Workshop Terms + Conditions
Andy Yee Photography, LLC is a company organized for the purpose of conducting photography workshops in remote corners of the world by the renowned and respected photographer, Andy Yee. The terms "we", "us", "our", and “Andy Yee Photography” refer to Andy Yee Photography, LLC, a limited liability company organized and existing under the laws of the State of Kentucky. The term "you," “participant,” or “traveler” refers to the participant making a booking with us who fully intends on joining and participating in a Photography Workshop with Andy Yee Photography.
Workshop Reservation Payment
To reserve your spot a $1000 (USD) deposit is required. Depending on the workshop, the final balance of the workshop fee may be due 90 days before the start of the trip. Space is subject to cancellation by Andy Yee Photography if payments are not received when due. Payments are to be made in the currency specified by Andy Yee Photography, usually in your nominal domestic currency.
Contract
We draw your attention to the terms and conditions of your participation below, these terms and conditions including all brochures, documents, correspondence and the terms and conditions of our suppliers form the basis of the contract with you. Before booking with us you must ensure that you have read and understood these terms and conditions (raising any questions you may have with us). Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By asking us to confirm your booking you are accepting all of the terms and conditions laid out below and acknowledging that you have read the terms of this contract and agree to it.
You represent and warrant that you are of sufficient age and mind to use our services and website and can create binding legal obligations in connection with your use, and that the information supplied by you is true and correct.
Violations by You
You agree that any violation of any such terms and conditions may result in (a) the cancellation of your booking or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, and (c) you being denied access to participate in all or any part of the workshop.
Changes to these Terms and Conditions
Andy Yee Photography reserves the right, in our sole discretion, to change these terms and conditions at any time. Updated versions of the terms and conditions with material changes will be provided to you and are effective immediately upon receipt to you via email. Your continued use of our services, including continuing to use or maintain your booking after any changes to the terms and conditions constitutes your consent to the changes.
Covid-19 release of liability
By booking this workshop at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself that you may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your workshop. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, which cannot be controlled or eliminated by Andy Yee Photography.
You acknowledge that due to the uncertainty of travel at this time, this workshop may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination. You are responsible for understanding these requirements and must not rely on Andy Yee Photography to provide these details. You understand that you may become sick before, during, or after the workshop and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID-19, Andy Yee Photography has required the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Andy Yee Photography shall not be liable to any losses howsoever arising.
You, and on behalf of your heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Andy Yee Photography , its members, officers, agents, and/or employees, suppliers, and other workshop participants (RELEASEES), from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this contract, whether by operation of law or otherwise.
Booking/Payment. After you have reviewed the itinerary for the specific photography workshop you are interested in, you can book by reserving your spot with a deposit payment via our website under the specific workshop you are interested in at www.andyyee.com/. If you have any questions about the workshop, please contact us before reserving your spot and paying your deposit. Upon payment of your deposit or if you elect to pay in full, you agree to these Terms and Conditions and you further agree to complete our liability waiver prior to embarking on any of our photography workshops. If you do not agree to the terms in this Agreement or to the terms in our liability waiver, please contact us, or do not book a photography workshop with us. For reservations made within 60 days of the departure date, full payment is required at the time of booking with us. After final payment is received you will receive final confirmation. All deposits are NON-REFUNDABLE. Please review these documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible of any corrections.
Our bookings do not include international round-trip airfare. You must make independent air travel reservations related to your booking. Your contract for airfare is with the carrier and subject to its terms and we will not be liable for any change fees or cancellation fees or other additional cost you incur with the air carrier.
Upon booking, you will make all payments via PayPal. You must make all payments in full and on time. If payments are not received when due, we reserve the right to cancel your booking and apply the cancellation charges set out in the cancellation section below. Failure to make a payment may result in the cancellation of your participation in the workshop. In such a case this would be considered a cancellation by you and the cancellation terms and fees as described below would be in effect.
