Eric Scott Photography will provide Photography Workshops by tour staff (or coordinated with third party providers) as outlined on this website as a sponsoring organization and has qualified professional guides, instructors and tour operators to organize and administer the workshop or tour . The designated tour operator(s), in turn, acts only as an agent for any transportation carrier, hotel, ground operator, or other suppliers of services connected with these tours ("other providers"), and the other providers are solely responsible and liable for providing their respective services. The passenger tickets in use by the carriers shall constitute the sole contract between the carriers and the passenger; the carriers are not responsible for any act, omission, or event during the time participants are not aboard their conveyances.
Eric Scott Photography and its designated tour operator and tour administrator shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against Eric Scott Photography and/or its designated tour operator and tour administrator for any such loss, damage, injury, or death.
By registering for a Eric Scott Photography Workshop or Art Tour, the participant certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for him/herself or other participants; and they are aware of any associated risks created by field locations, activities and weather; that they agree to follow the Tour Leader's and Administrator's directions, particularly in matters of personal and group safety, including but not limited to the importance of hydration, need for nutritious snacks, altitude sickness, exhaustion, leave no trace, sunscreen, bug dope, danger of overhangs, footing, vehicle safety, boat safety, hot air balloon safety, helicopter safety, ferry and boat safety, common-sense safety, respect for others, etc. Eric Scott Photography and its designated tour operator reserve the right in their sole discretion to accept, decline to accept, or remove any participant on a Eric Scott Photography Tour. Eric Scott Photography and the tour operator reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of participants.
Neither Eric Scott Photography , its designated tour operator, nor its tour administrator shall be liable for any air carrier's cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant's Eric Scott Photography Tour departure city. Baggage and personal effects are at all times the sole responsibility of the participant.
B. WORKSHOP / TOUR ITINERARY
Throughout this document, whenever the Workshop or Tour Itinerary is referred to, it refers to the particular tour you are purchasing as documented on the Itinerary page of the Eric Scott Photography ’ Website for the applicable workshop or tour.
C. TERMS AND CONDITIONS - FOTO ART WORKSHOPS ONLY
C.1. Eligibility. All Participants of Eric Scott Photography Art Workshops must be 21 years of age or older and demonstrate a pursuit of the photographic arts with a verifiable photographic portfolio in order to be accepted to attend the workshop. This will be verified within 1 week after registration / payment is paid. Anyone not accepted will receive a full refund. With our small and limited workshop size creating with professional glamour and art models, we want to ensure that all participants have the same goals to pursue the photographic arts and conduct themselves in a professional manner. Our goal is to maintain a fun, sharing community of like minded artists in small sized teams to ensure the intimacy of the creative experience, as well as for purposes of tour group management and safety.
C.2. Eric Scott Photography Art Workshops: General Payments, Cancellations and Refunds. To reserve space on a Eric Scott Photography Art Workshop, full payment is required to reserve a space in the workshop. Depending on a particular workshop's payment instructions, payment must be recieved no later than 90 days prior to the workshop start date. If registration is received, but the payment is either not made, or the form of payment is rejected by the participant’s credit card or financial institution, the reservation will not be secured until payment is received in our financial account. Reservations may be accepted up to 1 week days prior to workshop date.
CANCELLATIONS / REFUNDS . All Participants of Eric Scott Photography Art Workshops must demonstrate a pursuit of the photographic arts with a verifiable photographic portfolio in order to be accepted to attend the workshop. This will be verified from the online portfolio links provided at time of registration within 1 week after registration / payment is paid. Anyone not accepted will receive a full refund. If you cancel after making payment, there are no refunds for any reason. Leaving a workshop in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of a workshop. We reserve the right to cancel any Workshop because of inadequate enrollment that makes the workshop economically infeasible to operate or because of good-faith concerns with respect to the safety, health, or welfare of the participants. If a Workshop is canceled prior to the workshop start date, we will provide you with a full refund of monies paid; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the Workshop as planned, in which case we will provide you with a refund and/or credit toward a future Eric Scott Photography Tour or Workshop equivalent to monies paid. If we cancel the trip in progress, you will receive a prorated refund based on the number of days not completed on the Workshop. We will not be responsible for any refund for nonrefundable airline tickets or for any airline tickets purchased by the passenger directly from an airline or travel agent as part of you traveling to a Workshop. All refunds will be processed within 30 calendar days. We strongly suggest travel insurance to protect your investment.
