Website Terms of Use
This website and its content are owned by Luke Tscharke Photography (ABN 98690701106) and are protected by intellectual property rights. You are granted limited permission to access and display the web pages within this site for personal, non-commercial use only, provided that you do not modify the content. Any other use, reproduction, or distribution is prohibited without prior written consent.
Disclaimers
While we strive to provide accurate information, Luke Tscharke Photography does not guarantee that the information on this site is correct, current, or complete. This site may contain technical inaccuracies or errors. You should verify all information before making any decisions related to services or products described on this site.
Disclaimer of Warranty
Your use of this website is at your sole risk. All materials, information, and services are provided “as is” with no warranties or guarantees of any kind. To the maximum extent permitted by law, Luke Tscharke Photography disclaims all express or implied warranties, including, without limitation, those of merchantability, fitness for a particular purpose, and non-infringement. However, nothing in these terms is intended to exclude, restrict, or modify any non-excludable right or remedy you have under Australian Consumer Law.
Limitation of Liability
To the fullest extent permitted by law, Luke Tscharke Photography is not liable for any direct, indirect, special, or consequential damages related to or arising from the use of this website or any linked sites. This limitation applies to all causes of action, whether based on contract, warranty, tort, or any other legal theory. This clause does not attempt to exclude any rights or remedies you have under the Australian Consumer Law that cannot be lawfully excluded.
Digital Products
This section applies to digital downloads including tutorials, educational videos, presets, and other digital content.
License Terms
When you purchase a digital product, you receive a personal, non-exclusive, non-transferable license to use that content for your own personal and educational purposes. You may not:
- Redistribute, share, or resell the content in any form
- Use the content for commercial purposes without written permission
- Claim ownership or authorship of the content
- Remove any watermarks, branding, or attribution
Delivery & Access
Digital products are delivered electronically via download link or streaming access. Links are typically provided immediately after purchase. Download links may have time or access limits as specified at the time of purchase.
Refunds
Due to the nature of digital products, refunds are generally not available once the content has been accessed or downloaded. If you experience technical issues that prevent you from accessing your purchase, please contact us within 7 days and we will work to resolve the issue or provide a refund at our discretion.
Technical Issues
If you encounter problems downloading or accessing your digital purchase, please contact us. We maintain records of all purchases and can provide replacement download links where access has expired or technical issues have occurred.
Print Gallery
This section applies to purchases from the Luke Tscharke Photography print gallery, including unframed prints and framed artwork.
Returns
You may return an item for a ‘change of mind’ return within 30 calendar days of receipt. To qualify, the item must be unused and in the same condition as received, with the original packaging intact. Please include the receipt or proof of purchase with your return. This policy does not affect your rights under the Australian Consumer Law for goods that are faulty or not of acceptable quality.
Refunds
Upon receiving and inspecting the returned item, we will notify you of the approval or rejection of your refund. If approved, the refund will be processed to your original method of payment. The timing of the credit will depend on your card issuer’s policies.
Exchanges
If you wish to exchange an item for a different print, please contact us within 30 calendar days of receipt. Exchanges are subject to availability and must meet the same return conditions.
Shipping
For ‘change of mind’ returns, you are responsible for return shipping costs, which are non-refundable. If a refund is granted, the cost of return shipping may be deducted from the refund. If an item is being returned because it is faulty or has failed to meet a consumer guarantee, we will cover the cost of reasonable return shipping. We recommend using a trackable shipping service, as we cannot guarantee receipt of the returned item.
Damaged Items
If you receive a damaged item, please notify us as soon as possible. Including photographs of the damage will help expedite the replacement process.
Framed & Custom Orders
Framed prints and custom orders (including specific sizes or finishes not in our standard range) are made to order and are final sale. These items are not eligible for return or refund unless defective or damaged upon receipt.
Workshop Cancellation Policy
Important: This section outlines our cancellation policies for all photography workshops. We understand that plans change, and we aim to be fair while managing the realities of running outdoor photography experiences.
