Terms and Conditions


Hello!

The following contains legally binding terms and conditions for your participation in any of Exotic Photo Adventures photographic workshops and tours. Please read it carefully. 

Thank you for visiting Exotic Photo Adventures’ website (“EPA”, “we”, “us”, “our”).  The Terms and Conditions, as put forth below, govern your use of the site (“Website”) and all mobile or desktop apps (“Apps”), along with our widgets, data, application, software, tools and APIs (which may be subject to separate terms of service) and all services provided by EPA (“Services”). By using, visiting, or contributing to the Website in any manner whatsoever, you (“you”, “your”, “Participant”) agree to be bound by these Term and Conditions, along with our Privacy Policy, Cookies Policy, and any other terms, operating rules, policies and procedures referred to specifically in any of these policies or agreements (“Agreement (s)”) or that may be published from time to time on the Website, each of which is incorporated by reference. The Services are provided for use subject to your acceptance, without alteration or amendments, of all the terms and conditions as set forth herein (the “Terms”, “Terms and Conditions”). These Terms and Conditions may be updated by us, at our sole discretion, from time to time without any prior notification. Some Services provided by us may be subject to additional terms and conditions. Your use of any of those additional Services is subject to those additional terms and conditions, which are also incorporated into these Terms and Conditions by reference.

 

To use the Services you must be of legal age within your jurisdiction or be at least 13 years old with parental or legal guardian(s) permission. All registration information you submit must be valid and accurate. EPA may, at its sole discretion, refuse to offer the Service to any person or entity for any reason whatsoever. We also reserve the right to change, alter, replace or modify the Terms and Conditions from time to time, which may also change the criteria for using the Service. If this provision is prohibited by law, then we rescind any right to access the Service from those jurisdictions. If you are based in the European Economic Area (“EEA”), you may only use the Website if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of the Website has been provided to us. 

Release of Liability

By registering for any photographic tour or workshop, participants certify that they have carefully read the dates, schedule of activities, requirements and these “Terms and Conditions” for the Photo Tour/Workshop (“Tour”) and are aware that the Tour involves the risk of personal injury, death or loss or damage to property. In consideration of the benefits derived by the Tour, participants voluntarily recognize and accept all risks thereof. Participants agree on behalf of themselves, their dependents, heirs, executors, and assigns, to release and hold harmless Exotic Photo Adventures, LLC, its employees, subsidiaries, affiliates, officers, directors, successors, representatives, assigns and its designated tour operators (“Tour Operators”) from any and all claims, including but not limited to liability for delays, monetary damages, illness, injuries, death, or for the loss of or damage to property resulting directly or indirectly from any occurrences or conditions. Participants agree to abide by the conditions set forth under the “Terms and Conditions” and other sections as stated herein or elsewhere published. Participants affirm that they are covered by medical insurance, which is valid overseas and affirm that they have not relied on any additional oral or written representation of the Tour Operators for executing this release. Participants further acknowledge receipt of this release and understand and accept its terms and conditions without questions. 

The Tour Operators organize, promote, and sell the Tour along with services they may purchase from other suppliers. The suppliers are independent contractors and are not agents or employees of the Tour Operators. They supply services that may include, but is not limited to, transportation, accommodations, meals, and excursions using local guides. While we endeavor to make travel arrangements with reputable suppliers, the Tour Operators are not responsible for the willful or negligent acts and/or omissions of such suppliers, their employees, agents, servants, or representatives, including, without limitation, their failure or inadequate delivery of services. All travel and arrangements are subject to the terms and conditions specified by the suppliers, air carriers and/or applicable governing laws. The Tour Operators and the suppliers providing transportation or any service can accept no responsibility for losses or additional expenses due to, but not limited to, delay, inconvenience, changes to or cancellation of itinerary, sickness, weather, strike, war, quarantine, terrorism, defects in vehicles, breakdown in equipment, animals including transportation by animals, hiking, and any act, omission, negligence or other causes beyond their control. All such losses or expenses will be borne by the you, as the Tour rates provide for arrangements only for the time stated. The Tour Operators are not responsible for expenses incurred by Tour participants in preparing for the Tour (i.e.: air tickets, visa/passport fees, equipment, medical expenses, individual transfers, etc.).

