By booking a Mentorship program you agree to abide by the Terms and Conditions set out below.
St John Cayden Hsu on behalf of the NGO Photographers Alliance has registered the business with the Australian Securities and Investments Commission (ASIC). For the purposes of these Terms and Conditions, the business is described as the NGO Photographers Alliance. Should there be any legal difficulties that arise, the law of Australia is the governing law. The Terms and Conditions comply with Australian Consumer Law. All monetary figures below are in Australian dollars (AUD) unless otherwise stated. This document was last modified on 13 January, 2018.
Confirmation Of Booking
Booking a Mentorship program is made via the NGO Photographers Alliance website at //www.ngo-photographers.com. The booking can only be made online. After booking your place(s), you will receive the bank account information to proceed to the payment of the balance if paying by means of direct bank transfer (via Transferwise) and/or an email of receipt if you chose to pay using a Credit or Debit Card. Your place is secured only at the moment your payment has been received in full in our bank account. Once we receive your payment, you will get an e-mail with an invoice that will serve as an official confirmation of your reserved place(s).
Scheduled Mentorship programs are for adults 18+ only. Individuals under 18 should book a Mentorship program together with an adult/family member attending as a course client (also referenced as “client”). Minors may be admitted with signed parental consent.
Only the person(s) booked may attend. You cannot bring non-participating companions even without a camera. Non-photographing partners taking part in the Mentorship program will have to pay the same fee as participating photographers.
You are advised not to confirm any personal travel arrangements (flights or ferry bookings) until we confirm to you that the Mentorship program will run as scheduled. Very occasionally, program are canceled due to unforeseeable circumstances and we reserve the right to cancel under-booked programs and refund the deposit to those people who have booked. If this happens, you may be offered a choice of alternative program, dates or a full refund.
Payments will be made via Transferwise (preferred) or via Credit/Debit card and deposited directly into our bank account. You will be provided with your payment information in the e-mail received upon submitting your booking form. Only when the NGO Photographers Alliance receives your payment in full will your booking be considered completed and confirmed. You will receive an electronic invoice via e-mail, which will serve as confirmation of the booking.
When you receive the confirmation invoice please check the details carefully and inform us immediately if anything is incorrect. Names on travel documents must exactly match those shown in passports – we cannot accept responsibility if an airline or other supplier refuses boarding because the name(s) shown in your passport differ from those on your ticket.
The payment for a chosen Mentorship must be paid in full at the time of booking. Should this final payment fail to reach us before the commencement of the Mentorship program, we reserve the right to treat the booking as cancelled.
Once a place in our Mentorship program has been booked, the payment is non-refundable. Refunds are ONLY possible should the Mentorship program be cancelled by the NGO Photographers Alliance due to unforeseeable circumstances or through the cancellation of NGO participation. In these scenarios, the NGO Photographers Alliance will strive to ensure participants are notified at the earliest date possible but please be aware that in certain cases, circumstances outside of our control may result in a sudden cancellation and we are only able to notify participants when we become aware of them. If such a situation occurs, the NGO Photographers Alliance will refund you your payment (if requested) or make alternative arrangement to compensate. Unfortunately, the NGO Photographers Alliance can only compensate for the cost of your participation in the Mentorship program and cannot compensate for additional costs incurred such as your pre-arranged flight or travel booking. Your acceptance of our Terms & Conditions guarantees your understanding of this precondition.
Any necessary travel documents and associated program materials will be issued to you electronically prior to commencement date of each Mentorship program dependent on receipt of your payment. Travel documents will not be issued unless final payment has been received.
The NGO Photographers Alliance reserves the right to modify certain information contained in the Mentorship program documents if the circumstances made are necessary (transportation, lodgings, meals provided, excursions and other services included in the package, etc) whilst always respecting the same quality level of the original expected services. In the rare cases where MAJOR changes are necessary, the client will be informed via e-mail. If the client does not reply within 5 working days then they will receive a direct phone call.
The NGO Photographers Alliance reserves the right to alter or cancel any Mentorship program. Should a substantial alteration or cancellation become necessary, you will then have the choice of accepting the change, taking an alternative Mentorship program (where this is of a lower price we will refund the difference) or withdrawing from the contract and accepting a refund of all monies paid to the NGO Photographers Alliance.
