More Than A Photo Tour... We Are A Learning Adventure.
Workshop Agreement
At James Neihouse Photography Workshops (JNPW) it is our goal to ensure that every client has a positive and successful learning experience.
By enrolling in a James Neihouse Photography Workshop each participant hereby agrees to the following terms and conditions.
Liability
By attending one of our Workshops you are accepting certain risks. Your application shall serve as a release of our liability and a complete assumption of all risks by you and your heirs, administrator, executor, successors, and assign for all family members. By accepting our terms of service, you are acknowledging that you are aware that travel, wherever it may be, and by whatever means, involves some inherent risk of injury, illness, death, loss, or damage to personal property, which may be caused by acts of nature, negligence or actions of others.
In consideration of, and as part of the payment for your participation in a program, workshop, excursion, expeditions, other activities, or any program that James Neihouse Photography Workshops, or their assigns, may be conducting, you are voluntarily releasing James Neihouse Photography Workshops, their employees, assigns, independent contractors or anyone involved thereof, from any damages, liabilities, costs, injuries whether mental or physical, known or unknown, and by participation, you agree to assume all risks whether known or unknown. You acknowledge voluntarily that by traveling to areas that may be remote, foreign, mountainous, wilderness, wild rivers, remote deserts, and may not be maintained to the standards you are accustomed and therefore may involve certain additional risks, dangers, and inconveniences including, but not limited to, terrorism, forces of nature, wild animals, hotel accommodations, airplane, vehicles, trains, boats, roads, walkways, trails, and other means of conveyance or other unknown risks. You acknowledge that medical services and facilities may not be readily available during all or part of the trip, including medical care, the presence of physicians, and medication. We assume no liability for medical care. We assume no liability for dietary requirements you have.
Unless accompanied by a parent or legal guardian (and with our approval), you must be at least 21 to attend one of our workshops. Your application signifies your full understanding and agreement that you release and hold harmless James Neihouse Photography Workshops, its officers, agents, sponsors, associates, sub-contractors, from any and all liability, actions, causes of actions, claims, debts, and demands of every kind whatsoever, known or unknown which may arise in connection with your participation in any activities arranged by them without limitation, all liability, actions, causes of action, claims, debts, and demands related to the negligence of said persons.
You also acknowledge that you understand that travel with a group invariably involves compromise to accommodate the diverse desires, travel goals, personalities, and physical abilities of group members. You also understand that while itineraries are carefully planned, they are not a guaranteed schedule of activities, events, or participation, but only a guideline and example. Group participants must allow for flexibility and changes deemed necessary by the program leader or professional guides. There may be situations beyond our control due to geographic, climatic, physical, or governmental restrictions that will cause further changes in timing, locations, and activities. Understanding this, you further agree that there will be no discounts or refunds for activities curtailed or otherwise affected by such circumstances.
You will be responsible for studying all pre-trip information; for bringing all equipment, personal items, and appropriate clothing; for conforming to standards of dress and hygiene; and for acting in a manner considerate of fellow participants, locations and environments, models, and locations. For lodging, if you choose double occupancy lodging and we cannot match you with a roommate, we may charge you the single supplement charge for that workshop, which is listed on the workshop information page. We reserve the right to cancel any activity and to accept or reject any person as a member of any activity. The program, workshop, expedition, excursion, or trip leader’s judgment shall provide the ultimate determination of an individual’s ability to participate in, or continue to participate in, any activity or program.
You may receive promotional items from us, such as articles of clothing, or photo accessories. There is no requirement to use these items, and you are solely responsible for their use and anything that may happen to you or your property while using these items.
Health and Fitness
You have assumed the responsibility to select an activity appropriate to your physical abilities and interests. You are personally responsible for being in sufficiently good health to undertake the activity. By accepting our terms of service, and by your deposit, you certify that you do not knowingly have any physical or other considerations of disability that would create a risk for you or other participants. Also, you authorize James Neihouse Photography Workshops and/or its trip leader, to initiate and offer medical care in the event of a medical emergency. We reserve the right to request a doctor’s statement of good health. If, after reasonable accommodations of your physical abilities have been made, it is determined by the trip leader that your continued participation in the workshop would negatively affect the rest of the group’s activities, you can be removed from the workshop. Any expenses associated with you leaving the workshop are yours and yours alone. We also reserve the right to determine your fitness for a trip based on new information you provide to use before a trip.
Arbitration
You agree to have any dispute, controversy, or claim arising out of or relating to your participation, or attendance in James Neihouse Photography Workshops including the formation, interpretation, breach, or termination thereof, shall be resolved by arbitration in accordance with the rules of the American Arbitration Association (AAA), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the State of Florida, City of Rockledge, County of Brevard, in accordance with the laws of the State of Florida.