Assumption of Risk: 

Participants are voluntarily participating in the Tour with knowledge that it will involve some inherent risks and danger including, but not limited to, forces of nature, terrorism, civil unrest, strikes, wild animals (including animals used for transportation), all activities including hiking over rough or wet terrain, theft, cancellation or changes in itinerary, negligent action of others or their agencies, or means of conveyance or accommodation which may not be operated nor maintained to standards common in  the United States, including medical related issues. You are aware that medical services or facilities may not be readily available or accessible during all or part of the Tour, including emergency medical care, presence of physicians or adequate medication. On expeditions of this type it is not possible to accommodate persons with severe health problems, physical disabilities or mental illness. It is the passenger’s responsibility to judge the appropriateness of the travel activities to their own physical and mental capabilities. By forwarding the deposit, the passenger certifies they agree with these terms and conditions and that they do not have any mental, physical or other condition or disability that would create hazard for them or other participants. The Tour Operators and their suppliers take no responsibility for special arrangements or problems incurred by passengers unable to participate in the Tour or planned activities. We reserve the right to decline any person as a member of the Tour, or to require any participant to withdraw from the Tour at any time without compensation or refund, with or without cause.

Fitness and Health: 

Most activities on the Tour should be accessible to anyone who is reasonably fit. It is possible to experience general fatigue due to long flights and changes in time zones. You will need to be sufficiently agile to climb in and out of the transport vehicle and be able to carry and manage your own photographic equipment and luggage. We will hike trails and paths ranging from easy to moderate throughout the Tour. Some hotels may not be equipped with elevators or air-conditioning. To reach some accommodations you may be required to hike with luggage in tow. 

If you have any special needs or any physical condition that you feel might prevent you from fully participating, please make us aware when registering for the the Tour or email us in advance with your questions or concerns.

Please be aware that medical services and facilities might not be readily available during all or part of the Tour. This could include emergency medical care, presence of physicians, or adequate medication. Please notify us in advance of any allergies, physical or mental conditions or medications you are currently taking that may affect your health.

Changes in Services: 

Rates are based on tariffs, U.S. exchange rates and supplier fees in effect at the time of publishing. We reserve the right to alter our prices. Please note that if the Tour Operators cancel a trip extension, you are subject to the cancellation penalty for the main trip should you subsequently decide to cancel your main trip. Individual transfers for those traveling independently are not included unless otherwise stated. If the group falls below the minimum requirement of 4 paying participants, the Tour is subject to cancellation. Accommodations are based on double occupancy (two people sharing a room). Requests for single occupancy are assigned on a first-come, first-served basis, when available and subject to a supplemental fee at the rate stated on the individual trip website page.

The Tour Operators reserve the right to cancel or make changes to the published itinerary, including removal or substitution of tour leaders, whenever, in its judgment, conditions warrant, without consulting the participants. Participants have no right to any refund or other considerations in the event of these itinerary or leader changes. The Tour Operators reserve the right to cancel any Tour before departure, in which case a full refund of all amounts paid to the Tour Operators will be made. If changes are made, tour leaders will plan each day considering the interests of the group and the weather at hand. Be assured that we will make substitutions that are similar in quality and interest when possible.

Code of Conduct: 

Participants are expected to conduct themselves in a manner that is respectful to the group, other participants and the locals we come in contact with. Any use of illegal drugs or substances, committing or participating in any criminal or illegal activity or violence or sexual harassment of any sort will not be tolerated and will result in the participant’s immediate removal from the Tour, without refund and at the participant’s expense. Tour leaders are authorized, and hereby reserve the right, to remove or exclude participants from the Tour, or any portion thereof, for actions they deem as inappropriate or disruptive to the group or Tour.