In the event of the specified mentor being unable to attend due to illness or other circumstances beyond our control, we will make every effort to provide another mentor, reschedule or compensate the program clients. In the event of a cancellation of the full Mentorship program we will refund your deposit and full balance or offer you alternative dates. The decision will be yours as to which you would prefer. Compensation for curtailment or for the NGO Photographers Alliance cancelling part of the Mentorship program will be based on a percentage of the full fee calculated by the extent of the cancellation or curtailment. For example, if one day of a seven day program has to be canceled due to illness, we will refund at least 15% of the fee or offer an alternative date.
In the unlikely event that we become unable to provide a significant proportion of the services you have booked after you depart, we will make alternative arrangements for you at no extra charge.
If you have special dietary or other requests, you should inform us of these prior to departure. We will advise the relevant supplier of your requirements but we cannot guarantee that such requests will be met and will have no liability to you if such requests are not met.
The type of Mentorship programs we offer requires flexibility and must allow for alternatives. For this reason, the outline itinerary and description of the Mentorship program must be taken as an indication of what may take place on the program, and not as a contractual obligation on our part.
When you are unable to travel for genuine reasons you can transfer your booking to another person subject to the following:
1) You must notify us in writing at least 14 days before departure; and
2) Your request is accompanied by written proof of your reason for being unable to travel (such as a doctor’s certificate), all original travel documents you have received and the full name and address of the transferee; and
3) The transferee must fulfill any conditions that apply to the booking; and
4) Payment by you of an administrative charge of $50 per person and all costs which those supplying your travel arrangements impose. Both the transfer and/or the transferee are jointly and severally liable for all payments outlined above.
What Is & Is Not Included
Accommodation and some meals as indicated in the description of the Mentorship program, educational materials, pre-departure information, ground transportation during the program, workshops, NGO participation, related activities and the services and guidance of the NGO Photographers Alliance mentors are included.
If we offer to loan camera equipment or camera accessories to a client during a workshop, that person then becomes fully responsible for the safety of such equipment. If any damage or loss occurs, the client agrees to replace the item with a new replacement at full cost.
Air and ground transportation to the place of the Mentorship program and related fees (except as indicated in the detailed information), transport from the airport to hotels (unless indicated specifically in the Mentorship program), individual return airfare, passport and visa expenses, personal health and travel insurance, optional materials for partner NGOs, luggage/accident/travel insurance, personal expenses, personal spending money, criminal record checks/Criminal Records Bureau (CRB) checks/Disclosure Barring Services (DBS) checks, most meals, as well as tips for the mentor/guides and any other items not specifically noted as included in the description of the program are NOT included in the costs of the program.
Accommodation is included in the cost of Mentorship programs. Clients will be accommodated in hotels, bed and breakfasts, or on-site with beds, a common room where possible, access to basic kitchen facilities where possible and a bathroom. On-site accommodation is provided by the NGO partner.
The accommodation provided is only for the use of clients shown on the booking form and sub-letting, sharing or assignment of the accommodation to others is strictly prohibited.
All damages and breakages will be charged to the client and must be paid for before vacating the accommodation. The client undertakes to behave in an orderly fashion and not to disrupt the enjoyment of other clients or behave in any way that would harm the reputation of the NGO Photographers Alliance. Any client who breach this clause shall be terminated immediately from the Mentorship program and the NGO Photographers Alliance shall have no further contractual obligations towards him or her.
Our Liability Obligations
Participants on any one of the programs or services offered by the NGO Photographers Alliance understand and agree that certain risks are undertaken when joining or accepting a service and that they will not hold the NGO Photographers Alliance for general liability. Our obligations, and those of our suppliers providing any service or facility included in your program, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier are actually providing the service or facility, to provide them and to do so with reasonable care. You must show that reasonable skill and care has not been used if you wish to make a claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your Mentorship program may involve. Sometimes these standards will be lower than those which you may expect to find in your home country. The services and facilities included in your Mentorship program will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs.
