Participation Agreement & Liability Waiver

This Participation Agreement and Liability Waiver ("Agreement") is entered into by and between Steffen Foerster (the "Workshop Leader") and the undersigned participant (the "Participant") for the purpose of the Participant's enrollment in a wildlife photography workshop (the "Workshop"). Specific details for each Workshop are set forth in Schedule A (Workshop Addendum), which is incorporated herein by reference.

1. Registration, Payments, and Deposit

Deposit. A non-refundable deposit in the amount stated in Schedule A is required to reserve a place in the Workshop.

Final Payment. The balance of the Workshop fee shall be paid in full on or before the final payment date specified in Schedule A (typically 180 days prior to Workshop start date).

Payment Methods. Payments may be made by wire transfer, credit card, or any other method approved by the Workshop Leader. The Participant shall be responsible for any and all bank charges, wire transfer fees, credit card processing fees, and other similar costs associated with payment.

Single Supplement. Where a single accommodation supplement is offered, it shall be subject to availability and is not guaranteed at all Workshop locations. The amount of any such supplement shall be set forth in Schedule A. If a confirmed single room subsequently becomes unavailable, the supplement shall be refunded and the Participant will be accommodated in shared lodging.

2. Cancellations, Refunds, and Changes

2.1 General Policy

All deposits are non-refundable. Refund eligibility for amounts paid beyond the deposit shall be determined according to the timing of cancellation and whether the Participant's place in the Workshop is filled.

2.2 Participant-Initiated Cancellations

• 180 or more days before departure: Cancellation fee equivalent to the non-refundable deposit. Refund of all amounts paid beyond this cancellation fee, less any applicable bank or transfer fees.
• 120 to 179 days before departure: Cancellation fee of 40% of the total Workshop fee. Refund of remaining 60% of amounts paid, less any applicable bank or transfer fees.
• 90 to 119 days before departure: Cancellation fee of 50% of the total Workshop fee. Refund of remaining 50% of amounts paid, less any applicable bank or transfer fees.
• 60 to 89 days before departure: Cancellation fee of 70% of the total Workshop fee. Refund of remaining 30% of amounts paid, less any applicable bank or transfer fees.
• Less than 60 days before departure: No refund. 100% of the Workshop fee is forfeited.
• No Show: 100% of the Workshop fee is forfeited.

2.3 Replacement Process

Any replacement Participant must be approved by the Workshop Leader. A request to transfer a place must be submitted in writing no later than forty-five (45) days prior to the Workshop start date. The original Participant remains financially responsible until the replacement Participant has paid the Workshop fee in full.

2.4 No Partial Refunds

No refund shall be provided for partial attendance, missed days, or early departure. In the event of a documented medical emergency, the Workshop Leader may, at their sole discretion, offer a partial credit toward a future workshop.

2.5 Workshop Leader Cancellations and Force Majeure

If the Workshop is cancelled prior to commencement due to Workshop Leader illness, injury, or other circumstances beyond the Workshop Leader's reasonable control, or if the Workshop is cancelled due to a force majeure event (including but not limited to natural disasters, government travel restrictions, civil unrest, or pandemic-related restrictions), the Participant shall receive a refund of all amounts paid, less twenty-five percent (25%) of the total Workshop fee as liquidated damages, together with any non-recoverable third-party expenses already incurred, and less any applicable bank or transfer fees.

If a force majeure event interrupts the Workshop after commencement, no refund shall be provided for the portion already delivered. If three (3) or more full days remain undelivered due to such an event, the Workshop Leader may, at their sole discretion, offer a partial credit toward a future workshop.

2.6 Itinerary and Service Changes

Minor changes to itinerary, schedule, daily activities, accommodations, or other arrangements that do not materially alter the nature or quality of the Workshop do not trigger compensation or refund.

"Significant changes" are changes that materially alter the nature or quality of the Workshop, including: (i) changes to primary photography locations that substantially alter wildlife photography opportunities; (ii) substitution of accommodations with substantially lower quality; or (iii) replacement of the primary Workshop Leader for reasons other than emergency.

Upon a significant change, the Participant may: (i) accept the modified Workshop; (ii) decline it, in which case the Workshop Leader shall attempt to fill the vacated place (refund outcomes per 2.2(b) or 2.2(c)); or (iii) transfer to another Workshop offered by the Workshop Leader, subject to price differences.

2.7 Third-Party Provider Failures

Independent providers may be engaged for accommodations, transportation, or guiding. If a provider fails prior to departure and full cancellation is required, Section 2.5 applies. If a significant failure occurs during the Workshop and no suitable alternative is available, the Workshop Leader shall not be liable for any resulting losses or unused services. Participants are solely responsible for obtaining travel insurance that covers such circumstances. Upon request, the Workshop Leader will provide reasonable documentation to support the Participant’s insurance claim.

2.8 Refund Processing and Liquidated Damages

Liquidated Damages Acknowledgment: All retained amounts under this Agreement are agreed liquidated damages, not penalties, covering planning, preparation, administrative, marketing, and opportunity costs associated with workshop development. Participants acknowledge these costs are difficult to quantify precisely and waive any claims for additional refunds beyond the stated amounts. Participants further acknowledge that their primary financial protection is comprehensive travel insurance as required herein.