Indemnification: 

The participant agrees to defend and indemnify the Tour Operators, and its affiliate companies from and against any and all demands, claims or lawsuits (including without limitation, third party asserted demands, claims or lawsuits), actions, liabilities, damages, costs, losses and/or expenses (including reasonable attorneys’ fees and expenses) (collectively, “Claims and Damages”) which the Tour Operator may incur, suffer or be required to pay by reason of actions taken by the Participant, including those which result in damage to property owned by third parties, or any other Claims and Damages arising in connection with a third party claim suffered due to actions taken by the Participant. The Participant is liable to reimburse the Tour Operators for any Claims and Damages collected by third parties, during the Tour or after, as a result of or related to actions taken by the Participant.

Airfare: 

Airfare to and from the Tour is NOT included in the Tour Rates provided. Before booking your airfare, please contact Us for arrival and departure time specific requirements. We can accept no responsibility for losses or additional expenses for airfare due to trip cancellation or alteration. We suggest booking a refundable fare or purchasing the optional insurance in case the Tour must be cancelled, postponed or altered. If internal airfare is required, the Tour webpage will state such and in most cases, those costs are included in the Tour costs.

Included in Trip Costs: 

Group ground transportation for the Tour activities are included in the Tour cost as are accommodations, based on double occupancy (two people sharing a room).  Requests for single occupancy are assigned on a first-come, first-served basis and are subject to a supplemental fee at the rate stated on the individual Tour website page. Also included are the services of a photographic leader throughout the Tour. The Tour may also make use of drivers and English speaking local guides. Meals included in the Tour are shown in the individual Tour website page and are listed as (B) for breakfast, (L) for lunch and (D) for dinner. Tickets, entrance fees, all tours and guides as listed on the individual Trip website page are also included.

Not Included in Trip Costs: 

Domestic or International airfare to and from the Tour’s beginning and ending locations, airfare tax, airport departure tax (if applicable), airport departure transfers, additional transfers or accommodations that may be required by those not traveling with the group, excess baggage charges, meals/snacks not included in the Tour as indicated on the individual Tour website page, side activities taken on your own, passport/visa expenses, individual medical or travel insurance costs, any expenses of a personal nature, such as room service, laundry,  alcoholic beverages or drinks outside of provided meals, medical expenses, photographic equipment, any activities not specified in the Tour itinerary or that are listed as optional, or any items not listed in the “Trip Includes” section of the individual Tour information page on our website, possible fuel surcharges, exchange rate surcharges. Modest gratuities to the guides and drivers are customary.

Single/Shared Accommodations: 

A limited number of single rooms/cabins are available at an extra cost on a first-come, first-served basis. We will assist persons requesting a roommate. If a suitable roommate is not available, then the Participant will be notified that the single rate surcharge will be added to the Tour cost.

Payments, Cancellations, and Refunds: 

A deposit per participant is required at the time of registration to reserve your spot. Some tours may require a higher additional deposit due to advance booking or transportation requirements. Required deposit amounts will be listed on the individual Tour page on our website. Payment in full is required when registration is completed less than 90 days before the departure date. Space is subject to cancellation by the Tour Operators if payments are not received when due. If a participant would like to cancel they must send an email notification. Please note your cancellation is not considered official until you have received a return email confirmation acknowledging your cancellation. At the time we receive your cancellation notification, the following per person charges will be applied.

121 days or more before departure: $450 cancellation fee, plus any additional costs incurred, as well as any fees that are charged by the suppliers providing the services included in the Tour. If your spot is filled by another participant, we’ll refund your deposit minus payment processing fees and $250 administrative fee.

91-120 days before departure: $600 cancellation fee, plus any additional costs incurred, as well as fees, if applicable, that are charged by the suppliers providing the services included in the Tour. If your spot is filled by another participant, we will refund your deposit minus payment processing fees and $250 administrative fee.