For claims which do not involve death or personal injury, we accept, and will only have, liability should we fail to satisfy the obligations detailed above. If we have liability, we will pay you reasonable compensation (limited to 2 times the value of your program) if your enjoyment of the program is adversely affected. Any sums received by you from suppliers such as airlines will be deducted from any sum paid to you as compensation by us.
For claims which involve death or personal injury as a result of an activity forming part of your program, we accept, and will only have liability should we fail to satisfy the obligations detailed above. If we have liability, we will pay you reasonable compensation.
We shall have no liability where the cause of the failure to provide, or failure in, your program or any death or personal injury you may suffer is not due to any fault on our part or on that of our servants, agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your program and is unforeseeable or unavoidable, or is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
If any international convention applies to or governs any of the services or facilities included in your program arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded).
International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. Copies of relevant considerations are available on request. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your Mentorship program.
If you choose to issue court proceedings in respect of a claim against us, you must do so within 1 year of your return from the program or within 1 year of first discovering the matters giving rise to the claim, if this is the later. If you do not, then our liability to you will be limited in all cases to the sum of $200.
The NGO Photographers Alliance is not liable for any damages, losses, or expenses of whatever cause or nature, including those resulting directly or indirectly from acts of God, detention, air/ground strikes or delays, partner NGO cancellation of participation, annoyance, weather, natural disasters, quarantines, general strikes, civil disturbance, theft or criminal activity of any kind, government regulations, or any other occurrences over which there is no control.
The NGO Photographers Alliance reserves the right to substitute program facilities, and to alter the itinerary when deemed necessary or advisable. The right is also reserved to cancel any program prior to the start date upon the refund of all payments received, which shall release the NGO Photographers Alliance from further liability. The NGO Photographers Alliance is not responsible for additional expenses incurred by trip members in preparing fo the program (i.e. non-refundable advance-purchase air tickets, equipment, etc.)
The NGO Photographers Alliance reserves 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. Any liability claims in which a member who falls under this category will thus be void from the moment of their participation termination.
The NGO Photographers Alliance reserves the right to take photographic or film records of any of our trips, and may use any such records for promotional and/or commercial purposes.
The NGO Photographers Alliance strives to provide a safe environment for all clients to learn and photograph in. There are always risks associated with travel, the NGO Photographers Alliance is not responsible or liable for any injury, illness or death as a result of workshop participation.
Other than what is set out above, and as is detailed elsewhere in these terms and conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your program.
The NGO Photographers Alliance agrees to use all reasonable endeavours to provide the booked program as described on the website, but will not be responsible if, having used all reasonable endeavours, it is unable to do so.
Whilst the NGO Photographers Alliance uses due diligence in its efforts to ensure that all descriptions of, or any information in relation to, programss supplied to clients are accurate, it shall not be liable in the event that an aspect of the program fails to comply with any description of information even if the client specifically relied on that particular aspect in choosing or booking the program, provided the NGO Photographers Alliance has used due diligence.
Should you pay a deposit to secure a place on a program, please be aware that the deposit is fully non-refundable under any circumstances, except for the cancellation or postponement of the program upon which your deposit will be returned to you.
Claims Against Third Parties
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity that does not form part of your package travel arrangements, we shall at our discretion, offer guidance, advice and assistance to help you resolve any claim you may have against a third party, provided we are advised of the incident within 60 days of its occurrence.
Your Liability Obligations
As a client in the NGO Photographers Alliance Mentorship programs you should be aware that by taking part in a Mentorship program you can run certain risks related to travel, transportation, outdoor activities, eventual remoteness of medical facilities, etc. You assume all risks (property damage, injuries, medical expenses, repatriation expenses, death, economic losses, transportation costs for abandonment of the workshop, etc.), and hereby release the NGO Photographers Alliance and hold it free from any and all liability, actions, causes of actions, debts, claims, and demands of every kind and nature in connection with their participation in any Mentorship program arranged by the NGO Photographers Alliance. The terms hereof shall serve as a release and assumption of all risk for the client, his/her next of kin, executors and administrators, and for all members of the client’s family. All legal liability for participating in a program offered by the NGO Photographers Alliance is assumed by the client.
