Terms & Conditions
Our Services:
Action Photo Tours LLC, hereby referred to as APT, provides photo tours, multi-day workshops, and other Services. Together, these are hereby referred to as “Services”.
Cancellation Policy:
We understand that life happens. If you must cancel a reservation, please contact Action Photo Tours (APT) as soon as possible. All cancellations must be requested via email to info@actionphototours.com. Please note that the cancellation policy is different for photo workshops vs daily/overnight trips. 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.
Photo Workshops:
- Cancellations or changes will incur a non-refundable $300 USD admin fee per person.
- Once a cancelled spot is filled by another participant, a FULL REFUND will be issued to the original form of payment and the admin fee will be charged as a separate transaction. If the workshop was previously sold out, APT 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 until 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.
- We strongly recommend that all participants purchase Travel Insurance to cover any non-refundable deposits and workshop fees.
Daily/Overnight Trips (Does Not Apply to Workshops):
- Any changes or cancellations will incur a non-refundable $50 USD change fee per person.
- More than 30 days prior to departure: Full refund of all fees paid. The change fee will be charged as a separate transaction.
- Between 15 to 30 days before departure: Refund of 50% of fees paid minus change fee. The 50% non-refunded fee can be applied to a future trip within 365 days of the cancellation date.
- Within 15 days of departure: No refunds can be given.
- All daily and overnight trips require a two-person minimum. If only one guest is booked, APT will contact the guest to confirm whether they are willing to pay the two-person rate or reschedule if no one else joins. If they agree, the additional amount will be charged 72 hours before departure if the minimum has not been met. If they do not agree, the tour will be canceled and all tour fees paid will be refunded.
- We strongly recommend that all participants purchase Travel Insurance to cover any non-refundable deposits and fees.
Additional Items:
- Action Photo Tours (APT) 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.
- 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, APT 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.
Trip Cancellation:
APT 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, APT will promptly refund all fees paid minus nonrefundable fees paid to the third party. Should this unfortunate event occur, APT will inform all trip participants as soon as possible. APT 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, we strongly recommend that you purchase Travel Insurance.
Trip Insurance:
APT carries the necessary permits and liability insurance for legal operation. APT 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. APT is not responsible for any health or injury liability.
Health and Physical Fitness:
The health and safety of our participants and staff are our foremost priority. Anyone with active symptoms of a transmissible disease must wear a mask or not attend the tour or workshop until the symptoms resolve.
APT's tours and workshops can be physically demanding. As such, APT clearly labels each tour and workshop with a Physical Difficulty Rating. It is the participant's sole responsibility to ensure they have sufficient fitness for their intended tour or workshop.
APT recommends you consult a physician before booking as APT cannot make any exceptions to the Cancellation Policy for medical reasons. APT recognizes that participants have varying abilities, health, and fitness and will make a best attempt for reasonable accommodation without undermining the itinerary and goals of the group. APT strongly advises that participants purchase Travel Insurance to protect against any unexpected trip changes, interruptions, or cancellations due to health or illness.
Animals:
Pets and animals are not allowed on our tours or workshops. For those with a certified service animal, we recommend booking a private tour to minimize disruptions to other guests.
Double Occupancy:
When lodging is included in the price, you may have to choose between double or single occupancy. If booking as a single traveler, double occupancy cannot be guaranteed. If APT can find another participant of the same gender that also wants double occupancy, we will attempt to pair you up. In the event we cannot find a suitable match OR the person you were previously matched with cancels their reservation, you will be asked to upgrade and pay for single occupancy. This does NOT constitute an exception to our cancellation policy. However, if you book a reservation for two-people, double occupancy can be guaranteed.
Instructors
Due to scheduling complexities with our daily/overnight tours, we may not know which instructor will accompany your group until a day or two prior. If you would like to request a specific instructor, please Contact Us. Will do our best to accommodate your request, but please understand we make no guarantees. For multi-day workshops, any change of instructor(s) will be communicated ahead of time.
Itinerary Changes and Delays
APT will do its best to honor 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 American Tribes, Government Agencies, and International Operators. Should these fees increase between the time of booking and trip occurrence, APT reserves the right to adjust its fees to accommodate for the increased fees. This does not constitute an exception to the cancellation policy.
Participant Responsibility
APT reserves the right to accept or decline a participant for any reason allowable by law. APT 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, disrespectfulness, etc. will not be tolerated. APT reserves the right to send participants home early at their own expense if they cannot comply with these expectations.
Release of Photo/Video Rights
APT reserves the right to take photographs, videos, and/or sound recordings during the operation of any tour. The resulting media can be used in whole or in part for promotional purposes, including, but not limited to: advertising and publicity both in print and electronic media. By booking a tour with APT, the participant agrees to allow his/her likeness to be used by APT without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify APT in writing prior to scheduled tour. We also reserve the right to use, in all or in part, any written reviews or feedback you may provide to us in our advertising and publicity both in print and electronic media.
Limitation of Liability
APT may work with third-party hotel operators, transportation providers, food & beverage establishments, and other independent service providers for its tours. Although APT tries to utilize good and reputable service providers, their individual actions are not subject to APT’s control. Neither APT, 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. APT disclaims any liability for any: (a) act, neglect or default of APT, 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, APT 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 APT. In no event will APT be responsible for incidental, consequential or special damage or loss suffered by any person. APT’s maximum liability, for any reason whatsoever, will be limited to the amount paid to APT for its Services.
