User Agreement

1. Website Terms of Use

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

2.1 Returns
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.

2.2 Refunds
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.

2.3 Shipping
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. Shoot for the Stars Astrophotography Workshops

Our commitment to you. Your contract is with Luke Tscharke (ABN 98690701106) and Jay Evans (ABN 95709386415), hereinafter also referred to as “we” or “us”. All workshops and/or tours you book with us are organised and sold subject to the following conditions:

3.1  Booking and Payment 

• Registrations are on a first come, first served basis and are allocated and guaranteed only upon receipt of full payment. If we do not receive your full payment within 30 days of workshop commencement, we reserve the right to treat the booking as cancelled and retain the deposit.

3.2  Deposits

• If your workshop offers deposits, and you elect to book the workshop by paying a deposit, the deposit amount is due at time of booking. The balance is due 90 days from the initial booking time, or within 45 days of workshop commencement, whichever occurs first.
• If you place a deposit on a workshop you will receive an email notification asking for the final balance before the due date. We reserve the right to cancel your position on the workshop and retain the deposit if you do not pay the final balance before or on the due date, so please pay it promptly. Deposits may be refunded under extenuating circumstances. In some circumstances we may change the date the final balance is due and we will notify you if this occurs.
• Workshop discounts offered under promotions may not apply when paying for a workshop by deposit.

3.3  Cancellation 

• You may cancel at any time although you may only be refunded part of the fee depending on how close to the workshop you cancel. No refunds will be given for withdrawal after the photo workshop 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 workshop 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 workshop inadvisable. If any workshop has to be cancelled by us then all fees are refunded in full or you may choose another date or workshop.
• We reserve the right to cancel any photo workshop with inadequate enrolment 14 days beforehand. In the event that a workshop has to be cancelled due to inadequate enrolment, all fees and deposits paid are refunded in full or transferred to another photo workshop.
• We reserve the right to cancel your booking should the room type you booked be unavailable or the trip becomes oversold. In this instance bookings will be accepted on a first-come first-served basis. We will make every effort to ensure you can be accommodated in another workshop. If another workshop does not suit you will receive a full refund.
• We are not responsible for any expenses or damages incurred by workshop members as a consequence 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  Workshop Fees 

• The workshop cost includes the tuition fee, on-workshop transport and accommodation. All other expenses are the responsibility of the participants. Not included are any airfares, airport taxes, transportation to and from the pick-up and drop-off points, pre and post workshop accommodation, entrance fees, meals or items of a personal nature, unless stated on the workshop 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 workshop pick-up points and from the workshop drop-off points.
• Where a workshop 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.

3.5  Insurance 

• 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 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 incurred by participants in preparing for this workshop. We cannot accept liability for any insurance costs if a workshop 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 workshops. As there is 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 workshop 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 workshop that they join. Medical, equipment and travel insurance is your own responsibility.
• You must notify us of any medical condition that we should know about. We assume no liability regarding 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 due to 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 workshop 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 personal 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 workshop, 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 workshop. If this waiver form is not signed your participation in the workshop 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 must 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 workshop and you are responsible for bringing the appropriate equipment.
• In the event of medical emergency and/or repatriation from a workshop by whatever means, the responsibility of such costs will be borne by the client. 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 workshop leader, any co-leader or assistants, harmless from any and all liability, actions, causes of action, claims, debts, and demands which arise in connection with the workshop. 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.

3.8  Changes 

• All workshop schedules and plans are tentative and 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 workshop.
• While significant efforts will be made to provide the workshop 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.

3.9  Agreement