Stripe/Paypal, Wise or direct bank transfer
All participant payments are to be made by Stripe/PayPal, Wise or direct bank transfer. Your transfer and/or payments are an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks or payment disputes.
In certain cases, you can dispute charges with PayPal, or with your banking institution (we will define them as "disputes” or “chargebacks", collectively “chargeback/s”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Andy Yee Photography, LLC retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
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Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
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Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
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Chargebacks arising from inconsistency or inaccuracy regarding the supplier’s product description.
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Chargebacks resulting from force majeure or other circumstances that are beyond the control of Andy Yee Photography or the Supplier.
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Chargebacks resulting because you do not agree with the cancellation policy.
What’s Included in Your WORKSHOP
Accommodations
Accommodations are provided as detailed in your itinerary but are subject to change (even on site), in order to adapt to situations beyond anyone’s control, including but not limited to weather or any other condition that may affect the group while traveling. Hotel stays are included and are double room occupancy. Should you require single occupancy, please submit your request and we will do our best to accommodate. Single occupancy accommodations require an additional supplement of $1,000 per person. Absent confirmation, special requests are not guaranteed.
Travelers should be aware that hotel room sizes, standards and facilities can vary regionally and are substantially different from standards in the United States. This can include difference in bed sizes and room sizes, bathroom amenities, amenities such as air-conditioning and compliance with other standards such as ADA and wheelchair accessibility. These accommodations may be basic without the luxuries one may be accustomed to with standard or western accommodations.
Andy Yee Photography reserves the right, if necessary, to substitute other similar hotels for hotels listed on your itinerary. Such substitutions may be made at any time and without prior notice. We cannot be held responsible for hotel over-bookings; should such occur, we will undertake to find similar accommodations in the same area. Such substitutions are at our sole discretion and no refunds will be offered for changes in accommodations.
While we exercise due diligence in the selection of our partners, hotel, and other accommodation profiles, we cannot guarantee their suitability for your preferences or expectations given the remote nature of the accommodations and locations. We cannot guarantee the supplier’s images and descriptions of the properties and rooms will be the same or similar for your accommodations during your stay/s. Additionally, participants should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While Andy Yee Photography does its best to maintain current and accurate information regarding these suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.
Transportation
Andy Yee Photography will offer transportation in accordance with the group itinerary, including private cars and drivers. There will be no refund for missed or unused transfers. Review your itinerary to confirm whether airport transfers are included, as not every workshop includes airport transfer services. If at any time your flight plans change impacting an airport transfer or your ability to participate in the workshop, you must notify us immediately. Failure to do so may result in missing a portion of the workshop and no refund shall be due. If you decide to arrive one or more days prior to the commencement of the workshop and you stay (at your own expense) in a nearby hotel, we can facilitate your transfer from the airport, but cannot guarantee we will be able to accommodate any requests for transfers from your hotel.
Meals
All breakfasts and some dinners (lunch will be on own), and bottled water are included. Please refer to your group itinerary for specific details on which meals are included. Special diets should be requested at the time of booking; however, it may not be possible for special diets to be accommodated. For safety and liability reasons, Andy Yee Photography and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the hotels of any special requests, but we cannot guarantee their availability.
One-way Domestic Airfare (on select workshops)
A one-way domestic flights are included on select workshops and in accordance with the group itinerary. We bring to your attention the importance of accuracy. Names provided to secure reservations must match participants’ passport. Middle names are not required to appear on airline tickets. Date of birth and complete passport details are required. Any minor name corrections advised after airline tickets have been issued will incur fees. Not all name corrections will be permitted by airlines and may require the purchase of a new ticket. Travelers voluntarily assume full and sole responsibility for any and all risks and/or costs involved with failure to report any errors and/or omissions to documentation.
Roundtrip International Airfare
Roundtrip international airfare is NOT included.