Currency and Processing: Refunds are issued in USD; currency movement is the Participant's risk. The Workshop Leader is not responsible for changes in exchange rates or currency value fluctuations between the time of payment and refund. Refunds are processed within sixty (60) days of written confirmation of eligibility. Bank/transfer/processing fees are deducted from refunds except during full refund periods.

3. Assumption of Risk

The Participant acknowledges that participation involves inherent risks including adverse weather; uneven or difficult terrain; proximity to wildlife; travel in remote areas with limited or delayed access to medical care; transportation by small aircraft, boats, or all-terrain vehicles; illness or injury; exposure to communicable diseases in group settings and during international travel; weather-related delays and missed connections (for which any additional lodging, rebooking, or alternate transportation costs are the Participant's sole responsibility); the carrying and handling of heavy photography equipment in remote locations; extended exposure to the elements while waiting for wildlife; and positioning in challenging terrain for optimal shots. The Participant accepts and assumes all such risks and agrees to exercise vigilance and sound judgment throughout the Workshop.

4. Participant Responsibility and Accessibility

Self-Led Model. The Workshop is designed as a self-led experience in which the Workshop Leader provides instruction and guidance while the Participant remains responsible for their own actions, safety, equipment, and legal compliance.

Special Needs Disclosure. The Participant shall disclose any medical conditions, dietary restrictions, or accessibility requirements at least ninety (90) days before the Workshop. The Workshop Leader will make reasonable efforts to accommodate such needs but cannot guarantee all requests due to the nature of the locations visited. No refunds for non-disclosure or for needs that cannot be accommodated.

5. Release of Liability and Limitation of Damages

The Participant releases and discharges the Workshop Leader from claims arising from ordinary negligence in connection with the Workshop, including instruction, field excursions, transportation between designated locations, and related activities. This release does not apply to gross negligence, willful misconduct, or intentional wrongdoing. If liability is nevertheless imposed, it is limited to the total amount paid by the Participant. The Workshop Leader is not liable for special, indirect, incidental, exemplary, punitive, or consequential damages, including lost profits, business opportunities, wages, travel expenses, equipment damage, or opportunity costs.

6. Independent Operators

Certain services may be provided by independent third parties. The Workshop Leader is not responsible for their acts or omissions. Claims relating to such services must be made directly to the provider. Section 2.7 governs failures by third-party providers.

7. Indemnification

The Participant agrees to indemnify and hold harmless the Workshop Leader from claims, damages, costs, and fees (including attorneys' fees) arising from the Participant's actions, negligence, or failure to follow Workshop guidelines. This indemnity does not extend to claims arising solely from the Workshop Leader's negligence or willful misconduct.

8. Medical Authorization and Emergency Contacts

The Participant authorizes the Workshop Leader to arrange emergency medical care if the Participant cannot consent, limited to life-saving or emergency stabilizing treatment, until capacity is regained or an emergency contact is reached. The Participant shall provide complete emergency contact information for two (2) individuals at least thirty (30) days before the Workshop; failure to do so may result in cancellation without refund.

9. Insurance Requirements

The Participant shall maintain comprehensive travel insurance including medical evacuation, trip cancellation/interruption, and personal belongings/equipment coverage. Any minimum coverage amounts or destination-specific requirements will be stated in Schedule A or pre-departure materials. Proof of insurance may be required prior to travel. Failure to maintain adequate insurance does not relieve the Participant of financial responsibility for disruptions.

10. Conduct, Safety, and Ethics

The Participant shall act respectfully, follow applicable laws and regulations, and adhere to established wildlife photography ethics. The Workshop Leader may remove a Participant for unsafe, disruptive, or unethical conduct without refund; the Participant is responsible for any additional transport or lodging costs resulting from removal.

11. Responsibility for Personal Property

The Participant is solely responsible for safeguarding personal belongings, including photography equipment, passports, and valuables. The Workshop Leader is not liable for loss, theft, or damage.

12. Pre-Trip and Post-Trip Services

The Workshop includes supplementary services before and after the in-person Workshop, which may include pre-trip group and individual consultations; educational materials on local wildlife, natural history, and animal behavior; technique guidance and gear recommendations; post-trip image selection assistance and post-processing advice; and limited email support for Workshop-related questions. Services are provided on a reasonable-efforts basis and may be subject to scheduling constraints and technology limitations. These services are non-transferable and must be utilized within ninety (90) days after the Workshop unless otherwise specified. If circumstances beyond the Workshop Leader's control prevent delivery, alternative services or materials may be offered; these components are not separately priced and are not a basis for refund of the Workshop fee.

13. Use of Photographs, Likeness, and Workshop Materials

The Participant grants the Workshop Leader the right to use media including the Participant's image or likeness, as well as testimonials or feedback, for promotional, educational, or marketing purposes without compensation. The Participant retains the copyright to their own photographs. All educational materials remain the intellectual property of the Workshop Leader and may not be reproduced, distributed, or used commercially without prior written consent.

14. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of New York. Disputes shall first be submitted to good-faith mediation in New York, New York; if unresolved, they shall be resolved by binding arbitration in New York, New York, except claims seeking injunctive relief.

15. Entire Agreement; Severability

This Agreement, together with Schedule A and any published materials expressly referenced therein, constitutes the entire agreement and supersedes prior understandings. If any provision is found unenforceable, the remainder shall continue in full force and effect.