The arbitration shall be conducted by a single arbitrator, mutually agreed upon by the parties, or in the absence of such agreement, appointed by the AAA. The arbitrator shall have expertise in photography and be familiar with the industry standards.
Each party shall bear its own costs, including legal fees and expenses, associated with the arbitration. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs incurred in connection with the arbitration.
The arbitration proceedings and award shall be kept confidential, except as may be necessary to enforce the award in a court of law. The parties agree that any arbitration award may be enforced in any court of competent jurisdiction.
This arbitration clause is intended to be binding and enforceable under the Federal Arbitration Act and the laws of the State of Florida. By participating in James Neihouse Photography Workshops, all parties voluntarily waive any right to a trial by jury and agree to submit to arbitration. This arbitration clause survives the termination or expiration of the James Neihouse Photography Workshops agreement.
Cancellation or Change of a Workshop
While James Neihouse Photography Workshops will make every attempt to operate a trip once confirmed, we do reserve the right to cancel or change a trip, at any time due to insufficient bookings and/or reasons beyond our control that might create unsafe or undesirable travel conditions for the participants. In such case, a full and immediate refund will be issued. However, the financial liability of James Neihouse Photography Workshops shall be limited to the amount paid to James Neihouse Photography Workshops 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.). We reserve the right to refuse acceptance of any participant, for any reason, at any time. We are not responsible for any additional expenses incurred by such participants. For workshops outside of the US, tuition may be adjusted after you have signed up, based on local currency fluctuation.
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 in whole or in part for promotional purposes, including, but not limited to: advertising and publicity both in print and electronic media. By booking a reservation with James Neihouse Photography Workshops, participants agree to allow their images to be used in such photography; participants who prefer that their image not be used are asked to identify themselves to their tour leader at the commencement of their trip. We also reserve the right to use, in all or in part, any written reviews or behind-the-scenes photos you may provide to us in our advertising and publicity both in print and electronic media.
PARTICIPATION REQUIREMENTS:
No person under the age of 21 years may attend a workshop unless accompanied by an eligible parent or guardian and with our approval.
RESERVATIONS:
Payment in full OR $500.00 (USD) deposit is required to secure your place on any trip. In case of some remote, more expensive destinations, the deposit amount may increase, this will be explained in detail on the specific workshop page. The option to secure a spot in a workshop by placing a DEPOSIT is available until 90 days prior to a US based workshop or 120 days prior to an international workshop.
If the DEPOSIT OPTION is selected and unless otherwise indicated in the course description, the balance of the workshop fee is due 90 days prior to the workshop date for US workshops and 120 days prior to the departure date for International workshops.
James Neihouse Photography Workshops offers Payment Plans with No Interest. Please contact us for information regarding details of our payment plans for upcoming workshops at infojnpw@gmail.com or (260) 274-6861.
GROUP MINIMUM:
In most cases there is no minimum participant number for a workshop. Any minimum participant details will be spelled out specifically in the workshop description.
ALL WORKSHOPS INCLUDE:
Field photography sessions
Processing techniques sessions
Critiques
Personal attention and instruction in field and class environments
Transportation to and from workshop the workshop hotel to photography locations
Admissions fees to workshop photography locations
International Workshops Also Include:
Lodging – single occupancy whenever possible
Airport transfers at destination
TRAVEL:
Unless specifically noted in the workshop description:
Airfare is NOT included in workshop fees
Hotel accommodations are included in most workshop fees, accommodations are for single occupancy; hotel accommodations are included with international workshops, in some cases double occupancy may be necessary and will be spelled out in the workshop description.
Details of hotels, flight arrival recommendations and other trip tips will be provided well in advance of the workshop start date.
Participants are responsible for obtaining all travel related documents required for the workshop including, but not limited to Passport, Visas, medical expenses, etc.
Transportation from workshop hotel to photography locations will be provided.
MEALS:
Meals ARE NOT included in the workshop fee, unless so stated in the workshop description. Alcoholic beverages are NOT included in any workshop.
ADMISSIONS:
In most cases, and unless otherwise stated in the tour description, admission fees to photography sites are included in the cost of the workshop.
IF YOU CANCEL:
All cancellations must be confirmed in writing, and due to costs incurred by James Neihouse Photography Workshops in arranging a tour, deposits ARE NOT refundable after 90 days prior to US workshops or 120 days prior to international workshops. Prior to those deadlines your deposit will be refunded LESS a $100.00 USD handling/service fee.
