Terms and Conditions
Release of Liability
In exchange for participation in the activity of storm chasing and storm photography workshops organized by Extreme Photo Workshops/Tim Baca Photography and/or use of the property, facilities and services of Extreme Photo Workshops/Tim Baca Photography you agree for yourself and (if applicable) for the members of your family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted
rules and warnings, and further agree to follow any oral instructions or directions given by Extreme Photo Workshops/Tim Baca Photography, or the employees, representatives or agents of Extreme Photo Workshops/Tim Baca Photography.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain
inherent risks associated with the above described activity including but not limited to; extreme weather, uneven ground, and vehicle travel, and I assume full responsibility for personal injury to myself, and further release, discharge, and waive all possible claims against Extreme Photo Workshops/Tim Baca Photography for injury, loss or damage arising out of my use of or presence upon the facilities of Extreme Photo Workshop/Tim Baca Photography, whether caused by the fault of myself, Extreme Photo Workshops/Tim Baca Photography or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Extreme Photo Workshops/Tim Baca Photography against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of or presence upon the facilities of Extreme Photo Workshops/Tim Baca Photography.
4. FEES. I agree to pay for all damages to the facilities of Extreme Photo Workshops/Tim Baca Photography caused by any negligent, reckless, or willful actions by me.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the
above shall be resolved under New Mexico law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of
an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or
relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
Cancellation and Refund Policy
We understand that attending our workshops requires advance commitment, and also that things can happen that may force you to cancel after booking a workshop with us. Based on the cancellation date, the following policies apply:
Greater than 60 days before the workshop start date: 75% refund of payment
45 days before the workshop start date: 50% refund of payment
30 days before workshop start date: No refund
All refunds will be made by the same method as the original payment.
Use of Name and Likeness
We reserve the right to take photographs or videos during the operation of any workshop or part thereof and to use the resulting photography 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 reservation with Extreme Photo Workshops, participants agree to allow their images to be used in such photography; participants who prefer that their image not be used are asked to identify themselves to their workshop leader at the commencement of their trip. We also reserve the right to use, in all or in part, any written reviews you may provide to us in our advertising and publicity both in print and electronic media.
Consent to Receive Email Communications
By purchasing a storm photography workshop, you consent to receive informational and marketing email communications from Extreme Photo Workshops.