Terms and Conditions:

Floral Photography Workshops & Tours

Workshop & Tour with Jackie Kramer Photography, LLC (JKP LLC)

 

By submitting a registration form for a workshop (the “Registration Form”), the person submitting the Registration Form  (“Participant”) agrees to the terms and conditions outlined herein (the “Terms and Conditions” and, together with the Registration Form, the “Contract”).

 

In consideration of the reservation of Participant for the Jackie Kramer Photography, LLC (“JKP LLC”) workshop referenced in the Registration Form (the “Workshop”), payment of the Registration Fee (as defined below) by Participant, the parties’ performance of the Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participant and JKP LLC hereby agree as follows:

 

Workshop Services; Registration Fee:

Subject to the terms contained herein, JKP LLC shall provide the services set forth in the Registration Form and in the description of the Workshop on JKP LLC’s website, https://www.luvblooms.com (collectively, the “Workshop Services”).  The fee for the Workshop Services (the “Registration Fee”) shall be the sum specified in the Registration Form.  The full Registration Fee or, if permitted by the Registration Form, a portion of the Registration Fee to be held as a deposit, are due and payable to JKP LLC by credit card immediately upon submission of the Registration Form.  If a deposit only is paid with submission of the Registration Form, Participant shall pay the balance of the Registration Fee to JKP LLC online on or before the date that is specified in the Registration Form. 

 

Number of Participants:

JKP LLC may cancel the Workshop if the minimum number of participants, as specified in the Registration Form, has not been reached at any time prior to the Workshop.  JKP LLC reserves the right to add a reasonable number of participants at its discretion.

 

Accommodations:

Participant is responsible for booking their own hotel room(s) and is strongly encouraged to do so as early as possible. Hotels typically do not hold rooms for the Workshop and usually have a limited number of rooms that are part of the group block.

 

Airfare:

Airfare is the responsibility of Participant and is not included in the Registration Fee. Participant should arrange to arrive the day before the Workshop begins. JKP LLC is not responsible for ensuring Participant’s timely arrival and no refunds will be issued if Participant misses part or all of the Workshop due to delays in Participant’s travel arrangements.  Participant may wish to arrive early or stay afterwards and spend time exploring on Participant’s free time.

 

Transportation:

If transportation is not expressly included in the Workshop Services, it is the responsibility of Participant to provide their own transportation to the gardens or other locations where the Workshop will take place.

 

Itinerary:

Weather and other circumstances outside of JKP LLC’s control may call for a change in plans. JKP LLC will use commercially reasonable efforts to visit the gardens and/or other Workshop locations just prior to the Workshop to determine whether any changes to the Workshop destinations need to be made.

 

Cancellation by JKP LLC:

 

Failure to Meet Minimum Number:  A full refund will be issued to Participant if JKP LLC cancels the Workshop for failure to meet the minimum number of participants.

 

Incapacity/Unavailability of Jackie Kramer:  JKP LLC reserves the right to either (i) cancel the Workshop and issue a full refund to Participant, or (ii) insert a substitute Workshop leader, if Jackie Kramer becomes incapacitated or is otherwise unavailable to lead the Workshop.

 

Force Majeure:  The Contract and JKP LLC’s performance thereunder are subject to all contingencies beyond JKP LLC’s reasonable control (whether or not now in contemplation of JKP LLC or Participant), including but not limited to force majeure, strikes or labor disputes, floods, civil commotion, widespread illness (including a pandemic or epidemic), weather, war, riot, unrest, acts of God, any change of laws, seizures, requisitions, instructions, regulations, restrictions, or actions of any government or any agency or subdivision thereof, casualties, fires, accidents, embargoes, quotas, shortages of labor, materials, merchandise, fuel, power or transportation facilities, inability to or delay in procuring supportive products or services from JKP LLC’s usual sources or in its usual manner or other casualty or contingency beyond JKP LLC’s control.  In any such event, JKP LLC shall not be liable to Participant for any damages and shall have the right, in its sole discretion, to (i) reschedule or modify the Workshop (including changing the date and/or location or switching to a virtual format) without any liability to Participant for any costs or expenses incurred by Participant, such as airfare, hotel accommodations, visas, or any other costs associated with such rescheduling or modification; or (ii) cancel the Workshop and issue a refund to Participant of all amounts paid with respect to the Workshop less a $100.00 administrative fee.

 

Participant’s Behavior:  JKP LLC retains the right to refuse service to Participant at any time before the start date or during the Workshop based on the conduct of Participant or any guest of Participant including, but not limited to, rude behavior toward the Workshop leader(s) or others, complaints from other Workshop participants, or safety concerns. There will be no refunds paid if JKP LLC exercises this right and it is the responsibility physically and financially of Participant, and his or her guest(s), if applicable, to remove themselves immediately from the Workshop upon the request of any Workshop leader or other representative of JKP LLC. 

 

Notice:  In the event of cancellation or modification of the Workshop by JKP LLC, JKP LLC shall provide Participant prompt notice; provided that no written notice shall be required for cancellation during the Workshop under the section entitled “Participant’s Behavior” above.