All baggage and personal possessions remain at all times and in all circumstances at the owner’s own risk and the NGO Photographers Alliance cannot be held responsible for any loss or theft that may occur. All clients are financially liable for property and personal damage, even accidental, caused to third persons or property, including those owned by the NGO Photographers Alliance. Each client is responsible for himself/herself and his/her own material/equipment. The NGO Photographers Alliance assumes no liability for any loss, damage or theft of luggage, clothing, photographic equipment or personal items of its clients, which should remain under supervision of the client for the duration of the Mentorship program.
When booking a Mentorship program with the NGO Photographers Alliance, all clients automatically agree to have read, understood and accepted these Terms and Conditions, which constitute a binding contract between the NGO Photographers Alliance and the client. Also, the client agrees to have reviewed the preliminary information given by the NGO Photographers Alliance concerning the particular Mentorship program, have correctly prepared himself/herself and arrive at the meeting point of the program with the necessary equipment indicated. The NGO Photographers Alliance will not take any responsibility for clients who are inadequately prepared physically and/or equipment-wise.
By registering for an NGO Photographers Alliance Mentorship program, the client certifies that he/she does not have any mental, physical, or other condition or disability that would create a hazard for him/herself or other clients.
Your Contractual Requirements
By signing an NGO Photographers Alliance booking form you agree to accept the Terms and Conditions and you agree to accept the authority and decisions of our employees, mentors, agents and suppliers while attending the program. If, in the opinion of any of these, your health or conduct appears likely to endanger the progress of a program you may be excluded from the whole of, or part of, the program. In the case of ill-health, we may make such arrangements as we deem necessary and recover the costs thereof from you. If you commit an illegal act we shall cease to have responsibility to or for you.
This can rightly be considered adventure travel and many of our destinations are in remote areas, within under-developed countries, where events are less predictable than is usually the case in locations such as Australia, Europe or North America. The unexpected is normal in these under-developed areas and, despite painstaking planning and organisation, our programs can never be taken for granted like regular holidays. Many of the places we visit do not have the same quality of emergency health and safety services that we are used to in the developed world. Internal flights can be cancelled, road transport is generally uncomfortable and unreliable, and accommodation often does not approach the standards of the West.
This unpredictability also means that some of the itineraries that we put forward for each of other Mentorship programs should be seen as statements of intent, rather than as contractual obligations. A variety of factors, including weather, transport difficulties and political instability, might dictate that we change any part of the itinerary. The mentor will make any changes deemed necessary, after consultation with the group. Only rarely will such changes be significant, and we will always do everything within our powers to minimise the effects of the enforced changes. We cannot be held responsible for the results of changes or delays, irrespective of how they are caused.
Air Travel Conditions of Carriage – Montréal Convention
Air carrier liability for passengers and their baggage: this information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montréal Convention. The 1999 Montréal Convention came into effect for Australia on 24 January 2009. The currency denominated here is the GBP.
Compensation in the case of death and injury: there are no financial limits to the liability for passenger injury or death. For damages up to approximately £80,000, the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent of otherwise at fault.
Advance payments: if a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days of the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than £13,000.
Passenger delays: in case of a passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for delay is limited to approximately £3,300.
Baggage delays: in case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to approximately £800.
Destruction, loss or damage to baggage: the air carrier is liable for destruction, loss or damage to baggage up to approximately £800. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage: a passenger can benefit from a higher liability limit by making a special declaration at the latest check-in and by paying a supplementary fee.
Complaints on baggage: if the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must complete a Property Irregularity Form at the airport and write and complain within seven days, and in the case of delays within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
Liability of contracting and actual carriers: if the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting carrier.
Time limit for action: any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
The basis for the rules described above is the Montréal Convention of 28 May 1999, which is implemented in the Community by Regulations (EC) no 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.
Any arrangements you make independently which do not form part of the Mentorship program are entirely at your own risk. Where you book any excursions or additional travel arrangements while on your program, we can only act as a potential booking agent.
Travel insurance is mandatory for all clients whilst on one of our Mentorship programs. Failure to attain an acceptable level of health and travel insurance immediately voids the NGO Photographers Alliance of all legal liability in regards to claims dealing with personal injury, suffering, death, expense or loss. You must ensure that there are no exclusion clauses which limit cover for the type of activities included in your Mentorship program. Travel documents will not be issued unless you provide evidence of the existence of your policy.
