Scott Fishman Photography, Inc. will provide educational enrichment as outlined in its publications and on its website and has licensed qualified professional tour operators to organize and administer Scott Fishman Photography, Inc. adventures. The designated tour operator, in turn, acts only as an agent for any transportation carrier, hotel, ground operator, or other suppliers of services connected with specific Scott Fishman Photography, Inc. adventures ("other providers"), and the other providers are solely responsible and liable for providing their respective services. The passenger tickets in use by the carriers shall constitute the sole contract between the carriers and the passenger; the carriers are not responsible for any act, omission, or event during the time participants are not aboard their conveyances.
Scott Fishman Photography, Inc. its employees, affiliates, officers, directors, successors, representatives, assigns (for purposes of this Responsibility statement and the Terms and Conditions, collectively ("Scott Fishman Photography") and its designated tour operator shall not be held liable for (A) any damage to, or loss of, property or injury to, or death of, persons occasioned directly or indirectly by an act or omission of any other provider, including but not limited to any defect in any aircraft, watercraft, or vehicle operated or provided by such other provider; and (B) any loss or damage due to delay, cancellation, or disruption in any manner caused by the laws, regulations, acts or failures to act, demands, orders, or interpositions of any government or any subdivision or agent thereof, or by acts of God, strikes, fire, flood, war, rebellion, terrorism, insurrection, sickness, quarantine, epidemics, theft, or any other cause(s) beyond their control. The participant waives any claim against Scott Fishman Photography and/or its designated tour operator for any such loss, damage, injury, or death.
By registering for a Scott Fishman Photography adventure the participant certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for him/herself or other participants. Scott Fishman Photography and its designated tour operator reserve the right in their sole discretion to accept, decline to accept, or remove any participant on a Scott Fishman Photography adventure. Scott Fishman Photography and the tour operator reserve the right, without penalty, to make changes in the published itinerary whenever, in their judgment, conditions warrant or if they deem it necessary for the comfort, convenience, or safety of participants.
Neither Scott Fishman Photography nor its designated tour operator, shall be liable for any air carrier's cancellation penalty incurred by the purchase of a nonrefundable ticket to or from the participant's Scott Fishman Photography departure city. Baggage and personal effects are at all times the sole responsibility of the participant.
BASIS OF RATES
All prices published are based on two persons sharing a room (double occupancy). All prices and fares are quoted in U.S. dollars. The rates are based on tariffs, currency values, airfares, and third-party charges as of publication date and are subject to change due to unforeseen circumstances. While Scott Fishman Photography will do everything possible to maintain the listed prices, if it is necessary to levy a surcharge, Scott Fishman Photography reserves the right to do so and notification will be given at the time of final invoicing.
All participants must be over the age of 21. Exceptions to this policy may be granted on a case-by-case basis.
PAYMENTS, CANCELLATIONS, AND REFUNDS
To reserve space on any adventure, a minimum deposit is required no later than 120 days before the departure date. Final payment is due no later than 90 days prior to departure. Payments must be made by personal check, cashiers check, money order, or credit card. Credit card payments are subject to a 3.5% processing fee. A participant's reservation may be canceled if full payment has not been received by 90 days prior to departure. For reservations made within 90 days of the departure date, full payment is required when the reservation is accepted. All cancellation notices must be received in writing and will become effective as of the date of the postmark. If a participant cancels more than 120 days prior to departure, a full refund will be made. Per-person charges for cancellations that occur less than 120 days prior to departure ("Cancellation Penalty Period") are as follows: 91-120 days prior to departure: all monies made, less 100% of the deposit amount; 61-90 days prior to departure: 50% of the adventure cost; 60 or fewer days prior to departure: 100% of the adventure cost. This policy also applies to pre and post adventure extensions. Any revisions made within the Cancellation Penalty Period, such as a change in departure date or choice of adventure, are subject to this cancellation policy. Any airline tickets issued are subject to the carriers refund policy. Arriving late or leaving an adventure in progress, for any reason whatsoever, will not result in a refund, and no refunds will be made for any unused portions of an adventure. Scott Fishman Photography reserves the right to cancel any adventure because of inadequate enrollment that makes the adventure economically infeasible to operate or because of good-faith concerns with respect to the safety, health, or welfare of the participants. If an adventure is canceled prior to departure, the tour operator will provide participants with a full refund of monies paid to the tour operator; except in the event that the cancellation is due to a significant event that makes it infeasible to operate the adventure as planned, in which case the tour operator will provide participants with a refund and/or credit toward a future Scott Fishman Photography adventure equivalent to monies paid to the tour operator. If Scott Fishman Photography cancels the adventure in progress, participants will receive a prorated refund based on the number of days not completed on the adventure. Except as outlined above when Scott Fishman Photography cancels an adventure, Scott Fishman Photography and its designated tour operator has no responsibility for any expenses, including any non-refundable expenses, incurred by participants in preparing for a cancelled adventure or for any additional arrangements should participants embark prior to the scheduled group departure date.