In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, APT is not acting as principal but only as agent for the other companies, corporations or persons. The participant further understands that APT neither owns, controls, or operates such third-party suppliers and accordingly, agrees to seek remedies directly and only against those suppliers and not hold APT responsible for their acts, negligence, or omissions.
Without limitation, APT 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 APT. The participant is solely responsible for any costs for medical evacuation, use of aircraft, or other unplanned expense.
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 Kane County, Utah, 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 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 APT tour or workshop understands and acknowledges that your travel in an organized tour by APT 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 APT or of other participants, contractors and/or subcontractors to APT. 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.
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 in spite of 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 APT 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 APT reserves the right to accept or reject any participant for any legal reason, and APT or its guide has the right to disqualify you from any trip activity, if in APT’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 APT, 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 APT.
Release of Liability:
In consideration of the Services and arrangements provided by APT, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify APT, and its owners, agents, employees, contractors, subcontractors and affiliates from any and all 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 APT’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 APT.
Acknowledgement:
My signature below indicates that I (on behalf of myself and all other customers/participants for whom I am purchasing APT’s Services) have, on the date shown, read and understood these terms and conditions. I acknowledge that these terms and conditions affect my legal rights and I agree to be bound by their terms. My signature also signifies my intention (on behalf of myself and all other customers/participants for whom I am purchasing the travel package) to relieve and indemnify Action Photo Tours LLC, d/b/a “Action Photo Tours”, its owners, employees, affiliates, agents, contractors and subcontractors from any liability for personal injury, emotional injury or distress, property damage or wrongful death which I/we might suffer during participation in APT’s Services.
Online Waiver:
To allow our guests more time to read through the Terms and Conditions, we are encouraging all participants to sign our Online Waiver before their tour. This waiver is sent out in both the confirmation and reminder emails. Paper copies of this waiver will be provided upon request if you do not wish to sign digitally.
Website Terms of Use
TERMS OF USE FOR ACTION PHOTO TOURS, LLC AND ACTIONPHOTOTOURS.COM
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THIS WEBSITE, CREATING AN ACCOUNT OR PLACING AN ORDER ON THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS.
YOU MAY NOT USE THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ACTION PHOTO TOURS, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE.
These Terms of Service (“Terms”) apply to the use of www.actionphototours.com (the “Site”). These Terms are subject to change by Action Photo Tours, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any products or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. You should also carefully review our Privacy Policy for information regarding our privacy practices on the Site.
1. Limitation of Liability
OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $100 OR THE ACTUAL AMOUNT PAID BY YOU FOR PRODUCTS OR SERVICES ORDERED USING OUR SITE THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE. YOU AGREE THAT WILL WE NOT BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
2. Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy describes our processing of personal data, the rights you may have with regard to your personal data, and how to exercise those rights. Please note that our Site incorporates third-party technologies for tracking, including website analytics, chat-based customer support, and behavioral advertising. Some of the data you provide to us as you use our Site may be shared with the providers of these technologies. These technologies may involve the recording of conversations and other interactions you have with our Site. The data we share with these providers may include these recordings. By using our Site, you consent to this data sharing.
3. Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Utah.
4. Dispute Resolution and Binding Arbitration
UNLESS YOU OPT OUT BY FOLLOWING THE PROCEDURE BELOW, YOU AND WE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The following processes shall govern the arbitration process:
Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to info@actionphototours.com so stating. - Within seven (7) business days, we will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.
- If, following these attempts at exploring a resolution, you intend to proceed with an arbitration claim, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form or by proceedings conducted via video or in-person.
- In the event that you and we cannot agree on an arbitrator, the process set forth in 78B-11-112 of the Utah Uniform Arbitration Act (or the section of your state law equivalent to 78B-11-112 of the Utah Uniform Arbitration Act, or any comparable provision in your state) will be followed. That process allows for a court to select an arbitrator. The arbitration will then proceed and be under the jurisdiction of the arbitrator so selected. We will advance all arbitration fees.
- You may opt out of this arbitration agreement by the following process. To opt out, you must notify us in writing no later than thirty (30) days after first becoming subject to this arbitration agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. Send your notice to: info@actionphototours.com. In the event of a dispute between you and us, to invoke your opt-out right, you must retain a copy of your opt-out notice.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
We will be responsible for paying any customer’s arbitration/arbitrator fees. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small claims court rather than arbitration if you provide us with written notice of your intention do so within sixty (60) days of your purchase.
Any arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
5. Proprietary Rights
You do hereby acknowledge and agree that Action Photo Tours LLC and any essential software that may be used in connection with our Services (“Software”) and Images shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Action Photo Tours LLC, or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on our Services (e.g. Content or Software), in whole or part.
Action Photo Tours LLC, herein has granted you personal, non-transferable and non- exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software or Images.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Action Photo Tours LLC, for use in accessing our Services.
6. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this provision is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
7. No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of us.
8. No Third Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
9. Notices
Notices to You: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Website. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to info@actionphototours.com.
10. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
11. Entire Agreement
Our order confirmation, the written agreement relating to any product or service you obtain on or through this Site, our Website Terms of Use, our Terms & Conditions, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
