In these terms and conditions, “we” “us” and “our” refers to Phillip Norman Photography. “I”, “you” and “your” refers to the person attending the tour and as named and signed in Item 27 below. Your access to and use of all information on this website including purchase of our product(s) and/or services is provided subject to the following terms and conditions.
Product and Service Descriptions
1. We strive to ensure that our products and services are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
2. Images have been provided for illustrative purposes only and we do not guarantee that any image will reflect or portray the full design or options relating to that product or service.
Tour Dates, Payments, Cancellations and Refunds
3. The Tour description lists the full amount to be paid for The Tour, the deposit amount that is to be paid to secure your place on The Tour and the date by which the balance is to be paid.
4. If you cancel your enrollment in the tour, prior to the final payment date, you will be refunded your deposit. If you cancel after the final payment date you will be refunded all monies paid less a $250 administration fee. We will make reasonable efforts to fill your place on the tour and if in doing so the $250 admin fee will be waived. There will be no refunds of any kind for any cancellation made by you after the tour start date.
5. Each tour starts on the listed start date for Day 1, at a time and location as described in the Tour Information Pack which will be sent to you after your deposit has been received. If traveling internationally it is recommended you arrive the day before the tour start date. You are responsible for any additional expenses incurred prior to the first tour date.
6. Each tour ends the morning after the last date listed in the tour description. Due to the flexible nature of the itinerary and the fact that we try and make the most of the time available we cannot guarantee an exact end time for the last day of the tour. Accommodation for the night of the last day listed in the tour description is included in the fee. You are responsible for any additional expenses incurred after the last tour date.
7. We reserve the right to cancel the tour for any reason at any time. In the event of such a cancellation by us all monies paid will be refunded. We will not be liable for any other expenses incurred by you. You are expected to have sufficient insurance to cover all your costs subject to such a cancellation.
8. We reserve the right to decline to accept or retain any member of any trip should such person’s actions impede the operation of the trip or the rights or welfare or enjoyment of other members of the trip, and it is agreed that no refunds will be given in such circumstances.
Tour Itinerary and Images
9. The Tour itinerary listed on the web site or in any other material is indicative only. We do our best to get you to as many places listed as possible, and we may visit places not listed. The actual itinerary is variable and subject to daily review based on weather and any other reason we feel makes the most of local daily conditions and best suits the people of the group. We reserve the right to change the itinerary for any reason.
10. Itineraries are subject to change without prior notice due to weather and other environmental conditions, direct or indirect logistical arrangements, transportation plans, health conditions of participants and/or instructors, employees, or assigns, and/or any other factors.
11. Images used on the web site or in any other material advertising the tour are for reference purposes only and we do not guarantee you will be able to photograph similar images, or visit the exact same locations.
Park Officials, Group Management and Wilderness Safety
12. The tour may involve spending some time in remote wilderness areas. We will obey any area closures, “no access” signs, safety barriers, and all instructions by area management officials and you are expected to do the same. We are not liable for any fines you may incur or for any loss of attendance you may incur as a result of any instruction or removal by any park official.
13. You are responsible for your own safety at all times during the tour. At no time are you to leave the group without first indicating your intention to do so and your intended location to the tour leader.
14. We undertake to make all reasonable effort to obtain any necessary licenses or permits required for access to all areas listed in the tour description. We will not be held liable in any way for any disputes or instructions to leave any area by relevant area management officers, irrespective of whether or not the correct permits were or were not obtained.
15. Whether the workshop/tour you participate in is held on private, public, or government lands, you agree to abide by all rules, restrictions, and ordinances governing such lands and property. You also agree to respect the rights of other participants, instructors, and those providing services to or for you. Failure to comply with any governing rules or authority may result in the removal of the participant from a workshop/tour with no provisions for refund.
16. Every effort is made to ensure your safety. However, participants are responsible for their own safety and accident insurance. We do not accept responsibility for lost, stolen, or damaged property, or any personal injuries sustained throughout the workshop/tour.
17. You are required to obtain sufficient insurance to cover your expenses for any or all cancellations, whether made by us or you. You are also required to have sufficient medical insurance for the tour locations, including remote area evacuation.
18. We do our best to provide you with the best possible accommodation based on the tour budget. A list of accommodation will be sent to you once we have confirmed bookings. We reserve the right to change any or all accommodation subject to availability and tour group numbers, or any changes to the tour schedule either before or during the tour.
19. The tour price is based on twin share accommodation. Single accommodation will incur an additional expense as per the Single Supplement shown in the tour description, and is only applicable where available. For example when staying in remote regions in mountain huts there may be only basic dormitory style cabins available. In those cases the single supplement fee takes that into account already. There are no refunds for any situation where single supplement may not be available. Any requests by you for changes to the accommodation, or any upgrades will be at your own expense.
20. You consent that any and all photographs or video made of you or that include you or your property may be used by us and/or our assigns in promotional and/or advertising efforts. If you do not wish to be included in any such efforts you must say so in writing prior to the tour start date.
21. It is the responsibility of each participant to bring and provide his or her own equipment. Workshop/tour participants will be given a list of suggested items to bring, but it is a suggested list only and does not replace personal preferences/requirements.
Limit of Liability Release and Assumption of Risk Waiver
22. Phillip Norman Photography is not liable for any damages, losses, or expenses of whatever cause or nature, including those resulting directly or indirectly from acts of God, weather, quarantines, strikes, civil disturbance, theft or criminal activity of any kind, government regulations, or any other occurrences over which there is no control.
23. I understand that participating in this event is potentially hazardous, and that I should not enter and participate unless I am medically and physically able and properly trained. In consideration of the acceptance of this entry, I assume full and complete responsibility for any injury, accident or loss of property which may occur while I am travelling to or from the event, during the event, or while I am on the premises of the event. I am also aware of and assume all risks associated with participating in this event, including but not limited to falls, contact with other participants, effect of weather, traffic, and conditions of the road. I further understand that these outdoor courses present inherent risks of personal injury or sickness, such as falling, injury by falling rocks, getting lost, traveling in rough terrain, possible creek crossings, wild and stock animals, forces of nature such as lightning strikes, absence of prompt medical attention if needed, inadequately marked trails, hiking injuries, illness due to impure water or tainted food or drink, and travel by auto-mobile, helicopter or other conveyance.
24. I, for myself and my heirs and executors, hereby waive, release and forever discharge the event organisers, sponsors, promoters, Phillip Norman Photography and each of its agents, representatives, successors and assigns, and all other persons associated with the event, all liabilities, claims, actions, or damages that I may have against them arising out of or in any way connected with my participation in this event. I understand that this waiver includes any claims, whether caused by negligence, the action or inaction of any of the above parties, or otherwise.
25. The undersigned acknowledges that Phillip Norman Photography neither insures workshop/tour participants nor provides insurance covering any injury, health care problem, missed flights/transportation, property loss or other need during the workshop/tour. Insurance is the sole responsibility of the participant.
26. Phillip Norman Photography, its principals, employees, agents, heirs and assignees, shall not be liable for any injury, loss, or damage arising out of or in connection with participation in any workshop/tour, including, without limitation, injury to person/s or property, or consequential or incidental damages, whether caused by acts, errors or omissions of instructors or staff, tour guides, outfitters or other providers associated with the workshop/tour.
27. I, _______________________________________, have read the above paragraphs, and agree to hold Phillip Norman Photography harmless according to the above paragraphs, and I agree to be bound by the above terms and conditions. I understand that I will be required to sign this waiver of liability in the presence of a Phillip Norman Photography associate just prior to commencing the workshop/tour.