Thanks for visiting JaymiHeimbuch.com. Throughout these Terms and Conditions the terms “we” and “our” will refer to JaymiHeimbuch.com.
It is important to us that you have the best possible experience while using JaymiHeimbuch.com website (“this website”) and that you are aware of the terms and conditions that apply to your use of this website. By using this website, you are agreeing to be bound by the following Terms and Conditions and any additional policies and practices set forth by this website.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time, without notice. Please check back periodically, as your continued use of this website following the posting of any changes to our Terms and Conditions or Info will mean that you accept those changes.
If you do not agree to these Terms and Conditions, you should discontinue viewing this site and not purchase products from this site.
Photographs and Other Products
All the photographs featured on this website were created by Jaymi Heimbuch and are the exclusive property of Jaymi Heimbuch. Photographs may be purchased in the formats and for the prices set forth elsewhere on this site, but we do not guarantee the availability of any particular photograph or format, and we reserve the right to modify our prices and formats, or to withdraw photographs or products from sale, at any time, for any reason, and without notice. We also reserve the right, at any time after receipt of your order, to decline to fulfill your order for any reason or to supply a quantity of prints that is fewer than your ordered quantity. If we decline to fulfill your order or if we reduce your order quantity, you will not be charged for any unfulfilled requests.
All refunds, returns, and/or exchanges are at the sole and exclusive discretion of Jaymi Heimbuch Photography, LLC, and we reserve the right to refuse to offer a refund, return or exchange for any reason or for no reason, including all instances of purchase of goods or services, whether for cause or not.
SEE BELOW FOR WORKSHOP CANCELLATIONS AND REFUNDS POLICY
All of the content on this site, including the photographs and text, is owned by Jaymi Heimbuch and may not be used or reproduced without our prior written approval.
Reservation of Copyright and All Rights
All rights to all the images on this website are reserved by Jaymi Heimbuch and are protected by U.S. and international copyright laws. The images we share on this website are for informational purposes only and may not be used in any way without the prior written approval of Jaymi Heimbuch or authorized representatives,.
Purchase Does Not Convey Copyright
Your purchase of a print or other products from JaymiHeimbuch.com is a purchase of an authorized physical copy (or copies) of a photograph, not of copyright in that photograph or of any rights protected by copyright, including but not limited to the right to reproduce or to publish the photograph. All rights in the photographs are reserved by Jaymi Heimbuch, and any use beyond the display and personal enjoyment of the photograph(s) you purchase requires the prior written approval of Jaymi Heimbuch.
This reservation of rights applies equally to all photographs and other materials viewable on this website and/or offered for sale on this website regardless of format, including Limited Editions.
This means: You may not use any images from JaymiHeimbuch.com, regardless of how they are viewed or obtained, on your personal or business website, or for any commercial or noncommercial use, without first securing approval from Jaymi Heimbuch. Such prohibited uses include—but are not limited to—use of an image as part of another website’s design, or as an avatar, icon, badge, or otherwise in connection with an account on a social media platform (for example, Twitter, Facebook, and Instagram); on T-shirts, mugs, or other objects, either alone or in connection with other text or images; in print or electronic publications; in visual or audiovisual compositions or productions; or as the basis for any product or service. Altering a photograph with respect to size, color, composition, or other qualities, or the addition of other elements to a photograph, does not exempt you from these restrictions, and is not permitted without prior written approval.
If you wish to reproduce, modify, or otherwise use a photograph or other materials you have viewed on this website, please contact us for permission. Although we prefer not to engage in litigation or other legal action, we take violations of our intellectual property rights seriously and will take action to protect our rights and to obtain the legal remedies available to us.
THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PRODUCTS PURCHASED FROM THIS WEBSITE ARE SOLD “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABIILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, IN CONNECTION WITH THIS WEBSITE, THE CONTENT HEREIN, AND/OR THE PRODUCTS WE SELL AND/OR DESCRIBE ON THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with this website is to stop viewing this website. In no event shall our liability to a purchaser of photographs or other products via this website exceed the amount paid by the customer for the purchase of products sold to them.
Neither we nor our representatives shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special, or punitive damages that may result from your access to or use of this website or any photograph or product purchased via this website.
We make no representation that photographs or other materials on this site are appropriate or available for use, purchase, or shipment to all locations outside the United States. If you are visiting this website from outside the United States you acknowledge that you are doing so of your own initiative and that you agree to comply with any local laws that apply to you. If you purchase a photograph or other product from this website and we are prohibited by U.S. law from sending it to the foreign address you designate, we will notify you and will either not process your order or will promptly refund any sums you have already paid to us.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions, including any violation by you of these Terms and Conditions, shall be filed only in the state of federal courts located in San Francisco County and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining provisions.