If You Need to Cancel
We understand that circumstances change. If you need to cancel your workshop booking:
- Transfer option: You may transfer your booking value as credit towards any other Luke Tscharke experience or product, subject to availability within 12 months of your original workshop date. If no suitable transfer option is available within 12 months, the booking value will be forfeited. If transferring to a higher-priced option, you will pay the difference. Only one transfer is permitted per booking.
- Refund possibility: Refunds are only possible if we can find another participant to take your place. Any refunds will be less any non-recoverable third-party transaction fees (e.g., credit card processing fees).
- No-show: If you fail to attend your workshop without prior notice, your booking will be forfeited and no refund will be provided.
Please notify us as soon as possible if you need to cancel. The earlier you let us know, the better chance we have of filling your spot and processing a refund.
Cancellations by Luke Tscharke Photography
We may alter or cancel workshops for reasons including insufficient participants, adverse conditions, or other unforeseen circumstances. In such cases:
- Full refunds or alternative dates will be offered
- We may cancel workshops with inadequate enrolment up to 10 days prior, with full refunds or transfers offered
- If your booking must be cancelled due to overbooking, we will offer an alternative date or full refund
Extenuating Circumstances
We understand that genuine emergencies happen. If you need to cancel due to serious illness, family emergency, or other extraordinary circumstances, please contact us to discuss your situation. We will consider each case individually and aim to find a fair resolution.
Single-Day Workshops
This section applies to our single-day photography workshops, including dawn, sunset, astrophotography, and full-day tour experiences operating within the south-east Tasmania region.
Booking & Deposits
Bookings are on a first come, first served basis. A deposit is required at the time of booking to secure your spot. When you book, you may select up to three preferred dates in order of preference.
Balance payment: The remaining balance is only due once we have confirmed suitable weather conditions for your workshop, typically 1-3 days beforehand. This protects you from paying the full amount for a workshop that may need to be rescheduled due to weather.
Weather & Rescheduling
Single-day workshops operate within the south-east Tasmania region, which means we work with the weather conditions available in that area. If conditions are unsuitable for your first-choice date:
- We will first attempt to move your workshop to one of your backup dates (if provided)
- If your backup dates are also unsuitable or unavailable, we will work with you to find an alternative date
- If no suitable alternative can be found, your deposit will be fully refunded
Weather assessments are typically made 1-3 days before the workshop. We make these decisions to ensure you have the best possible experience.
What’s Included
Single-day workshop fees typically include:
- Professional photography instruction and guidance
- Transport from agreed meeting points (unless self-drive is specified)
- Local knowledge and location expertise
- Weather monitoring and planning
Not included: Meals, accommodation, travel to/from Tasmania, personal photography equipment, travel insurance.
Self-Drive Workshops
Some workshops require you to provide your own transport to specified locations. This will be clearly stated in the workshop description. Participants choosing to drive themselves do so at their own risk.
Seasonal Availability
Some workshop types are only available during specific seasons due to astronomical or environmental conditions. Availability will be clearly indicated in workshop listings. Astrophotography workshops focusing on the Milky Way core are typically only available during the cooler months when the galactic centre is visible in Tasmanian skies.
Multi-Day Workshops
This section applies to our multi-day adaptive photography workshops, which typically run over 2-3 days and travel to locations across Tasmania based on conditions.
Adaptive Format
Multi-day workshops use an adaptive format, meaning we travel statewide to go where conditions are best. While the workshop dates are fixed, the specific locations are determined closer to the date based on weather forecasts. This flexibility is the core advantage of the adaptive format—we’re not locked into a single region.
Weather cancellations are extremely rare for multi-day adaptive workshops. Because we can travel anywhere in Tasmania, we can almost always find suitable conditions somewhere in the state. Cancellation would only occur in extraordinary circumstances affecting the entire state.
Guaranteed Departure
What “guaranteed departure” means: Your workshop will run on the scheduled dates even if you are the only participant. We do not cancel due to low numbers—you can book with confidence knowing your workshop will proceed as advertised.
