I. Definitions: This agreement is by and between nycphotowalk.com and the Participating party, (“Participant” named on the registration). nycphotowalk.com relationship with Participant is that of an independent contractor. The terms: “Photo Tour”, “Tour” and “Photo Walk” refers to the photography event, workshop described on the services Participant has booked to attend. “Guide” refers person or persons leading and teaching the photo walk.
II a. Health & Physical Condition: Photo tours are WALKING tours. The tours may include walking as many as 3 miles throughout the tour. Although, there will be some breaks during discussion and application periods throughout the the photo walk, it is the Participant’s responsibility to assess the appropriateness of the walk activities with regard to Participant’s own physical and mental abilities. Each Participant guarantees that they do not have any physical, mental or other condition that would endanger themselves or another Participant. nycphotowalk.com cannot be responsible for Participants who, after beginning a photo walk find that they cannot participate in tour activities. If nycphotowalk.com determine that a Participant cannot complete the tour, the guide may ask that Participant withdraw or remove the Participant from the photo walk at any time without refund.
II b. Smoking & Alcohol: Smoking, consumption of alcohol or other intoxicants during a photo walk is strictly prohibited. If at anytime a Participant engages in such activity he/she may be asked to leave the photo walk; no refund shall be offered. Arriving at a photo tour intoxicated is also grounds for immediate dismissal with no refund.
III. Payment, Cancellation and Location Changes: To register for a tour Participant must make full payment Your registration and payment is your commitment to attend the tour. Participant may cancel a tour up to 48 hours prior to its commencement and receive a full refund or credit towards a future tour. If Participant cancels less than 48 hours prior to the start of their photo walk, Participant shall be offered a refund or credit, minus a 25% administrative fee of the current retail value of the price paid per participant. If Participant fails to cancel or reschedule prior to the commencement of scheduled tour and does not attend the tour, Participant is considered a “no show” and is not entitled to any refund or credit towards future tours. If Participant is “no show” (i.e. Participant does not contact nycphotowalk.com prior to the start of photo walk and does not attend) Participant is not entitled to a refund; Participant may however reschedule by paying a $50 extension fee if Participant contacts nycphotowalk.com within 48 hours after the end of the scheduled photo walk.
i. nycphotowalk.com is not responsible for Participant “no show” due to acts of God, transit delays, medical emergency, etc. Exceptions may be made on a case-by-case basis at nycphotowalk.com discretion. Participants who decide to leave a photo walk already in progress, for any reason, will not result in a full or partial refund. Joining a photo walk late will also not result in a full or partial refund.
ii. If a photo walk is canceled by nycphotowalk.com for any reason other than weather, Participant shall be entitled to a full refund or a full credit towards another tour. Photo walks are “rain or shine” and every effort will be made to conduct a scheduled tour. If nycphotowalk.com cancels, changes a location or itinerary of any photo walk, nycphotowalk.com is not responsible for any cancellation fees or other costs incurred by participant. If nycphotowalk.com shortens a photo walk already in progress, you will receive a prorated refund based on the number of hours not completed. We will not be responsible fees or costs incurred by participant due to or related to such changes.
IV. Assumption of Risk: Photo walks like most things worth doing, may involve some risk. Risks include, but are not limited to forces of nature, strikes, civil unrest, itinerary changes, negligent behavior of fellow Participants, mechanical failures, accidents, acts of God and health risks. Medical services and/or facilities including emergency health care, or medication may not be available during some photo walks. Each Participant assumes all associated risk inherent in a tour as indicated and is personally responsible for the consequences. In the event the Participant is a minor, the accompanying parent assumes responsibility of the minor’s health and well being.
V. Miscellaneous: nycphotowalk.com makes every attempt to provide Participants with a safe and worth while experience. nycphotowalk.com acts only as agent for the Participant including but not limited to, photography, sightseeing, meals, transportation, instruction, lodging and all other services. nycphotowalk.com is not responsible for injury, theft, loss, accident or delay which may occur by defect or default or any other cause through the acts of any company or individual conveying the Participant or carrying out any aspect of a photo walk. nycphotowalk.com does not accept responsibility for losses or expenses due to, but not limited to, acts of God, weather, strike, war, civil disturbance, terrorism or quarantine. All such losses or expenses are the responsibility of the Participant. nycphotowalk.com is not responsible for any other Participant preparation expense including non-refundable airline tickets or credit card fees.