Terms And Conditions
OUR SERVICES
Face The Outdoors Photography, hereby referred to as FTOP, provides guided photography workshops. These Terms and Conditions apply to every FTOP workshop. Where an individual workshop carries unique terms, those terms appear on that workshop's page and override the general terms below.
CANCELLATION POLICY
We understand that life happens. If you need to cancel a reservation, please contact FTOP as soon as possible. All cancellations must be requested by email to [email protected]. We strongly recommend that every participant purchase Travel Insurance to cover non-refundable fees and travel expenses. Any cancellation or change is subject to a non-refundable change fee, as detailed below.
Any change or cancellation will incur a change fee of $500 USD per person for international workshops, and $250 USD per person for domestic workshops.
At the time of booking, you may pay a deposit or the full workshop amount. If you pay the deposit, a reminder for the remaining balance will be sent ahead of the balance-due date stated in the workshop description, before the workshop start date.
For cancellations more than 121 days before the start of the workshop, we will fully refund all money paid and charge the change fee once we fill the vacancy. If we are unable to fill the vacancy, your deposit can be applied to a future workshop within 365 days of the cancellation date.
Cancellations 120–91 days before the workshop: 75% will be refunded, less the non-refundable deposit.
Cancellations 90–61 days before the workshop: 50% will be refunded, less the non-refundable deposit.
Cancellations 60–0 days before the workshop are not eligible for a refund unless we are able to fill the vacancy.
Certain workshops, especially non-US workshops, carry unique cancellation terms and conditions. These will be clearly stated on the workshop page, checkout forms, and associated liability waivers, and will override the general cancellation terms contained here.
No refunds are given for individually customized workshops. However, you may reschedule to a different date within 365 days of the cancellation date.
We strongly recommend that all participants purchase Travel Insurance to cover non-refundable deposits and workshop fees.
ACCOMMODATIONS
Where lodging is included in a workshop, the occupancy basis — single or shared — is stated on that workshop's page. For single-occupancy workshops, each participant has their own private room, and no shared-room or single-supplement arrangement applies. Included lodging covers only the published workshop dates. Any nights before or after the workshop, and all travel to and from the workshop location, are the participant's responsibility.
Where lodging is not included, the participant books and pays for their own accommodations directly; FTOP may arrange a discounted rate but is not party to the reservation.
ADDITIONAL ITEMS
Any non-refundable fees paid to a third party in connection with your workshop cannot be refunded.
FTOP cannot offer partial refunds for unused Services. If you have to cut your workshop short, no refunds can be given.
Cancellation fees and forfeited deposits are non-transferable to other people.
If you are not present at the time of workshop departure, we will try our best to contact you. We cannot offer any refunds for no-shows.
WORKSHOP CANCELLATION
FTOP will do everything in its power to prevent workshop cancellation. However, in the event a workshop must be cancelled due to low participation, guide sickness, accident or death, or the passage of law or any action taken by a governmental or public authority — including changes in quota, restrictions, or prohibitions — FTOP will promptly refund all fees paid, minus non-refundable fees paid to third parties. Should this unfortunate event occur, FTOP will inform all participants as soon as possible. FTOP is not responsible for your personal travel expenses or any other expenses incurred in preparing for the workshop. It is for this reason, among others, that we strongly recommend you purchase Travel Insurance.
TRAVEL INSURANCE
FTOP highly recommends that all participants purchase their own health, disability, life, and travel insurance. It is the participant's responsibility to carry adequate health and injury insurance for the areas we will visit. FTOP is not responsible for any health or injury liability or camera equipment damage.
HEALTH AND PHYSICAL FITNESS
FTOP does not require any COVID testing. However, the health and safety of our participants and staff are our foremost priority. Anyone with active symptoms of a transmissible disease must wear a mask or refrain from attending the workshop until those symptoms resolve.
FTOP's workshops can be physically demanding. FTOP clearly labels each workshop with a Physical Difficulty Rating. It is the participant's sole responsibility to ensure they have sufficient fitness for their intended workshop.
FTOP strongly advises that participants purchase Travel Insurance to protect against any unexpected changes, interruptions, or cancellations due to health or illness.
ITINERARY CHANGES AND DELAYS
FTOP will do its best to honor the published itinerary. However, there are circumstances outside our control that may cause changes or omissions. Examples include inclement weather, geopolitical events, unexpected closures, transportation delays, sickness, or other events identified in the Workshop Cancellation section above. No refunds are given for these adverse circumstances.
PARTICIPANT RESPONSIBILITY
FTOP reserves the right to accept or decline a participant for any reason allowable by law. FTOP expects all participants to act in a polite and law-abiding manner. Any illegal activity, drunkenness, illegal drug use, poor treatment of other participants or staff, disrespectfulness, and the like will not be tolerated. FTOP reserves the right to send participants home early at their own expense if they cannot comply with these expectations.
RELEASE OF PHOTO/VIDEO RIGHTS
FTOP reserves the right to take photographs, videos, and/or sound recordings during its workshops. The resulting media may be used in whole or in part for promotional purposes, including but not limited to advertising and publicity in both print and electronic media. By booking a workshop with FTOP, the participant agrees to allow his/her likeness to be used by FTOP without compensation. If the participant prefers that his/her likeness not be used, he/she must notify FTOP in writing prior to the scheduled workshop. We also reserve the right to use, in whole or in part, any written reviews or feedback you may provide in our advertising and publicity in both print and electronic media.
