Workshop / TOUR TERMS & CONDITIONS
By booking a workshop or tour (Event) with Andrew through this website (https://www.andrewjclarke.com.au) or through Sony Scene (https://scene.sonyanz.com/) you are entering into a services contract with Andrew J Clarke Photography on the terms and conditions set out below (Terms).
These Terms are legally binding, so please read them carefully and contact us if you have any questions or concerns.
General
A reference to “we”, “us”, “our” or “Andrew” means Andrew J Clarke Photography (ABN 54 987 695 681) and any of its employees or contractors.
A reference to “Sony” means Sony Australia Limited (ABN 59 001 215 354).
These terms operate in conjunction with any terms you agree to by using Sony Scene (Sony Scene T&Cs). To the extent that the Sony Scene T&Cs conflict with these Terms, these Terms prevail.
Warranties
You warrant that:
(a) you are over 18 and have legal capacity and authority to enter a contract on these Terms; and
(b) you have reviewed the event description and these Terms and have an adequate level of good health and fitness to safely participate in the Event.
If you are booking on behalf of another person, you warrant that:
(a) you are authorised to make the booking on behalf of that person;
(b) you have provided that person with a copy of, or link to, these Terms; and
(c) that person has an adequate level of good health and fitness to safely participate in the Event.
Health & Insurance Requirements
Our events are designed for adults who are in good health and of moderate level of fitness. Activities during your event may require you to:
(a) walk or hike in natural environments for distances of 1-5 kilometres;
(b) negotiate uneven or unstable surfaces;
(b) carry your own camera equipment, food and water; and
(c) stand or sit for prolonged periods of time.
These activities will be identifed in the event description and the detailed itinerary we provide you. You may choose at any time (and at your complete discretion) to opt out of an activity that you do not feel comfortable participating in.
Vaccinations may be required for some events. You are responsible for the cost of these vaccinations and may need to provide proof of vaccinations to us prior to the start date of the Event.
As a condition of your booking, you are required to disclose any medical or physical conditions, which may create a risk to you or to other guests or which we would need to know about in case of an emergency. We assume no responsibility for your medical care.
We will do our best to work with third party vendors to facilitate special dietary requirements, however we cannot guarantee special dietary requirements can be accomodated at all event destinations.
We strongly recommend that you obtain comprehensive travel insurance for the duration of the Event, covering personal injury and property damage.
You agree to waive, release and discharge us from any liability or cause of action that arises from your failure to obtain adequate insurance.
Booking Confirmation / Deposit
These Terms become binding on you and Andrew upon confirmation of your booking.
Your booking is confirmed when:
(a) you recieve an email confirmation from Sony Scene or from Andrew; and
(b) any deposit required to secure your place (outlined in the relevant event description) is received by Sony or Andrew.
Deposits are non-refundable except in the circumstances outlined in the “Cancellations & Refunds” section below.
Event Fee
The event fee is set out in the event description on Sony Scene and / or on this website (Event Fee).
After paying the deposit to secure your place on the Event, you are required to pay balance of the Event Fee (Balance Payment) at the date set out in the event description (Final Payment Date).
(Note: The Balance Payment equals the Event Fee minus any deposit required to secure your place. For example: if the the total Event Fee is $3,000 and you pay a deposit of $500 to secure your place, the Balance Payment will be $2,500)
If the Balance Payment is not made by the Final Payment Date, we may cancel your booking and retain the deposit. We will contact you in advance of the Final Payment Date with a reminder and, if the Balance Payment remains outstanding, contact you again before cancelling your place.
If you are making your booking after the Final Payment Date, the full Event Fee is required to secure your booking.
While every effort is made to provide reliable information and display correct prices on our website and on Sony Scene, prices sometimes change and errors do occasionally occur. Sony Scene is operated by Sony and we can only publish corrections with approval from Sony (which can sometimes cause delays in updated information being reflected on Sony Scene).
In the event a pricing error occurs, you will be advised of the mistake at the earliest opportunity and you will have the option either to pay the correct price for the Event or to cancel and receive a full refund of any amounts you have already paid.
On rare occasions, the Event Fee may increase after your booking confirmation. This will only occur in circumstances where third party vendors raise prices or other circumstances arise that are outside of our control. If this occurs, you will be advised as soon as possible and you may be entitled to a refund if you do not wish to proceed with the event at the increased price (see the “Cancellations & Refunds” section below).
Covid-19 Policies & Guidelines
We are required to follow guidelines from the Commonwealth and Western Australian Governments, airlines and other third party vendors in relation to Covid-19 (Covid-19 Guidelines).
It is a condition of booking that you also agree to comply with any current Covid-19 Guidelines that are reasonably required to undertake the Event.
Your decision to join us for the Event is a personal one and must be based on your own personal financial and healths circumstances in relation to the impact of Covid-19 on health and travel.
