will occur.
Ownership Of All Intellectual Property
All content included as part of a Tour or Workshop, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Tour or Workshop, 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 a Tour or Workshop are their respective owners' trademarks.
Your participation in a Tour or Workshop does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Tour or Workshop, 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 Tour or Workshop 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 Tour or Workshop.
The Company content is not for resale. Your participation in a Tour or Workshop 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 Tour and Workshop will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Confidentiality
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 a Tour or Workshop, 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 Tour or Workshop unless you receive express written permission from such other participants to share the information. Similarly, the content of the Tour and Workshop 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 Tour or Workshop with anyone other than the Company, its owners and employees, and other Tour or Workshop participants.
Social Media
Social media posts are important to the Company's marketing promotion. By participating in a Tour or Workshop, 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 not to participate in social media posts, please inform the Company in writing before the Tour or Workshop (email is sufficient).
Personal Responsibility
By participating in a Tour or Workshop, 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 Tour or Workshop or not. The Company provides educational and informational resources that are intended to help participants 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 Tour or Workshop 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 Tour or Workshop. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended in the Tour or Workshop.
Materials Provided By You
The Company does not claim ownership of the information or materials. You may provide during the Tour or Workshop (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.
No Warranties
The Company makes no warranties regarding the Tour or Workshop 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 Tour or Workshop. 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 Tour or Workshop and/or any information and resources contained through interaction with the Company. 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 Tour or Workshop.
The instruction, information, software, products, and service included or available through the Tour or Workshop may include inaccuracies or typographical errors. Changes are periodically added to the information in the Tour or Workshop. The Company and/or its suppliers may make improvements and/or changes in the Tour or Workshop 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 Tour or Workshop 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 Tour or Workshop, with the delay or inability to use the Tour or Workshop or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Tour or Workshop, or otherwise arising out of the use of the Tour or Workshop, 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 Tour or Workshop or any portion of it, your sole and exclusive remedy are to discontinue using the Tour or Workshop.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Tour or Workshop
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.
Indemnification
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 Tour or Workshop 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 Tour or Workshop and the related services or any portion thereof at any time, if You become disruptive to the Company or other Tour or Workshop participants, if You fail to follow the Tour or Workshop 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.
Entire Agreement
This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Tour or Workshop, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and the Company with respect to the Tour or Workshop. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated maintained in printed form.
Severability
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.
Waiver
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.
Force Majeure
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.
Effective Date
This Agreement shall commence and be enforceable with respect to each Tour or Workshop participant upon the date that the participant initially registers for the Tour or Workshop.
Contact Us
If you have any questions, concerns or complaints about this:
Private Custom Photography Tours, Captivated by the Rockies Small Group Workshop AND Online Workshop Session Terms and Conditions
please contact by email the Company at:
