Workshop Terms and Conditions
Terms and Conditions
This website and any mobile application (collectively, this “Site”) is owned by Erin Babnik Photography, LLC (“We”, “Us” or “Erin Babnik Photography, LLC”). We are providing you with access to this Site and our online store (together, our “Services”) subject to the Terms and Conditions, which you can be found at https://erinbabnik.com/terms-and-conditions/. We also organize photography workshops, individual or in a group format, private or publicly announced (together, our “Workshops”) subject to these Workshop Terms and Conditions, which can be found at https://erinbabnik.com/workshops-terms-and-conditions/. By browsing, accessing, using, registering for or purchasing merchandise, services and or workshops on this Site or otherwise using our Services, you are agreeing to all of the Terms and Conditions and Workshop Terms and Conditions, including any policies referred to herein (collectively, “Terms”).
So, please read the Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise or services from the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Payment and Refounds
A non-refundable deposit is required to reserve a space on any workshop. (For any payments made with the “Full Amount” option, the deposit amount of the total will be considered the non-refundable deposit portion).
The final balance is due and payable 45 days before the workshop begins. Full payment is due at this time, and there will be no refunds on the full amount owed if you cancel after final payment.
Payment can be made using the sign-up button of this web page using a credit card or via PayPal. If you would like to pay by another method, use the contact form on this page to ask Us about options for sending a personal check or bank transfer.
Because cancellations require us to re-open enrollment and/or to engage in additional promotional efforts to fill the workshop on short notice, our policy is that there will be no refunds of the deposit. The balance (minus the non-refundable deposit) is refundable up to the 45-day deadline. Thereafter, the balance is also non-refundable, with one exception: if we find participants to fill all canceled spaces and the workshop is ultimately full when it begins, then you will receive a refund of the balance within two weeks of the workshop’s conclusion. All refunds are subject to a 4% processing fee.
All participants are required to fill out, sign and send Us a standard workshop indemnity waiver, which can be found at https://erinbabnik.com/wp-content/uploads/2015/09/IndemnityWaiver.pdf.
Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement
In consideration of being given the opportunity to participate in Our Workshop, you for yourself, your personal representatives, assigns, heirs, and next of kin acknowledge, agree and represent that you understand the nature of Workshop activities, and that you are qualified, in good health, and in proper physical condition to participate in such Activity. Fully understand that: (a) Workshops are conducted in outdoor environments, and that accordingly you and your photography equipment may be exposed to dangers and hazards both natural and man-made; (b) Workshop activities involve risks and dangers of serious bodily injury (including permanent disability, paralysis and death), as well as risks and dangers to photography equipment; (c) these Risks and dangers may be caused by your own actions, or inactions, the actions or inactions of others participating in the Workshop, the condition in which the Workshop takes palace, or he negligence of the Releasees named below; (d) there may be other risks and social and economic losses either not known to you or not readily foreseeable at this time. You fully accept and assume all such risks and all responsibility for losses, costs, and damages you incur as a result of your participation in the Workshop.
You hereby release, discharge, and covenant not to sue Erin Babnik (d/b/a Erin Babnik Photography, LLC), their owners, directors, agents, officers, independent contractors, volunteers and employees, any sponsors, advertisers, and if applicable, owners and lessors of premises, on which the Workshop takes place (each considered one of the Releasees herein), and release and discharge the same Releasees from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise; and you further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, you, or anyone on your behalf, makes a claim against any of the Releasees, you will indemnify, save and hold harmless each of the Releasees, from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as a result of any such claim.
You have read this agreement, fully understand its terms, understand that you have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
Use of Name and Likeness
We reserve the right to take photographs or videos during the operation of any Workshop or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By signing up for a Workshop, the participant agrees to allow his/her likeness to be used by Us and our authorized third parties 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 beginning of the Workshop.
Copyright in all photographs, video, and related materials created by the participant (“Workshop Materials”) will belong to the participant upon creation. The participant grants to Us a non-exclusive, worldwide, irrevocable license to use any Workshop Materials provided to Us in any media for the following limited purposes: editorial use, promotion of this editorial use or promotion of Our Workshop programs.
Air transportation and related fees (except as indicated in the itinerary); activities noted as optional in the itinerary; passport, visa, and permit expenses; medical expenses and immunizations; baggage/accident/cancellation insurance; personal expenses, such as laundry, shower tokens, telephone calls, and alcoholic beverages; and any other items not specifically noted as included.
Itinerary Changes and Cancellations
Every reasonable effort will be made to operate Workshops as planned, but alterations may still occur after final itineraries are sent.
There may be reasons beyond our control that might create unsafe or undesirable travel conditions for the participants in which case we would need to cancel or change the Workshop. Such reasons could be, but are 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. In such circumstances, we will provide you with a full refund and we will make every effort to provide you with such refund within 60 days of the date of cancellation. However, the financial liability of Erin Babnik Photography, LLC shall be limited to the amount paid to Us for the Workshop only and shall not be extended to cover any other associated travel costs incurred (e.g. non-refundable air tickets, visa fees if applicable, clothing, equipment, miscellaneous transportation costs, medical expenses, travel insurance premiums, etc.).
Participants are responsible for obtaining any documents required for their participation in the Workshops such as a valid passport, all visas, vaccination certificates, and any other documents. Failure to obtain documents does not negate the terms and conditions, and any extra costs incurred for rerouting due to travel without the necessary documents will be the participant’s responsibility.
We highly recommend that you obtain travel/cancellation insurance for all Workshops. Such insurance often provides coverage for losses suffered in the event of trip cancellation and interruption, travel delay, loss of baggage and travel documents, baggage delay, medical emergencies and accidental death.