By registering for a ColorTexturePhotoTours, LLC trip (each a “Trip”), each participating client (“Client”) agrees to the following terms and conditions of this Liability and Cancellation Policy (the “Agreement”).
ColorTexturePhotoTours, LLC (also referred to as “Our”, “We” or “Us”) strives to make each and every Trip a success for each of Our clients. However, at times, events beyond Our control make that impossible or impracticable. Accordingly, there may at times be a situation arising that makes it necessary for Us to cancel or modify a Trip. Additionally, for each Trip there is some inherent risk involved in traveling. The undersigned Client and ColorTexturePhotoTours, LLC hereby agree to these terms and conditions.
ColorTexturePhotoTours, LLC assumes and incurs no liability as a result of any weather event, war, unrest, political confrontation or other act of God, which may occur anywhere in the world that may impact a Trip.
ColorTexturePhotoTours, LLC has no liability for any events over which We do not have direct control that may alter or influence a Trip.
ColorTexturePhotoTours, LLC reserves the right to (i) substitute hotels or other accommodations with a similar category for those previously indicated and (ii) make any changes in the itinerary with respect to location, transportation or other Trip details in ColorTexturePhotoTours, LLC sole discretion. ColorTexturePhotoTours, LLC further reserves the right to modify, change or cancel the itinerary as it sees fit.
ColorTexturePhotoTours, LLC may cancel any Trip prior to departure if We feel it is in the best interest of the Trip and Our Clients to do so.
ColorTexturePhotoTours, LLC is charged with acting in the best interest of Our Clients and does everything reasonably expected to ensure their safety and well-being. However, ColorTexturePhotoTours, LLC is not responsible for any costs or expenses of Our Clients in relation to a Trip. ColorTexturePhotoTours, LLC will not refund any payments relating to a Trip, nor is ColorTexturePhotoTours, LLC liable for any other Trip preparation expenses, including air tickets, visas, medical expenses or any other costs incurred in preparing for said Trip. Participants are instructed that Trip prices are based on tariffs and exchange rates in effect at the time the Trip is planned and advertised. Such Trip prices may be subject to adjustment in the event of any changes affecting price at ColorTexturePhotoTours, LLC’s reasonable sole discretion.
All deposits and funds paid to ColorTexturePhotoTours, LLC will be returned in full if Client’s reservation has been cancelled. Additionally, ColorTexturePhotoTours, LLC assumes no responsibility for losses or additional expenses due to delays or changes in travel schedules, sickness, weather, strike, war or other causes. All such losses or expenses will be borne by the Client.
ColorTexturePhotoTours, LLC reserves the right to substitute trip leaders from those originally specified and to accept or retain any person as a member of any Trip.
ColorTexturePhotoTours, LLC and/or Our agents are acting only as agents for Our Clients with respect to travel relating to the Trip, including, but not limited to sightseeing, meals, lodging, transportation, and all other services whether by motorcar, motor coach, boat, ship, railroad, aircraft or any other form of transportation in relation to the itinerary of the Trip as set forth by ColorTexturePhotoTours, LLC. ColorTexturePhotoTours, LLC assumes no liability for any loss, damage, injury, death, accident, snake bite, animal attack, delay or other event which may be occasioned for any other reason whatsoever, including but not limited to defect in any vehicle or conveyance or acts or omissions of any third party company or persons engaged in conveying the Client or any other passenger in conjunction with the Trip.
ColorTexturePhotoTours, LLC is not responsible for any issues due to allergic reactions to foods or related illnesses.
ColorTexturePhotoTours, LLC has the right to refuse service to any individual for any reason. This refusal of service could be based on personality conflicts, complaints from other Clients or guests, safety concerns, or an understanding by ColorTexturePhotoTours, LLC's staff that the Trip may be too physically challenging for any particular individual. This policy can be enacted at any time prior to the Trip's departure.
Baggage and equipment is at the owner’s risk entirely, and it is the owner’s responsibility to make arrangements to convey said baggage and have it at the proper destination. All Clients are subject to this responsibility and risk upon bringing baggage and/or equipment on the Trip.
Travel and medical insurance is optional and is the responsibility of the Client to purchase. ColorTexturePhotoTours, LLC strongly recommends said purchase.
The Client hereby gives permission to ColorTexturePhotoTours, LLC to use any images or video taken of the Client on a ColorTexturePhotoTours trip for promotional materials of ColorTexturePhotoTours, LLC trips and Our website.
The Client hereby gives permission to use any quotes or audio recorded about the Trip the Client states during the trip or gives to ColorTexturePhotoTours, LLC to be used on Our website or promotional materials for Our trips.
ColorTexturePhotoTours, LLC has the right to add up to 2 guests over maximum to a Trip. This is sometimes needed to fill vehicles, accommodate a couple, or find roommates for guests.
Notwithstanding anything herein to the contrary, deposits are non-refundable. For refunds, ColorTexturePhotoTours, LLC requires that a request in writing be received by the cancellation date indicated on each Trip itinerary page on Our website. If ColorTexturePhotoTours, LLC receives the Client’s written cancellation request before the deadline and can refill the Client’s space, ColorTexturePhotoTours, LLC will refund all payments, minus the Client’s deposit and any discounts given to refill the Client’s space. If ColorTexturePhotoTours, LLC cannot refill the Client’s space, ColorTexturePhotoTours, LLC will refund 50% of all payments, minus deposit. No cancellations are allowed, nor refunds given, after the final payment deadline listed on each Trip itinerary page on Our website. No partial refunds are given for unused services. There is a $50.00 fee charged for all returned checks.
The undersigned Client agrees to indemnify, defend and hold harmless ColorTexturePhotoTours, LLC (including its assigns, if any, and its and their respective principals, officers, directors, managers, agents, employees, members or shareholders) from and against, and pay or reimburse ColorTexturePhotoTours, LLC and such other indemnified persons for any and all actions, claims, demands, proceedings, investigations, inquiries, liabilities, obligations, fines, costs, expenses, losses, and damages related to or arising from the execution, delivery, or existence of this Agreement or the performance by ColorTexturePhotoTours, LLC or the Client of this Agreement, and to reimburse ColorTexturePhotoTours, LLC for out-of-pocket expenses and reasonable legal and accounting expenses incurred by it in connection or relating to investigating, preparing to defend, defending, asserting or prosecuting any actions, claims, or other proceedings arising in any manner out of or in connection with the execution, delivery or existence of this Agreement or ColorTexturePhotoTours, LLC’s or the Client’s performance under this Agreement. The parties stipulate and agree that they shall first attempt in good faith to settle any dispute between the parties arising out of or concerning this Agreement by mediation prior to any further legal action. The parties stipulate and agree that this Agreement shall be construed pursuant to the laws of the State of Washington, without regard to the conflicts of laws rules thereof, and that the exclusive venue for any disputes shall be King County, Washington.