Additional Inclusions
All park entrance fees, and photography locations are included in the workshop. In addition, Andy Yee Photography will assist you in not only understanding the camera but will cover post-processing to help you create images that pack a punch including sitting down with you to assist in your photo selection process, Lightroom and Photoshop workflows and techniques to truly develop your best images. Post-processing sessions during the workshop are also included.
Changes to Itineraries
Andy Yee Photography reserves the right to make changes to its published itineraries. In such cases, we will arrange for the substitution of comparable services.
There may be occasions when certain alterations become necessary. These can be due to religious holidays, national celebrations, or unforeseen events including weather, governmental closures, acts of God, or any other reason. Andy Yee Photography reserves the right to change the itinerary due to such unforeseen circumstances or emergencies. Additionally, historic sites undergo renovations from time to time which can obscure viewing or otherwise change the nature of visiting these sites. No workshops will be cancelled due to renovations, although Andy Yee Photography may choose to amend itineraries for such sites. These changes will not be considered material changes and will not be considered cause for cancellation by the participant.
If we suggest alternate activities in place of a planned stop or in case of leisure time, such suggestions do not constitute our endorsement. In such a case you will be subject to the terms and conditions of the supplier of the activity and your only recourse in case of damage will be against the supplier of the alternate activity.
WHAT’S NOT INCLUDED IN YOUR WORKSHOP
Any items and matters not referred to in your itinerary are not included in the workshop price. Specifically, international airfare, lunches, alcoholic beverages, equipment and baggage fees and insurance, visas (if applicable), gratuities, alcohol, travel protection and insurance of all kinds, photographic equipment, passport fees, laundry, phone calls, and all items of personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home. If you leave the workshop whether of your own volition, our decision based on behavior that disrupts the workshop, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item not included.
Non-Operation of Andy Yee Photography Workshop.
All workshops are based on a minimum number of participants. Andy Yee Photography makes every effort to ensure that workshops meet their minimum requirements. However, if the workshop drops below the minimum number of participants, cancellation of the workshop may occur at the sole discretion of Andy Yee Photography. In such case, participants will be advised 60 days prior to departure that the Photography Workshop has automatically been cancelled. We will offer to have your registration credited toward another Photography Workshop or refunded to you at your discretion.
Any air cancellation will be in accordance with the terms of the carrier, and we will not be liable for the carrier’s refusal to make any refund whatsoever. In such case Andy Yee Photography will not be liable for any additional costs incurred outside of the workshop prices such as visa and passport fees, travel insurance or any other purchases made by the guest in anticipation of the workshop.
CHANGES AND CANCELLATIONS
Changes by Participants
Since changes are considered canceled services, additional cancellation penalties may apply. See the cancellation schedule noted below. Changes are subject to additional hotel charges based on availability and may incur additional fees. Changes to airfare are subject to the carrier’s Terms and Conditions.
If you are unable to complete the workshop due to an inability to maintain the speed necessary to keep up with the group of participants, there shall be no refunds owed even if you are unable to complete the workshop.
Cancellation
As described above, Andy Yee Photography is required to pay certain suppliers well in advance of your workshop date. This includes but is not limited to hotel accommodations, meals, tickets, transportation, etc.
Since Andy Yee Photography will pay certain deposits and costs to suppliers prior to the date of travel, Andy Yee Photography will assess the following cancellation charges as follows:
Relevant Cancellation Dates: Cancellation Charge Per Person
91+ days prior to departure: non-refundable deposit
61-90 days prior to departure: 25% of the workshop fee + non-refundable deposit
31-60 days prior to departure: 75% of the workshop fee + non-refundable deposit
30 days or less prior to departure: 100% of the workshop fee (including non-refundable deposit)
All refunds processed at participants request due to participant’s cancellation will incur bank transfer expenses (as incurred by Andy Yee Photography) and will be itemized on your refund invoice.
If the reason for cancellation is covered under the terms of your travel protection plan you may be able to reclaim these charges, for this reason Andy Yee Photography requires the purchase of a travel protection plan including additional “cancel for any reason” coverage.
Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.
