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Terms and Conditions

The following terms and conditions represent the terms and conditions upon which you agree to participate in your nominated photography training course.  Please print the form attached to your chosen package, sign and return to us to indicate you accept the terms and conditions for this workshop.

Definitions

To avoid doubt, throughout the terms and conditions, the following terms will have the corresponding meaning:-

“We” or  “Steve Rutherford” or “the photographer” or “Rutherford International”  or “Us” or “Rutherford International” means RUTHERFORD INTERNATIONAL PTY LTD and it’s employees, agents, contractors, representatives and consultants;

“You” or “participant(s)” means the party or parties identified as having completed a booking for training with Rutherford international, via email, website, in person, or by phone;

“Workshop”or “training”or “course”or “seminar” means the workshop or workshops you wish to book as identified on the first page of this document.

Fees
The workshop cost includes the tuition fee only (unless stated otherwise in the workshop overview, description, highlights or itinerary).  All other expenses are the responsibility of the participants. The participant expressly acknowledges that the workshop cost does not included any airfares, airport taxes, accommodation, transportation to and from the workshop location, or items of a personal nature.  The workshop cost also excludes any insurance coverage for trip cancellation/interruption, travel accidents, travel delay, baggage delay, loss or theft, medical or hospitalisation expenses. We recommend you contact your relevant insurer in relation to the above-mentioned insurance coverage, if required.

Travel and Attendance
All participants are responsible for making there own way to the workshop. All training and location based courses commence promptly on time, as per the provided itinerary. Groups awaiting departure will not wait for late participant arrivals. Late arrivals cannot be guaranteed inclusion on location based workshops, and no refunds or transfers shall be given.

Refund Policy
To secure your booking, we require full payment at the time of booking, or if entering into a specific agreement relating to a payment plan, if offered, then we require 50% deposit upon booking, with the remainder of the cost direct debited from a nominal Credit Card, in the name of the participant only, with all and final payments complete at least 30 days in advance of the workshop/training/course/seminar being commenced.  Any refunds provided within a cooling off period, shall attract an administration fee of 10% of the original booking fee.

Cancellations and Cooling Off Periods
By you:  At the time of booking, you acknowledge that a 7 day cooling off commences, in which you may cancel your booking, with a full refund. At the time of expiration of the cooling period of 7 days, from the time of booking, you acknowledge no refunds shall be given for any circumstance, and we reserve the right to retain the full workshop fee. Please note, bookings made on payment plans only, cannot be refunded, but will in return, if identified as sustainable to the continuance of the original training course or workshop, be transferred to another training course or workshop, or held in credit, with a minimum of 30 days notice from the workshop date, from you, and written advice or proof of the reason for transferring your booking,.and you acknowledge that this is our only obligation to you.

By us:  In the event that Rutherford International exercises it’s absolute discretion to cancel or postpone, any workshop or training course, for any reason whatsoever, including inadequate enrolment, logistical problems such as strikes, wars, acts of God, (such as the possibly of, or confirmed threat of cyclone activity and extreme inclement weather in North Queensland), all fees and deposits paid will be transferred to an alternative workshop of the participant's choice within 12 months of the cancellation, if outside the 7 day cooling off period of the original booking, or held in credit, and you acknowledge that this is our only obligation to you. We also reserve the right, in our absolute discretion, to cancel or postpone any workshop or training course, which may make operation of the workshop or training course, inadvisable or unviable, including the safety and security of participants and their equipment. We expressly state that we will not be responsible for any costs associated with travel, accommodation, insurance or any other costs other than the workshop cost that may be associated, either directly or indirectly, with the cancellation of a workshop.

Travel Insurance
We recommend that you have personal health insurance and purchase emergency medical evacuation insurance and emergency medical expense coverage, and trip cancellation insurance, which, may, depending on the terms of your insurance, reimburse you for non-refundable airfare and trip cancellation fees should you have to cancel the trip due to personal or family illness.  Life insurance, baggage loss and baggage delay reimbursement plus other coverage is also advisable. 

Physical Fitness
This workshop may be taken by anyone in good physical condition.  As you may be required to walk over irregular terrain, or for extended periods in regions, that may have hotter than usual temperatures, and carry equipment, you are encouraged to get in shape by exercising regularly.  Please call us if you have any questions about your ability to do a particular trip.  Once your training has started and it is necessary for you to leave the training because it is beyond your physical level, please note that there will be no refunds for any unused portion of the course.

Medical
You must generally be in good health and it is vital that persons with medical problems make them known to us well before the workshop begins.  Although all workshops carry a field safety kit containing general first aid items, it is understood that Rutherford International assumes no liability regarding provision of medical care or provision of medical advice in relation to the workshop.  Trip members are urged to check their coverage to be sure it is adequate and to consult their physician prior to participating in the workshop.

