This website and all information contained on this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of any works without prior written consent by Luke Tscharke Photography, except that you are granted non-exclusive, non-transferable, limited permission to access and display the web pages within this site, solely on your computer and for your personal, non-commercial perusal. This permission is conditional upon you refraining from modifying the content displayed on this site.
Except for the limited permission in the preceding paragraph, Luke Tscharke Photography does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights in respect of any material contained on this site. You may not copy any of the content from this site on another website or in any other media.
1.1 Certain disclaimers
Luke Tscharke Photography does not guarantee that the information on this website is correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Luke Tscharke Photography assumes no responsibility for updating this site to keep information current or to ensure the accuracy or completeness of any information contained on this website. Therefore, you should confirm the accuracy of all information contained on this site before making any decision related to any services or other matters described in this site.
1.2 Disclaimer of Warranty
You use this website at your sole risk. Any materials, information and services are provided with no warranties or guarantees. Luke Tscharke Photography expressly, and to the extent permitted by law, makes no express, implied, statutory or other warranties, guarantees, or representations in respect of this website. Without limitation, Luke Tscharke Photography makes no warranty or guarantee that this website will be uninterrupted, timely, secure or error-free.
1.3 Limitation of liability
In no event will Luke Tscharke Photography be liable to any party for any damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or reference linked to, referenced or accessed through this website, or for the use or downloading of, or access to, any materials. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort or any other cause of action.
2. Luke Tscharke Photography Print Gallery
You have 30 calendar days to return an item from the date you received it.
To be eligible for a return, your item must be unused and in the same condition that you received it.
Your item needs to have the receipt or proof of purchase.
Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item.
If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
2.4 Contact Us
If you have any questions on how to return your item to us, contact us.
3. Photographic Workshops, Photo Adventures and Events
Our commitment to you. Your contract is with Luke Tscharke (ABN 98690701106) and associated partners, also referred to as “we” or “us”. Any experiences you book via the luketscharke.com website are organised and sold subject to the following conditions:
3.1 Booking and Payment
- Bookings are on a first come, first served basis, and are guaranteed only upon receipt of full payment.
- You can pay the full event cost at time of booking or reserve your position by paying a $500 deposit. If paying by deposit the final balance is due no less than 30 days prior to the event commencing.
- When booking as a couple, a quantity of two is required at time of booking. Should couple participants want to book separately, we will require notice in writing via email prior to booking. By booking as a couple, you are acknowledging that you will be sharing a Queen bed with each other.
- If you book your place via a $500 deposit, you will be required to pay the deposit amount at the time of booking. The remainder is required to be paid no less than 30 days prior to the event. If you don’t pay by this time, you may forfeit your booking. We will discuss this with you before anything serious happens. Deposits for forfeited bookings will not be refunded.
- If you choose to cancel your booking, deposits will only be refunded under extenuating circumstances, including COVID-19.
- You will receive an email notification requesting the final balance prior to the due date.
- In some circumstances, we may change the date the final balance is due, and we will notify you if this occurs.
- Discounts offered under promotions may not apply when paying by deposit.
- If you choose to cancel your booking you may only be refunded part of the fee depending on how close to the event you cancel. No refunds will be given for withdrawal after the event begins.
- More than 60 days you will be refunded 100% minus any non-refundable deposits.
- More than 30 days you will be refunded 50% minus any non-refundable deposits.
- Less than 30 days you will be refunded 0%.
- We reserve the right to alter or cancel any event at any time. For reasons including, but not limited to, too few participants, adverse weather, instructor illness, logistical problems such as strikes, wars, acts of God, or any other circumstances, which may make operation of the event inadvisable. If any event must be cancelled by us, then all fees are refunded in full, or you may choose another date or experience.
- We reserve the right to cancel any photo event with inadequate enrolment 21 days beforehand. If an event must be cancelled because of inadequate enrolment, all fees and deposits paid are refunded in full or transferred to another photo event.
- We reserve the right to cancel your booking should the room type you booked be unavailable, or the trip becomes oversold. Bookings will be accepted on a first-come, first-served basis. We will make every effort to ensure you can be accommodated at another event. If another event does not suit you will receive a full refund.
- We are not responsible for any expenses or damages incurred by event participants because of any cancellation, such as costs expended in preparing for the trip including non-refundable or penalty-carrying airline tickets, equipment, lost income, or any other trip-related losses or expenses.
3.4 Photo Event Fees
- The cost includes the tuition fee for all leaders, on-event transport, and, in some cases, accommodation. All other expenses are the responsibility of the participants. Not included are any airfares, airport taxes, transportation to and from the meeting points, pre and post event accommodation, entrance fees, meals, or personal items, unless stated on the event description page. Price also excludes any insurance coverage for trip cancellation or interruption, travel accident, travel delay, baggage delay or baggage theft, medical or hospitalisation expenses (we recommend you obtain coverage for these items).
- Participants are responsible for making their way to the event meeting points for embarking and disembarking.
- Where an event provides ground transport as part of the package, no discount will be given should the participant request to take their own transport unless a self-drive discount is offered. Participants choose to drive themselves at their own risk.
- We strongly recommend that you purchase travel insurance, including coverage for personal health, emergency medical evacuation, emergency medical expenses, and trip cancellation, which would reimburse you for non-refundable airfare and trip cancellation fees.
- We also strongly recommend insurance for your photography equipment, with coverage for exposure to outdoor elements, including damage from rain and sea spray.
- We cannot accept liability for insurance costs, loss of deposits, airline cancellations or delays or penalties incurred by the purchase of non-refundable airline tickets or other expenses/damages incurred by participants in preparing for this event. We cannot accept liability for any insurance costs if an event is cancelled.
3.6 Limitation of Liability
Payment of your booking fee represents your acceptance of all terms and conditions outlined anywhere on our website.
- We aim to provide every participant with a safe, educational, and enjoyable experience during the events. As there are always certain risks and dangers associated with photography, the outdoors and travel, we accept no responsibility or liability for injury, death, illness, accident, losses, or additional expenses associated with event participation. Nor do we accept responsibility for damage to equipment, property, or digital data loss.
- Every participant must assess their own suitability, in terms of fitness and stamina, for the event that they join. Medical, equipment, and travel insurance is your own responsibility.
- You must notify us of any medical condition we should know about. We assume no liability regarding the provision of medical care. All information is completely confidential.
- We shall have no liability for any damages, losses, or expenses of whatever cause or nature, including those resulting directly or indirectly from acts of God, detention, annoyance, weather, quarantines, strikes, civil disturbance, theft or criminal activity of any kind, government regulations, etc., over which we have no control. We shall have no responsibility for additional expenses because of unforeseen delays caused by weather, theft or criminal activity of any kind, political disputes, acts of terrorism, strikes, sickness, failure of flights or other transportation to arrive or depart on time, and other causes beyond our control.
- We are not responsible for additional accommodation not specified in the event itineraries which may be required en route, prior to or following a trip, caused by airline scheduling or schedule changes, or by individual clients’ travel arrangements or by other factors. We cannot assume any responsibility for loss or damage to baggage or individual property.
- In no event shall we have any liability for incidental or consequential damages, however characterised.
- We reserve the right to substitute hotels, venues, and facilities, and to alter the itinerary when deemed necessary or advisable.
- We are not responsible for additional expenses incurred by trip members in preparing for the trip (i.e. non-refundable advance-purchase air tickets, equipment, etc.)
- We reserve the right to take photographic or video records of any event and may use any such records for promotional and/or commercial purposes.
- You will be required to sign a waiver form prior to the commencement of the event. If this waiver form is not signed, your participation in the event will be disallowed.
3.7 Client Responsibility
- It is a fundamental booking condition that you accept the hazards involved with outdoor travel and photography. You acknowledge that delays and alterations and their results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise.
- You must have a level of fitness commensurate with your chosen event and you are responsible for bringing the appropriate equipment.
- In the event of medical emergency and/or repatriation from an event by whatever means, the client will bear the responsibility of such costs. It is therefore essential that adequate cover is in place. We strongly recommend that you take out an insurance policy at the same time as booking.
- Every participant voluntarily assumes all risks and will hold us, the event leader, any co-leader, or assistants, harmless from all liability, actions, causes of action, claims, debts, and demands which arise in connection with the event. The terms hereof shall serve as a release and assumption of risk for your heirs, administrators, and executors, and for all members of my family, including any minors accompanying you.
- We reserve the right to decline to accept or retain any member of any trip should such person’s actions impede the operation of the trip or the rights or welfare or enjoyment of other members of the trip, and it is agreed that no refunds will be given in such circumstances.
- It is expected that during the event, all participants follow safety instructions to ensure a safe and enjoyable experience.
- All event schedules and plans are tentative and are made in the interest of exciting photographic opportunities. We reserve the right to change, at our exclusive discretion, schedules, plans and itineraries, depending on weather, health or safety considerations, or any other factors related or not related to the photographic opportunities, as we see them fit into the event.
- While significant efforts will be made to provide the event in a truthful manner, all participants acknowledge that landscape photography is subject to many variables including but not limited to environmental conditions that cannot be guaranteed.
By submitting the booking form and/or registering for an event, you are agreeing to all the terms and conditions listed above. The person who submits the booking form does so on behalf of all the individuals included on it, so that all are bound by the booking terms and conditions.
3.10 Contact Us
If you have any queries in relation to these event terms and conditions, please don’t hesitate to contact us.