Cancellation of Changes by Andy Yee Photography
We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We will offer the entire registration fee for another Photography Workshop with us, or a full refund to you, at your discretion. Participants are responsible for any additional costs for air tickets or other travel arrangements not made by us.
If between planning time and/or during actual travel, circumstances require changes, Andy Yee Photography and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any workshop, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the workshop. Andy Yee Photography cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be considered cause for cancellation by the participant. Normal cancellation penalties still apply to any workshop that has been changed.
No refund for unused arrangements
As Andy Yee Photography prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while the workshop is in progress, there is no refund for the unused portion.
Force Majeure
Andy Yee Photography assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Andy Yee Photography that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you subject to any bank transfer fees.
Travel Protection
Travel Protection Coverage is not included. However, it is the participant’s responsibility to protect their purchases. For this reason, travel insurance and additional “cancel for any reason” coverage is required. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including “cancel for any reason” coverage must be purchased in close conjunction with your travel purchase. Travel protection that covers travel to the destination/s of the Photography Workshop is required. If your travel protection policy does not provide adequate coverage, we will not be liable for any of your losses howsoever arising, for which an appropriate travel protection insurance policy would otherwise have been available.
Andy Yee Photography is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Andy Yee Photography cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. Andy Yee Photography cannot be held responsible for denied entry if a participant is unable to provide details to authorities of insurance or denial of entry for any reason.
We also highly recommend obtaining insurance on all photography equipment. We shall not be liable for any damages, or losses to your photography equipment or photos that may occur enroute to, during or after your participation in this workshop, regardless of the circumstances that resulted in the damage or loss.
Destinations and documentation.
Travel to certain destinations may involve greater risk than others. Andy Yee Photography urges Travelers to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including COVID-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, Andy Yee Photography will not be liable for damages or losses that result from travel to such destinations.
It is the responsibility of each participant to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up-to-date requirements US citizens should visit www.travel.state.gov. When travelling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: http://www.tsa.gov/participant-information/acceptable-ids. Andy Yee Photography strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.
You acknowledge and agree to follow and abide by any and all local and national laws and regulations for any country you visit while participating in the photography workshop. While all local and national laws and regulations are important to follow, we strictly encourage you to be informed concerning the use and/or possession of drugs in particular. There will be no tolerance for any use or possession of any drug and your failure to strictly comply with this requirement will result in a breach of this Agreement and may prevent you from your continued participation in the workshop. It is your responsibility to check which prescription drugs need to be accompanied by a doctor’s note and/or prescriptions.
Recommended inoculations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your workshop. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing participant to miss flight(s), and subsequent scheduled photography workshops. Andy Yee Photography bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your trip related to improper documentation or government decisions about entry.
Insecticide notice
Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
Non-Responsibility.
Andy Yee Photography, and its employees, owners, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this workshop. Andy Yee Photography is not an employee, agent, or representative of any of these suppliers. Andy Yee Photography does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your workshop. All suppliers are independent contractors and are not agents or employees or representatives of Andy Yee Photography. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all participants agree that neither Andy Yee Photography, nor its employees, owners, agents, or representatives are or may be liable for any loss, injury, or damage to any workshop participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Andy Yee Photography. Andy Yee Photography assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any participant that may result from any act or omission on the part of others; Andy Yee Photography assumes no responsibility or liability for personal property; and Andy Yee Photography shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Andy Yee Photography accepts no responsibility for lost or stolen items. Andy Yee Photography reserves the right to refuse any participant or potential participant at its sole discretion.
No guarantees
Andy Yee Photography makes no guarantees that you will become a better photographer. Additionally, Andy Yee Photography makes no guarantees that your photos will represent what you are hoping to capture while on-site. While every reasonable effort will be made to provide photographic opportunities with the best lighting, weather, animals, portraits, and landscape, this is often compromised by daily activities, acts of God, and travel schedules.
Assumption of Risk/Waiver.
