TERMS AND CONDITIONS
By registering for any workshop or retreat (hereinafter referred to as “ACTIVITY“) you are agreeing to these Terms and Conditions.
TIDESRIGHT, INC. (hereinafter, “OWNER“) provides the following terms and conditions for all persons participating in any retreats or workshops (hereinafter collectively and individually referred to as “PARTICIPANT”).
ASSUMPTION OF THE RISK
Each PARTICIPANT, and PARTICIPANT’s parent(s) or guardian(s), if applicable, hereby acknowledge and understand that voluntary participation in the selected ACTIVITY involves risks that are inherent to travel and to the ACTIVITY. Such risks include physical and/or psychological injury, pain, suffering, illness, injury, disfigurement, temporary or permanent disability, death and economic loss. These injuries or outcomes may arise from PARTICIPANT’s actions or the actions or omissions of others. Nonetheless, by voluntarily electing to participate in the ACTIVITY, each PARTICIPANT assumes all risks of participation in the ACTIVITY, whether known or unknown to PARTICIPANT, including travel to and from the ACTIVITY (e.g., air travel or ground transport) or any events incidental to this ACTIVITY.
PARTICIPANT expressly and knowingly assumes all the risk and potential consequences in any way related to the ACTIVITY.
EXPRESS RELEASE OF ALL CLAIMS
PARTICIPANT hereby releases, forever discharges OWNER regarding any risks associated with the ACTIVITY. PARTICIPANT understands that this is a full and complete release of all injuries and damages which may be sustained as a result of his/her participation in the ACTIVITY, except for injury or harm resulting from OWNER’s intentional acts to cause harm to PARTICIPANT. The extent of OWNER’s liability for damage caused by its negligence shall be the amount of insurance coverage available and provided by OWNER’s liability insurance carrier. Under no circumstances shall OWNER be liable for any damages in excess of available insurance.
INDEMNIFICATION BY PARTICIPANT
PARTICIPANT shall indemnify and hold “Owners” harmless for all claims brought by third parties, for damages, costs or expenses, including reasonable attorneys’ fees, arising out of or related to any acts or omissions of PARTICIPANT in connection with the ACTIVITY.
TRAVEL INSURANCE
Travel insurance is mandatory. You will be required to provide proof of insurance meeting the requirements set forth in our terms and conditions prior to commencement of the retreat. You can find many options but we highly recommend www.WorldNomads.com.
USE OF IMAGE
PARTICIPANT hereby consents to and expressly authorizes the reproduction, publication, and use of any photograph, picture, video or likeness of PARTICIPANT, PARTICIPANT’s child and/or other family members by OWNER and venue property owners for advertising and other commercial purposes.
CHANGES TO WORKSHOP SCHEDULE
All workshop schedules, instructors, transport and lodging are subject to change at OWNER’S discretion depending upon weather, health and safety considerations, acts of God or any other factor related or unrelated to photographic opportunities.
OWNER IS NOT RESPONSIBLE FOR AIRFARE OR AIR TRAVEL OR TRAVEL INSURANCE.
OWNER is not responsible to make any airfare or travel arrangements for PARTICIPANT and any change or cancellation of travel arrangements, including airfare, for any reason, including OWNER’s alteration of schedules for ACTIVITY shall not give rise to any liability on the part of OWNER.
CHOICE OF LAW / VENUE
Any lawsuit by PARTICIPANT related to the ACTIVITY or OWNER shall be brought in the State of Delaware and the choice of law shall be the law of Delaware without regard to choice of law principles that would dictate an alternative venue.
MEDICAL TREATMENT & LIABILITY
If PARTICIPANT needs medical treatment as a result of participation in this ACTIVITY, travel to and from the ACTIVITY (including air travel), or any events incidental to this ACTIVITY, I agree to be financially responsible for any costs incurred as a result of such treatment. PARTICIPANT isaware that the OWNER does not provide travel, medical emergency or health insurance for PARTICIPANT and that PARTICIPANT is required to carry their own insurance.
(If applicable)
I am the parent or legal guardian of the PARTICIPANT. I have read this document, and I am signing it freely.