If your personal circumstances are likely to prevent you from complying with any Covid-19 Guidelines, please contact us before booking.
Cancellations & Refunds due to Covid-19
If you decide to cancel your Event with us because of concerns about Covid-19, you will be subject to these Terms as agreed at the time of booking confirmation.
This may result in a cancellation fee and forfeiture of any deposit paid.
In the case that your Event cannot commerce or continue because of Covid-19 restrictions, lock-downs, or any other relevant Force Majeure that is beyond our control, we will refund you for the uncompleted part of the tour less any reasonable losses incurred before cancellation. This may include losses such as unrecoverable expenses to third parties and reasonable administration expenses.
We will make all reasonable endeavours to minimise your losses, and our own.
You may be entiled to make a claim for compensation from your travel insurer if your event is cancelled or cannot continue due to Covid-19.
Cancellations & Refunds
Cancellations must be made in writing by the person who made the original booking.
You may cancel without penalty if:
(a) you are entitled to do so under the Australian Consumer Law;
(b) you advise us of your cancellation 90 days or more from the start date of the Event;
(b) the Event Fee price increases by more than 10% in the circumstances described at term 15 above; or
(c) a major change occurs to the dates of the Event, the number of days of the Event, or major changes to the destinations and locations listed in the itinerary before commencement of the Event.
Note that changes in accommodation and small changes to the programmed activities will not consitute a “major change” for the purpose of term 26(b).
Deposits are non-refundable except where the Event is cancelled by us due to the Event not reaching the minimum number of guests in order to run. If this occurs, your deposit will be fully refunded.
If you cancel outside of the circumstances described at term 26, the following terms apply:
(a) Any deposit paid is forfeited.
(b) If you cancel 45 - 89 days from the start of the Event, 50% of the Balance Payment will be refunded and the rest forfeited as a cancellation fee.
(c) If you cancel 30 - 45 days from the start of the Event, 25% of the Balance Payment will be refunded and the rest forfeited as a cancellation fee.
(d) If you cancel less than 30 days from the start of the Event there is no refund.
The date of cancellation for the purpose of terms 33 and 36 is the date we receive written notice of your cancellation.
Limitation of Liability for Personal Injury & Property Damage
You acknowledge and agree that:
(a) activities during the Event will take place in natural, outdoor environments and there will be dangers and hazards including (but not limited to) uneven/unstable ground, sharp rocks, wind, dust/sand, bodies of water, rain, wet and slippery conditions and/or hot and dry conditions; and
(b) these dangers and hazards are inherent and obvious; and
(c) these dangers and hazards can cause personal injury or damage to personal property.
For the during of the Event, you agree to assume all risks of participating in the Event and take responsibility for:
(a) your own health, medical conditions, safety and wellbeing;
(b) taking all reasonable steps to avoid all dangers and hazards;
(c) any personal injury suffered by you, or any personal injury you cause to any other person; and
(d) theft and/or damage to your personal property.
You agree to waive, release and discharge us from any liability or cause of action that may arise that is in any way related to these Terms and, in particular, the matters discussed at terms 38 and 39.
Limitation of Liability for Force Majeure
In rare cases it may be necessary for us to make major changes to, or cancel, an Event due to extreme or unforeeseable circumstances outside of our control.
These circumstances include (but are not limited to) war, threat of war, riots, terrorist activities, civil disturbances, industrial disputes, serious illness, natural and nuclear disasters, adverse weather conditions, hurricanes, earthquakes, floods, disruptions to transport routes or systems, epidemic, pandemic and other emergency situations (Force Majeure).
You agree to waive, release and discharge us from any liability or cause of action that arises is in any way related to a Force Majeure.
In the event of a Force Majeure, you will not be entitled to compensation, payments, expenses or any sums from us, including the cost of securing alternative accommodation or transport.
In the event a Force Majeure makes it impossible or unsafe for us to deliver all or part of the Event, we may, at our sole discretion, refund you for the uncompleted part of the tour.
Termination & Indemnity for Misconduct
By booking an Event with us, you accept responsibility for your own conduct.
We may terminate the contract at any time if we deem that your conduct:
(a) caused or is likely to cause personal injury or death;
(b) caused or is likely to cause damage to another person’s personal or real property; or
(c) threatens or is likely to threaten the safety or wellbeing of any other person, including our guests, employees, contractors or members of the public.
If we terminate the contract pursuant to term 40:
(a) no refund will be given; and
(b) you will not be entitled to compensation, payments, expenses or any sums from us, including the cost of securing alternative accommodation or transport.
If your misconduct causes personal injury, damage to property or death, you agree to fully indemnify us against any liability or cause of action that may be brought against us by any third party that is in any way related to your misconduct.
