- Description of Services and Differing Packages. TCOC provides a basic photography workshop, commencing on October 18, 2018 and ending on October 21, 2018 and offers three (3) packages to select from for varying sleeping accommodations. This agreement is for a one-time attendance to the Retreat in Savannah, GA. Payments can be made in full or paid through a payment plan of three payments. If payment is not received within 24 hours of when payment was requested, you forfeit your ticket and TCOC retains the fees already paid. You will receive in person education from TCOC, will be provided, and excursions are included. Please see the website for specific details regarding package features and pricing.
- Relationship. Nothing herein shall be deemed to constitute a partnership or joint venture between TCOC and Participant. Further, this Retreat does not create a relationship beyond the confines of the Retreat.
- Equipment. The Participant is responsible for providing all of the equipment of use with which to complete the Retreat unless agreed upon otherwise. Equipment required includes DSLR camera/mirrorless camera and lens.
- Confidentiality and Non-Disclosure. The Participant understands that all materials, including but not limited to, educational PDFs, cheat sheets, and other information or documents that are given to them in the course of the Retreat are the exclusive property of the TCOC and are privileged and confidential information. The Participant shall not disclose, whether for compensation or not, the confidential information obtained from the Instructor to anyone unless required to do so by law.
- Transfers/Refunds. The Retreat fee is non-refundable. The Retreat fee may be transferred to another Participant subject to the approval of TCOC. Transferring is the responsibility of the Participant.
- Cancellation. TCOC shall make every effort to give the Participant advanced notice of any changes. In the event that an assignment is cancelled, TCOC will provide notice to the Participant as soon as practicable. TCOC is not liable for damages incurred in reliance on this agreement.
- Non-Compete. Participant shall not compete as a photography Instructor or Workshop Instructor within six months of the completion date of this Retreat. This includes, but is not limited to, in-person, online, forum-based instructing as well as digital products, whether for compensation or not.
- Schedule. The Retreat schedule is subject to change and no adjustment/proration of fees shall be applied if the schedule changes due to extenuating circumstances.
- Recordings. The Client shall not capture the Coaching session in any capacity, including but not limited to voice recording, tape recording, etc. However, photographs taken with camera or camera phone are permitted.
- Photographic Materials. In the event the Retreats includes practicing of photography on models, the Participant shall be allowed to publish the photographs as their own original work.
All photographic materials obtained in the course of the Workshop shall remain copyright property of the creator per Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102.
- Waivers. A waiver by either party of any provision of these Terms in any instance shall not be deemed a continuing waiver for the future.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TCOC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE AND OF THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM ANY OF THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
TCOC’S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED, IN THE AGGREGATE, THE RETREAT FEE PAID BY YOU FOR ACCESS TO THE SERVICES.
- NO WARRANTIES. USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TCOC NOR ANY PERSON ASSOCIATED WITH TCOC MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER TCOC NOR ANYONE ASSOCIATED WITH TCOC PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TCOC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY TCOC OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
- Indemnification. TCOC shall be held harmless for any and all injury to Participant and Participant’s business and equipment during the course of the Retreat and the immediately surrounding events.
- Governing Law and Choice of Venue. These Terms shall be governed by the laws of the State of Kansas without regard to its conflicts of law provisions. The parties may bring an action concerning this Agreement only in the state and federal courts for Kansas.
- Attorney Fees. If either party to these Terms brings a legal action against the other party to these Terms to secure the specific performance of these Terms, collect damages for breach of these Terms, or otherwise enforce or interpret these Terms, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
- Miscellany. These Terms incorporates the entire understanding of the parties. Any modifications of these Terms must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of these Terms. This Agreement shall be governed by the laws of the State of Kansas.
- Resolution. Participant shall first approach TCOC as to any issues related to the Retreat. Failure to do so will result in termination of the Retreat and forfeiture of all Retreat fees. All unpaid Retreat fees shall be remitted to TCOC within two days of contract termination or be subject to legal action.
- Entire Agreement. This Agreement contains the entire agreement between the parties on its subject matter and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
Last Modified: July 11, 2018