Jennifer King Photography Workshops
CANCELLATION POLICY

Jennifer King Photography Workshops (“JKPW”) holds numerous workshops in many parts of the United States and the World. Significant time, effort, and expense is required to set up and hold these workshops. Below are the cancellation policies for the various workshops.

UNITED STATES PHOTO WORKSHOPS
excluding Yellowstone National Park Workshops
(which are addressed below)

• Cancellations made 121-days or more prior to Workshop start date - tuition is refundable, less a service charge of $150.

• Cancellations made between 91 and 120 Days prior to a Workshop start day - tuition is refundable, less the deposit and the $150 service charge.

• Cancellations made 90-days or less prior to a Workshop start date - tuition and deposit(s) are NON-REFUNDABLE, for any reason.

• This includes Covid related closures, outbreaks, contamination, forced cancellations by parks, government or JKPW for safety reasons, exposure, symptoms and any other reason.

• Refunds will not be given in the form of cash, credit or transfer from or to any other photo workshop including rescheduled photo workshops.

• Attendees are required to purchase trip insurance for the selected workshop in case of any unforeseen emergency or situation for which cancellation is desired or necessary. This includes, but is not limited to, natural disasters, health safety, outbreaks, epidemics, pandemics, illness, acts of God or closures that prevent or restrict the workshop from taking place on schedule and as contemplated by JKPW. It is the participant’s responsibility to protect their payment(s) for the workshop.

• Attendees are required to agree to this Cancellation Policy before registering and placing deposit for selected workshop, class or trip which includes the mandatory trip insurance. By clicking on the registration button, attendees agree to the above, and accept full responsibility for covering the trip and the financial liability thereof regardless of health, safety, Covid or any other disruption of purchased workshop. This includes a workshop that experiences a Covid exposure.

• If JKPW has to cancel a workshop due to a participant Covid exposure or similar reason, JKPW is not financially responsible for workshop fee or travel expenses for any participant in the group; you will need to file with your trip insurance for a full refund for workshop fee and travel expenses. Risk is involved in travel and attending any event, class, workshop, or trip during Covid and any other pandemic or health and safety outbreak.

• Purchase trip insurance: JKPW will not be able to offer refunds or credits for any circumstance. Travel comes with risk. Please protect your trip investment.

• Many trip insurance companies offer reasonably priced plans that cover all aspects of your trip if you purchase within 14 days of making your workshop deposit. While JKPW does not provide trip insurance as part of your workshop fee, there are many travel insurance companies that will provide medical evacuation and trip cancellation insurance. World Nomads is such an insurance company, highly regarded by many travelers.

• JKPW will not be held responsible for changes in workshop schedule or cancellations due to acts of god, terror, accidents, theft, delays, weather, global (or local) issues relating to pandemics, or other events beyond its reasonable control. In the event of an unforeseen situation causing changes in workshop schedule or cancellation, JKPW is not able to provide credit or refund. Please purchase insurance to cover such events.

• JKPW cannot be held responsible for weather that prevents photographing. Refunds or credits, whole or partial, are not given.

• If you have a medical condition or allergy that requires insulin, epi pens or other medical apparatus or monitoring, please let your instructors know prior to the start of the workshop.

• JKPW must be notified at the time of deposit if traveling with or enter photo workshop locations with another person, who has not registered for the workshop. JKPW is required to submit a total person count to most governing officials who also set limits for the number of persons allowed in a group.

• Covid Regulations: JKPW requires a negative PCR or NAAT test taken no more than 72 hours prior to workshop, in order to attend. Attendees that contract Covid, or any medical condition and thereby cannot attend, should file a claim with the selected trip insurance carrier.

• All workshop attendees and tour participants are required to complete a Hold Harmless-Liability Waiver before the start of the tour.

CANCELLATION POLICY
for
Yellowstone National Park Workshops

• Cancellations made at least 180-days prior to workshop start date: deposits are refundable less a $500 processing fee.

