Terms and Conditions for Langell Photography, LLC On-Site Events, Tours and Workshops
We are pleased you’ve decided to join Langell Photography, LLC (“Langell Photography”) for one of our fun and informative photography workshops and/or tours (the “Workshop”). You’ll find specific details about what to expect from your chosen workshop in the course description section of our website.
To participate in the Workshop, you’ll need to carefully review and accept the terms set forth within the following Assumption of Risk, Waiver, and Release before being able to register and reserve your place.
ASSUMPTION OF RISK, WAIVER, AND RELEASE
In consideration of being allowed to participate in the Workshop, I agree on behalf of myself and my spouse, if any, and our heirs, successors, and assigns:
I acknowledge and agree that my purely voluntary participation in the Langell Photography Workshop and all activities associated with the Workshop present certain risks, whether the Workshop is conducted indoors, outdoors or a combination of both. Risks and dangers exist while traveling in the United States, foreign countries, and wilderness areas in any country or territory that include the possibility of property damage, bodily injury and death. There is a possibility of accident or illness occurring, including but not limited to COVID-19, without access to immediate or timely medical treatment or facilities. There is a risk of tropical or communicable diseases, food-related illnesses, the potential for personal injury and property damage or delay by forces of nature, wildlife, quarantine, political instability, terrorism, labor strikes, government restrictions or regulations change, thefts, pilferage and accidents during travel while on foot or by aircraft, train, automobile, van, bus, boat, ship or other conveyance. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of this trip or tour.
I further understand and acknowledge that these risks cannot be fully described, anticipated or eliminated. By registering to attend and participate in any Workshop, I understand and acknowledge that I am in a physical and mental health condition in which I am able to participate in the Workshop without endangering myself or other Workshop participants. I acknowledge that it is my sole responsibility to decline, decrease, or cease participation in the event of illness, injury or other medical condition. I understand that Langell Photography may reduce or stop my participation, in its sole discretion, in the best interest of safety or to aid in the well-being of other participants. Langell Photography may require further assessment and medical clearance from a physician prior to participation in the Program.
I further understand and acknowledge that the Workshop is not purporting to have the skill or expertise to handle any risks that may occur during the Workshop or traveling to and from the Workshop and that there may not be any access to prompt medical care or attention. I understand that medical care facilities may not be immediately available and I accept the increased risk that may pose in the event of injury. Should any injury, accident, illness or other incident occur that requires that I be transported or otherwise evacuated from the Workshop, I understand and agree that I will bear the full costs that result from any such transportation or evacuation.
In consideration of, and as part payment for the right to participate in such trips, tours and/or other activities and services arranged for me by Langell Photography, its members, employees, agents, contractors, and associates, I have and do hereby assume all risks and accept personal and financial responsibility for all damages for personal injury, partial or permanent disability, property damage, or death, to the fullest extent allowed by the law, and hereby release Langell Photography, its employees, members, agents, contractors, and associates, and will hold them harmless from any and all liability, actions, causes of actions, debts, claims, and demands of every kind and nature, howsoever caused, against Langell Photography which I now have or which may arise of or in connection with any of my trips or tours and participation in any activities arranged for me by Langell Photography, its employees, agents, contractors, and associates. This waiver and release is intended to release Langell Photography from negligence to the fullest extent permitted by law. I agree that I, my children, my parents, my heirs, assigns, personal representatives, guardians, and estate will not make a claim against, sue, attach the property of, or prosecute Langell Photography for any personal injury or property damage resulting from negligence or other acts, how so ever caused as a result of my participation in a Workshop. I therefore covenant and agree not to initiate a lawsuit against Langell Photography.
I acknowledge that certain transportation services, guide services, accommodations, vehicle hire firms, outfitters, or other service providers used by Langell Photography in the course of our workshops and expeditions require clients agree to standard operating terms which limit their liability. When such services not owned or affiliated with Langell Photography are used as part of a Langell Photography workshop or expedition travel package, I am bound by that service provider’s standard terms and conditions with respect to my legal relationship to the owners and operators of the service, their agents and the service provider’s staff.
I acknowledge that Langell Photography does not maintain control over the personnel, equipment, or operations of these suppliers, and I release Langell Photography so that it cannot be held liable for, among other things, any personal injury, death, property damage, or other loss, accident, delay, inconvenience, irregularity of (1) wrongful, negligent, willful, or unauthorized acts or omissions on the part of any of the suppliers, or other employees or agents, (2) any defect in or failure of any vehicle, equipment, instrument owned, operated, or otherwise by any of these suppliers, or (3) any wrongdoing, willful, or negligent act or omissions on any part of any other party. This includes cancellations of transportation, including flights, and hotels.
I acknowledge that Langell Photography does not provide any medical and/or liability insurance for participants of the Workshop, and that participants are responsible for arranging their own coverage of medical care and emergency evacuation insurance while traveling as part of a Langell Photography program.