Traveler is aware that traveling in such areas as participant is undertaking to attend the workshop/s may involve inherent risks to your health and safety, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including workshop guides, other participants, Andy Yee Photography and its owners, employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided. You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by aircraft, or travel a country with developing infrastructure. Standards of hygiene, medical care, accommodation, and transport in the locations where these photography workshops take place may be lower than the standards you may reasonably expect in your home country or region.
You agree that there is a risk associated with your ability to keep up with the pace of the group. We shall not be held liable for any reason if you are unable to keep up with the group at any point during the workshop. You agree that we will not be able to slow down to accommodate your pace, and we shall not be liable should you need to turn around and not complete the workshop.
Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this workshop, participant is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Andy Yee Photography from any and all claims associated with the workshop, including any claims of third-party negligence and/or the negligence of Andy Yee Photography and participant hereby covenant not to sue Andy Yee Photography for any such claims or join any lawsuit or action that is suing Andy Yee Photography. You waive any and all claims that you have, or may in the future have and release from all liability and agree not to sue, Andy Yee Photography, its agents, owners, suppliers or affiliates for any personal injury (including mental distress or trauma), illness (including exposure to diseases, epidemics or pandemics), death, property damage, quarantine or other loss that you may sustain during or as a result of the workshop due to any cause whatsoever on the part of Andy Yee Photography or others, including: negligence – including the failure to use such care as a reasonably prudent and careful person would do in the circumstances and failure to meet reasonable standards of care; breach of any other duty imposed by law; breach of contract; and mistakes or errors in judgment of any kind This agreement also binds your heirs, legal representatives and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Agreement, whether by operation of law or otherwise.
Indemnification.
Traveler agrees to and shall indemnify and hold harmless Andy Yee Photography, and each of our officers, managers, owners, directors, employees and agents (collectively “Andy Yee Photography ”), from any expenses, losses, liabilities (of any type), damages, judgments, demands, settlements and costs (collectively, “damages”) involved with or incurred by Andy Yee Photography (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) participant’s breach or violation, or threatened breach or violation of this Agreement and (ii) Any damage caused by participant while participating in the workshop.
Pre-existing Medical Conditions/Persons with Disabilities.
The nature of many of the destinations we travel to means that in some cases they may be unsuitable for those who use a wheelchair, have a lack of mobility, or have pre-existing conditions.
It is essential that you advise us before booking if you do have any disability or pre-existing medical condition which may affect your workshop, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Due to the varying difficulty levels of our workshops, we encourage you to contact us before booking to confirm your ability to participate in any given photography workshop with us. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility.
Additionally, our suppliers are, unfortunately, unable to offer additional assistance to participants with limited mobility and all such assistance will need to be provided by whoever the participant is traveling with. Travelers with disabilities must notify Andy Yee Photography at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance.
Health
For the safety of our participants, Andy Yee Photography has the right to request health information prior to travel and to exclude any participants it deems unfit for travel at its sole discretion, in the best interests of the group and the participant in question. We may require certain health information and will try to request it at least 60+ days prior to departure. Please be prompt in returning any requests for health information.
Photographic/Video likeness & photo release
Traveler hereby gives consent to Andy Yee Photography to publish any photographs and/or videos of the workshop, of any participant and of any of the participants’ photos in printed or electronic media without obtaining further consent and without compensation to any participant, their heirs, or any other interested third-party. Participant releases Andy Yee Photography and its representatives from any liability in connection with any use of such photographs and/or video.
Class action waiver/Limitation of damages/Notice of Claim.
You agree that you will only bring claims against Andy Yee Photography in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Andy Yee Photography shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a workshop means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Andy Yee Photography unless you have first provided a typewritten notice of claim to Andy Yee Photography within 30 days after the trip or cancellation of the workshop. The terms and conditions of this agreement shall be governed and construed under the laws of the State of Kentucky, and you agree the proper venue for any claims against Andy Yee Photography shall be brought only within the State of Kentucky.