• Cancellations after August 1 of the preceding year, no refunds will be given.

• Refunds will not be given for credits or transfers from any other photo workshop.

• Please see additional Terms and Conditions below. All Terms and Conditions under United States Workshops (above) apply to Yellowstone, except the refund policies stated in this section.

• Attendees are required to purchase trip insurance for the selected workshop in case of any unforeseen emergency or situation for which cancellation is desired or necessary. This includes natural disasters, pandemics or Covid closures that prevent the workshop from taking place. It is the participant’s responsibility to protect the cost of their trip including the workshop fee.

• Negative PCR or NAAT Covid tests taken no later than 72 hours prior to the workshop will be required to attend.

While JKPW will make every reasonable attempt to explore Yellowstone daily throughout the workshop, winter weather can interfere with the schedule. No refunds are given for blizzard conditions that prevent exploration of the park, or lack of snow or winter conditions. No refunds for any reason will be given for Yellowstone workshops after August 1st of the preceding year. Please purchase trip insurance.

INTERNATIONAL PHOTO WORKSHOPS (including Canada)
(Please check each location for specifics that may apply below)

• Unless stated otherwise on workshop listing page, or via written communication, international workshops cancellations are non-refundable 121 days or more prior to the start date of the workshop.

• Deposits are non-refundable regardless of cancelation Datel.

• All cancellations are subject to a $150 service charge and will be deducted from any refund due.

• Trip insurance is required to participate. JKPW will not be able to offer refunds or credit for cancellations under any circumstance, other than as set forth above. Many travel insurance companies offer reasonably priced trip insurance plans that cover most aspects of workshop trips, if purchased within 14 days of making the deposit, including “CFAR” (Cancel For Any Reason).

• It is the participant’s responsibility to protect their workshop. You are required to purchase trip insurance for your workshop in case of any unforeseen emergency or situation that requires you to cancel or should there be a reason that you cannot attend. This includes natural disasters, health safety, outbreaks, epidemics, illness, acts of God or closures that prevent the workshop from taking place.

• Attendees are required to agree to this Cancellation Policy before registering and placing deposit for selected workshop, class or trip which includes the mandatory trip insurance. By clicking on the registration button, attendees agree to the above, and accept full responsibility for covering the trip and the financial liability thereof regardless of health, safety, Covid or any other disruption of purchased workshop. This includes a workshop that experiences a Covid exposure.

• If a workshop is cancelled due to a Covid exposure, JKPW is not financially responsible for workshop fees, travel expenses or any other costs or incidentals. Participants must make a claim with their trip insurance carrier for such refund of the workshop fee and travel expenses as covered under their policy. Risk is involved in travel and attending any event, class, workshop, or trip during Covid and any other pandemic or health and safety outbreak, and JKPW cannot guarantee a trip will not be affected by Covid.

• Purchase trip insurance: JKPW will not be able to offer refunds or credits for any circumstance. Please protect your investment.

• JKPW will not be held liable for any loss, damage, injuries, illness or death during your workshop.

• JKPW will not be held responsible for changes in tour because of weather, safety or other calamity.

• International medical insurance is required. Attendees should check with their health insurance carrier/plan to ensure coverage during the workshops and travel. Trip insurance can also cover medical expenses in most foreign countries.

• International travel just like all travel comes with risk. JKPW is not responsible for any acts of God, terror, accidents, theft, delays, weather, pandemics, health crisis or border closures..

• All workshop attendees and tour participants are required to complete a Hold Harmless-Liability Waiver before the start of the tour.

• JKPW cannot be held responsible for weather that prevents photographing. Refunds or credits, whole or partial, are not given.

• If an attendee arrives or departs a workshop early, he or she is financially responsible for any additional travel, lodging, incidentals and any other expenses whatsoever. .

• If you have a medical condition or allergy that requires insulin, epi pens or other medical apparatus or monitoring, please let your instructors know prior to the start of the workshop.