Cancellation by Luke Tscharke Photography would only occur in exceptional circumstances beyond our control (such as serious illness or emergency). In such rare cases, you would receive a full refund or the option to reschedule.
Payment Schedule
A deposit is required at the time of booking. The balance payment is due 21 days before the workshop (or as specified in your booking confirmation). You will receive an invoice before this date. If the balance is not paid by the due date, we will contact you to discuss options.
Accommodation & Inclusions
Multi-day workshop fees include accommodation during the workshop period. Specific inclusions are detailed in each workshop listing.
Room sharing: Due to the adaptive nature of these workshops, accommodation is often booked at short notice. While we aim to provide individual rooms where possible, in some cases participants may need to share twin rooms. We will do our best to accommodate preferences and will advise you of arrangements before the workshop.
Not included: Travel to Tasmania, meals (unless specified), personal equipment, travel insurance.
All Workshops – General Terms
The following terms apply to all photography workshops and events.
Insurance Recommendation
We strongly recommend that you purchase appropriate insurance, including:
- Travel insurance covering trip cancellation, personal health, and emergency medical expenses
- Equipment insurance covering your camera gear for exposure to outdoor elements, including damage from rain, sea spray, and dust
We cannot accept liability for insurance costs, loss of deposits, airline cancellations or delays, or other expenses incurred in preparing for a workshop.
Participant Responsibility
- You accept the inherent risks involved with outdoor travel and photography
- You acknowledge that delays and alterations due to unforeseen circumstances are possible
- You are responsible for ensuring your fitness level matches the requirements of your chosen workshop
- You must bring appropriate clothing and equipment as specified
- In the event of medical emergency, you bear the responsibility for any associated costs
- You agree to behave respectfully towards other participants and instructors, and to care for the natural environment
- You agree to follow all safety instructions during the workshop
Limitation of Liability
We provide our services with due care and skill. We strive to ensure a safe and enjoyable experience but are not liable for injuries, losses, or damages, except where we have failed to meet a standard of care required by law. Our liability for any failure to comply with a consumer guarantee is limited to the remedies available under the Australian Consumer Law.
We are not liable for damages from uncontrollable factors like weather, strikes, government actions, or other circumstances beyond our reasonable control. We reserve the right to change hotels, venues, or itineraries as needed to ensure quality and safety.
Behaviour & Removal
We reserve the right to decline to accept or retain any participant whose actions reasonably impede the operation of the workshop or the safety, welfare, or enjoyment of other participants. Refunds will be considered on a case-by-case basis in such circumstances.
Photography Consent
You consent to Luke Tscharke Photography using images of you from the workshop for promotional purposes. If you have previously indicated preferences regarding photo usage, those preferences will be respected. You may update or withdraw this consent at any time by written notice.
Waivers
A signed waiver form may be required at the commencement of certain workshops; without it, participation may be disallowed. The waiver works alongside these terms and covers the specific risks associated with outdoor photography activities.
Changes to Schedule
All workshop schedules and plans are made in the interest of optimal photographic opportunities. We reserve the right to change schedules, plans, and itineraries depending on weather, health or safety considerations, or other factors. While we make every effort to deliver the experience as described, landscape and astrophotography are subject to environmental conditions that cannot be guaranteed.
Intellectual Property
All workshop materials, guides, and educational content remain the intellectual property of Luke Tscharke Photography. Participants retain full copyright to photographs they take during the workshop.
General Terms
Privacy
We collect and handle your personal information in accordance with our Privacy Policy.
Australian Consumer Law
Nothing in these terms excludes, restricts or modifies rights available under the Australian Consumer Law or other applicable consumer protection laws. These terms are governed by the laws of Tasmania, Australia.
Severability
If any provision of these terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.
Agreement
By making a purchase or booking, you agree to all the terms and conditions listed above. The person who submits a booking form does so on behalf of all individuals included, binding all parties to these terms.
Contact Us
If you have any questions about these terms and conditions, please don’t hesitate to contact us.