Photographers Trail Notes, LLC Workshops. Terms and Conditions
Caddo Lake Fall Colors Workshops
Liability
By attending one of our workshops, you acknowledge and accept certain risks. Your application to attend the Workshop and the Release of Liability referenced below and signed by you, serves as a release of liability and signifies your complete assumption of all risks associated with attending the Workshop by you and on behalf of your heirs, family members, administrators, executors, successors, and assigns. By accepting our terms of service, you confirm that you understand that travel, regardless of the destination or mode of transportation, carries inherent risks of injury, illness, death, loss, or damage to personal property. These risks may arise from natural events, negligence, or the actions of others. In consideration of your participation in a workshop, activity, or any program conducted by Photographers Trail Notes, LLC, you voluntarily release Photographers Trail Notes, LLC, and its principals, managers, officers, employees, contractors, representatives and agents and each of their successors and assigns (collectively the “Company Group”), from any Claims (as such term is defined in the Release of Liability. .
By participating, you agree to assume all risks associated with these activities. You acknowledge that traveling to remote, mountainous, or wilderness-like areas, which may not be maintained to the standards you are accustomed to, can involve additional risks, dangers, and inconveniences. These may include, but are not limited to, terrorism, natural disasters, encounters with wild animals, hotel accommodations, air travel, vehicles, trains, roads, walkways, trails, and other means of transportation, as well as other unknown risks. You also recognize 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 or for any dietary requirements that you may have.
Unless accompanied by a parent or legal guardian (with our approval), participants must be at least 21 years old to attend our workshops. By submitting your application and the referenced Release of Liability, you confirm that you fully understand and agree to release, indemnify, protect, defend and hold harmless, discharge, and release from liability the Company Group from any and all Claims (as such term is defined in the Release of Liability) l that may arise in connection with your participation in the Workshop or any activities arranged or related thereto.
You also acknowledge that traveling with a group often requires compromise to accommodate the diverse desires, travel goals, personalities, and physical abilities of all members. While we carefully plan itineraries, they should be viewed as guidelines rather than guaranteed schedules of activities, events, or participation. Participants must remain flexible and accept any changes deemed necessary by the program leader or professional guides. Additionally, unforeseen circumstances such as geographic, climatic, physical, or governmental factors may cause changes in timing, locations, and activities. Therefore, you agree that no discounts or refunds will be issued for activities that are altered or affected by these circumstances.
You will be responsible for reviewing all pre-trip information, bringing the appropriate equipment, personal items, and clothing, adhering to standards of dress and hygiene, and behaving considerately towards fellow participants, locations, and environments. We reserve the right to cancel any activity and to accept or reject any individual as a participant. The judgment of the workshop or trip leader will be the final determination of an individual's ability to participate in or continue with any activity or program.
Health and Fitness
You are responsible for selecting an activity that aligns with your physical abilities and interests. It is important to ensure that you are in good health to participate. By accepting our terms of service and paying your deposit, you certify that you do not have any known physical conditions or disabilities that could pose a risk to yourself or other participants. Additionally, you authorize Photographers Trail Notes, LLC and/or its trip leader to provide medical assistance in the event of an emergency. We reserve the right to request a doctor’s statement confirming your good health. If, after making reasonable accommodations for your physical abilities, the trip leader determines that your continued participation would negatively impact the group's experience, you may be removed from the workshop. Any expenses incurred due to your early departure will be your responsibility. We also reserve the right to assess your fitness for the trip based on any new information you provide prior to the start of the trip.
Not Included
Air transportation and related fees (unless otherwise specified in the itinerary), optional activities listed in the itinerary, gratuities (unless noted otherwise), passport and visa expenses, baggage/accident/cancellation insurance, personal expenses such as laundry and telephone calls, meals (except as stated in the itinerary), alcoholic beverages, and any other items not explicitly mentioned as included.
Insurance
If you do not have an existing policy, we strongly recommend purchasing travel insurance. This type of insurance typically covers losses related to trip cancellation and interruption, travel delays, loss of baggage and travel documents, baggage delays, medical emergencies, and accidental death. Additionally, if you are traveling outside your home country, we highly recommend obtaining travel medical insurance to ensure that you are covered in case you need medical care or hospitalization.
Cancellation or Change of a Workshop
While Photographers Trail Notes, LLC will make every effort to operate a trip once it is confirmed, we reserve the right to cancel or change a trip at any time due to insufficient bookings or for reasons beyond our control that may create unsafe or undesirable travel conditions for participants. In such cases, a full refund will be issued. However, the financial liability of Photographers Trail Notes, LLC is limited to the amount paid for the workshop and does not extend to cover any associated travel costs incurred, such as non-refundable airfare, visa fees (if applicable), clothing, equipment, miscellaneous transportation costs, medical expenses, travel insurance premiums, and others. We also reserve the right to refuse acceptance of any participant for any reason at any time, and we are not responsible for any additional expenses incurred by those participants.
Cancellation and Refund Policy
To reserve your spot for the workshop, a non-refundable deposit of $500 is required in advance. This deposit will secure your place if it is accepted within 48 hours of submission. If your deposit is not accepted, it will be returned to you within 48 hours.
