PHOTOXPERIENCES LLC – PARTICIPANT LIABILITY WAIVER & TERMS

Before You Begin

Thank you for booking with PhotoXperiences LLC. Please complete this waiver before your workshop or tour:

1. Review all sections carefully
2. Complete your personal information
3. Sign electronically

OUR SERVICES

PhotoXperiences LLC provides photo tours, multi-day workshops, and related experiences (“Services”).

CANCELLATION POLICY

We understand that life happens. If you must cancel a reservation, please contact PhotoXperiences LLC as soon as possible. All cancellations must be requested via email, and we will try our best to accommodate. 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.

• $250 USD admin fee per person
• Full refund (minus admin fee) if your spot is filled
• The remaining balance is charged ~120 days before departure
• Transfers allowed up to 180 days prior (case-by-case after)
• Custom workshops: non-refundable but may be rescheduled within 365 days

Additional Terms

• No refunds for unused services or no-shows
• Fees are non-transferable to other participants
• Weather or conditions may require itinerary changes (no refunds)

REFUND will be issued to the original form of payment, and the administration fee will be charged as a separate transaction. If the workshop was previously sold out, PhotoXperiences LLC will contact the waitlist and then open the workshop to public booking.

Instead of cancelling your booking, you can transfer to a different workshop up to 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 workshops 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 if available.

We strongly recommend that all participants purchase Travel Insurance to cover any non-refundable deposits and workshop fees.

Additional Items:

PhotoXperience LLC 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.

TRIP CANCELLATION (BY ORGANIZER)

PhotoXperiences LLC reserves the right to cancel trips due to:

• Low participation
• Guide illness/emergency
• Government actions, laws, or restrictions

If cancelled:

• Refund of fees paid (minus non-recoverable third-party costs)
• No liability for personal travel expenses

• 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, PhotoXperiences LLC 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.
• PhotoXpereinces LLC 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, PhotoXperiences LLC will promptly refund all fees paid minus nonrefundable fees paid to the third party. Should this unfortunate event occur, PhotoXperiences will inform all trip participants as soon as possible. PhotoXperiences 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 that we strongly recommend that you purchase Travel Insurance.

TRAVEL & MEDICAL INSURANCE

Participants are strongly advised to purchase:

• Travel insurance
• Medical insurance
• Trip interruption/cancellation coverage

TRIP INSURANCE: PhotoXperiences LLC 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. PhotoXperiences LLC is not responsible for any health or injury liability.

PhotoXperiences LLC is not responsible for medical or travel-related costs.

HEALTH & FITNESS (HIGH RISK)

• Tours may be physically demanding
• You are responsible for ensuring your fitness level
• You must disclose relevant medical conditions

Participants with contagious illnesses must not attend.

ASSUMPTION OF RISK (HIGH RISK)

Understand that participation involves risks, including:

• Injury, illness, or death
• Remote environments and delayed medical care
• Wildlife, terrain, and weather hazards
• Transportation risks

You voluntarily assume all risks.

RELEASE OF LIABILITY (HIGH RISK)

To the fullest extent permitted by law, you release and hold harmless PhotoXperiences LLC, its owners, employees, contractors, affiliates, and partners from all claims, damages, or liability arising from participation. This includes negligence to the extent permitted by law.

LIMITATION OF LIABILITY

• Maximum liability is limited to the amount paid for Services
• No liability for delays, third-party failures, weather, or force majeure

