I. Definitions: This agreement is by and between Boundless Photo Safari, (“BPS”) and the Participating party, (“Participant” or "Registrant", named on the electronic registration). BPS's relationship with Participant is that of an independent contractor. The terms: "Safari", "Photo Tour", "Tour" and "Photo Safari" refers to the photography event, workshop, tour, seminar and/or instructional period described on the registration materials Participant has registered to attend. “Instructor” refers person or persons leading and teaching a Safari. “Material" refers to information or any other form of materials delivered by Instructor to Participant. Material(s) shall be the Instructor's interpretation, rather than a literal re-creation of any concepts provided to Participant by BPS or its representative.
II a. Health & Physical Condition: Photo Safaris are WALKING Safaris. Safaris may include walking as many as 6-10 miles per day. Although, there will be ample breaks during discussion and application periods throughout the Safari, it is the Participant’s responsibility to assess the appropriateness of the Safari 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. BPS cannot be responsible for Participants who, after beginning a Safari, find that they cannot participate in Safari activities. If BPS or its designees determine, at our sole discretion, that a Participant cannot complete the Safari, Instructor may ask that Participant withdraw or remove the Participant from the Safari at any time without refund. BPS and its designees reserve the right in our sole discretion to remove, accept or decline to accept any participant on a Photo Safari at anytime.
II b. Smoking, Alcohol & Personal Conduct: Smoking and possession of any illegal substances is strictly prohibited during a Safari. If at anytime a Participant engages in such activity or is in possession of illegal substances he/she may be asked to leave the Safari; no refund shall be offered. Arriving on a photo tour intoxicated or under the influence of drugs at any time is also grounds for immediate dismissal with no refund. Although alchohol will be available for purchase during various times of the Safari, BPS is not responsible for purchasing any alcohol for any participant and shall not be responsible for any incidents that may arise from participant's consumption of alchohol or other intoxicants. Participants must also conform to Western social standards & norms with regards to personal space and interaction with other participants.
III Payment, Cancellation, Refunds & Location Changes: To register for a Safari, Participant must make a $500USD deposit using the online registration/payment system at boundlessphotosafari.com (or internationalphotosafari.com) or over the phone. Your registration and payment is your commitment to attend the workshop. Final payment is due no later than 90 days prior to commencement of Safari. Your registration may be canceled if full payment is not received 90 days prior to commencement of Safari. Participant may cancel a Safari prior to its commencement and receive either full or a partial refund of fees and deposits based on the following schedule:
More than 120 days before commencement: Full refund or credit of registration fees paid, minus administration fee of 50% of deposit.
91-119 days before commencement: Full refund or credit of registration fees paid, minus $500 deposit.
45 - 90 days before commencement: 50% of all fees paid refunded (or $500, whichever is greater)
Less than 44 days before commencement: no fees refunded. There are NO EXCEPTIONS TO THIS POLICY, even for medical emergencies. All cancellation requests must made by phone or in writing and received by E-mail (if your email is not acknowledged by us within 48 hours we DID NOT receive your cancellation; we are not responsible for any emails lost in cyberspace or automatically deleted by anti-spam software).
a. We reserve the right to cancel any Photo Safari due to low registrations that make the workshop economically infeasible to operate or due to good faith concerns regarding the safety or welfare of participants. If BPS cancels a workshop prior to the start time, BPS will provide a full refund of registration fees paid directly to BPS.
b. BPS is not responsible for monies paid to a third party tour provider or registrations made via a website other than www.boundlessphotosafari.com (or internationalphotosafari.com). BPS is not responsible for any cancellation fees or other costs incurred by participant due to its cancellation. If BPS cancels a Photo Safari already in progress, you will receive a prorated refund based on the number of days not completed. Participants who register through a tour operator or third party website (eg. viator.com, expedia.com etc.) must obtain refunds from the respective website or tour operator which may have additional rules and policies. BPS is not responsible for monies paid to a third party tour provider or registrations made via a website other than www.boundlessphotosafari.com (or internationalphotosafari.com).
c. We will not be responsible for fees or costs incurred by participant due to or related to such cancellations (eg. airline or hotel reservations). We urge and encourage participants to purchase refundable airline tickets and trip cancellation insurance.