Cancellations must be made in writing by emailing us at contact@photographerstrailnotes.com. We understand that participating in our workshops requires a commitment, and unforeseen circumstances may arise that could lead to your cancellation. Depending on the cancellation date, the following policies will apply:
CANCELLATIONS MADE BEFORE 120 DAYS WILL RECEIVE A FULL REFUND (MINUS THE $500 DEPOST).
CANCELLATIONS WITHIN 120 DAYS OF THE WORKSHOP ARE NON-REFUNDABLE. HOWEVER, IF WE ARE ABLE TO FILL THE VACANCY, THE PARTICIPANT WILL RECEIVE A FULL REFUND MINUS THE $500 DEPOSIT.
Use of Likeness, Image, Name, and Testimonials
We reserve the right to take photographs or videos during any workshop and to use these images for promotional purposes, including advertising and publicity in both print and electronic media. By booking a reservation with Photographers Trail Notes LLC, participants agree to allow their images to be used in such photography. If you prefer that your image not be used, please inform your tour leader at the beginning of your trip. We also reserve the right to use any written reviews or behind-the-scenes photos you provide for our advertising and publicity in both print and electronic formats.
Arbitration
You agree that any claims, controversies, or disputes (“Disputes”) related to the enforcement or interpretation of this document, or arising from your registration, participation, or attendance at a Photographers Trail Notes LLC workshop, will be shall be resolved exclusively through final and binding arbitration, it being the intention of the parties that this is a broad form arbitration agreement designed to encompass all possible Disputes, including Disputes about the arbitrability of a Dispute.
The substantive laws of the State of Texas, exclusive of any conflicts of laws principles that could require the application of any other law, shall govern this Agreement for all purposes.
This arbitration will follow the rules and regulations of the American Arbitration Association and will take place in Harris County, Texas. By agreeing to this, you waive your right to bring an action before a judge or jury in any court and understand that you are giving up your rights to discovery and appeal.
Any party may refer a Dispute for final settlement by arbitration in Houston, Texas, United States of America (which shall be the seat of arbitration) under the then in force Commercial Arbitration Rules of the American Arbitration Association (for the purposes of this section, “AAA”). The Dispute shall be decided by a single arbitrator mutually nominated by the parties; provided, however, in the event the parties are unable to mutually agree on an arbitrator, the arbitrator shall be selected by the AAA. Prior to the arbitration hearing, any party may unilaterally exclude an arbitrator if such party provides clear evidence that such arbitrator selected is materially prejudiced or biased or would otherwise be unable to fairly resolve such Dispute. In the event an arbitrator is excluded by a party as provided above, the AAA shall select an alternate arbitrator.
A party who desires to submit a Dispute for resolution shall commence the dispute resolution process by providing the other party to the Dispute with written notice of the Dispute (“Notice of Dispute”). The Notice of Dispute shall identify the parties to the Dispute and contain a brief statement of the nature of the Dispute and the relief requested. The submission of a Notice of Dispute shall toll any applicable statutes of limitation related to the Dispute, pending the conclusion or abandonment of Dispute resolution proceedings.
The arbitrator shall decide according to law, and not ex aequo et bono. The arbitration award shall be final and binding upon the parties concerned, and each party hereby waives any claim or appeal whatsoever against it, or any defense against its enforcement against such party. Any decision or award shall be in writing and shall state the conclusions of law and fact and shall include an assessment of costs and expenses in accordance with this Agreement. Judgment upon the award rendered may be entered in any court having appropriate jurisdiction, or application may be made to such court for judicial acceptance of the award and an order of enforcement, as the case may be.
The parties acknowledge that remedies at law may be inadequate to protect against breach of this Agreement. The arbitrator may, therefore, award both monetary and equitable relief, including injunctive relief and specific performance. A party may apply to any competent judicial authority for interim or conservatory relief. The application for such measures or for the enforcement of such measures ordered by the arbitrators shall not be deemed an infringement or waiver of the agreement to arbitrate and shall not affect the powers of the arbitrator..
Itinerary Changes
The weather can be unpredictable, and storms may occasionally cause road closures, making it difficult or impossible to access intended locations. In the event of such weather situations or closures, we may need to alter some or all of our published itinerary.
Travel Documentation
You must ensure you have the correct travel documents and immunizations. Verify with the relevant consulates or visa agencies to determine if a visa is required. A valid passport is necessary for international travel.
Leave No Trace
By registering for a Photographers Trail Notes, LLC workshop, you acknowledge that Photographers Trail Notes, LLC follows a Leave No Trace ethic for its activities in nature and on public lands. You agree to adhere to Leave No Trace best practices, as well as other relevant practices for the areas you will visit during the program. This commitment helps minimize and mitigate your impact on the locations visited during Photographers Trail Notes, LLC workshops. You agree to follow Leave No Trace best practices or other best practices specific to the areas you will visit in order to minimize your impact during the program. Click here for information on Leave No Trace principles and practices.
All participants will be required by the National Park Service to sign and return an Acknowledgment of Risk form. This Acknowledgment and Assumption of Risks and Release and Indemnity Agreement does not imply that the participant or parent is releasing Photographers Trail Notes, LLC from liability for injuries, damages, death, or other losses that may occur within the jurisdiction of the National Park Service due to the negligence, gross negligence, recklessness, or intentional conduct of Photographers Trail Notes, LLC. This includes any negligence related to judgments and decisions made by Photographers Trail Notes, LLC, as well as any failure to take reasonable precautions to ensure the provision of safe and defect-free equipment