1. Capture the Coast Seascape Workshops – Terms and Conditions
Our commitment to you. Your contract is with Luke Tscharke (ABN 98690701106) and Daniel Tran (ABN 46926160280), hereinafter also referred to as “we” or “us”. All workshops and/or tours you book with us are organised and sold subject to the following conditions:
1.1 Booking and Payment
- Registrations are on a first come, first served basis and are allocated and guaranteed only upon receipt of full payment.
- No refund will be provided should you cancel your position on the workshop.
- We reserve the right to alter or cancel any workshop at any time. For reasons including, but not limited to, too few participants, adverse weather, instructor illness, logistical problems such as strikes, wars, acts of God, or any other circumstances, which may make operation of the workshop inadvisable. If any workshop has to be cancelled by us then all fees are refunded in full or you may choose another date or workshop.
- We reserve the right to cancel any photo workshop with inadequate enrolment 3 days beforehand. In the event that a workshop has to be cancelled due to inadequate enrolment, all fees and deposits paid are refunded in full or transferred to another photo workshop.
- We reserve the right to cancel your booking should the room type you booked be unavailable or the trip becomes oversold. In this instance bookings will be accepted on a first-come first-served basis. We will make every effort to ensure you can be accommodated in another workshop. If another workshop does not suit you will receive a full refund.
- We are not responsible for any expenses or damages incurred by workshop members as a consequence of any cancellation, such as costs expended in preparing for the trip including non-refundable or penalty-carrying airline tickets, equipment, lost income, or any other trip-related losses or expenses.
1.3 Workshop Fees
- The workshop fees are quoted and charged in Australian dollars. The only payment method available is PayPal.
- The workshop cost includes the tuition fee, and venue fees. All other expenses are the responsibility of the participants. Not included are any airfares, airport taxes, transportation to and from the pick-up and drop-off points, pre and post workshop accommodation, entrance fees, meals or items of a personal nature, unless stated on the workshop description page. Price also excludes any insurance coverage for trip cancellation or interruption, travel accident, travel delay, baggage delay or baggage theft, medical or hospitalisation expenses (we recommend you obtain coverage for these items).
- Participants are responsible for making their way to the workshop start and finish points, and to the sunrise and sunset shoots.
- Where a workshop provides ground transport as part of the package, no discount will be given should the participant request to take their own transport unless a self drive discount is offered. Participants choose to drive themselves at their own risk.
- We strongly recommend that you purchase travel insurance, including coverage for personal health, emergency medical evacuation, emergency medical expenses, and trip cancellation, which would reimburse you for non-refundable airfare and trip cancellation fees.
- We cannot accept liability for insurance costs, loss of deposits, airline cancellations or delays or penalties incurred by the purchase of non-refundable airline tickets or other expenses incurred by participants in preparing for this workshop. We cannot accept liability for any insurance costs if a workshop is cancelled.
1.5 Limitation of Liability
Payment of your booking fee represents your acceptance of all terms and conditions outlined anywhere on our website.
- We aim to provide every participant with a safe, educational and enjoyable experience during the workshops. As there is always certain risks and dangers associated with photography, the outdoors and travel, we accept no responsibility or liability for injury, death, illness, accident, losses or additional expenses associated with workshop participation. Nor do we accept responsibility for damage to equipment, property or digital data loss.
- Every participant must assess their own suitability, in terms of fitness and stamina, for the workshop that they join. Medical, equipment and travel insurance is your own responsibility.
- You must notify us of any medical condition that we should know about. We assume no liability regarding provision of medical care. All information is completely confidential.
- We shall have no liability for any damages, losses, or expenses of whatever cause or nature, including those resulting directly or indirectly from acts of God, detention, annoyance, weather, quarantines, strikes, civil disturbance, theft or criminal activity of any kind, government regulations, etc., over which we have no control. We shall have no responsibility for additional expenses due to unforeseen delays caused by weather, theft or criminal activity of any kind, political disputes, acts of terrorism, strikes, sickness, failure of flights or other transportation to arrive or depart on time, and other causes beyond our control.