By registering for a Langell Photography Workshop, I warrant that I have confirmed that I have coverage for the costs of any treatments deemed medically necessary during my travel, including emergency evacuation if required, or that I will arrange for supplementary coverage prior to the start date of the workshop or expedition for which I am enrolled. Under no circumstances will Langell Photography or our insurers be responsible for the cost of medical treatment, emergency evacuation, or other complications due to medical emergency.
In the event that I am incapacitated and unable to make decisions regarding my own medical care during a Langell Photography workshop or expedition, I authorize Langell Photography staff and contractors to seek medical attention on my behalf and to reach the emergency contact provided by me.
Due to the nature of the business in which many paid costs are immediately sent to third-parties in order to obtain items and services necessary for the Workshop, Langell Photography has a strict no-refund policy. I understand that Langell Photography has a no-refund policy and that Langell Photography reserves the right to cancel or change any Workshop or Workshop activities without prior notice, and reserves the right to cancel the registration of any participant, including myself. I understand that the date of my workshop may need to be changed based on a multitude of factors, such as natural conditions, weather patterns, government relations, travel restrictions, and more.
I acknowledge that no refund will be given if the date of the workshop changes. I further understand that there are no refunds for Workshops and Workshop activities that are changed, such as group leaders and assistants. Additionally, because Workshops may be cancelled or the dates of Workshops may be changed, I agree to not hold Langell Photography responsible for any purchases I make, including but not limited to purchases such as for travel, flight, rental cars, and hotels, based on the timeline of my Workshop. I understand that Travel Insurance is strongly recommended for any event and that it is my responsibility to purchase sufficient travel insurance for this event. I understand that if I do not purchase travel insurance, I assume all risks.
Non-payment, cancelations and reselling your reservation:
Non-payment of installments: I understand that if I do not make my deposit and scheduled installment payments by each due date, this could result in the permanent cancelation of my reservation. I understand I am responsible for providing a current and valid credit card for these transactions and that if a transaction is declined or not completed for any reason, I am responsible for providing Langell Photography, LLC an alternate means of payment within 10 days of the payment due date or my reservation may be canceled. If canceled, I understand my deposit and any additional funds paid are non-refundable and my reservation may be resold per the terms below.
Cancelation: Langell Photography, LLC understands that unexpected situations arise. These may result in your inability to join us on any or all portions of the event and thus necessitate the cancelation of your reservation. We will definitely miss you and realize this is likely a difficult decision for you. You may choose among these options:
1. Protect your investment of this event by purchasing travel insurance and completing a claim. We will help you with the paperwork needed to submit the claim. Please contact firstname.lastname@example.org to request the necessary paperwork specified by your insurance company.
2. You may choose to self-insure your reservation (i.e., absorb any financial loss) and NOT purchase travel insurance for this event. You understand there is no refund provided.
3. In lieu of submitting a claim to your travel insurance, you may request that Langell Photography attempts to resell your reservation for the specified event. Langell Photography will market the seat to the waitlist for this event in hopes of obtaining a buyer. You realize there are no guarantees that your reservation (and any add-on options, items, excursions, services, etc.) will be resold and that you may or may not receive any full or partial refund of what you have paid to date. You give Langell Photography permission to negotiate the resale of your reservation on your behalf.
You understand you cannot choose this option while also submitting a claim to your travel insurance for this event as this may constitute insurance fraud. Langell Photography, LLC. will attempt to resell your seat whenever it is realistically feasible to do so. You understand that a full price may not always be possible due to various circumstances, including, but not limited to, proximity of the cancellation notification date to the event start date, current economics, demand, time constraints for Langell Photography to effectively re-market your cancelled reservation, unrecoverable charges incurred as a result of your cancellation, and more. These and other circumstances may dictate the possibility and price at which your seat can be re-sold using reasonable efforts. If the seat is re-sold, you will receive a refund of your total payments made to Langell Photography for the event specified above, to date, based upon the negotiated selling price and completed transaction* with the new buyer, minus any fees** and minus any unrecoverable losses as the result of the cancellation.
* A completed transaction means the qualified buyer in the resale has been extended the opportunity to register, has agreed to all terms, and has paid all fees negotiated by Langell Photography in full. If the seat cannot be re-sold via reasonable efforts, no refund will be provided.
** Fees: Langell Photography, LLC will deduct a US$350 fee per reservation to cover expenses (software fees, labor, etc.) incurred in the process of obtaining a buyer and negotiating the sale. In very rare circumstances, US$350 may not cover all costs incurred to resell your seat. In those cases, Langell Photography, LLC reserves the right to increase this fee on a per-case basis and/or deduct any other non-recoverable losses we may incur as the result of your cancelation. You will be notified of the amount if an increase is necessary and the reason for the increase.
4. You may choose to transfer your registration to a friend. You understand there is an administration fee of US$250 to do so plus any unrecoverable losses as the result of your transfer (Example: Hotel reservations or airline tickets with your name on them that cannot be transferred) and no refund will be issued. Any funds you have paid toward this event will be allocated toward the person you provide to us to which the transfer will take place, so long as he/she meets all requirements for participating. He/she becomes responsible for paying any balance due and accepting all terms and conditions. Langell Photography is not responsible for any direct or indirect expenses or losses either party incurs as a result of the transfer of your reservation.