It is a condition of your booking that you have travel insurance to cover either program cancellation, personal accident or injury, medical and repatriation costs, loss of baggage, personal money and belongings plus flight cancellations and delays and also insurance that covers you for any loss or damage of camera gear. By making your booking you hereby confirm that you have appropriate insurance or will have appropriate travel and health insurance before the commencement of the Mentorship program.
Passports, Visas & Travel Documents
Whilst we are able to provide basic advice to clients regarding passports and visa requirements, you must check with the appropriate Embassy, Consulate or Foreign Office for the exact requirements for your chosen program and date of travel. It is the client’s sole responsibility to ensure that passports, visas, health certificates, proof of vaccinations and any other required documentation are all in order for the countries to be visited during the Mentorship program. If you fail to do so, we have no liability to you for any cost, loss or damage which you suffer, nor will we refund you the cost of any unused portion of your travel arrangements. In some cases, countries will refuse entry to clients who have criminal records. Should you be concerned about this, please check with the Embassy or Consulate of the countries to which you are traveling.
Criminal Background Checks
Some NGOs will require a criminal record check of all Mentorship program clients attending the specified program. In this instance, you are required to declare criminal convictions including juvenile cautions, reprimands and current charges. This may also be a requirement to successfully obtain the required visa and associated travel documentation. As Embassy regulations are extremely strict, non-disclosure of information may result in a longer visa process and in some cases visa refusal.
Charges for a criminal record check varies from country to country and payment will be the responsibility of the applicant. The NGO Photographers Alliance reserves the right to dismiss anyone from a Mentorship program without compensation or refund if they are found to have concealed any criminal conviction, caution or pending charge that is deemed detrimental to the ongoing operation of the program.
Health, Safety & Security
The safety of every individual traveling in our groups is of paramount importance. We will attempt to follow procedures to ensure that all necessary precautions are taken to avoid risk and safeguard the well-being of all who travel with us. The objective is to provide a program that is safe, enabling and encouraging a positive, pro-active approach to safety standards worldwide.
Please note that smoke alarms are not mandatory in every country. Certain accommodation units used may not be equipped with smoke detection systems. For further safety information about the program accommodation please contact us. You may wish to take your own mobile smoke alarms with you on the program – these can be purchased from DIY centers.
Health & Safety – Air Travel
We would remind program clients that they should co-operate with airline staff at all times. Under no circumstances should personal or group safety be deliberately put at risk. Please note that while packing the following items are prohibited on board your flight: toy or replica guns (plastic or metal), household cutlery, knives with blades of any length (including steel nail files), paper knives, razor blades, tradesman tool’s, darts, scissors of any size, knitting needles, sporting bats (including rackets, cricket bats and golf clubs), billiard, snooker or pool cues, catapults, corkscrews with blades attached, and hypodermic needles. All such items should be packaged in your main luggage and checked in prior to departure. Please note that current regulations can change from time to time so it is advisable to seek up-to-date information for the relevant airport (the internet being a good source).
Passengers who require the use of hypodermic needles for medical reasons (e.g. diabetes and allergies) will be asked for written proof by the airline, such as a doctor’s letter.
Health & Safety – Coach Travel
It is assumed that coach operators contracted by the NGO Photographers Alliance have current and valid Operating Licenses and Adequate Public Liability Insurance cover. It is not always the case that coaches are provided with seat belts.
To ensure your safety when traveling by coach or minibus, we kindly request that all program clients:
• Remain seated when the coach is mobile
• Use the seat-belts provided
• Make note of emergency exists and glass-breaking tools
• Avoid carrying glass bottles on board
• Avoid opening emergency exists or pressing alarm buttons except in emergencies
• Avoid distracting the driver(s) by talking to them unnecessarily while the coach is in motion
• Are aware of the direction of oncoming traffic when boarding or alighting the coach
• Remain seated in the event of breakdown and follow their driver’s instructions
• Understand that on-board toilet facilities are for emergency use only (comfort stops will be made)
• Will be liable for any reported damage to the tour coach while on the program
• Help maintain a clean and healthy standard on board their coach at all times
• Understand that we cannot accept responsibility for personal items left on board
Heath Advice for Travellers
The Health Advice For Travellers booklet can be obtained from your nearest Post office. It is designed to help you enjoy a healthy journey and to deal successfully with any medical emergencies which might arise. The booklet contains essential information and advice on:
• How to avoid the need for health care when abroad
• How to plan for healthy travelling
• How to obtain emergency medical treatment in countries throughout the world
• How to obtain a European Health Insurance Card (EHIC), which will provide you with free or reduced-cost emergency medical treatment in countries within the European Economic Area (EEA).