- We are not responsible for additional accommodation not specified in the workshop itineraries which may be required en route, prior to or following a trip, caused by airline scheduling or schedule changes, or by individual clients’ travel arrangements or by other factors. We cannot assume any responsibility for loss or damage to baggage or personal property.
- In no event shall we have any liability for incidental or consequential damages, however characterised.
- We reserve the right to substitute hotels, venues and facilities, and to alter the itinerary when deemed necessary or advisable.
- We are not responsible for additional expenses incurred by trip members in preparing for the trip (i.e. non-refundable advance-purchase air tickets, equipment, etc.)
- We reserve the right to take photographic or video records of any workshop, and may use any such records for promotional and/or commercial purposes.
- You will be required to sign a waiver form prior to the commencement of the workshop. If this waiver form is not signed your participation in the workshop will be disallowed.
1.6 Client Responsibility
- It is a fundamental booking condition that you accept the hazards involved with outdoor travel and photography. You must acknowledge that delays and alterations and their results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise.
- You must have a level of fitness commensurate with your chosen workshop and you are responsible for bringing the appropriate equipment.
- In the event of medical emergency and/or repatriation from a workshop by whatever means, the responsibility of such costs will be borne by the client. It is therefore essential that adequate cover is in place. We strongly recommend that you take out an insurance policy at the same time as booking.
- Every participant voluntarily assumes all risks and will hold us, the workshop leader, any co-leader or assistants, harmless from any and all liability, actions, causes of action, claims, debts, and demands which arise in connection with the workshop. The terms hereof shall serve as a release and assumption of risk for your heirs, administrators, and executors, and for all members of my family, including any minors accompanying you.
- We reserve the right to decline to accept or retain any member of any trip should such person’s actions impede the operation of the trip or the rights or welfare or enjoyment of other members of the trip, and it is agreed that no refunds will be given in such circumstances.
- All workshop schedules and plans are tentative and made in the interest of exciting photographic opportunities. We reserve the right to change, at our exclusive discretion, schedules, plans and itineraries, depending on weather, health or safety considerations, or any other factors related or not related to the photographic opportunities, as we see them fit into the workshop.
- While significant efforts will be made to provide the workshop in a truthful manner, all participants acknowledge that landscape photography is subject to many variables including but not limited to environmental conditions that cannot be guaranteed.
- By submitting the booking form and/or registering for a workshop you are agreeing to all the terms and conditions listed above. The person who submits the booking form does so on behalf of all the individuals included on it, so that all are bound by the booking terms and conditions.
1.9 Contact Us
This website and all information contained on this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of any works without prior written consent by Capture the Coast Seascape Workshops, except that you are granted non-exclusive, non-transferable, limited permission to access and display the web pages within this site, solely on your computer and for your personal, non-commercial perusal. This permission is conditional upon you refraining from modifying the content displayed on this site.
Except for the limited permission in the preceding paragraph, Capture the Coast Seascape Workshops does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights in respect of any material contained on this site. You may not copy any of the content from this site on another website or in any other media.
2.1 Certain disclaimers
Capture the Coast Seascape Workshops does not guarantee that the information on this website is correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Capture the Coast Seascape Workshops assumes no responsibility for updating this site to keep information current or to ensure the accuracy or completeness of any information contained on this website. Therefore, you should confirm the accuracy of all information contained on this site before making any decision related to any services or other matters described in this site.
2.2 Disclaimer of Warranty
You use this website at your sole risk. Any materials, information and services are provided with no warranties or guarantees. Capture the Coast Seascape Workshops expressly, and to the extent permitted by law, makes no express, implied, statutory or other warranties, guarantees, or representations in respect of this website. Without limitation, Capture the Coast Seascape Workshops makes no warranty or guarantee that this website will be uninterrupted, timely, secure or error-free.
2.3 Limitation of liability
In no event will Capture the Coast Seascape Workshops be liable to any party for any damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or reference linked to, referenced or accessed through this website, or for the use or downloading of, or access to, any materials. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort or any other cause of action.