The itineraries and staff published on the website or any printed materials are subject to modification and change by Scott Fishman Photography. Every reasonable effort will be made to operate programs as planned, but alterations may still occur after final itineraries are sent.
All participants are required to carry a valid U.S. issued passport. The passport must be valid for a minimum of 6 months after the trip departure date. Foreign passports are allowed only in conjunction with a valid U.S. Resident Alien card (Green Card). Any extra costs incurred for rerouting due to travel without the necessary documents will be the participants responsibility. In cuba, all participants are required to carry a Cuban Visa Tourist Card which will be issued by the charter airline providing transportation to Cuba. The cost of this Visa is included in the price of your adventure. Dual citizens (U.S. - Cuba are subject to additional requirements as listed on the General Info page of the Scott Fishman Photography website.
Participants must be in good physical and mental health and able to carry their own equipment while walking several hours daily without hindering the pace of the group. Any physical condition, diet, or treatment requiring special attention must be reported in writing when the reservation is made.
MEDICAL AUTHORIZATION AND COVERAGE
In the event participant becomes sufficiently incapacitated as to be unable to direct his or her own care, there is no one on the adventure who can direct participants care, and Scott Fishman Photography is unable or does not have time to contact participants emergency contact, the participant, by registering and paying a deposit for a Scott Fishman Photography adventure, authorizes any medical treatment deemed necessary in the event of any injury or illness while participating in the activity including, but not limited to, X-ray, examination, anesthetic, medical or surgical diagnosis, or treatment and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of, any physician and/or surgeon licensed in the United States, or, if in a foreign country and no physician licensed to practice in the United States is reasonably available, by a duly licensed physician deemed competent to render the necessary care. In addition, the participant certifies that they have medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participants behalf.
Scott Fishman Photography and its designated adventure leaders reserve the right to take photographs or videos during the operation of any adventure or part thereof and to use the resulting photography or videos for promotional or commercial use. By making a reservation on a Scott Fishman Photography adventure the participant agrees to allow his/her likeness to be used by Scott Fishman Photography without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify Scott Fishman Photographyin writing prior to departure of the adventure.
Copyright in all photographs, video, and related materials created by the participant (Adventure Materials) shall belong to the participant upon creation. The participant grants to Scott Fishman Photography a non-exclusive, worldwide, irrevocable license to use any Adventure Materials provided to Scott Fishman Photography in any media for the following limited purposes: editorial use, promotion of this editorial use, promotion of Scott Fishman Photography travel programs, or promotion of the mission of Scott Fishman Photography.
If the participant has a complaint, he/she should first inform the tour operator or adventure leader while on the adventure so that the tour operator or adventure leader can attempt to rectify the matter. If the participant is still dissatisfied, he/she should submit the complaint in writing to Scott Fishman Photography within 30 days of the completion of the expedition.
Any controversy or claim arising out of or relating to this Agreement, brochures, or any other literature concerning this adventure, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by Illinois law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in Illinois under the supervision of a mutually agreed upon mediator; 3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in Illinois using one arbitrator pursuant to the then existing rules of the American Arbitration Association; 4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published cost of the participants adventure with Scott Fishman Photography. This agreement to arbitrate does not waive or modify any liability release agreed by the participant.
Terms and conditions are subject to change. By registering for a Scott Fishman Photography adventure, the participant agrees to the Terms and Conditions.