PURCHASE AGREEMENT, WAIVER SHEET, RELEASE, WAIVER AND INDEMNITY AGREEMENT
By signing up for one of the Finding Heart Workshops you agree to the following:
IN CONSIDERATION of being given the opportunity to participate in a Finding Heart Workshop (hereinafter referred to as the “Workshop”) hosted by Ashley Kaplan and Iris Hu (hereinafter referred to as the “Instructors”), I, (hereinafter referred to as the “attendee”) for myself, my personal representatives, assignees, heirs, and next of kin:
Liabilities
I ACKNOWLEDGE and agree that I understand the nature of Workshop activities, and that I am qualified, in good health, and in proper physical condition to participate in such Activity.
I FULLY UNDERSTAND that: (a) Workshops are conducted in outdoor environments, and that accordingly I and my photography equipment may be exposed to dangers and hazards both natural and man-made; (b) Workshop activities involve risks and dangers of serious bodily injury (including permanent disability, paralysis and death), as well as risks and dangers to photography equipment; (c) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating in the Workshop, the condition in which the Workshop takes place, or the negligence of the Releasee (the instructors); (d) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time. I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation in the Workshop.
I HEREBY RELEASE and discharge not to sue Instructors from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees, from any litigation’s expenses, attorney fees, loss, liability, damage, or cost which may incur as a result of any such claim.
I UNDERSTAND that travel with a group invariably involves compromise to accommodate the diverse desires, travel goals, personalities, and physical abilities of group members. I 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 instructors. 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. I understand that there will be no discounts or refunds for activities curtailed or otherwise affected by such circumstances.
I have assumed the responsibility to select an activity appropriate to my physical abilities and interests. I am personally responsible for being in sufficiently good health to undertake the activity. By submitting this signed waiver form, I certify that I do not knowingly have any physical or other considerations of disability that would create a risk for me or other participants. We reserve the right to request a doctor’s statement of good health.
I 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. We reserve the right to cancel any activity and to accept or reject any person as a member of any activity. The instructors’ judgment shall provide the ultimate determination of an individual’s ability to participate in, or continue to participate in, any activity or program.
Booking, Cancellation or Change of a workshop
A non-refundable deposit of the amount stated in the workshop description is required at the time of booking.
The balance on the cost of the workshop will be due 90 days before the workshop starts. If full payment is not received by the specified dates we reserve the right to treat the booking as canceled and retain the deposit.
If a booking is made less than 90 days prior to the departure date, the full cost of the workshop is payable at the time of booking.
Any cancellation by the client must be made in writing. The date on which the letter is received by us, will determine the cancellation charges that are applicable. These charges are expressed as a percentage of the total workshop price and are as follows: More than 90 days before departure: Loss of deposit; 90-60 days before departure 75% of total cost; 60-30 days before departure 85% of total cost, 30 days or less before departure 100% of total cost.
Rooms will be allocated on a first-come first-serve basis.
Credits and Copyrights
All information and education discussed, given or shared with the attendees during the workshop is for the attendees ONLY and should not be discussed in part or in its entirety with any photographer or persons who have not attended the workshop. All materials are protected under copyright law and should not be distributed without the express consent of the instructors.
Attendees are not permitted to use images taken at the retreat for commercial purposes. Image usage is for portfolio use only (website, Facebook and other social media). Social media usage is allowed only to showcase portfolio. Attendees are not permitted to submit photos taken during the retreats to magazines, contests, or exhibitions without the expressed consent of the instructors.
Attendees grant to the instructors the permission to the above-mentioned images either separately or together, either wholly or in part, the perpetual and irrevocable and unrestricted right to use and publish video and/or photographs of attendees, or where attendees may be included for workshop advertising and other business purposes in any manner and medium. Credit to the Workshop and Instructors MUST be given at all times.
Attendees must have basic knowledge of camera function.
The attendee agrees to conduct himself/herself with due regard to general etiquette and treat others with respect. Rude and disruptive behaviors are not tolerated. Any continued disruption of the workshop will result in removal of the attendee from the workshop with no refunds given.
If due to Covid 19 or another unforeseen circumstance instructors need to reschedule the workshop, instructors will collectively find new dates, but no refunds will be given. Attendees would be welcome to sell the seat if the new dates do not work for the attendee.
General Attendee Release
I authorize the instructors to use and to create images for promotional material, online usage, and other areas of marketability. I further authorize the distribution of photographs to potential Models of the Photographer for portfolio purposes. I agree and understand that the photos will be taken digitally.
I further acknowledge that I will not be compensated, either now or at any time in the future, for any use of marketing and that the instructors of such retreats choose to use.
I acknowledge and agree that instructors shall have the exclusive, perpetual and irrevocable right to take, use, re-use, publish and republish photographic materials, which contain my image.
If a refund is mutually agreed upon due to unforeseen circumstances due to an event out of the attendees control, the refund will be for monies paid LESS the fees and deposit. The deposit is always non-refundable.
CONTRACT is deemed signed by clicking the purchase button for chosen retreat.
Right to Refuse Service
In order to maintain a high standard of service and provide a safe learning environment for its participants, Finding Heart Workshop reserves the right to refuse or discontinue service to workshop participants. Service may be denied to any guest who acts inappropriately by disrupting the normal provision of services, or if a guest’s behavior or environment threatens the safety or well-being of hosts or participants.