We recommend that program clients consult their own GP or a recognised Travel Health Advice center for the latest advice on inoculation requirements. We will require that program clients with special medical or dietary conditions be declared on the appropriate final documentation.
No individual under the age of 18 years of age should consume alcoholic drinks unless express written permission from a parent or guardian can be produced. No party member, whether of age or under age, should consume alcohol to excess as this presents a serious health and safety risk. Under no circumstances should alcohol be consumed on program transport.
No individual under the age of 16 years of age should smoke. No party member, whether of age or under age, should smoke in accommodation facilities as this presents a serious fire risk, nor should they behave in any other way that might present a fire hazard. Smoking should always be restricted to designated areas. No smoking is permitted on program transport.
Use or abuse of drugs and banned substances, or possession of the same, is forbidden under all circumstances.
Non Disclosure Agreement
All participants on any of the programs run by Ryner St John (from hereon referred to as the “Owner”) / NGO Photographers Alliance are subject to the following terms as stipulated in our Non Disclosure Form. Attending any of our programs are participating in any of our initiatives signals your agreement to contractually and legally abide by the following terms:
I. CONFIDENTIAL INFORMATION. The term “Confidential Information” means any information or material which is proprietary to the Owner, whether or not owned or developed by the Owner, which is not generally known other than by the Owner, and which the Recipient may obtain through any direct or indirect contact with the Owner. Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include any information provided by the Owner concerning the business, technology and information of the Owner and any third party with which the Owner deals, including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, travel itineraries, program itineraries, inventions, sales leads, strategic alliances, partners, and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential;
A. “Confidential information” does not include:
matters of public knowledge that result from disclosure by the Owner;
information rightly received by the Recipient from a third party without a duty of confidentiality;
information independently developed by the Recipient;
information disclosed by operation of law;
information disclosed by the Recipient with the prior consent of the Owner;
and any other information that both parties agree in writing is not confidential.
II. PROTECTION OF CONFIDENTIAL INFORMATION.
The Recipient understands and acknowledges that the Confidential Information has been developed or obtained by the Owner by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of the Owner which provides the Owner with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the Recipient of the Confidential Information, the Recipient agrees as follows:
A. No Disclosure.
The Recipient will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Owner.
B. No Copying/Modifying.
The Recipient will not copy or modify any Confidential Information without the prior written consent of the Owner.
C. Unauthorised Use.
The Recipient shall promptly advise the Owner if the Recipient becomes aware of any possible unauthorized disclosure or use of the Confidential Information.
D. Application to Employees.
The Recipient shall not disclose any Confidential Information to any employees of the Recipient, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of the Owner.
III. UNAUTHORIZED DISCLOSURE OF INFORMATION – INJUNCTION.
If it appears that the Recipient has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, the Owner shall be entitled to an injunction to restrain the Recipient from disclosing the Confidential Information in whole or in part. The Owner shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
Should the recipient leave employment with the Owner, the Recipient will not attempt to do business with, or otherwise solicit any business contacts found or otherwise referred by Owner to Recipient for the purpose of circumventing, the
result of which shall be to prevent the Owner from realizing or recognizing a profit, fees, or otherwise, without the specific written approval of the Owner. If such circumvention shall occur the Owner shall be entitled to any commissions due pursuant to this Agreement or relating to such transaction.
V. RETURN OF CONFIDENTIAL INFORMATION.
Upon the written request of the Owner, the Recipient shall return to the Owner all written materials containing the Confidential Information. The Recipient shall also deliver to the Owner written statements signed by the Recipient certifying that all materials have been returned within five (5) days of receipt of the request.
VI. RELATIONSHIP OF PARTIES.
Neither party has an obligation under this Agreement to purchase any service or item from the other party, or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture.
