TERMS AND CONDITIONS
256, LLC [ dba 256 Shades of Gray ]
256, LLC, is a Utah Limited Liability Company, dba 256 Shades of Gray. In this document 256, LLC is referred to as 256 Shades of Gray.
By attending a 256, LLC (dba 256 Shades of Gray here after) photography Workshop, tour, classes, private or group instruction, private or group guided tour, or other 256 Shades of Gray activity [ collectively referred to as Workshop ] you are accepting certain risks. Your application shall serve as a release of our liability. You assume complete responsibility for all risks by you and your heirs, next of kin, beneficiaries, administrators, executors, and successors now and in the future. By accepting our terms of service, you are acknowledging that you are aware that travel, no matter where it may be, and by whatever form of conveyance, involves some inherent risk of injury, illness, death, loss, or damage to personal property, which may be caused by acts of nature, negligence or actions of others.
In consideration of, and as part of the payment for your participation in a Workshop or any program that 256 Shades of Gray, or their assigns, may be conducting, you are voluntarily releasing 256 Shades of Gray, their employees, officers, agents, representatives, assigns, independent contractors, or anyone involved thereof, from any damages, liabilities, costs, injuries whether mental or physical, known or unknown, and by participation you agree to assume all risks whether known or unknown.
Unless accompanied by a parent or legal guardian (and with our approval), you must be at least 21 years-of-age to attend one of our Workshops. Your application signifies your full understanding and agreement that you release and hold harmless 256 Shades of Gray, it’s officers, agents, representatives, sponsors, subcontractors and assigns from any and all liability, actions, causes of actions, suits, debts, and demands of every sort and nature whatsoever, known or unknown which have or may arise out of, or in connection with your participation in any activities arranged by them without limitation, all liability, actions, causes of action, claims, debts, suits, and demands related to the negligence of said persons.
You also acknowledge that, while we carefully plan all of our itineraries, they are not a guaranteed schedule of activities, events, or participation, but only a guideline. All participants must allow for flexibility and changes deemed necessary by the Workshop leader. There may be situations known or unknown to us at the time of planning that are beyond our control due to acts of nature, climatic changes, geographic, physical, or governmental restrictions that will cause further changes in timing, locations, and activities. Understanding this, you further agree that there will be no discounts or refunds for activities curtailed or otherwise modified by such circumstances.
You acknowledge that you are assuming the responsibility to select an activity that matches and is appropriate to your physical abilities and interests. You are personally responsible for being in sufficiently good health to undertake said activity. By accepting our terms of service, and by your deposit, you certify that you do not knowingly have any physical or other considerations of health that would create a risk for you or other participants. We reserve the rights to request a doctor’s statement of good health.
You will be responsible for reviewing and understanding all pre-trip information; for bringing all equipment, personal items, and appropriate clothing; for conforming to appropriate standards of dress and hygiene; and for acting in a manner considerate of fellow participants, staff, locations and environments. We reserve the right to cancel any activity and to accept or reject any person as a participant of any activity. The Workshop trip leader’s judgment shall provide the final determination of an individual’s ability to participate in, or continue to participate in, any activity or program.
By attending one of our photography Workshops you are agreeing to have any claim, controversy, or dispute relating to the enforcement or interpretation of this document or arising or relating to your registration, participation, or attendance at a 256 Shades of Gray Workshop decided under the rules and regulations of the American Arbitration Association and you are giving up any rights you might possess to have a dispute litigated in a court or jury trial. You further acknowledge that you are giving up your judicial rights to discovery and appeal. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the State of Washington Code of Civil Procedure.
Cancellation or Change of a Workshop
While 256 Shades of Gray will make every attempt to operate a Workshop once confirmed, we reserve the right to cancel or change any Workshop, at any time due to insufficient bookings and/or reasons beyond our control that might create unsafe or undesirable travel conditions for the participants. In such case, a full and immediate refund will be issued. However, the financial liability of 256 Shades of Gray shall be limited to the amount paid to 256 Shades of Gray for the Workshop only and shall not be extended to cover any other associated travel costs that you may have incurred (e.g. non-refundable air tickets, change fees, visa fees if applicable, clothing, equipment, miscellaneous transportation costs, medical expenses, travel insurance premiums, etceteras). We reserve the right to refuse acceptance of any participant, for any reason, at any time. We are not responsible for any additional expenses incurred by such participants.
Cancellation and Refund Policy
If you cancel and the Workshop is otherwise filled, we will refund you the full amount you have paid to 256 Shades of Gray towards the price of the Workshop, minus a 25% service charge or $150; whichever is smaller. If the Workshop does not fill, then you will be refunded according to the following schedule, based on the full fee of the Workshop:
Greater than 90 days from the start date of the Workshop: full refund minus $150 fee or 25%.
61-90 days: 50% refund
30-60 days: 25% refund
Less than 30 days: no refund
Refunds will be paid by the same method that the original payment was made. Refunds will be initiated within 3 business days of the time that the request is approved. Note that there are certain workshops, photo walks, photo tours and other 256 Shades of Gray where the above Cancellation and Refund Policy does not apply. In some cases the deposits are not refundable under any circumstances. We always note this in the workshop description.
Use of Name and Likeness
We reserve the right to take photographs or videos during a Workshop or any part thereof and to use the resulting photography in whole or in part for promotional purposes, including, but not limited to: advertising and publicity promoting 256 Shades of Gray Workshops both in print and electronic media. By making a reservation for a 256 Shades of Gray Workshop, participant agree to allow his / her likeness to be used by 256 Shades of Gray without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify 256 Shades of Gray in writing prior to the beginning of the Workshop. We also ask that participants who prefer that their image not be used, and who have notified 256 Shades of Gray of such preference, to identify themselves to their Workshop leader at the commencement of their Workshop.
Transportation, transfer fees, airfare, car rental and any other form of paid transport is not included unless otherwise noted in the itinerary; activities noted as optional in the itinerary; all gratuities, unless otherwise noted in the itinerary; passport and visa expenses; medical expenses and immunizations; baggage/accident/cancellation insurance; personal expenses, such as laundry, telephone calls, meals (except as indicated in the itinerary) alcoholic beverages; and any other items not specifically noted as included.
Each customer traveling across any international boundary is solely responsible for obtaining all necessary travel documents and immunizations, including any required visas, and for complying with the laws of each country flown from (the departure country), through (any transit country) and into (the destination country). Valid passports are required for international travel.
We strongly recommend that you purchase travel insurance unless you’re already covered by an existing policy. Travel insurance often provides coverage for losses suffered in the event of trip cancellation and interruption, travel delay, loss of baggage and travel documents, baggage delay, medical emergencies and accidental death. We do not assume any obligations or liabilities in connection with travel insurance. It’s your responsibility to purchase travel insurance if you determine that you need it.
All material distributed in support of the workshop including handouts, cheat cards etc. are copyrighted by 256 LLC. All photographs taken by participants during the workshop and use thereof are the responsibility of the participant to understand copyrights and publications rights and any other restrictions associated with use of images. Participant indemifies 256 Shades of Gray (256 LLC) for any legal actions, infringements or other actions resulting in use of any image or photograph they take during the workshop.