Workshop Terms and Conditions
Some workshops are required to be paid in full while others accept deposits. In the case of workshops that accept deposits, our policy is:
- A non-refundable deposit of an amount up to to 25% of the total tour/workshop fee is payable upon registration. The deposit amount will be specified on the tour/workshop registration purchase page.
- 50% of the remaining balance is payable not-later-than 120 days prior to the scheduled tour/workshop.
- The remaining total balance is payable not-later-than 60 days prior to the scheduled tour/workshop.
- Registrations made 60 or fewer days prior to a scheduled tour/workshop are expected to be paid-in-full at the time of registration.
Payments will be accepted via Paypal (on-line) or most bank credit cards. Payments are due according to the schedule noted above.
Please note: Charges will appear on your credit card statement under the name of “Jaymi Heimbuch Photography LLC”.
Cancellation and Refund Policy
We understand that attending our workshops requires advance commitment, and also that things can happen in life that may require you to cancel from a workshop. If you need to cancel a booking that has been confirmed, based on cancellation date the following apply:
- Greater than 120 days before the workshop start date: full refund of any payments made (except non-refundable deposits)
- 120-91 days before the start of the workshop: 50% refund of any payments made (except non-refundable deposits)
- 90-61 days before the start of the workshop: 25% refund of any payments made (except non-refundable deposits)
- Within 60 days of the start of the workshop: no refund.
Refunds will be paid by the same method that the original payment was made.
Note that there are some non-refundable workshops for which the above terms do not apply, and for these workshops we do not offer a refund of any payments made under any circumstances. This will be noted clearly in the workshop description.
Payments made for single-day workshops are not refundable.
Payments made for private workshops that you arrange with us are not refundable.
While Jaymi Heimbuch Photography LLC will make every attempt to operate a workshop once confirmed, we do reserve the right to cancel or change a workshop, at any time due to insufficient bookings and/or reasons beyond our control that might create unsafe or undesirable travel conditions for the participants.
In such case, a full and immediate refund will be issued.
However, the financial liability of Jaymi Heimbuch Photography LLC shall be limited to the amount paid to Jaymi Heimbuch Photography LLC for the Workshop only and shall not be extended to cover any other associated travel costs incurred (e.g. non-refundable air tickets, visa fees if applicable, clothing, equipment, miscellaneous transportation costs, medical expenses, travel insurance premiums, etc.).
We reserve the right to refuse acceptance of any participant, for any reason, at any time. We are not responsible for any additional expenses incurred by such participants. For workshops outside of the US, tuition may be adjusted after you have signed up, based on local currency fluctuation.
For anyone traveling to workshops, we highly recommend purchasing trip insurance to cover your expenses in case of cancellation.
Air transportation and related fees (except as indicated in the itinerary); activities noted as optional in the itinerary; gratuities, unless otherwise noted on the itinerary page; passport and visa expenses; baggage/accident/cancellation insurance; personal expenses, such as laundry, telephone calls, meals (except as indicated on the itinerary) alcoholic beverages; and any other items not specifically noted as included.
You are responsible for ensuring that you have the proper travel documents and immunizations. You should check with the respective consulate(s) or visa agencies to determine whether visas are required. Valid passports are required for international travel.
Unless you are already covered under an existing policy, we recommend that you purchase travel insurance. Such insurance often provides coverage for losses suffered in the event of trip cancellation and interruption, travel delay, loss of baggage and travel documents, baggage delay, medical emergencies and accidental death.
We are not responsible for refunding any costs associated with travel, lodging, or incidental losses incurred in the event a workshop is cancelled or you cancel your participation in a workshop for any reason.
Getting to our initial rendezvous point is the participant’s responsibility. This will typically be our lodging location or, for single-day workshops, our first shooting location. Due to insurance requirements, workshop leaders do not transport participants in their vehicles. Therefore, carpooling among participants is the preferred method of transportation to workshop venues. Often there is limited parking at our photo venues. Carpoolers are encouraged to chip-in to cover the fuel costs of the driver.
You understand that we rely upon third party tour organizers, transportation providers, hotel operators and food providers to provide the services associated with the workshops. All tickets, coupons, reservations, etc. are subject to the terms and conditions and other policies of the third-party service provider. We cannot control the actions of such third-parties and do not assume responsibility for unanticipated events that may occur, including, without limitation, travel delays, lost luggage, cancellations, overbooking, and other reservation errors. You should build some flexibility into your schedule in case we need to extend the length of the Workshop or make other reasonable scheduling changes to accommodate unanticipated events such as travel delays, lost luggage, cancellations, overbooking and other reservation errors. You will not be entitled to a refund in the event of unanticipated events requiring scheduling changes. You further agree to hold us harmless from and against any liability for injury, death, damage, loss, accident, delay or irregularity that might occur in connection with any services provided by third parties.