VII. NO WARRANTY.
The Recipient acknowledges and agrees that the Confidential Information is provided on an “AS IS” basis. The owner makes no warranties, express or implied, with respect to the confidential information and hereby expressly disclaims any and all implied warranties of merchantability and fitness for a particular purpose. In no event shall the owner be liable for any direct, indirect, special, or consequential damages in connection with or arising out of the performance or use of any portion of the confidential information. The Owner does not represent or warrant that any product or business plans disclosed to the Recipient will be marketed or carried out as disclosed, or at all. Any actions taken by the Recipient in response to the disclosure of the Confidential Information shall be solely at the risk of the Recipient.
VII. LIMITED LICENSE TO USE.
The Recipient shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. The Recipient acknowledges that, as between the Owner and the Recipient, the Confidential Information and all related copyrights and other intellectual property rights, are (and at all times will be) the property
of the Owner, even if suggestions, comments, and/or ideas made by the Recipient are incorporated into the Confidential Information or related materials during the period of this Agreement.
VIII. NON-COMPETE AGREEMENT
The Recipient agrees upon signing of this agreement the inclusion of a Non-Compete clause, whereby Recipient agrees not to form a competing company or organisation utilising the same strategies, principles or theories as those developed by the NGO Photographers Alliance in their Mentorship Program or other program as facilitated and run by the Owner. All intellectual property and conceptual ideas may not be replicated in a competing company organised by Recipient upon working with the NGO Photographers Alliance.
Each party agrees to defend, indemnify, and hold harmless the other party and its officers, directors, agents, affiliates, distributors, representatives, and employees from any and all third party claims, demands, liabilities, costs and expenses, including reasonable attorney’s fees, costs and expenses resulting from the indemnifying party’s material breach of any duty, representation, or warranty under this Agreement.
X. ATTORNEY’S FEES.
In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.
The obligations of this Agreement shall survive Enforceable upon agreement from the Effective Date or until the Owner sends the Recipient written notice releasing the Recipient from this Agreement. After that, the Recipient must continue to protect the Confidential Information that was received during the term of this Agreement from unauthorized use or disclosure indefinitely.
XII. GENERAL PROVISIONS.
This Agreement sets forth the entire understanding of the parties regarding confidentiality. Any amendments must be in writing and signed by both parties. This Agreement shall be construed under the laws of the State of 1. Australia and 2. the Recipient’s state. This Agreement shall not be assignable by either party. Neither party may delegate its duties under this Agreement without the prior written consent of the other party. The confidentiality provisions of this Agreement shall remain in full force and effect at all times in accordance with the term of this Agreement. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall remain in full force and effect and construed so as to best effectuate the original intent and purpose of this Agreement.
Personal Conduct & Program Termination
All clients should act in a responsible fashion during their program and should not behave in a way likely to cause damage to property or damage or offence to other people. Any damage will be charged directly to those responsible for the person and we will be unable to assist with the funding of such payments.
We reserve the right at all times to terminate the program if the behaviour of any party member is considered by the NGO Photographers Alliance, or by any other person in authority, likely to cause offence, distress, danger, damage or annoyance to other clients, employees, any third party, or damage to property. In the event of such a termination, our responsibility for the program will cease, we will have no further contractual obligations to you including return travel and we will be under no liability to make refunds or meet any costs or expenses by you as a result. Any damage will be charged directly to those responsible and we will be unable to assist with the funding of such payments.
We are able to advise on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice. Where you do not do so and either are not allowed to enter any country, or suffer personal injury or death, we have no liability to you for any cost, loss or damage which you suffer nor will we refund you the cost of any unused portion of your travel arrangements. Clients with existing medical problems, pregnant women and anyone who has recently visited other countries, should check requirements with their general practitioner.
Trips of this kind may require flexibility on your part during the journey. The itineraries outlined on our website must be seen as an indication of our intention, rather than a contractual obligation on our part. Unforeseen local conditions or events may sometimes necessitate changes to the itinerary, accommodation or means of transport. We accept your booking on the understanding that you realise the potential hazards involved in this kind of trip, including injury, disease or loss/damage to personal property, inconvenience and discomfort. Refunds will not be given for unused services.