Limitation of Liability
This section defines our responsibility with respect to all of our workshops.  PLEASE READ IT CAREFULLY.  Payment for your booking represents your acceptance of all terms and conditions outlined anywhere within this brochure, with our without your signature.  The workshop application must be completed for each and every person booking a workshop. The workshop application on which your signature appears will further represent your acceptance of these terms and conditions. If you cannot or will not sign the application documents for participate in the course, your acceptance of all terms and conditions may be confirmed by your paid booking alone. By signing this document you hereby accept that Rutherford International has no liability for any damages, losses, or expenses of whatever cause or nature, including those resulting directly or indirectly from acts of God, detention, annoyance, weather, quarantines, strikes, civil disturbance, theft or criminal activity of any kind, government regulations, etc., over which it has no control. Without limiting the above paragraph, Rutherford International shall have no responsibility for additional expenses due to unforeseen delays caused by weather, theft or criminal activity of any kind, political disputes, acts of terrorism, strikes, sickness, failure of flights or other transportation to arrive or depart on time, and other causes beyond our control.  Rutherford International is not responsible for additional hotel nights not specified in the workshop itineraries which may be required en route, prior to or following a trip, caused by airline scheduling or schedule changes, or by individual clients’ travel arrangements or by other factors.  Rutherford International cannot assume any responsibility for loss or damage to baggage or personal property. 

IN NO EVENT SHALL STEVE RUTHERFORD OR RUTHERFORD INTERNATIONAL PTY LTD HAVE ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CHARACTERISED. 

Rutherford International reserves the right to substitute hotels, conference facilities, and to alter the itinerary when deemed necessary or advisable.  The right is also reserved to cancel any workshop prior to departure, or commencement as per the terms and conditions set out above, under ”Cancellations and Cooling Off Periods”, which shall release Steve Rutherford and Rutherford International from further liability. Neither Steve Rutherford nor Rutherford International is not responsible for additional expenses incurred by trip members in preparing for the trip (i.e. nonrefundable advance-purchase air tickets, equipment, etc.) Rutherford International reserves the right to decline to accept or retain any person or member of any trip should such person’s actions or general deportment impede the operation of the course or workshop or the rights or welfare or enjoyment of other members of the course or workshop, and it is agreed that no refunds will be given in such circumstances. Rutherford International reserves the right to take photographic or film records of any of our trips, and may use any such records for promotional and/or commercial purposes without the requirement for a signed release from any members captured in film, or other digitally recorded media. Any recordings provided to participants are copyright protected Intellectual Property, under Australian and International Law, and may not be edited, altered, shared, distributed, posted online or given, loaned or sold to any person, including, any entity, company, charity, organisation, or school for any purpose, without the express written permission  of Rutherford International and the payment of any applicable royalty fees required.

Privacy
Other than the standard internet data usage, Rutherford International does not collect or use any of your personal information unless specifically authorised or permitted pursuant to the Privacy Act 1988. 

Deed of Release, Indemnity and Waiver
In consideration of Rutherford International permitting me to participate in the workshop, I hereby agree as follows:-

Acceptance of Risk

1. The information I have provided in this document is true and correct and I understand that Rutherford International is relying on that information in allowing me to participate in the workshop.
2. I certify that I have been advised of the inherent risks, if any, associated with the workshop and I voluntarily choose to participate in the Rutherford International Workshop, fully accepting that the materialisation of any such risks may cause damage to my person or property.
3. I acknowledge and agree that I have read and understood all of the Terms and Conditions in relation to my participation in the workshop and the costs associated with the same.
   

Release and Discharge
I unconditionally release and discharge Rutherford International from all liabilities, claims and causes of action that may arise from any act, omission, default, failure or error on the part of Rutherford International (including any negligent act, omission, default, failure or error) occurring wholly or partially during the course of the workshop and including whilst in transit to or from the workshop.  I acknowledge and agree that this is in addition to any other release and indemnity provided by me by agreeing to the Terms and Conditions of my participation in the Workshop.

Indemnity

1. I agree to indemnify and keep indemnified, Rutherford International from any liability, claim or cause of action that may be brought against Rutherford International as a result of or in connection with any act, omission, default, failure or error on the part of Rutherford International (including any negligent act, omission, default, failure or error) occurring wholly or partially during the course of the workshop including transit to or from the workshop.
2. I hereby waive any right to claim and agree that Rutherford International will not be liable for any loss or damage, personal injury, death, economic loss or consequential loss whether in tort, in contract, under statute or otherwise for any default, failure, negligence or error on the part of Rutherford International.
3. If despite of these Terms, if it is found, under lawful judgement, that Rutherford International is liable to compensate me, then such liability is limited to the cost of providing the service which the liability arises against.
   

Parent/Guardian Undertaking
Where this document is signed by the Parent or Guardian of a minor (being a person under the age of 18 years) then the Parent/Guardian warrants that the information contained in this form is true and correct and personally covenants in terms of this waiver, release and indemnity. 

Statement of Understanding

1. I acknowledge that I have read and understood the matters set out in this document including the Terms and Conditions of my participation in the workshop and the terms of this deed of waiver, release and indemnity and associated questionnaire and affirm I am of lawful age and legally competent to give this waiver, release and indemnity;
2. I acknowledge that the conditions set out in the document are contractual in nature and are intended to have legal effect and are not merely a warning or provided for information ;
3. I have signed this document of my own free will and without any representation or inducement by Rutherford International, its agents or employees.
   

© Copyright 2010 Steve Rutherford and Rutherford International Pty Ltd. All rights reserved.