By attending one of our workshops you are accepting certain risks. Your registration shall serve as a release of our liability and a complete assumption of all risks by you and your heirs, administrator, executor, successors, and assign for all family members.
By accepting our terms of service, you are acknowledging that you are aware that travel, wherever it may be, and by whatever means, involves some inherent risk of injury, illness, death, loss, or damage to personal property, which may be caused by acts of nature, negligence or actions of others.
In consideration of, and as part of the payment for your participation in a program, workshop, excursion, expedition, other activities, or any program that Jaymi Heimbuch Photography LLC, or their assigns, may be conducting, you are voluntarily releasing Jaymi Heimbuch Photography LLC, their employees, assigns, independent contractors, or anyone involved thereof, from any damages, liabilities, costs, injuries whether mental or physical, known or unknown, and by participating you agree to assume all risks whether known or unknown.
You acknowledge voluntarily that by traveling to areas that may be remote, foreign, mountainous, wilderness, wild rivers, remote deserts, and may not be maintained to the standards you are accustomed and therefore may involve certain additional risks, dangers, and inconveniences including, but not limited to, terrorism, forces of nature, wild animals, hotel accommodations, airplane, vehicles, trains, boats, roads, walkways, trails, and other means of conveyance or other unknown risks.
You acknowledge that medical services and facilities may not be readily available during all or part of the trip, including medical care, presence of physicians, and medication. We assume no liability for medical care. We assume no liability for dietary requirements you have.
Unless accompanied by a parent or legal guardian (and with our approval), you must be at least 21 to attend one of our workshops.
Your registration signifies your full understanding and agreement that you release and hold harmless Jaymi Heimbuch Photography LLC, its officers, agents, sponsors, associates, subcontractors, from any and all liability, actions, causes of actions, claims, debts, and demands of every kind whatsoever, known or unknown which may arise in connection with your participation in any activities arranged by them without limitation, all liability, actions, causes of action, claims, debts, and demands related to the negligence of said persons.
You also acknowledge that you understand that travel with a group invariably involves compromise to accommodate the diverse desires, travel goals, personalities, and physical abilities of group members.
You also understand that while itineraries are carefully planned, they are not a guaranteed schedule of activities, events, or participation, but only a guideline and example. Group participants must allow for flexibility and changes deemed necessary by the program leader or professional guides. There may be situations beyond our control due to geographic, climatic, physical, or governmental restrictions that will cause further changes in timing, locations, and activities. Understanding this, you further agree that there will be no discounts or refunds for activities curtailed or otherwise affected by such circumstances.
You have assumed the responsibility to select an activity appropriate to your physical abilities and interests. You are personally responsible for being in sufficiently good health to undertake the activity. By accepting our terms of service, and by your deposit, you certify that you do not knowingly have any physical or other considerations of disability that would create a risk for you or other participants. In addition, you authorize Jaymi Heimbuch Photography LLC and/or its trip leader, to initiate and offer medical care in the event of a medical emergency. We reserve the right to request a doctor’s statement of good health.
You will be responsible for studying all pre-trip information; for bringing all equipment, personal items, and appropriate clothing; for conforming to standards of dress and hygiene; and for acting in a manner considerate of fellow participants, locations and environments, models, and locations. We reserve the right to cancel any activity and to accept or reject any person as a member of any activity. The program, workshop, expedition, excursion, or trip leader’s judgment shall provide the ultimate determination of an individual’s ability to participate in, or continue to participate in, any activity or program.
You agree to have any claim, controversy, or dispute relating to the enforcement or interpretation of this document or arising or relating to your registration, participation, or attendance at a Jaymi Heimbuch Photography LLC workshop, submitted to binding arbitration under the rules and regulations of the American Arbitration Association. The arbitration shall take place in Newport, Oregon. You do hereby waive your right to bring an action before a judge or jury in any court and you understand that you have given up your rights to discovery and appeal. Any award rendered in any arbitration may be made a judgment by any court of competent jurisdiction. You understand that if you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the Oregon Rules of Civil Procedure.
Use of Name and Likeness
We reserve the right to take photographs or videos during the operation of any workshop or part thereof and to use the resulting photography in whole or in part for promotional purposes, including, but not limited to: advertising and publicity both in print and electronic media. By booking a reservation with Jaymi Heimbuch Photography LLC, participants agree to allow their likeness to be used in such photography; participants who prefer that their image not be used are asked to identify themselves to their tour leader at the commencement of their trip. We also reserve the right to use, in all or in part, any written reviews you may provide to us in our advertising and publicity both in print and electronic media.