Your booking deposit or balance of the program cost are held in an account until you return. This means your money will be refunded if your holiday does not take place for reason of our insolvency.
Any flights forming part of the program arrangements are subject to the conditions of the carrying airline, which in most cases limit the airline’s liability to the passenger in accordance with International Law and conventions.
If you have any complaints about the program you must make it known at the earliest opportunity to the mentor and/or our local representative, who will normally be able to take appropriate action. If you are not satisfied with their response and you feel your enjoyment of the program is likely to be significantly affected, please contact the NGO Photographers Alliance immediately and we will do our best to resolve the problem. If at the end of the program, you feel your complaint has not been properly dealt with, we shall try and agree a settlement with you, but you must first notify us of your complaint in writing within 30 days of your scheduled date of return.
Information on our website is posted in good faith and is updated regularly. However, we cannot guarantee the completeness and accuracy of the information on it. Prices shown on the website are accurate, but in the event of any inaccuracy or discrepancy, the price quoted by our on-line booking system will be taken as the valid price for the program in question.
Every effort has been made by our organisation to ensure that the information featured on this website is accurate as possible. However, as our programm is planned many months in advance, it may occur that some facilities mentioned may have altered or been temporarily withdrawn, due to reasons such as adverse weather conditions, lack of demand, reparation work maintenance and so on, and therefore you should be prepared for this eventuality. When we are told of any significant change, we will advise when you book or, where you have already booked, before your departure if possible. We reserve the right to make any changes to any description or price contained in our website at any time after publication.
Payment by Credit Card
Charges may be applied when paying using a credit card; these include and may not be limited to transactions fees and currency conversion fees. Please inquire with your bank or money union in regards to these fees. Paying by direct bank transfer using our preferred payment method Transferwise may also incur a fee.
Medical Conditions & Disabilities
If you or any member of your party have any medical problem or disability which may affect your program, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline the booking or, if full details are not given at the time of booking, cancel when we become aware of these details.
Except where otherwise expressly stated in the booking conditions, we regret we cannot accept liability to pay compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected or you otherwise suffer any damage or loss. In these booking conditions, ‘force majeure’ means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events are likely to include war or threat of war, civil strife, riot, industrial dispute, actual or threatened terrorist activity, natural or nuclear disaster, fire, technical problems with transport, closure or congestion of airports or ports, adverse weather conditions and all similar events outside our control.
In order to process your booking, we need to collect personal details from you. These details will include the information requested on our booking form as well as, if applicable, special requirements such as those relating to any disability or medical condition which may affect the chosen program arrangements and any dietary restrictions which may disclose your religious beliefs.
If we need personal details or any other related information, your acceptance of the Terms & Conditions guarantees our right to collect your details. We need to pass on your personal details to the companies and organisations who need to know them so that your program can be provided (for example accommodation provider, credit/debit card company, bank, or supplier).
We would also like to store and use your personal details for future marketing purposes (for example, sending you a brochure or details of a promotion). All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept but we will only use names and contact details for marketing purposes. If you do not want us to do any or all of these things, please let us know as soon as possible.
We will endeavor to keep all personal details you give us in connection with your booking confidential except as set out above. We will confirm the details we hold about you on request. We have appropriate security measures in place to protect this information.
Your Journey from the Airport to Accommodation
When you arrive at your destination airport it is your responsibility to organise transport to the first accommodation location. This is due to the fact that all clients are required to organise their own flights. Given that clients will be utilising different airlines, be travelling from different countries and regions, and consequently arriving at different times, it is not logistically feasible for the mentor to meet all clients at the airport. All travel to the following accommodation locations and program destinations will be accompanied by the mentor.
We do not permit smoking in the vehicles or indoors during meals or workshop sessions.
The NGO Photographers Alliance commits to respect the legislation on protection of personal data and commits not to provide, in any form or condition, this information to other organisations or companies.
By paying the full fee in respect of a Mentorship program, and/or through your participation in any one of our offered programs, and/or by clicking acceptance of these terms and conditions on the website, you are agreeing to accept all the above terms and conditions. The person who makes the payment and/or completes the booking form on the website does so on behalf of all the individuals included in the booking, so that all are bound by the booking conditions.