I understand the legal consequences of signing this document, including (a) releasing TIDESRIGHT, INC. and from all liability on my and the PARTICIPANT’s behalf, (b) waiving my and the PARTICIPANTs’ right to sue the TIDESRIGHT, INC., (c) and assuming all risks of PARTICIPANT’s participation in this ACTIVITY, including travel to and from the ACTIVITY (including air travel) or any events incidental to this ACTIVITY. I allow the PARTICIPANT, my minor child, to participate in this ACTIVITY. I understand that I am responsible for the obligations and acts of the PARTICIPANT as described in this document. I agree to be bound by the terms of this document.
REGISTRATION, PAYMENT & CANCELLATION
To secure a place in the selected workshop or retreat, a 25% non-refundable deposit on the total booking fee is required. Once payment has been received, OWNER will provide email confirmation of receipt of PARTICIPANT’s payment and further information and updates. Payment in full is due 120 days prior to the start date of the workshop. If registration is made less than 120 days prior to the start date, payment in full is required.
If PARTICIPANT has booked and paid for a workshop and are unable to attend on the workshop date, and if another similar workshop is offered for registration at the time, PARTICIPANT can choose to move your booking to another workshop for a rebooking fee of 10% of the total cost of the new workshop. If the subsequent workshop is greater in cost, PARTICIPANT will be invoiced for the difference. If it is less in cost, PARTICIPANT will not be entitled to a refund of the difference.
PARTICIPANT can transfer your booking to another party for a transfer fee of 10% of the total cost of the workshop. The new PARTICIPANT will be required to sign and agree to all the requirements of the workshop. Please note that bookings cannot be transferred within 30 days of the workshop date without OWNER approval.
If PARTICIPANT cancels and OWNER is able to fill PARTICIPANT’s spot before 30 days from the workshop date PARTICIPANT will receive a full refund less a 10% fee. If replacement PARTICIPANT is not registered before 30 daysfrom the workshop date monies received by OWNER are not refundable.
Full refunds of all monies paid will be made if a workshop is cancelled by OWNER, or if the workshop is re-scheduled by OWNER and PARTICIPANT is unable to attend on the new date. PARTICIPANT can also use the funds towards a future OWNER workshop or retreat anywhere in the world.
CHANGES TO WORKSHOP SCHEDULE
All workshop schedules, instructors, transport and lodging are subject to change at our discretion depending upon weather, health and safety considerations, acts of God or any other factor related or unrelated to photographic opportunities as we see fit.
PARTICIPANT (and PARTICIPANT’s parent(s)/guardian(s), if applicable) hereby acknowledge and understand that voluntary participation in the selected retreat (the “ACTIVITY”) involves the risk of injury and/or death. These risks and dangers may be caused by the negligence of the PARTICIPANT or the negligence of others. By participating in such activities, PARTICIPANT (and PARTICIPANT’s parent(s)/guardian(s), if applicable) expressly assume all the risk, consequences and liability related to this ACTIVITY.
PARTICIPANT (and PARTICIPANT’s parent(s)/guardian(s) if applicable) hereby release, forever discharge and hold harmless TIDESRIGHT, INC., their officers and directors, employees, agents and volunteers from all actions, causes of action, injuries, claims, negligence, costs or expenses, arising out of or related to any such activities. PARTICIPANT (and PARTICIPANT’s parent(s)/guardian(s), if applicable) understands that this is a full and complete release of all injuries and damages, which may be sustained as a result of my participation in the above noted activities.
PARTICIPANT also hereby consents to and authorizes the reproduction, publication, and use by the Owner and participating venue properties for advertising, commercial, or any other purpose, of any photograph, picture video or likeness of myself, my child or other family members.
In consideration for being allowed to participate in this ACTIVITY, PARTICIPANT releases from liability and waive my right to sue TIDESRIGHT, INC. and its employees, officers, volunteers and agents from any and all claims, including claims of negligence, resulting in any physical injury, illness (including death) or economic loss I may suffer or which may result from my participation in this ACTIVITY, travel to and from the ACTIVITY (including air travel), or any events incidental to this ACTIVITY.
