Terms and Conditions
Juan Pons Photography / Juan A. Pons
PURCHASE AGREEMENT, WAIVER SHEET, RELEASE, WAIVER AND INDEMNITY AGREEMENT
By signing up to one of my workshops you agree to the following:
IN CONSIDERATION of being given the opportunity to participate in a Juan Pons Photography Workshop (hereinafter referred to as the “Workshop”), I, for myself, my personal representatives, assigns, heirs, and next of kin:
ACKNOWLEDGE, agree and represent 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.
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 palace, or the negligence of the Releasee names below; (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, discharge, and covenant not to sue Juan Pons Photography, and/or Juan A. Pons, their owners, directors, agents, officers, independent contractors, volunteers and employees, any sponsors, advertisers, and if applicable, owners and lessors of premises, on which the Workshop takes place, (each considered one of the Releasees herein) 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.
You must understand that travel with a group invariably involves compromise to accommodate the diverse desires, travel goals, personalities, and physical abilities of group members. You 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 program leader or professional guides. 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. You understand that there will be no discounts or refunds for activities curtailed or otherwise affected by such circumstances.
You have assumed the responsibility to select an activity appropriate to your physical abilities and interests. You are personally responsible for being in sufficiently good health to undertake the activity. By submitting this signed waiver form, you certify that you do not knowingly have any physical or other considerations of disability that would create a risk for you or other participants. We reserve the rights to request a doctor’s statement of good health.
You 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 program, workshop, expedition, excursion, or trip leader’s judgment shall provide the ultimate determination of an individual’s ability to participate in, or continue to participate in, any activity or program.
The following paragraph only applies to workshops taking place on US National Parks
Nothing in this Acknowledgement and Assumption of Risks and Release and Indemnity Agreement shall be interpreted as the participant and parent releasing Juan Pons Photography from liability for injuries, damage, death, or other loss to participant or others that may occur within the jurisdiction of the National Park Service and is caused by Juan Pons Photography negligence, gross negligence, recklessness, or intentional conduct, including but not limited to any negligence with respect to Juan Pons Photography judgments and decisions, or Juan Pons Photography failure to take reasonable precautions to ensure it provides defect-free equipment.
I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing up to one of the workshops and have agreed to this agreement freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
Cancellation or change of a workshop
Juan Pons Photography promises to make every effort to operate a scheduled photo workshop once it’s confirmed, we do reserve the right to cancel or change a trip at any time due to lack of required number of participants, and/or reasons beyond our control that might create unsafe or undesirable travel conditions for the participants. In the rare case that we do decide to cancel a workshop, we do not and cannot promise refunds, credits or re-booking. It is possible that we may choose to re-schedule the workshop for a later time or issue a credit for a future workshop or decide to issue you a refund, minus any non-refundable deposits we have paid on your behalf and/or any administrative fees. This decision is entirely at our discretion. Having said all of that, rest assured that we will do our best to do right by you. Under no circumstances will we be liable for any costs incurred by a participant in relation to a workshop.
Cancellation and Refund Policy
Every workshop has a unique cancellation policy and timeline. Please make sure to take note of these on each individual workshop page. This policy is non-negotiable.
For ALL workshops we HIGHLY recommend Travel Insurance. For some workshops we also highly recommend medical and evacuation insurance. Some workshops will require these and some may include some or all of these. This will be indicated in the individual workshop page.
We recommend you purchase insurance from a reputable company. We have partnered with Squaremouth a website that allows you to compare multiple travel policies from multiple providers to choose the best one for you based on your needs and costs. Check them out here: https://www.squaremouth.com/