Workshop Agreement & Liability Release Waiver
Nature Comforts, Inc. (D/B/A “Charles Needle Photography”) , (Operator), Charles Needle and/or their agents or representatives, act only as agents for the various companies involved in providing services. They assume no responsibility or liability in connection with the service of any means of conveyance which may be used either whole or in part in the performance of its duty to the passenger. Likewise they will not be responsible for any act, error or omission or for any personal injury, damage, loss, accident, delay, irregularity or inconvenience which may be occasioned by reason of any defect in any vehicles, or through any act, neglect or default, or any company or person engaged in carrying out the purpose for which tickets or coupons are issued, whether negligent or not, including, but not limited to, any act of God, terrorism or war. In the event it becomes necessary or advisable for the comfort or well-being of passengers, or for any reason whatsoever, to alter itinerary or arrangements, such alterations may be made without penalty to Operator. The right is reserved to withdraw any or all tours should conditions warrant, also to decline to accept or retain passengers as members of the tour. Neither the Operator nor Charles Needle shall in any case be liable for compensatory damages and you hereby waive any right to punitive damages.
I have read and expressly agree to the following “Terms & Conditions” outlined below:
All workshop withdrawal requests must be in writing and received either by US mail or e-mail and acknowledged by Charles Needle Photography. There are NO EXCEPTIONS TO THIS POLICY, even for medical or family emergencies. Unless otherwise noted, based on cancellation date, the following apply:
• Greater than 91 days before the workshop start date: refund, minus a $150 administrative fee.
• Within 90 days of the start of the program: no refund.
Regardless of when you cancel, if you or we are able to fill your space, we will provide a refund of any payments made minus a $150 processing fee.
We encourage you to purchase refundable airline tickets and trip cancellation insurance. Travel and Trip Cancellation Insurance — We strongly recommend that you purchase Travel Insurance and would be happy to provide you with a reputable third-party company. Please be aware that many companies require that you must purchase trip cancellation insurance within 15 days of mailing your deposit check and booking form. Trip insurance can protect you in the event of an unexpected situation that prevents you from attending the workshop. Two companies that offer trip insurance are Travelguard and Travelex Insurance Services. We reserve the right to cancel any workshop if the minimum student enrollment is not met, or due to any COVID-19 or other health concerns. In the event we cancel a workshop, you’ll be notified as soon as possible and be given the option to receive a full refund or apply your payment toward any future workshop within one calendar year from the date of cancellation.
We are not, however, liable for expenses incurred such as airfare or accommodations, and for this reason we also recommend the purchase of trip insurance. The financial liability of Charles Needle Photography shall be limited to the amount paid to Charles Needle Photography for the tour/workshop only and shall not be extended to cover any other associated travel costs incurred (e.g. non-refundable air tickets, visa fees if applicable, clothing, equipment, miscellaneous transportation costs, lodging costs, medical expenses, travel insurance premiums, etc.). For this reason, we highly recommend trip cancellation insurance.
COVID-19 Cancellation Policy
Charles Needle Photography is committed to providing a safe and healthy environment for our participants. We reserve the right to postpone or cancel any activities, including the entire trip, due to any COVID-19 or other health concerns. If the trip is canceled, you will be notified as soon as possible, and a full refund will be offered immediately, or you will be able to apply your payment toward any future workshop within one calendar year from the date of cancellation. The financial liability of Charles Needle Photography shall be limited to the amount paid to Charles Needle Photography for the workshop/tour only and shall not be extended to cover any other associated travel costs incurred (e.g. non-refundable air tickets, visa fees if applicable, clothing, equipment, miscellaneous transportation costs, lodging costs, medical expenses, travel insurance premiums, etc.). For this reason, WE HIGHLY RECOMMEND TRIP CANCELLATION INSURANCE. If you need to cancel due to COVID-19 concerns up to 30 days prior to the start of the workshop, you will need to provide written notice in the form of an email or letter as soon as possible and include a copy of your positive test result and any other supporting documentation. We will then issue a full refund. If you need to cancel 0-30 days prior to the start of the workshop because of COVID-19 concerns, we will issue a refund for one-half the total amount paid, minus a $200 processing fee. Scheduled Activities — Every effort will be made to provide such services as listed on your itinerary, but where unavoidable circumstances necessitate changes, the best substitute alternatives will be made at the discretion of Charles Needle Photography.
