Participant Agreement

The acceptance of your reservation form and deposit by WOLFGANG KAEHLER PHOTOGRAPHY LLC (hereinafter with its affiliates, owners, officers, agents, and employees collectively referred to as “WKP” or “Company”) creates a contractual relationship between WKP and you, the customer/participant in the travel package by WKP. Please read the following information carefully. After reading the terms and conditions of this entire customer agreement (the “Agreement”), in order for your expedition reservation to be completed, you must indicate your acceptance of the terms and conditions found in this Agreement by signing your Reservation Form and returning it to the Company. To the extent there are any inconsistencies between the terms and conditions in this Agreement and any terms and condition located in the brochure of your expedition, the terms of this Agreement shall prevail.

1. Reservations: 25% (unless stated otherwise) of the expedition fare, along with a completed and signed Reservation Form, will reserve a place for you on this WKP program. The balance of the expedition fare is due 210 days prior to departure depending on the trip. Air fare is due at time of issuance. All prices are quoted in U.S. dollars and must be paid in U.S. dollars. This deposit is non-refundable.

2. Cancellation and Refund Policy: Because of our small group sizes, we have strict cancellation policies and highly recommend travel insurance. Notification of cancellation must be received in writing by WKP. At the time we receive your written cancellation, depending on the trip and unless otherwise stated the following penalties will apply:
89 through 179 days prior to departure: 50% of expedition fare
1 through 90 days prior to departure: 100% of expedition fare
Some air fare may be nonrefundable. Once an expedition has departed, there will be no refunds from WKP for any unused portions of the trip. The above policy also applies to all extensions and independent travel arrangements made in conjunction with this program. Please see program details for changes and more information.

3. Trip Cancellation and Interruption Insurance: We strongly advise that all travelers purchase trip cancellation and interruption insurance as coverage against a covered unforeseen emergency that may force you to cancel or leave an expedition while it is in progress. Information describing coverage will be sent to you upon receipt of your reservation. Please email Wolfgang at photos@wkaehlerphoto.com for help and recommendations.

4. Share Policy: Accommodations on all WKP programs are based on double occupancy. If you are traveling alone and wish to share accommodations, a roommate will be assigned to you whenever possible. When pairing roommates, we will always pair participants of the same sex. All shared accommodations are nonsmoking. If it is not possible to pair you with a roommate, you may be asked to pay a single supplement for the land portion of the program.

5. Medical Information: Participation in a WKP program requires that you be in generally good health. It is essential that persons with any medical problems and related dietary restrictions make them known to us well before departure. We can counsel you on whether the expedition you have selected is appropriate for you. 
The tour leader has the right to disqualify any participant at any time during the tour if he or she feels the participant is physically incapable and/or if a participant’s continued participation will jeopardy WKP either the individual involved or the group. There will be no refund given under these circumstances.

6. Luggage Restrictions: Luggage size and weight limitations for both checked and carry-on luggage, imposed by the airlines or as an operational requirement due to type of aircraft, will apply for flights to/from/within this program. Specifications will be provided with pre-departure materials.

7. Fuel Cost Increases and Currency Fluctuation: In order to keep rates as low as possible, we do not build into the trip fare an allowance to cover possible increases from fuel costs or currency fluctuations. Therefore, as fuel-cost increases may occur and currencies do fluctuate around the world, it may be necessary for us to initiate a rate surcharge at any time before departure if there are exceptional cost increases beyond our control.

8. Itinerary Changes & Trip Delay: Itineraries are based on information available at the time of printing and are subject to change. WKP reserves the right to change a program’s dates, staff, itineraries, or accommodations as conditions warrant. If a trip must be delayed or the itinerary changed due to bad weather, road conditions, transportation delays, government intervention, airline schedules, sickness, or other contingency for which WKP or its agents cannot make provision, the cost of delays or changes is not included.