90 days or less before departure or anytime after departure: NO REFUNDS WILL BE GIVEN and your deposit will be forfeited. Payments in Full are required no later than 90 Days prior to departure. If full and final payment is not received by this date you will be notified via email two times requesting final payment. After that, we will consider your failure to make payment a cancellation and your spot in the Trip will be forfeit and offered to those participants on the waiting list.

Travel Insurance: 

Each participant hereby confirms that they understand and agree to purchase any required insurance listed below, that is valid internationally, and that they will be required to provide proof prior to departure for the Tour and in order to participate.

Required Coverage:

Accident & Sickness Medical Expense Coverage (minimum $100,000 USD)
Emergency Evacuation & Repatriation of Remains (minimum $200,000 USD)
Accidental Death / Dismemberment
Trip Cancellation Coverage

Suggested Additional Coverage:

Hospital Room and Board
Baggage and Personal Effects Coverage
Trip Delay / Interruption
Visitor to Bedside

The Tour Operators, their owners, agents, assigns and subsidiaries will not be held responsible for these expenses. It is vital for you to realize that if you experience a delay or find it necessary to cancel or cut short the Tour for any reason, you will lose part or the entire sum of the amount paid.

Model Release: 

Exotic Photo Adventures, LLC and its designated Tour Operators and Tour leaders reserve the right to take photographs and/or videos of your image or likeness during the operation of any Tour or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use with or without your true name. By making a reservation on an Exotic Photo Adventures, LLC Tour, the participant agrees to allow his/her likeness to be used by us, our agents, assigns, subsidiaries or authorized third parties, without compensation to the Participant. 

Photo Release: 

Copyright in all photographs, video, and related materials (“Tour Materials”) created by the Participant shall belong to the Participant upon creation. The Participant grants to the Tour Operators their owners, agents and subsidiaries, a non-exclusive, worldwide, irrevocable license to use any Tour Materials voluntarily provided to the Tour Operators in any media for the following purposes: editorial use, promotion of this editorial use, advertising and promotion of Photo Tours or Workshops offered by the Tour Operators or promotion of Photo Tours or Workshops led by Trip Leaders representing the Tour Operators.

Food and Drink: 

Breakfasts will usually be at the hotel or lodge we are staying at. Lunches will be informal, eaten in places convenient to the shooting areas. This will allow maximum flexibility. Dinners may be cafeteria style or sit down restaurants with possible occasional picnic style dinner or barbeque.

Dispute Resolution: 

If the participant has a complaint, he/she should first inform the Tour Operator or Tour leader while on the Tour so that the Tour Operator or Tour leader can attempt to resolve and rectify the matter. If the participant is still dissatisfied, he/she should submit the complaint in writing to Exotic Photo Adventures within 30 days of the completion of the Tour.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and EPA agree that any cause of action arising out of or related to the Tour must commence within six (6) months after the cause of action arose; otherwise, such cause of action is permanently barred.   

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Agreements shall be finally settled by arbitration in Fairfax County, Virginia, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. The maximum amount of recovery to which a Participant may be entitled under any and all circumstances shall be the published cost of the Participant’s Tour with Exotic Photo Adventures. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Eastern District of Virginia. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation, this section. 

 

This agreement to arbitrate does not waive or modify any liability release agreed by the Participant.

Other: 

Additional Terms and Conditions may apply to some of our Tours and will be provided with pre-trip information mailings. By registering for a Tour with Exotic Photo Adventures, LLC, the participant agrees to the release of liability statement and the Terms and Conditions published on the website or in any printed materials.

Participants hereby acknowledge that they have read, understand, agree to, and will abide by, all the Terms and Conditions of participation in the Tour as set out above.

Participants confirm that they have reviewed and agree to the dates and costs of the Tour and that they understand that flights are not included in the cost (with the exception of internal flights for certain Tours as clearly stated on the individual Tour page on our website).

Final Payment in full is required within 90 days before departure for the Tour or participants risk losing the deposit and having their spot forfeited to a participant on the waiting list. Participants will be sent a Paypal invoice via email requesting final payment. You can email us if you have any questions regarding making final payment.

 

LAST UPDATED July 23, 2019