• Valid passports are required for international travel, and must be valid for 6 months after travel dates. This is recommended by the US Transportation Security Administration. Attendees must notify JKPW if their passports originate outside of the United States.

• Visa’s may be required to travel to certain countries

• Shots and vaccines may be required to travel to certain countries.

• Negative PCR or NAAT Covid tests taken no more than 72 hours prior the the workshop will be required to attend.

• Please note that the expenses and financial liability to JKPW for all international workshops are great. While JKPW works with trusted vendors, its contracts with lodging, booking local talent, guides and fees are not refundable. Attrition and no cancellation policies are sometimes extended to JKPW, therefore, it must extend to attendees. Appropriate trip insurance will cover the need to cancel, or if travel to a certain country becomes impossible.

COSTA RICA CANCELLATION POLICY

In addition to the above International Photo Workshop Cancellation Policy:

• A $2995 USD deposit is required to hold space for workshops in Costa Rica.

• Balance is due by September 1, 2021. An invoice will be sent for final payment.

• A non-refundable cancellation fee of $1,000 will be deducted from any amount owed to customer. This applies to any cancellation prior to September 1, 2021.

• Cancellation between September 1, 2021 to October 31, 2021, the deposit is forfeited. It is also non-refundable and non-transferable to another workshop.

• Cancellation after November 1, 2021, your full workshop fee is non-refundable and non-transferable to another workshop.

• Refunds will not be given for credits or transfers from any other photo workshops

• Attendees are required to purchase trip insurance for the workshop in case of any unforeseen emergency or situation for which cancellation is desired. This includes natural natural disasters, pandemics or closures that prevent or restrict the workshop from taking place on schedule and as contemplated by JKPW. It is the participant’s responsibility to protect their payment(s) for the workshop.

• A negative PCR Covid test taken no later than 72 hours prior the workshop will be required to attend.

While there are many trip insurance options, Squaremouth is a website that allows comparison of multiple travel policies from multiple providers to choose the best fit, based on your needs and costs. Check it out at: https://www.squaremouth.com/. Attendees may want to purchase trip insurance within 14 days of making the deposit in order to purchase “CFAR” (Cancel for any Reason) insurance Please read and review the foregoing terms and conditions for all International Photo Workshops. Attendees will be required to agree to these terms and cancellation policy during registration.

HEALTH REQUIREMENTS

• Participants are required to carry their own equipment during the workshop.

• Participants must be in good general health and have a fitness level to carry all of their equipment with hikes of up to 5 miles.

• You must be in generally good health to participate in photo workshops. If you have any concerns, please consult with your physician.

REFUNDS

• If you are due a refund according to applicable cancellation policy above, you will receive a credit, less $150 service charge, via your original method of payment. Please allow 7-10 business days for the refund to appear on your account.

Jennifer King Photography Workshops reserves the right to replace any instructor (including Jennifer) due to illness, emergency, death or other necessary circumstances. All JKPW instructors are highly trained and approved by Jennifer King. Jennifer King is an authorized permittee of the National Park Service.

JENNIFER KING PHOTOGRAPHIC WORKSHOPS

TERMS AND CONDITIONS OF SALES

1.  ARBITRATION AND JURISDICTION:

(a)  Any controversy arising out of or relating to sales, performance, returns and/or adjustments of Jennifer King Photographic Workshops (hereafter referred to as “JKPW”) services or products or any other matter relating to such issues and/or this website (hereafter the “Dispute”) shall be settled by binding arbitration in the City of Winston-Salem, North Carolina, USA in accordance with the Uniform Arbitration Act of North Carolina. If litigation arises, Buyer agrees that the proper venue for such litigation will be Guilford County, North Carolina, or if in the federal court, in the United States District Court for the Middle District of North Carolina.  The parties consent to the application of the North Carolina law and to the jurisdiction of the Courts of North Carolina, or the United States District Court for the Middle District of North Carolina, for all purposes in connection with any Dispute. Any Court having jurisdiction thereof may enter judgment upon the award rendered. The parties further consent that any process or notice of motion or other application to any of said Courts may be served inside or outside the State of North Carolina, by registered or certified mail return receipt requested, or by personal service, provided a reasonable time for appearance is allowed, or in such other manner as may be permissible under the Rules of said Courts.

