OUR SERVICES: Action Photo Tours LLC, hereby referred to as APT, provides photo tours, multi-day workshops, and other Services. Together, these are hereby referred to as “Services”. CANCELLATION POLICY: We understand that life happens. If you must cancel a reservation, please contact Action Photo Tours (APT) as soon as possible. All cancellations must be requested via email and we will try our best to accommodate. Please note that the cancellation policy is different for photo workshops vs daily/overnight tours. We highly recommend that all trip participants purchase Travel Insurance to cover any non-refundable fees and travel expenses. Any cancellations or changes will be subject to a non-refundable change fee as detailed below. Daily/Overnight Trips: - Any changes or cancellations will incur a $50 USD change fee per person.
- More than 30 days prior to departure: Full refund of all fees paid minus change fee.
- Between 15 to 30 days before departure: Refund of 50% of fees paid minus change fee. The 50% non-refunded fee can be applied to a future trip within 365 days of the cancellation date.
- Within 15 days of departure: No refunds can be given.
- Our daily and overnight trips have a two-person minimum. In the event there is only one participant on the date of the scheduled tour, we will give you the option to pay the 2-person rate, reschedule to a different date, or cancel the tour with a full refund.
- We strongly recommend that all participants purchase Travel Insurance to cover any non-refundable deposits and fees.
Multi-Day Photo Workshops: - Cancellations or changes will incur a $300 USD admin fee per person.
- Once a cancelled spot is filled by another participant, a FULL REFUND will be issued to the original form of payment and the admin fee will be charged as a separate transaction. If the workshop was previously sold out, APT will contact the waitlist and then open the workshop to public booking.
- If you pay the deposit at the time of booking, the remaining balance will be charged approximately 120 days prior to departure.
- Instead of cancelling your booking, you can transfer to a different workshop up until 180 days from the workshop start date. Transfers less than 180 days will be treated on a case-by-case basis depending on demand. Contact Us for more info.
- Certain workshop may have unique cancellation terms and conditions. These terms and conditions will be clearly stated on the workshop webpage. Any unique cancellation terms and conditions will override the generic workshop cancellation clauses contained herein.
- No refunds will be given for individually customized workshops. However, you can reschedule the workshop to a different date within 365 days of the cancellation date.
- We strongly recommend that all participants purchase Travel Insurance to cover any non-refundable deposits and workshop fees.
Additional Items: - Action Photo Tours (APT) cannot offer partial refunds for unused Services. If you have to cut your trip 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 trip departure, we will try our best to contact you. We cannot offer any refunds for no-shows.
- In the event inclement weather keeps us from being able to access our primary destination, APT reserves the right to change the itinerary as required. No refunds can be made for weather conditions. There are many alternate locations we can take you to when the weather is poor.
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TRIP CANCELLATION: APT will do everything in their power to prevent trip cancellation. However, in the event a trip must be cancelled due to low participation rates, guide sickness, accident or death, and passage of Law or any action taken by a governmental or public authority, including changes in quota, restrictions or prohibitions, APT will promptly refund all fees paid minus nonrefundable fees paid to the third party. Should this unfortunate event occur, APT will inform all trip participants as soon as possible. APT is not responsible for your personal travel expenses to the gateway location or any other expenses incurred in preparing for the trip. It is for this reason and others, we strongly recommend that you purchase Travel Insurance. TRIP INSURANCE: APT carries the necessary permits and liability insurance for legal operation. APT highly recommends that all trip participants purchase their own health, disability, life, and travel insurance. It is the participant’s responsibility to have adequate health and injury insurance for the areas we will visit. APT is not responsible for any health or injury liability. HEALTH AND PHYSICAL FITNESS: As of Dec 1, 2022, APT has removed the pre-workshop Covid testing requirement. 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 not attend the tour or workshop until the symptoms resolve. APT's tours and workshops can be physically demanding. As such, APT clearly labels each tour and workshop with a Physical Difficulty Rating. It is the participant's sole responsibility to ensure they have sufficient fitness for their intended tour or workshop. APT recommends you consult a physician before booking as APT cannot make any exceptions to the Cancellation Policy for medical reasons. APT, in its sole discretion, reserves the right to ask for a doctor’s statement of good health and fitness. APT recognizes that participants have varying abilities, health, and fitness and will make a best attempt for reasonable accommodation without undermining the itinerary and goals of the group. APT strongly advises that participants purchase Travel Insurance to protect against any unexpected trip changes, interruptions, or cancellations due to health or illness. ANIMALS: Pets and animals are not allowed on our tours or workshops. For those with a certified service animal, we recommend booking a private tour to minimize disruptions to other guests. DOUBLE OCCUPANCY: When lodging is included in the price, you may have to choose between double or single occupancy. If booking as a single traveler, double occupancy cannot be guaranteed. If APT can find another participant of the same gender that also wants double occupancy, we will attempt to pair you up. In the event we cannot find a suitable match OR the person you were previously matched with cancels their reservation, you will be asked to upgrade and pay for single occupancy. This does NOT constitute an exception to our cancellation policy. However, if