If we cannot resell your reservation for any reason, or you do not provide us with a friend to which we can transfer the reservation, all funds paid remain non-refundable.
Copyright and Authorization of Use.
Langell Photography has the exclusive copyright of any materials provided during any workshop and may not be used or reproduced without the express, written authorization of Langell Photography.
In addition, I grant Langell Photography and any related entities the unlimited, absolute, and irrevocable right to publish, use, reuse, republish, and/or reproduce videos or photographs or likenesses of me and my voice and to publish my name for any reason whatsoever, including but not limited to, the internal or external promotional and informational activities of Langell Photography, in any and all media including, without limitation, cable and broadcast television, print media, and the Internet or social media, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, training videos, educational conferences and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised. I also agree to allow my work and/or photograph to be published on Langell Photography’s web site/Intranet Web pages or publications.
I further grant Langell Photography the unlimited, absolute, and irrevocable right to copyright any photographs/images or videos taken of me or where I am included in a group and any publications, internal or external that use my photograph/image, likeness, or voice. I understand I retain all rights to the images I capture during the event unless I provide them to Langell Photography for use under separate agreed-upon terms.
I further understand that I will not receive or claim any compensation. I understand and agree that my participation in any publication, video, website, social media, etc. produced by Langell Photography confers upon me no right of ownership. I hereby unconditionally and forever release Langell Photography, its employees, officers, directors, agents, licensees, and assigns from any demands, claims, or liability whatsoever arising out of or in connection with the use of photographs or videos of me or use of my likeness. This consent and release shall also inure to the benefit of legal representatives, licensees, and assigns of Langell Photography, as well as to the person(s) by whom photographs are taken, printed, or published. This permission shall continue forever.
Behavior & Conduct Agreement: Langell Photography, LLC
I agree that I will comply with Langell Photography’s rules, standards, and instructions, including the Behavior & Conduct Policy, which I have reviewed via the website linked in this document and is incorporated herein. I agree that Langell Photography has the right, in its sole discretion, to enforce the standards of conduct described above, and that it may impose sanctions, up to an including expulsion from the Workshop, for violating these standards or for any behavior detrimental to or incompatible with Langell Photography Workshop. I understand that Langell Photography, LLC has the right to make changes to the format and administration of the rules, standards, and instructions, including the Behavior & Conduct Policy, and that no refund will be provided if removed from a Workshop.
To the extent permitted by law, I hereby agree to indemnify and hold harmless Langell Photography on from any and all liabilities or claims made by other individuals or entities as a result of my actions or any failure of any equipment I use, or while I am engaged in any activity, including physical activities, with Langell Photography, including any litigation, expenses, attorneys’ fees, lawsuits, liability, damage, or cost which may occur as a result of any such claims. Should Langell Photography be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless from all such fees and costs.
This document shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this document.
This document shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of Arizona, without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Arizona. In the event a dispute shall arise between the parties to this Agreement, any action or proceeding concerning this Agreement shall be commenced in Maricopa County, Arizona, and the parties irrevocably consent to personal jurisdiction and venue in Maricopa County, Arizona. The parties agree that if any party resorts to legal action to enforce its rights under this Agreement, the losing party shall be liable for reasonable attorneys’ fees and costs incurred by the other party.
After registering, I agree that I will review and complete an Assumption of Risk, Waiver, and Release, which is in substantially similar form to this Agreement.
If any of the above clauses are deemed by a competent court of law to be invalid, the other enforceable provisions shall be considered to be severable, and the remainder of the Agreement shall continue in full force and effect and the remainder of the Agreement shall continue in full force and effect.
This document constitutes the entire agreement between the parties relating to my voluntary participation in a Langell Photography Workshop, and it cannot be changed or modified, except in writing. I acknowledge and represent that I am agreeing to the contents of this document based on my own judgment and no statement made Langell Photography has in any way coerced or unduly influenced me to sign this document, and I have had the opportunity to consult with legal counsel if I desired to do so.
I acknowledge that if anyone, including myself, is hurt or property is damaged during my participation in activities at or hosted by Langell Photography, I may be found by a court of law to have waived my right to maintain a lawsuit against Langell Photography, on the basis of any claim from which I have released them herein. It is my intention to exempt and relieve Langell Photography and associated parties from liability for personal injury, property damage, or wrongful death. I have carefully read all pages of this agreement and fully understand its contents. I am entering this agreement based on my own free will.
By registering, I hereby warrant that I am an adult, age eighteen years or older, and have read this Assumption of Risk, Waiver, and Release in its entirety, fully understand its contents and agree to its terms. I am aware this Assumption of Risk, Waiver, and Release releases Langell Photography from liability and contains an acknowledgment of my voluntary and knowing assumption of the risk of injury or illness. I further acknowledge that nothing in this Assumption of Risk, Waiver, and Release constitutes a guarantee that the Workshop will occur, that specific conditions or subjects will be seen, or that specific skills will be learned.