(b) The arbitrators or courts may include in their award to the party prevailing substantially, in the arbitrator’s or presiding judge’s discretion (in addition to all other damages) an award of reasonable attorneys’ fees and reimbursement for other fees and costs in connection with all proceedings.  Buyer shall not be entitled to punitive damages of any kind or nature from either the arbitrators or courts, and Buyer does hereby specifically waive any and all rights at either law or equity it may have to punitive damages.

(c) JKPW shall have all rights to provisional remedies that it would have at law or equity, notwithstanding the existence of these Terms and Conditions.

(d) Buyer shall not be entitled to join, implead or intervene other parties or assert other disputes with JKPW by offset, defense or counterclaim or by consolidation of proceedings or otherwise with any arbitration proceeding hereunder.

(e) Any claims arising under this contract which Buyer may validly assert against JKPW’s agent shall be asserted against JKPW in the arbitration proceeding provided for herein, and Buyer waives any right to institute a separate action at law against JKPW’s agent.

(f) Any claim by Buyer of any kind, nature or description is barred and waived unless Buyer institutes arbitration proceedings within one (1) year after the claimed breach occurs.  The failure to institute arbitration proceedings within this one year period shall constitute an absolute bar to the institution of any arbitration or other proceedings by Buyer and a waiver of all claims on Buyer’s part. 

2.  PAYMENT.  Purchases of goods (all prints, eBooks, print books and any other items) from this website must be paid for, in full, when placing the order. Deposits and all other payments required for workshops are specified in the respective workshop page of this website. Payment of all amounts due under invoices shall be made in United States dollars, unless otherwise agreed by JKPW.  No discount may be taken except as allowed in writing by the JKPW.  All amounts past due will be subject to a delinquency charge of twelve percent (12%) per annum, but in no event shall said charge exceed the maximum rate allowed by law.

3.  CREDIT. All sales of JKPW goods (referenced above) and services (workshops and all related activities) are final and not returnable for any reason, unless so indicated. All sales are made on a prepaid basis only. No sales are made on credit of any kind.

4.  JKPW’S REMEDIES:  All rights and remedies of JKPW in all services and sales of its products shall be in addition to all other rights and remedies of JKPW under North Carolina law and the Uniform Commercial Code, as well as other applicable law, all of which rights and remedies shall be nonexclusive and cumulative and may be exercised or asserted, as JKPW shall elect.

5.  DELIVERIES:

(a) Shipment or tender of delivery of goods prior to receipt of written cancellation by Buyer shall constitute good delivery.

(b) The acceptance of shipment by the US Postal Service, United Parcel Service, Federal Express or other delivery service, shall constitute tender of delivery and performance by JKPW.  Thereupon, title shall pass to Buyer subject to (i) JKPW’s rights under Article 2 of the Uniform Commercial Code, including but not limited to the rights to withhold or refuse delivery, stop in transit and/or reclaim; and (ii) JKPW’s security interest in property in the possession, custody or control of JKPW. With respect to products for which payment is required on or before delivery or tender, title passes upon receipt of full payment.  

(c) All shipping, express and delivery charges shall be paid by Buyer without discount.

(d) In the event that a product is out of stock (on back order), shipment in installments shall be accepted by Buyer. Reasonable delay in delivering purchases shall not constitute a breach of contract for Buyer order(s). Any defect in quality or delay in fulfilling part of the purchased products of an order by JKPW shall not affect the balance of the order.  There shall be no right of offset, defense or counterclaim, regardless of controversies relating to other products ordered.  