PARTICIPANT is voluntarily participating in this ACTIVITY. PARTICIPANT understands that there are risks associated with participation in this ACTIVITY, such as physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss. These injuries or outcomes may arise from PARTICIPANT’s own or other’s actions, inactions, or negligence, or the condition of the ACTIVITY location (s) or facility (ies). Nonetheless, PARTICIPANT assumes all risks of participation in this ACTIVITY, whether known or unknown to PARTICIPANT, including travel to and from the ACTIVITY (including air travel) or any events incidental to this
ACTIVITY.”
PARTICIPANT agrees to hold the TIDESRIGHT, INC. harmless from any and all claims, loss or damage to my personal property, liabilities and costs, including attorney’s fees, as a result of my participation in this ACTIVITY, including travel to and from the ACTIVITY (including air travel) or any events incidental to this ACTIVITY. If TIDESRIGHT, INC. incurs any of these types of expenses, PARTICIPANT agrees to reimburse TIDESRIGHT, INC.
PARTICIPANT has read this document, and PARTICIPANT is signing it freely. (a) PARTICIPANT understands the legal consequences of signing this document, including
releasing TIDESRIGHT, INC. from all liability, (b) waiving PARTICIPANT’s right to sue the TIDESRIGHT, INC., (c) and assuming all risks of participating in this ACTIVITY, including travel to and from the ACTIVITY (including air travel) or any events incidental to this ACTIVITY.
If PARTICIPANT needs medical treatment as a result of participation in this ACTIVITY, travel to and from the ACTIVITY (including air travel), or any events incidental to this ACTIVITY, PARTICIPANT agrees to be financially responsible for any costs incurred as a result of such treatment. PARTICIPANT is aware that the TIDESRIGHT, INC. does not provide, travel, medical emergency or health insurance for me and that I should carry my own insurance.
(If applicable) I am the parent or legal guardian of the PARTICIPANT. I have read this document, and I am signing it freely. I understand the legal consequences of signing this document, including (a) releasing TIDESRIGHT, INC. from all liability on my and the PARTICIPANT’s behalf, (b) waiving my and the PARTICIPANTs’ right to sue the TIDESRIGHT, INC., (c) and assuming all risks of PARTICIPANT’s participation in this ACTIVITY, including travel to and from the ACTIVITY (including air travel) or any events incidental to this ACTIVITY. I allow the PARTICIPANT to participate in this ACTIVITY. I understand that I am responsible for the obligations and acts of the PARTICIPANT as described in this document. I agree to be bound by the terms of this document.
CODE OF CONDUCT
These conduct and safety policies are in place for the safety of all PARTICIPANTs and staff.
We hope to foster an environment where everyone behaves respectfully and appropriately at all times. Adherence to the rules allows us to provide an exciting, fun and safe experience for everyone.
Violations of these policies or codes, as listed below, can result in immediate dismissal without refund at the workshop Director’s discretion.
• Endangering the health and/or welfare of yourself, other PARTICIPANTs or staff in any way whatsoever.
• Offensive, profane and abusive language is unacceptable. Showing disrespect to others, PARTICIPANTs and staff alike, will not be tolerated in
any manner. Any act of physical aggression against a fellow PARTICIPANT or member of staff will result in immediate dismissal.
• Destruction of hotel, camp or villa property is strictly prohibited. Should you damage or destroy any property through vandalism or willful disregard of proper use, above the normal wear and tear, you will become liable and will be asked to reimburse the lodging or other venue for the costs of repairing or
replacing all the destroyed property.
• PARTICIPANTs understand that they may not physically or verbally hurt others, and they will respect the feelings, safety and personal integrity
of themselves and others. Profanities and sexual imagery are not an acceptable part our workshops and retreats.
• Thievery of any kind is prohibited and will be punishable up to and including dismissal from the workshop or retreat.
• TidesRight, Inc. and the lodging venue’s liability for any loss or damage of items brought in by guests to the hotel shall be limited if such items are not deposited at the reception or other designated location. We have the right to refuse to store money, securities and valuable belongings, especially valuables and items of scientific or artistic value if they pose a threat to safety or their value exceeds the standard of the lodging location or if they take up too much space.
We all recognize that these guidelines are for the protection and benefit of all the community. Be agreeing to these rules and regulations you indicate that we have read and accept the guidelines. We understand that any breach of these guidelines or other rules announced by a ACTIVITY director at the workshop or retreat will lead to the stated consequences and/or legal action.