In case of an emergency involving the tour leader such as death, illness or family emergency, another tour leader will be appointed.  We have a network of experienced and highly qualified photographers which will be asked to lead the trip.  This way we don’t need to cancel the trip.

9. Itinerary Cancellation: WKP reserves the right to cancel an itinerary before departure for any reason whatsoever, including too few participants or logistical problems such as strikes, wars, acts of God, or any other circumstances that may make operation of the trip inadvisable. All trip payments received will be promptly refunded, and this refund will be the limit of WKP’s liability. WKP is not responsible for any expenses incurred by trip members in preparing for the trip, including nonrefundable or penalty-carrying airline tickets, special clothing, visa or passport fees, or other trip-related expenses.

10. Participation: WKP reserves the right to decline to accept any individual as a trip member for any reason whatsoever.

11. Limitation of Liability: WKP purchases transportation, hotel accommodations, restaurant services and other services from various independent suppliers that are not subject to its control. Neither WKP, its affiliates, owners, officers, agents, employees and contractors, nor any associate organization shall be held liable for any act, default, injury (including death), loss, expense, damage, deviation, delay, curtailment or inconvenience caused to or suffered by any person or their property, howsoever arising, which may occur or be incurred by any organization or person, even though such act, default, injury, loss, expense, damage, deviation, delay, curtailment or inconvenience may have been caused or contributed to: (a) by the act, neglect or default of WKP, or of any persons for whose acts it would otherwise be responsible, or (b) defects or failures of any aircraft, vessel, automotive vehicle or other equipment or instrumentality under the control of independent suppliers. In addition, WKP cannot be liable for delays in departure or interruption of your vacation arrangements caused by weather conditions, technical problems of any aircraft, vessel, automotive vehicle or other equipment or instrumentality, strikes, war, terrorist activity, civil commotion or any causes beyond the control of WKP. In no event will WKP be responsible for incidental, consequential or special damage or loss suffered by any person. WKP’s maximum liability, for any reason whatsoever, will be limited to the amount paid to WKP for its services. In issuing tickets and coupons for transportation of the purchaser by any means and making arrangements for hotel or other accommodation, WKP is not acting as principal but only as agent for the companies, corporations or persons providing or offering the means of transportation and accommodation. To the extent WKP shall not be acting as an agent, as stated above, it shall be deemed to be acting as an agent of the purchasers in arranging or booking transportation and accommodation. You further understand that WKP neither owns nor operates such third party suppliers and accordingly, agree to seek remedies directly and only against those suppliers and not hold WKP responsible for their acts or omissions. Without limitation, WKP is not responsible for any negligent or willful acts of God or force majeure, weather emergencies, breakdown, or failure of diving or mechanical equipment, government actions, inclement weather, sickness, attacks by animals, availability of medical care or the adequacy of the same, criminal activity of any kind, terrorism, war, civil disturbance, sanitary conditions, quality or sanitation of food, quarantine, customs, regulations, epidemics, strikes, hotel overbooking, safety and/or security standards at hotels or other accommodations, any problems or injuries whatsoever arising from swimming or scuba diving or for any other reason beyond the control of WKP. You understand, agree with, and agree to be legally bound by the terms of the release and waiver of liability set forth herein.

12. Arbitration: Any controversy or claim arising out of or relating to this Agreement or the performance there under, including without limitation any claim related to bodily injury, property damage or death, shall be settled by binding arbitration in Seattle, Washington, USA in accordance with the rules of the American Arbitration Association then existing, and judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. This agreement to arbitrate does not waive or modify the liability release contained in this document. Such proceedings will be governed by substantive Washington law. The dispute will be resolved by a single arbitrator who must be a lawyer admitted to practice in the courts of at least one state in the United States and have a minimum of fifteen years of experience in civil litigation. The arbitrator so described will be selected by the American Arbitration Association. Each party to the dispute shall have the right on a single occasion to veto the designation of an arbitrator so selected. There will be judicial review of the arbitrator’s decision if either side can show plain error in the application of law or be able to show an abuse of discretion with respect to factual findings. The parties waive the right to rely on any state law or statute which creates an exception to enforcement of the requirement that disputes be resolved pursuant to arbitration in the manner set forth herein