Charles Needle Photography is not responsible for loss, theft or damage to your baggage. Travel insurance is strongly recommended to protect against loss. Guests are responsible for airline and government-imposed baggage regulations and fees.
You are responsible for ensuring that you have the proper travel documents and immunizations, as well as a valid Vaccination Record Card, if required. Please note: Some countries require a COVID-19 test within a certain number of hours prior to departure. A second COVID-19 test may be required prior to re-entry into your country of origin. Be sure to check the official website for your final destination for the most up-to-date COVID-19 protocols. Also check with respective consulate(s) or visa agencies to determine whether visas are required. Valid passports are required for international travel. Many countries define a “valid passport” as one that does not expire at least three months beyond your intended date of departure.
Your arrangements exclude baggage handling, excess baggage charges, items of a personal nature such as laundry, communication expenses, extra lodging and transportation expenses, room service, meals not specified in your itinerary, gratuities to drivers, optional sightseeing and other excursions, COVID testing and any items not listed in your documents.
COVID-19 Liability Release
Though we are taking prudent precautionary steps against the spread of the COVID-19 virus, you are required to sign this waiver releasing Charles Needle Photography and its agents from liability in possibly contracting the COVID-19 virus. We make these requests for your own health and safety, and for the health and safety of workshop participants, your family and friends and ask for your understanding and cooperation. It is our belief that by all concerned adhering to these requirements and guidelines, we can operate workshops in a responsibly safe manner. If you aren’t comfortable with our requests, including use of a mask, or if you become ill before or during a workshop, please contact us to discuss the situation. Thank you again.
In consideration of my/our participation in this workshop, I/we the undersigned acknowledge and agree to the following:
– Valid proof of vaccination against COVID-19 is required to attend any Charles Needle Photography workshop or tour. I agree to submit valid proof that I am fully vaccinated against COVID-19 upon registering for this workshop or tour. (Valid proof means a scanned photocopy or smartphone photo of an official Centers for Disease Control and Prevention-issued paper vaccination record card with your name on it and the date or dates you received your shot or shots.)
– If necessary and requested at the time of the workshop, I agree to wear a face covering or mask above my nose at all times when indoors during this workshop, without exception.
– I am aware of the existence of risk arising from my participation in this Charles Needle Photography workshop that may cause injury or illness such as, but not limited to, influenza, MRSA, or COVID-19 that may lead to paralysis, or death.
– I will not participate in this workshop if I have experienced symptoms of fever, fatigue, difficulty breathing, dry cough, or if I am exhibiting any other symptoms related to COVID-19 or any communicable disease in the 14 days prior to this workshop.
– I will not participate in this workshop if I or any member(s) of my household have been diagnosed to be infected with the COVID-19 virus in the 14 days prior to this workshop.
– Should I fall ill during the workshop, I may be asked to self-quarantine or leave the workshop.
Following the pronouncements and requirements above, I/we hereby declare the following:
– I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates.
– Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities.
– I acknowledge that with any workshop held in a social setting, exposure to Coronavirus (COVID-19) is a risk for any persons attending workshops.
– I agree to assume all risks, take full responsibility, and waive and release any claims against Nature Comforts, Inc. (D/B/A “Charles Needle Photography”) and its officers, assistant(s) independent workshop instructors, agents, and representatives (collectively referred to as “the Releasees”) from any illness, personal injury, death, financial loss or damage to personal property associated with my participation in Charles Needle Photography workshops, even if caused by the negligence of the Releasees or any of them.
Without restricting the generality of the foregoing, I agree that should I become ill or suffer a loss due to infection from Coronavirus (COVID-19) contracted, or possibly contracted, as a result of attending a workshop, that Charles Needle Photography or any other Releasee, shall not be held to be at fault or liable in any way.
– I shall indemnify, defend and hold harmless the Releasees from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury.
– It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named Releasees. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Colorado. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES. IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.