policies
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At Weston Photography we are committed to protecting your privacy. We use the information we collect about you to send out our monthly email newsletter, to process orders and to provide a more personalized shopping experience. Please read on for more details about our privacy policy.
What Information Do We Collect? How Do We Use It?
When you order, we need to know your name, e-mail address, mailing address, credit-card number and expiration date. This allows us to process and fulfill your orders and to notify you of your order status.
You may voluntarily sign up to be informed about certain offers. For this service we need only an e-mail address, which we use to send the information you requested.What About "Cookies"?
"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Our cookies do not contain any personally identifying information, but they do enable us to provide features such as 1-Click shopping and to store items in your shopping cart between visits. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Even without a cookie, you can still use most of the features in our store, including placing items in your shopping cart and purchasing them.
Will Weston Photography disclose the Information it Collects to Outside Parties?
No Weston Photography does not sell, trade or rent your personal information to others.
In Summary
We are committed to protecting your privacy. We use the information we collect on the site to send you our monthly email newsletter, to make shopping at Weston Photography possible and to enhance your overall shopping experience. We do not sell, trade or rent your personal information to others.
Your Consent
By using our website, you consent to the collection and use of this information by Weston Photography.
Link on Edward-Weston.com site
The person (Kim Weston) named on the Edward-Weston.com page has, as a condition of attaching their personal page to the edward-weston.com website, agreed to and hereby indemnifies the website, its agents and all other family members represented on the website, against all liability at law for the material contained therein and for any actions or disputes that may occur by engaging in any activities, sales or otherwise, initiated by contacts made through or use, in any way, of edward-weston.com.
Tell Us What You Think
Weston Photography welcomes your questions and comments about privacy.
Please e-mail info@kimweston.com -
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 08/23/2016.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Weston Photography, also known as Weston Photography, located at 251 RT.1, Carmel, California 93923 and our subsidiaries and affiliates, in association with the use of the Weston Photography website, which includes kimweston.com, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
Weston Photography LLC sells handcrafted silver gelatin printed photographs to collectors and offers private and group photography workshops.
Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Weston Photography. At its discretion, Weston Photography may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Weston Photography does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Weston Photography shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Weston Photography shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected by the Weston Photography Online Privacy Policy (see the full Privacy Policy at www.kimweston.com/privacy-policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Weston Photography and/or our subsidiaries and affiliates.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using kimweston.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Weston Photography shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Weston Photography the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Weston Photography's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Weston Photography's sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Weston Photography's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Weston Photography's sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Weston Photography's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Weston Photography's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Weston Photography provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Weston Photography shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) Weston Photography shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Weston Photography; and
e) Weston Photography is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users herein agree to insure and hold Weston Photography, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use ofWeston Photography Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Weston Photography's sites.
MODIFICATIONS
Weston Photography shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Weston Photography shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Weston Photography or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Weston Photography shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Weston Photography's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Weston Photography or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Weston Photography Services (e.g. Content or Software), in whole or part.
Weston Photography herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Weston Photography for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF WESTON PHOTOGRAPHY SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. WESTON PHOTOGRAPHY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) WESTON PHOTOGRAPHY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) WESTON PHOTOGRAPHY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) WESTON PHOTOGRAPHY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE WESTON PHOTOGRAPHY SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF WESTON PHOTOGRAPHY SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM WESTON PHOTOGRAPHY OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WESTON PHOTOGRAPHY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Weston Photography (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Weston Photography's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Weston Photography and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Weston Photography may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Weston Photography trademarks, copyright, trade name, service marks, and other Weston Photography logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Weston Photography. You herein agree not to display and/or use in any manner the Weston Photography logo or marks without obtaining Weston Photography's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Weston Photography will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Weston Photography may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Weston Photography Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Weston Photography LLC
Attn: Copyright Agent
251 Hwy 1
Carmel, California 93923
Telephone: 8316248111
Email: info@kimweston.com
CLOSED CAPTIONING
BE IT KNOWN, that Weston Photography complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at kimweston.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Weston Photography LLC and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Weston Photography LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Weston Photography Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Weston Photography with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Weston Photography, shall be filed within the courts having jurisdiction within the County of Monterey , California or the U.S. District Court located in said state. You and Weston Photography agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Weston Photography fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 2020 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Weston Photography as follows:
Mailing Address:
Weston Photography LLC
251 Hwy 1
Carmel, California 93923
Telephone: 831.233.2111
Email: info@kimweston.com
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WESTON PHOTOGRAPHY LLC
WORKSHOP REGISTRATION & CANCELLATION POLICY
Payments
Please make all payments in US dollars payable to Gina Weston. Payment is required for each workshop you have registered for. To ensure your spot in the workshop is held if you are paying by check, please make sure we receive the payment within 7 to 10 days of receiving this notice. Credit Card payments are accepted if needed, please call us.
Registration Fee
Full payment is due at registration. Because each registration requires a certain amount of work and planning, your workshop payment includes a non-refundable $150.00 registration fee.
We highly recommend Travel Insurance and Medical Insurance when traveling Internationally.
Workshop Payment Refund
Private and Group Wildcat Studio Nude Workshops: If you cancel 60 days prior to the workshop, your workshop payment minus a $1,000 cancelation fee will be refunded.
Destination Workshops: If you cancel 150 days prior to the workshop, your workshop payment minus a $2,000 cancelation fee will be refunded.