Payment in full is required 90 days prior to US workshops or 120 days prior to international workshops. You will receive an invoice for the balance.
Please be aware that each International Workshop has its own, unique cancellation policy. It is your obligation to familiarize yourself with that policy to ensure you understand your financial obligation. Links to specific cancellation policies will be on the workshop page.
No workshop credits are offered in lieu of non-refundable monies.
James Neihouse Photography Workshops strongly suggests that our clients purchase trip insurance to protect their workshop investment.
IF WE CANCEL:
In the event of insufficient workshop enrollment, or enrollment falls below the minimum participant requirement, James Neihouse Photography Workshops reserves the right to cancel any given trip. In the event of cancelation 100% of moneys received will be returned. In this case, in lieu of a refund, the workshop fee may be applied to a future workshop.
James Neihouse Photography Workshops reserves the right to cancel or reschedule any workshop for reason beyond our control that may create unsafe or undesirable conditions for the successful completion of the workshop. In the event it is necessary to cancel a workshop any monies paid to James Neihouse Photography Workshops for said workshop will be refunded. In this case, in lieu of a refund, the workshop fee may be applied to a future workshop.
In the event of a workshop cancelation, James Neihouse Photography Workshops financial liability to its client is limited to the amount paid to James Neihouse Photography Workshops for the workshop, and does not extend to other expenses incurred by the client. We highly recommend the purchase of travel protection that includes trip cancellation to protect your workshop investment.
LUGGAGE:
James Neihouse Photography Workshops request that tour participants limit their luggage to the equivalent of one suitcase, one flight bag, one camera bag and tripod. We do not wish to be dictatorial in this matter, but we request that group members bear in mind space and comfort in our vans. All personal luggage is the responsibility of the owner, so please keep the weight to a limit YOU can handle and other restrictions can be met.
SMOKERS:
Smoking/Vaping/Use of ANY tobacco product is not permitted at meals, during group sessions, or in any vehicle. Smoking/Vaping/ Use of ANY tobacco product is permitted at photo stops if it is permitted by the location, and does not adversely affect our photographers and photography.
RESPONSIBILITY:
James Neihouse Photography Workshops and its agents act only as agents for the passenger in matters relating to travel arrangements, and as such, do not assume responsibility for injury, accident, damage, loss, delay or irregularity which may occur via defect of transportation or any other cause.
James Neihouse Photography Workshops reserves the right to substitute hotels, and other previously outlined arrangements as necessary, to either improve or equal the travel experience.
James Neihouse Photography Workshops reserves the right to pass on to tour members any additional and unplanned expenditures incurred during the tour, incurred resulting from events beyond the control of James Neihouse Photography Workshops.
While it is not our policy to substitute instructors, James Neihouse Photography Workshops reserves the right to replace instructors in the event of illness, emergency or death.
James Neihouse Photography Workshops reserves the right to accept or decline any person as a member of any workshop. A refusal of service could be based on personality conflicts, complaints from other guests, safety concerns, or an understanding by James Neihouse Photography Workshops staff that an individual might not be capable of coping with the physical challenges of a workshop without endangering themselves or other members of the workshop. This policy can be enacted at any time prior to the workshop departure. In the event a registration is declined, all deposits and funds paid to James Neihouse Photography Workshops will be returned in full.
Payment of tour fees by trip participants constitutes their acceptance of all conditions contained herein including but not limited to holding harmless James Neihouse Photography Workshops, or any of it agents in the case of any injury, death or other liability incurred during a trip.
You understand that we rely upon third-party tour organizers, transportation providers, hotel operators, and food providers to provide the services associated with the Workshops. All tickets, coupons, reservations, etc. are subject to the terms and conditions and other policies of the third-party service provider. We cannot control the actions of such third parties and do not assume responsibility for unanticipated events that may occur, including, without limitation, travel delays, lost luggage, cancellations, overbooking, and other reservation errors. You should build some flexibility into your schedule in case we need to extend the length of the Workshop or make other reasonable scheduling changes to accommodate unanticipated events such as travel delays, lost luggage, cancellations, overbooking, and other reservation errors. You will not be entitled to a refund in the event of unanticipated events requiring scheduling changes. You further agree to hold us harmless from and against any liability for injury, death, damage, loss, accident, delay, or irregularity that might occur in connection with any services provided by third parties.
A formal Waiver, Release and Hold Harmless Agreement shall be signed by each workshop attendee prior to the first day of the workshop.
NO TANGIBLE PERSONAL PROPERTY IS TRANSFERRED TO THE CUSTOMER IN THIS CONTACT
Revised November 27, 2023