(e) JKPW shall not be liable if any aspect of its performance is delayed or prevented due to casualty, accident, labor disturbance, embargo, lack of shipping facilities, delay or inability to obtain supplies, labor, raw materials or energy through JKPW’s usual and regular sources, as well as fires, floods, war, pandemic, governmental requests, requirements or regulations, Act of God or any cause or circumstance whatsoever (whether like or unlike the foregoing) beyond JKPW’s control.  In such event, JKPW may, in its discretion: (i) extend JKPW’s time for performance for a time which is reasonable under all of the circumstances; (ii) cancel all or any portion of an order with Buyer; or (iii) apportion JKPW’s available supply among its customers in any reasonable manner. Buyer shall not be entitled to damages for late delivery or nonperformance.

6.  EXCLUSION OF WARRANTIES:

(a) BUYER AGREES THAT THERE IS NO WARRANTY BY JKPW, IN FACT OR IN LAW, THAT THE GOODS OR SERVICES ARE SUITABLE FOR ANY PARTICULAR USE OR PURPOSE AND AGREES THAT THE SUITABILITY OF SUCH GOODS OR SERVICE FOR ANY USE IS THE SOLE RESPONSIBILITY OF THE BUYER.

(b) JKPW MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, AS TO KNOWLEDGE OBTAINED BY ATTENDEES OR PROFICIENCY IN PHOTOGRAPHY OR ANY ACTIVITY, AFTER ATTENDING A WORSKSHOP.

7.  CLAIMS:

(a)  The limit of JKPW’s liability for defective product shall be replacement of the product with the same or a similar product, which may be slightly different, if the purchased product is unavailable. In no event shall Buyer be entitled to claim or receive any consequential, indirect and/or special damages of any nature, and in no instance may damages include loss of profit on contemplated use or profit of any description.

(b) Notwithstanding any contrary provision in any purchase order or other document of Buyer, JKPW, including its agents, representatives or otherwise, shall not and does not accept, assume or undertake any responsibility or liability to indemnify, defend, save or hold harmless any other person, firm or party from or against any loss, damage or injury; regardless of any language by which such acceptance, assumption or undertaking purports to be expressed or implied.  

8.  PRICES:  Prices stated on products or the JKPW website are subject to change without notice. Prices do not include sales tax, where applicable, or delivery costs, both of which Buyer agrees to pay.

9.  INFRINGEMENTS:  JKPW, at its option, may cancel all orders for the sale of any products, the manufacture, sale or use of which, in JKPW’s opinion, infringes any copyright or patent under which JKPW is not licensed.

10.   NOTICES:  All communications provided for hereunder shall be in writing, and if to JKPW, mailed or delivered to JKPW at the address stated on the JKPW website (www.jenniferkingphoto.com), or to such other address as JKPW may designate. If to Buyer, such communications shall be sent to the e-mail address by which Buyer contacted the JKPW website, or mailed or delivered to Buyer at the address provided for delivery of purchased JKPW products or at such other address as Buyer may hereafter designate.

11.  GENERAL PROVISIONS:  This contract shall be governed by laws of the State of North Carolina. Waiver by JKPW of any term, provision, or condition hereof shall not be deemed a waiver of any other term, provision or condition.  This contract contains all of the terms and conditions of this contract between Buyer and JKPW.  It shall not be modified by Buyer except in writing, signed by the JKPW.

12.  ASSIGNMENT:  No rights of Buyer under, or arising out of, any purchase transaction or other interaction with JKPW may be assigned without the express written consent of JKPW.

13. COORDINATION WITH JKPW CANCELLATION POLICY: These Terms and Conditions of Sale shall apply to the JKPW Cancellation Policy, as if such Policy were fully stated herein. If any conflict arises between these Terms and Conditions and the Cancellation Policy, the Cancellation Policy shall control.