After the above cutoff dates, you will forfeit the entire workshop registration unless we can find a qualified replacement.
If paying for a workshop via a deposit payment plan through Weston Photography, LLC the 1st deposit is non-refundable and the 2nd payment must be paid on the set deposit plan schedule.
If it is necessary for us to cancel a workshop, all registered participants will be notified at once, and you will receive a full refund of payments.
Notification of cancellation due to low enrollment will be made at least 14 days prior to the beginning of class. For this reason, we encourage you to purchase refundable airline tickets and consider purchasing trip cancellation insurance. The workshop will not be responsible for any loss on airline tickets or any other losses.
In the case of a COVID19 diagnosis (home test or professional test) which prevents you from attending a Weston Workshop, we reserve the right to retain the full tuition without a refund. We have the power to determine your eligibility to partake in a Weston Workshop in regards to your positive diagnosis. Participants must test negative 5 days prior to the start of the workshop if they had tested positive prior. If you have recently been exposed to someone with COVID but are vaccinated and don’t develop symptoms, we ask you test 24-48 hours before the start of the workshop.
Sometimes circumstances beyond our control force us to alter our plans. Weston Photography LLC cannot be held responsible for any unanticipated circumstances (such as natural disasters, park closures, inability to access locations, weather, pandemics, etc.) that either prevents you from attending or from us altering our location shoots. I will do my best to work around any unforeseen circumstances. TRAVEL INSURANCE IS HIGHLY RECOMMENDED - PLEASE CHECK WITH YOUR PERSONAL AGENT. We recommend that you purchase trip insurance to safeguard your investment (airfare, hotel, etc) in the unfortunate event you are unable to attend a program due to emergency, illness or otherwise.
Weston Photography LLC shall hold no responsibility or liability for personal injury to any participant or damage to any participant’s property, or for personal injuries or damage to the property of any other person resulting from the participant’s involvement in the workshop. Weston Photography reserves the right to cancel any workshop and to alter the time, context, or format of any workshop in the event circumstances require. In the event a workshop is cancelled, for any reason the extent of Weston Photography's LLC liability is limited to the return of all fees and deposits paid.Release of Liability (Read carefully- This affects your legal rights)
In exchange for participation in the activity of photography lessons, photography workshops, photography adventures and related travel organized by Weston Photography LLC and/or use of the property, facilities and services of Weston Photography LLC or any location utilized for said activities, I agree for myself and the members of my family, (where applicable) to the following:
1. I agree to observe and obey all posted rules and warning, and further agree to follow any written or oral instructions or directions given by Weston Photography LLC as well as its leaders, employees, representatives or agents. I have read and understand all information provided to me by Weston Photography LLC.
2. I recognize that there are certain inherent risks associated with travel, outdoor activities and photography in the studio, city, nature or wilderness. I assume full responsibility for personal injury to myself and the members of my family (where applicable), and further release and discharge Weston Photography LLC as well as its leaders, employees, representatives or agents for injury, loss and damage arising out of my or my families use of or presence upon the facilities utilized for said activities, whether caused by the fault of myself, my family, Weston Photography, other third parties or nature.
3. I understand that certain activities involve the need for transportation to and from locations and/or activities. I understand that although Weston Photography may facilitate travel arrangements involving common carrier, activity participants or others the responsibility for transportation rests with the drivers or transportation providers. Participant agrees to hold Weston Photography LLC as well as its leaders, employees, representatives or agents harmless for any claims related to transportation associated with any activity.
4. I agree to indemnify and defend Weston Photography LLC as well as its leaders, employees, representatives or agents against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence on the outing or facilities utilized.
5. I agree to be fully responsible and pay for all damages to the facilities and locations utilized caused by me or my families negligent, reckless, or willful actions. This may include but is not limited to legal fees, fines, penalties, restoration and repair costs.
6. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby grant Weston Photography, its affiliates, agents, representatives, licensees and assigned the right and permission to copyright and use, re-use, publish, and republish at any time any images, photographs or recordings of me (still and/or motion) or in which I may be included, in whole or in part, for all purposes that Weston Photography deems appropriate including, without limitation, for advertising, promotional and publicity purposes. I agree to release, hold harmless and indemnify Weston Photography LLC and all persons acting under its permission or authority, from any liability by virtue of any publication of the images, including, without limitation, any claim of rights of publicity or privacy.
7. Any legal or equitable claim that may arise from participation in the above activity shall be resolved in Monterey County, California using California law. In any such action, the prevailing party shall be entitled to recover their attorney’s fees.
8. Weston Photography LLC has the right to cancel any workshop and to alter the time, context, or format of any workshop in the event circumstances require. In the event a workshop is cancelled, for any reason the extent of the Workshops’ liability is limited to the return of all fees and deposits paid. -
For the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship concerning the disclosure of certain proprietary and confidential information ("Confidential Information").
1. Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which the Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word "Confidential" or some similar warning. If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide writing indicating that such oral communication constituted Confidential Information.
2. Exclusions from Confidential Information. Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.
3. Obligations of the Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without the prior written approval of the Disclosing Party, use for Receiving Party's benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.
4. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.
5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venture or employee of the other party for any purpose.
6. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to affect the intent of the parties.
7. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in writing signed by both parties.
8. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
9. Notice of Immunity. Employee is provided notice that an individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order.