C.3. Travel Insurance. Eric Scott Photography strongly recommends purchasing travel insurance that protects you and your investment in the event of a sudden emergency before or during your trip and coverage for trip cancellation or interruption, illness, injury, and damage, loss or theft of baggage, as well as emergency assistance. Eric Scott Photography does not offer travel insurance for purchase. We do not make any specific recommendations for one travel insurance provider over another. However, for your convenience, below are links several providers for your consideration and research.
C.4. Weather. We reserve the right to cancel, reschedule or re-route a Eric Scott Photography Tour up until last minute, due to inclement or unsafe weather conditions, safety or other uncontrollable circumstances. For planned photographic events on the tour, we will try to reschedule or adjust to a more accessible destination.
C.5. Models and Itineraries. The itineraries and models presented on this website are subject to modification and change by Eric Scott Photography or its designated tour operator. Every reasonable effort will be made to operate programs and provide the models as planned, but alterations may still occur after final itineraries are sent. If any of the original models designated for a tour becomes unavailable, the tour will provide replacement models of similar skill and quality to maintain a ratio of a minimum 2:1 photographer to model ratio. Eric Scott Photography makes every attempt to provide photographic opportunities during the best possible light, but this is often compromised by daily itineraries and travel schedules. Since the best light is just after sunrise and just before sunset when the sun is low, it is impossible to visit all locations during these limited hours. Eric Scott Photography will provide photographic guidance and model advice as requested by guests. However, the tour is not intended to be an educational workshop experience taught by instructors in a classroom setting or as on-site formal instruction. It is important that you arrive with a working knowledge of your cameras settings. However, don’t be afraid to ask questions and seek out your leader when you need help. Eric Scott Photography makes no guarantees that you will become a better photographer as a result of participating in our tours.
C.6. Accommodations. Eric Scott Photography reserves the right to change accommodations based on our final attendance count, pricing and other factors that might influence our decision. We typically stay in boutique hotels in the 3-star category. Not all destinations offer these types of properties. We look for unique hotels which offer cultural, historic and/or authentic features. Depending on the size of the group, smaller boutique hotels may have limited room inventory. In some countries or in remote locations, we may be limited to lodges, bed and breakfasts or branded chain hotels of lesser quality.
C.7. Health Requirements. You must be in good physical and mental health. You must be able to maintain the pace of the group throughout the tour. Any physical condition, diet, or treatment requiring special attention must be reported in writing when you register. Failure to participate in daily activities due to physical or mental health will not result in any refund. For special dietary requirements, we do our best to convey this information to restaurants and food establishments, but communication of these requirements to restaurants and food establishments is ultimately your responsibility.
C.8. Photography. We reserve the right to take photographs or videos during the operation of any tour or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation on a Eric Scott Photography Tour, the participant agrees to allow his/her likeness to be used by Eric Scott Photography , Eric Scott Photography -authorized third parties, and the Tour Operator without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify us in writing prior to departure of the trip. Copyright in all photographs, video, and related materials created by the participant ("tour Materials") shall belong to the participant upon creation. The participant grants to Eric Scott Photography a non-exclusive, worldwide, irrevocable license to use any tour Materials provided to Eric Scott Photography and/or the Tour Operator in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of Eric Scott Photography .
C.9. Force Majeure. Eric Scott Photography , its operators or administrators, will not be liable for any delay in, change to or cancellation of trips due to 'Force Majeure'. 'Force Majeure' means a circumstance beyond the reasonable control of Eric Scott Photography and includes, but is not limited to, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, disease, industrial or nuclear disaster, adverse weather conditions, fire and strikes.
C.10. Dispute Resolution. If the participant has a complaint, he/she should first inform the tour leader or tour operator while on the adventure so that the tour leader or tour operator can attempt to rectify the matter. If the participant is still dissatisfied, he/she should submit the complaint in writing to Eric Scott Photography within 30 days of the completion of the tour. Any controversy or claim arising out of or relating to this Agreement, website, brochures, or any other literature concerning this tour, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by New Jersey State law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in the state of New Jersey, county of Warren. under the supervision of a mutually agreed upon mediator; 3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in state of New Jersey, county of Warren. Using one arbitrator pursuant to the then existing rules of the American Arbitration Association; 4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published cost of the participant’s with Eric Scott Photography . This agreement to arbitrate does not waive or modify any liability release agreed by the participant.
C.11. Other. Other Terms and Conditions may apply to some tours and will be provided with pre-trip emails or mailings. By registering for a Eric Scott Photography Tour, the participant agrees to the Responsibility statement, the Tour Itinerary, and the Terms and Conditions herein.
Eric Scott Photography Foto Workshop T&C Version 1.0 20170905