LIMITATION OF LIABILITY PhotoXperiences LLC may work with third-party hotel operators, transportation providers, food & beverage establishments, and other independent service providers for its tours. Although PhotoXperiences LLC tries to use reputable service providers, their individual actions are not subject to PhotoXperiences LLC’s control. Neither PhotoXperiences LLC nor 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. PhotoXperiences LLC disclaims any liability for any: (a) act, neglect or default of PhotoXperiences LLC 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, PhotoXperiences LLC 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 PhotoXperiences LLC. In no event will PhotoXperiences LLC be responsible for incidental, consequential or special damage or loss suffered by any person. PhotoXperiences LLC’s maximum liability, for any reason whatsoever, will be limited to the amount paid to PhotoXperiences LLC for its Services. In issuing tickets and coupons for the transportation of the purchaser by any means and making arrangements for hotel or other accommodation, PhotoXperiences LLC is not acting as a principal but only as an agent for the other companies, corporations, or persons. The participant further understands that PhotoXperiences LLC neither owns, controls, nor operates such third-party suppliers and accordingly, agrees to seek remedies directly and only against those suppliers and not hold PhotoXperiences LLC responsible for their acts, negligence, or omissions. Without limitation, PhotoXperiences LLC 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 PhotoXperiences LLC. The participant is solely responsible for any costs for medical evacuation, use of aircraft, or other unplanned expenses.

We are not responsible for their actions or failures.

ITINERARY & COST CHANGES

• Itineraries may change due to external conditions
• Prices may adjust if third-party costs increase

ITINERARY CHANGES AND DELAYS: PhotoXperiences LLC will do its best to honour 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 Tribes, Government Agencies, and International Operators. Should these fees increase between the time of booking and trip occurrence, PhotoXperiences reserves the right to adjust its fees to account for the increased fees. This does not constitute an exception to the cancellation policy.

PARTICIPANT CONDUCT

Participants must behave respectfully and legally. PhotoXperiences LLC may remove participants (without refund) for unsafe behaviour, illegal activity, or disruptive conduct

PhotoXperiences LLC reserves the right to accept or decline a participant for any reason allowable by law. PhotoXperiences LLC 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, disrespect, etc., will not be tolerated. PhotoXperiences LLC reserves the right to send participants home early at their own expense if they cannot comply with these expectations.

ANIMALS

Pets are not allowed. Service animals require prior approval.

ACCOMMODATION (IF APPLICABLE)

• Shared occupancy may be required
• Single supplements may apply

MEDIA RELEASE

PhotoXperiences LLC may capture photos/videos during tours.

You grant permission for use in marketing without compensation unless you opt out in writing before the trip.

ARBITRATION & LEGAL TERMS

• Disputes resolved via binding arbitration (USA jurisdiction unless otherwise required by law)
• Waiver of jury trial

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 Florida, 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 the 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 PhotoXperiences LLC tour or workshop understands and acknowledges that your travel in an organized tour by PhotoXperiences LLC 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 PhotoXperiences LLC or of other participants, contractors and/or subcontractors to PhotoXperiences LLC. 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.

You 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 despite 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 PhotoXperiences LLC 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 PhotoXperiences LLC reserves the right to accept or reject any participant for any legal reason, and PhotoXperiences LLC or its guide has the right to disqualify you from any trip activity, if in PhotoXperiences LLC 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 PhotoXperiences LLC 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 PhotoXperiences LLC.

RELEASE OF LIABILITY: In consideration of the Services and arrangements provided by PhotoXperiences LLC, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify PhotoXperiences LLC and its owners, agents, employees, contractors, subcontractors and affiliates from any 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 PhotoXperiences LLC’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 PhotoXperiences LLC.

Do you have any health conditions, physical limitations, allergies, or medications that we should be aware of to help ensure your safety and well-being during this activity?

If yes, please describe:

Email Address Emergency Contact Health and Safety

By filling out this section, you consent to the secure collection and sharing of my medical information—such as allergies, chronic conditions, or medications—with authorized staff and emergency personnel strictly as needed to ensure my safety and care during the tour, with access limited to those individuals under data‑protection standards (GDPR/HIPAA).

ELECTRONIC SIGNATURE CONSENT

By checking below:

• You agree to use electronic signatures
• You may request a paper copy at any time

Electronic Signature Consent* By signing below, you are consenting to the use of your electronic signature instead of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such a copy, and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent.

PARTICIPANT INFORMATION

Full Name: [Text Field]

SIGNATURE

Signature: [E-Signature Field – Required]

Date: [Auto Timestamp]

FOR MINORS

Parent/Guardian Name: [Text Field]

☐ You consent as parent/guardian (Required if minor)

Signature: [E-Signature Field]
Date: [Auto Timestamp]