LIMITATION OF LIABILITY
FTOP may work with third-party hotel operators, transportation providers, food and beverage establishments, and other independent service providers for its workshops. Although FTOP strives to use good and reputable service providers, their individual actions are not subject to FTOP's control. Neither FTOP, its affiliates, owners, employees and contractors, nor any associated organization shall be held liable for any act, injury, loss, expense, damage, deviation, delay, curtailment, or inconvenience caused to or suffered by any person or their property. FTOP disclaims any liability for any: (a) act, neglect, or default of FTOP, or of any persons for whom it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle, or other equipment or instrumentality under the control of independent suppliers. In addition, FTOP cannot be liable for delays in departure or interruption of your travel arrangements caused by weather conditions, technical problems with any transportation mode or other equipment or instrumentality, or any causes beyond the control of FTOP. In no event will FTOP be responsible for incidental, consequential, or special damage or loss suffered by any person. FTOP's maximum liability, for any reason whatsoever, will be limited to the amount paid to FTOP for its Services.
In issuing tickets and coupons for transportation of the purchaser by any means, and in making arrangements for hotel or other accommodation, FTOP is not acting as principal but only as agent for the other companies, corporations, or persons. The participant further understands that FTOP neither owns, controls, nor operates such third-party suppliers, and accordingly agrees to seek remedies directly and only against those suppliers, and not to hold FTOP responsible for their acts, negligence, or omissions.
Without limitation, FTOP is not responsible for any injury to person or damage to property arising out of any negligent acts or omissions of itself or of any persons for whom it would otherwise be responsible, or acts which are beyond its control, including but not limited to acts of God or force majeure, weather emergencies, breakdown or failure of mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of emergency evacuation, medical care or the adequacy of the same, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, customs, regulations, epidemics, strikes, travel provider overbooking, safety and/or security standards at hotels, accommodations, or otherwise, any problems or injuries whatsoever arising from hiking, or for any other reason beyond the control of FTOP. The participant is solely responsible for any costs for medical evacuation, use of aircraft, or other unplanned expense.
ARBITRATION
Any controversy or claim arising out of or relating to this Agreement or the performance thereunder, including without limitation any claim related to bodily injury, property damage, or death, shall be settled by binding arbitration in Fairbanks, Alaska, USA, in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. This Agreement to arbitrate does not waive or modify the liability release contained in this document. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right to veto one arbitrator. There will be judicial review of the arbitrator's decision if either side can show plain error in the application of law or an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein.
WAIVER OF JURY TRIAL
In connection with any action or legal proceeding arising out of this Agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.
ACKNOWLEDGEMENT OF RISK
The participant on any FTOP workshop understands and acknowledges that travel on an organized workshop with FTOP may involve risk and potential exposure to injury and possibly death. You also realize and acknowledge that these risks and dangers may be caused by the negligence, fault, or wrongdoing of the owners, employees, or contractors of FTOP, or of other participants, contractors, and/or subcontractors of FTOP. Risk and dangers may arise from foreseeable and unforeseeable causes. The participant fully understands and acknowledges that the aforementioned risks, dangers, and hazards are a potential in connection with your workshop.
EXPRESS ASSUMPTION OF RISK
In recognition of the inherent risk of the travel and related activities in which you intend to engage, you confirm that you are physically and mentally capable of participating in the activity, that you are willingly and knowingly electing to participate in this workshop in spite of the potential risk of danger, and that you knowingly, willingly, and voluntarily assume full responsibility for any injury, loss, or damage suffered by you or caused by you, whether caused in whole or in part by the negligence, fault, or wrongdoing — whether expected or not — of the owners, employees, contractors, or subcontractors of FTOP, or of other participants. You understand and acknowledge that, due to the remoteness of where we travel, emergency evacuation and/or search and rescue may be delayed or unavailable, and that medical facilities and supplies may be limited; you acknowledge that it is your responsibility to assess the impact such limitations may have on any existing medical condition(s). You understand and acknowledge that FTOP reserves the right to accept or reject any participant for any legal reason, and that FTOP or its guide has the right to disqualify you from any workshop activity if, in FTOP's judgment, you are incapable of that activity and/or your continued participation will endanger yourself or the safety of the group. It is your responsibility and obligation to inform FTOP, at the time your reservation is made, of any medical or physical disability, including food allergies, or any limitation that might disable you or render you unable to perform or safely complete the workshop or any activity on it. You further acknowledge that you are the best judge of your own conditions and limitations, and that it is incumbent upon you to fully disclose the full extent of any such conditions or limitations to FTOP.
RELEASE OF LIABILITY
In consideration of the Services and arrangements provided by FTOP, you, for yourself and for your heirs, personal representatives, or assigns, do hereby release, waive, discharge, hold harmless, and agree to indemnify FTOP and its owners, agents, employees, contractors, subcontractors, and affiliates from any and all claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of Services, lost profits, consequential, exemplary, indirect, or punitive damages, or otherwise, which may arise out of or occur during your travel in connection with FTOP's Services and any activities conducted in conjunction therewith. YOU SPECIFICALLY UNDERSTAND AND AGREE THAT YOU ARE RELEASING, DISCHARGING, AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS, OMISSIONS, OR CONDUCT OF THE OWNERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, OR AFFILIATES OF FTOP.
ACKNOWLEDGEMENT
By booking this workshop, you have, on the date booked, read and understood these terms and conditions. I acknowledge that these terms and conditions affect my legal rights, and I agree to be bound by their terms. My booking also signifies my intention (on behalf of myself and all other customers/participants for whom I am purchasing the package) to relieve and indemnify Face The Outdoors LLC, d/b/a "Face The Outdoors," d/b/a "Face The Outdoors Photography," its owners, employees, affiliates, agents, contractors, and subcontractors from any liability for personal injury, emotional injury or distress, property damage, or wrongful death which I/we might suffer during participation in FTOP's Services.