13. Exclusive Governing Law and Jurisdiction: This Agreement and any actions and proceeding brought hereunder shall be governed by the laws of the State of Washington without regard to conflict of laws principles. If the right to seek arbitration is for any reason waived by both parties, or if judicial review of any arbitration decision is sought, any action or legal proceeding to enforce any provision hereof, or based on any right arising out of, this Agreement shall be exclusively in the courts of the State of Washington, or if it has or can acquire jurisdiction, in the United States District Court for the District of Washington, and all of the parties hereto hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in connection therewith.

14. Waiver of Jury Trial: In connection with any action or legal proceeding arising out of this agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.

15. Severability: The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

16. Waiver: Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms or conditions of this Agreement shall not constitute a waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the breach or breaches of such terms and conditions.

17. Exclusivity: Except as otherwise expressly provided to the contrary, the rights herein granted and this Agreement are for the benefit of the parties hereto. The terms and conditions of this Agreement shall be exclusive of any advertising, marketing or other sales literature or activities of WKP and nothing contained in any of such materials shall be construed to create any rights as a result of or in connection with this Agreement.

18. Acknowledgment of Risk: You understand and acknowledge that your travel in connection with and participation in the expedition arranged at your request by WKP may involve risk and potential exposure to injury and possibly death. You also realize and acknowledge that risk and dangers may be caused by the negligence of the owners, directors, employees, contractors, subcontractors, officers or agents of WKP or the negligence or participation of other participants, contractors and/or subcontractors to WKP. You also recognize and acknowledge that risk and dangers may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. You fully understand and acknowledge that the aforementioned risks, dangers and hazards are a potential in connection with recreational activities which may take place during your journey.

19. Express Assumption of Risk and Responsibility: In recognition of the inherent risk of the travels and related activities in which you are intending to engage, you confirm that you are physically and mentally capable of participating in the activity, that you are willingly and knowingly electing to participate in this vacation package in spite of the potential risk of danger, and you willingly and voluntarily assume full responsibility for any injury, loss or damage suffered by you or caused by you, whether caused in whole or in part by the negligence of the owners, directors, agents, officers, employees, or contractors of WKP.

20. Release of Liability: In consideration of the services and arrangements provided by WKP, you, for yourself and for your heirs, personal representatives or assigns, do hereby release, waive, discharge, hold harmless and agree to indemnify WKP, and its owners, officers, directors, agents, employees and contractors from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur during your travel in connection with the scheduled travel package and any activities conducted in conjunction therewith. YOU SPECIFICALLY UNDERSTAND AND AGREE THAT YOU ARE RELEASING, DISCHARGING AND WAIVING ANY CLAIMS OR ACTIONS THAT YOU MAY HAVE PRESENTLY OR IN THE FUTURE FOR THE NEGLIGENT ACTS OR CONDUCT OF THE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS OF WKP.

21. Express Waiver of Right To Seek Consequential, Punitive or Exemplary Damages: Regardless of the situation or circumstances giving rise to a claim, you waive any right to seek consequential, punitive or exemplary damages against WKP its owners, officers, directors, agents, contractors and employees, for any reason whatsoever.

22. Miscellaneous: As described in Paragraph 7 above, all prices are subject to change.
As described in Paragraph 9 above, in the event that an expedition must be cancelled, WKP is not responsible for any personal expenses incurred by trip members in preparing for the program.
Certain ship owners require use of preprinted ticket forms that limit the ship owner’s and operator’s liability. When such tickets are used, you are generally bound by the terms of these tickets with respect to your legal relationship to the owner and operators of the ship, their agent, and the ship’s crew.

Have you attached a photocopy of your passport’s picture page? YES/NO