d. BPS 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 BPS’s discretion. Participants who decide to leave a Photo Safari already in progress, for any reason, will not receive either a full or partial refund. Joining a Photo Safari late will also not result in a full or partial refund.
e. BPS may change the location or itinerary of a safari (and may move outdoor safaris indoors or move indoor safaris outdoors) due to any conditions outside the control of BPS (including but not limited to weather conditions, transit strikes, protests, etc.). The itineraries and staff presented on this website or other third party websites are subject to modification and change by the BPS and/or its designees. Every reasonable effort will be made to operate itineraries as planned, but alterations may still occur after final itineraries are sent. Location changes do not alter the refund and reschedule policies above.
IV. Assumption of Risk: Photo Safaris, 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 Safaris. Each Participant assumes all associated risk inherent in a Safari 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. Participant agrees to WAIVE, DISCHARGE CLAIMS, AND RELEASE FROM LIABILITY BPS, its officers, directors, agents, and leaders from any and all liability on account of, or in any way resulting from injuries, even if caused by negligence of BPS its officers, directors, agents, and leaders, in any way connected with a Safari. Participant further agrees to HOLD HARMLESS the BPS, its officers, directors, agents, and leaders from any claims, damages, injuries or losses caused by Participant’s own negligence while a Participant on a Safari.
V. Instructor: BPS may substitute one Instructor for another to lead a Safari in the event of scheduling or of Instructor’s illness. In the event of such substitution, BPS warrants that the Instructor shall be a competent professional. No refunds shall be made for such substitutions.
VI. Miscellaneous: BPS makes every attempt to provide Participants with a safe and worth while experience. BPS, their employees, subcontractors and/or suppliers act only as agents for the Participant including but not limited to, photography, sightseeing, meals, transportation, instruction, lodging and all other services. BPS 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 Safari. BPS 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. BPS is not responsible for any other Participant preparation expense including non-refundable airline tickets or credit card fees.
VII. Arbitration: All disputes arising under this Agreement shall be submitted to binding arbitration before the parties agree to first try to resolve this dispute with the help of a mutually agreed upon mediator provided by Lawyers for the Creative Arts (New York, NY). Any fees will be the responsibility of the losing party. If it proves impossible to arrive at a mutually satisfactory solution, the parties agree to submit the dispute to binding arbitration in New York, NY, conducted on a confidential basis pursuant to commercial arbitration rules of the American Arbitration Association, or the rules of Lawyers for the Creative Arts (New York, NY). Any decision or award as a result of any such arbitration proceeding will include the assessment of cost, expenses and reasonable attorney’s fees and shall include a written determination of the arbitrators. Absent an agreement to the contrary, any such arbitration shall be conducted by an arbitrator experienced in visual arts law, provided by Lawyers for the Creative Arts (New York, NY). An award of arbitration shall be final and binding by the parties and may be confirmed in a court of competent jurisdiction. The prevailing party shall have the right to collect from the other party its reasonable costs and attorney’s fees incurred in enforcing this agreement.
VIII. Modifications Governing Laws and Miscellaneous: This Agreement sets forth the entire understanding and agreement between BPS and Participant regarding the Safari and may be modified without notice. This Agreement supersedes any and all other prior representations and agreements regarding a Safari and/or the Material(s), whether written or verbal. Neither BPS nor Participant shall be bound by any purchase order, term, condition, representation, warranty, or provision other than expressly stated in this Agreement. No waiver or modifications may be made to any term or condition contained in this Agreement unless in writing and signed by Instructor or BPS. Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement. Any objections to the terms of this Agreement must be made in writing and delivered to BPS by Participant or Participant's representative prior to commencement of a Safari, or this Agreement shall be binding. The formation, interpretation, and performance of this Agreement shall be governed by the laws of the state of BPS's principal place of business, excluding the conflict of laws and rules in the state of BPS’s principal place of business. All paragraph captions are for reference only, and shall not be considered in construing this Agreement. This Agreement shall be construed in accordance with its terms and shall not be construed more favorable for or more strongly against Instructor or Participant. This Agreement is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid, stricken by court or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable to the extent practicable.