you book a reservation for two-people, double occupancy can be guaranteed. INSTRUCTORS Due to scheduling complexities with our daily/overnight tours, we may not know which instructor will accompany your group until a day or two prior. If you would like to request a specific instructor, please Contact Us. Will do our best to accommodate your request, but please understand we make no guarantees. For multi-day workshops, any change of instructor(s) will be communicated ahead of time. ITINERARY CHANGES AND DELAYS APT will do its best to honor the published itinerary. However, there are circumstances outside our control that may cause changes or omissions. Examples of these unforeseen circumstances include inclement weather, geopolitical events, unexpected closures, transportation delays, sickness, or other events identified in the Trip Cancellation section above. No refunds will be given for these adverse circumstances. INCREASING COSTS Certain trips include fees levied by third parties such as Native American Tribes, Government Agencies, and International Operators. Should these fees increase between the time of booking and trip occurrence, APT reserves the right to adjust its fees to accommodate for the increased fees. This does not constitute an exception to the cancellation policy. PARTICIPANT RESPONSIBILITY APT reserves the right to accept or decline a participant for any reason allowable by law. APT expects that all participants act in a polite and law-abiding manner. Any illegal activity, drunkenness, illegal drug use, poor treatment of other tour participants or staff, disrespectfulness, etc. will not be tolerated. APT reserves the right to send participants home early at their own expense if they cannot comply with these expectations. RELEASE OF PHOTO/VIDEO RIGHTS APT reserves the right to take photographs, videos, and/or sound recordings during the operation of any tour. The resulting media can be used in whole or in part for promotional purposes, including, but not limited to: advertising and publicity both in print and electronic media. By booking a tour with APT, the participant agrees to allow his/her likeness to be used by APT without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify APT in writing prior to scheduled tour. We also reserve the right to use, in all or in part, any written reviews or feedback you may provide to us in our advertising and publicity both in print and electronic media. LIMITATION OF LIABILITY APT may work with third-party hotel operators, transportation providers, food & beverage establishments, and other independent service providers for its tours. Although APT tries to utilize good and reputable service providers, their individual actions are not subject to APT’s control. Neither APT, its affiliates, owners, employees and contractors, nor any associate 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. APT disclaims any liability for any: (a) act, neglect or default of APT, 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, APT 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 APT. In no event will APT be responsible for incidental, consequential or special damage or loss suffered by any person. APT’s maximum liability, for any reason whatsoever, will be limited to the amount paid to APT for its Services. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, APT is not acting as principal but only as agent for the other companies, corporations or persons. The participant further understands that APT neither owns, controls, or operates such third-party suppliers and accordingly, agrees to seek remedies directly and only against those suppliers and not hold APT responsible for their acts, negligence, or omissions. Without limitation, APT 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 diving or 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 APT. 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 Kane County, Utah, 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 be able to show 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 in any APT tour or workshop understands and acknowledges that your travel in an organized tour by APT may involve risk and potential exposure to injury and possibly death. You also realize and acknowledge that risk and dangers may be caused by the negligence, fault or wrongdoing of the owners, employees, contractors of APT or of other participants, contractors and/or subcontractors to APT. 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 tour or workshop. I Agree
EXPRESS ASSUMPTION OF RISK: In recognition of the inherent risk of the travels and related activities in which you are intending 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 tour in spite of the potential risk of danger, and 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 APT 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 and 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 APT reserves the right to accept or reject any participant for any legal reason, and APT or its guide has the right to disqualify you from any trip activity, if in APT’s judgement, you are incapable of that activity and/or your continued participation in the tour will endanger yourself or the safety of the group. It is your responsibility and obligation to inform APT, at the time your reservation is made, of any medical or physical disability, including food allergies, or limitation that might disable you or render you unable to perform or safely complete the tour or any activity on the tour. 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 APT. RELEASE OF LIABILITY: In consideration of the Services and arrangements provided by APT, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify APT, 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 APT’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 APT. ACKNOWLEDGEMENT: My signature below indicates that I (on behalf of myself and all other customers/participants for whom I am purchasing APT’s Services) have, on the date shown, 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 signature also signifies my intention (on behalf of myself and all other customers/participants for whom I am purchasing the travel package) to relieve and indemnify Action Photo Tours LLC, d/b/a “Action Photo Tours”, 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 APT’s Services.
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