Terms and Conditions & Liability Waiver
1. Instructional Tour Services. When you (the “Customer”) make a booking with Marc Adamus Photography (the “Company”) you undertake that you have the authority to accept and do accept these Terms and Conditions (the “Terms”) on behalf of yourself and your party. The Company shall provide Instructional Tour Services (the “Services”) as described on our website for each booking. These conditions in conjunction with the information set out on the Company’s website form the entire agreement between the Customer and the Company. The Company reserves the right to change these Terms without notice. The Company reserves the right to cancel, change or substitute the Services at any time, for any reason.
2. Deposit. The Customer shall be responsible for making an initial payment (the “Deposit”) at the time of booking the Services. The amount of the Deposit depends on the Services purchased.
3. Final Payment. The Customer shall be responsible for paying the remaining balance due for the booking (the “Final Payment”) by the date specified at the time the Deposit is made (the “Final Payment Date”). The entire amount due for the Services shall be paid in full by the Final Payment Date. The Customer acknowledges and agrees that bookings for the Services without Final Payment by the Final Payment Date will result in the automatic termination of the booking and forfeiture of the Deposit, without any further obligation on the part of the Company. Final Payments are not refundable and reflect the remaining balance for the booking.
5. Cancellation and Refunds.
a. There are no refunds of payment transaction fees.
b. There are no refunds once the Final Payment has been made.
c. There are no refunds for Services cancelled up to 4 months prior to the Trip Date. In the
sole discretion of the Company, the Customer may be permitted to transfer the Deposit to a future booking.
d. Services cancelled more than 4 months and up to 8 months prior to the Trip Date will be charged a 10% processing fee of the full booking price. In the alternative, the Customer may transfer the Deposit to a future booking or ask that the Deposit be held as a credit towards a future booking within 5 year of the Trip Date.
e. Services cancelled more than 8 months prior to the Trip Date will be entitled to a full refund. In the alternative, the Customer may transfer the Deposit to a future booking or ask that the Deposit be held as a credit towards a future booking within 5 years of the Trip Date.
f. Refunds will not be made for any unused portion of the Services.
g. In the event of a cancellation by the Company, the Customer may choose to either receive a full refund of the Deposit or use a credit for a future booking.
h. ‘Trip Date’ means the date and time the Customer the Services are scheduled to begin as outlined at the time of booking.
i. All cancellations must be made by the Customer in writing and sent to the Company at email@example.com
j. Once a cancellation has been confirmed by the Company, your booking will be deemed cancelled.
k. The Company recommends that the Customer purchase independent travel insurance.
6. Assumption of Risk. The Customer hereby understands and acknowledges that the Services take place at various public locations and that the Company is not responsible for the actions of third- parties which may involve the risk of serious injury, temporary or permanent disability, death, and/or property damage. The Customer hereby understands that the Company does not provide medical services, and further acknowledges that any injury sustained may be compounded by negligent or delayed medical service. THE CUSTOMER HEREBY AGREES TO VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
7. Medical Treatment Release. The Customer hereby authorizes the Company to secure, and consents to, any medical treatment that may be given to the Customer should the Company determine, in its sole discretion, that medical care is needed. The Customer agrees to accept full responsibility for all costs related to any medical treatment, including any transport costs, and hereby releases all parties involved from any type of liability for anything that may happen during said treatment or transport.
8. Responsibility for Personal Property. The Customer acknowledges and agrees to be fully and solely responsible for any personal property and personal belongings that the Customer brings to, or that uses, during the trip, and that the Company will not be responsible for or provide any security for the Customer’s personal property and personal belongings.
9. No Representations by Company. The Customer acknowledges that the Company makes no representation as to the condition or suitability of any location used for the Services or the safety of the location or any other equipment either at the location or used in the performance of the Services. The Customer accepts and shall use the location and any equipment, in its “AS IS” condition. The Customer acknowledges and agrees that they are not relying upon any representation or statement by the Company or the Company’s employees, agents, sponsors, or representatives regarding these Terms or the location or the Services, except to the extent such representations are expressly set forth in these Terms or the booking.
10. Disclaimer. The Company is not responsible for any incidental, consequential, indirect or special damages of any kind resulting from the Services. Except as stated, no express or implied warranties are given. THE SERVICES ARE PROVIDED "AS IS" AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. The Company’s liability for losses or damages, if any, are limited to the cost of the Services incurred by the Customer.
11. Indemnity. Customer will indemnify, defend and hold harmless the Company against any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees and costs, arising out of or related to Customer’s use of the Services.
12. Remedies. In the event of default of any obligations hereunder the Company can and will pursue all available legal remedies. These remedies include, without limitation, turning over your delinquent account to a collection agency and/or law firm for collection and reporting your delinquency to credit reporting bureaus such as Equifax, Experian, TransUnion and CBCInnovis. Further, in addition to any other amounts you may owe to the Company, you agree that the Company shall be entitled to fully recover from you any and all costs, expenses, and attorney’s fees it incurs in pursuing any of its remedies against you.
13. Entire Agreement. These Terms constitute the entire agreement between the Customer and the Company regarding each party’s rights and obligation relative to the purchase of the Services from the Company.
14. Assignment. These Terms and all of the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns, but neither these Terms nor any of the rights, interests or obligations hereunder shall be assigned by any of the parties hereto without the prior written consent of the other parties.
15. Choice of Law. All issues and questions concerning the construction, validity, enforcement and interpretation of these Terms shall be governed by, and construed in accordance with, the laws of the state of Oregon, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than Oregon.
16. Counterparts. These Terms may be executed in counterparts, each of which will be deemed to be an original, but all of which, taken together, will constitute one and the same agreement.
17. Electronic Signatures. Each party agrees that these Terms and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on these Terms, or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
18. Force Majeure. The Company will not be liable for failure or delay to perform any obligations which have become practicably impossible because of circumstances beyond the reasonable control of the Company. Such circumstances include without limitation natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war; government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines; national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise, beyond the Company’s reasonable control.
19. Headings. The headings contained in these Terms are for convenience of reference only, form no part of these Terms, and have no force or effect whatsoever.
20. Severability. If any provision of these Terms is found invalid, void or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
21. Waiver. No breach of any provision of these Terms shall have been waived except with the express written consent of the non-breaching party.
BY EXECUTION HEREOF, THE SIGNER CERTIFIES I HAVE READ THESE TERMS, THAT THE COMPANY OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH HEREIN AND THAT I AM DULY AUTHORIZED TO EXECUTE THIS AGREEMENT.