 

Cancellation by Participant:

Participant may cancel Participant’s registration in the Workshop by providing written notice to JKP LLC at least 14 days before the first day of the Workshop.  Given the significant costs that JKP LLC has incurred in setting up the Workshop, JKP LLC will only issue a refund to Participant if Participant locates a replacement for Participant.  If Participant locates a replacement, JKP LLC shall refund all of the Registration Fee or the deposit thereon paid by Participant, less a $200.00 transfer fee, to Participant upon such replacement’s successful registration and payment in full for the Workshop. JKP LLC bears no responsibility in locating replacements.

 

Travel Insurance:

Because unanticipated circumstances can occur, Participant is strongly encouraged to purchase travel insurance. Please note that many policies require that insurance be purchased within 14 days of booking your trip and making the deposit. JKP LLC does not provide travel insurance; however, there are several companies that offer travel insurance that will cover the Workshop.

 

It is highly recommended that Participant purchase insurance that covers airfare, lodging, medical emergencies, registration fees, and camera equipment. Because of the changing marketplace, JKP LLC suggests that Participant conduct research immediately after registering to determine the best carriers for Participant. Note that full coverage of Participant’s travel related to the Workshop might require multiple policies.

 

Limitation on Liability:

Participant assumes full liability for and is solely responsible for Participant’s, and Participant’s guests’, travel to and from and participation in the Workshop and JKP LLC shall not be liable to Participant for any damages arising from or relating to same.  Without limiting the generality of the foregoing, JKP LLC  is not responsible for any incidents or accidents that may occur in transport, or in the gardens or any other establishment that Participant visits during the Workshop. That includes, but is not limited to, travel delays, injury to Participant or any guest of Participant, loss or damage of camera gear or other property.  JKP LLC is also not assuming any liability related to illness or injury resulting from any meals provided as part of the Workshop or from exposure to chemicals, bugs, noise, or any other nuisance. Participant assumes full responsibility for all personal items, computers, baggage, and camera gear of Participant and Participant’s guest(s) at all times. Participant should research all airline and government rules and restrictions relevant to Participant’s travel to the Workshop in advance to avoid any problems.

 

JKP LLC’s maximum liability under the Contract, whether arising under breach of contract, negligence, proprietary rights, tort or any other legal or equitable theory of recovery, shall not exceed the lesser of (a) the actual direct damages incurred by Participant in connection therewith or (b) an amount equal to the Registration Fee or portion thereof actually paid by the Participant to JKP LLC; provided that, notwithstanding anything herein to the contrary, JKP LLC’s aggregate liability arising out of or in any way relating to the Workshop or the Contract shall not in any event exceed an amount equal to the Registration Fee.  Participant shall be entitled to no other remedies regardless of the form of claim or cause of action.  FURTHERMORE, IN NO EVENT SHALL JKP LLC BE LIABLE TO PARTICIPANT OR ANY OTHER PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY THIRD PARTY CLAIM. 

 

Health of Participant and Others:

Participant accepts the responsibility to ascertain whether or not Participant, and any guest of Participant, is in good enough physical condition to travel and participate in the activities that the Workshop will entail. However, JKP LLC reserves the right to refuse service to anyone who, in the determination of the Workshop leader(s) or any other representative of JKP LLC, possesses health issues that may pose a threat to others or may inhibit the ability of the individual to safely participate in Workshop activities.

 

JKP LLC reserves the right to refuse service to any individuals who exhibit symptoms of the 2019 novel coronavirus (COVID-19) or any other health issues during the Workshop, including, but not limited to, coughing, sneezing, fever, dizziness, etc., and any individuals who fail to comply with the requests or instructions of the Workshop leader(s), or other representatives of JKP LLC, regarding health and safety. The Workshop leader(s) and other JKP LLC representatives may check the temperature of participants and guests on a daily basis during the Workshop.  Participant shall immediately disclose to the Workshop leader(s) any known exposure to COVID-19 or any symptoms of COVID-19 experienced by Participant and any guest of Participant during the Workshop or in the 14 days prior to the first day of the Workshop.

JKP LLC will comply with all applicable laws in the governing jurisdiction regarding public health and COVID-19. Regardless of local laws, JKP LLC has the right to require that Participant and any guest(s) of Participant properly wear suitable masks and observe social distancing during any Workshop activities.

 

Copyrights:

Participants grant permission to JKP LLC and any co-leader(s) of the Workshop to use any quotes from Participant and images captured by or including Participant during the Workshop or otherwise provided to JKP LLC for promotional materials.

 

Notices:

Any notices required by these Terms and Conditions shall be sent by certified U.S. mail, return receipt requested, commercial overnight delivery service or by email to the parties at the addresses set forth below:

 

If to JKP LLC:              Jackie Kramer Photography, LLC

                                    6717 Hidden Creek Blvd

                                    St. Augustine, Florida 32086

                                    jackie@luvblooms.com

 

If to Participant:        To the physical or email address provided in the Registration Form.

 

Either party may update its address by providing notice in accordance with the foregoing.

 

No Warranties:  

PARTICIPANT EXPRESSLY AGREES THAT PARTICIPANT’S PARTICIPATION IN THE WORKSHOP IS AT PARTICIPANT’S SOLE AND EXCLUSIVE RISK.  THE WORKSHOP SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS.  JKP LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  ANY STATEMENTS MADE REGARDING THE WORKSHOP IN PROMOTIONAL MATERIALS SHALL BE CONSIDERED ADVERTISING REFERENCES, AND NOT WARRANTIES.  JKP LLC MAY MAKE THIRD-PARTY GOODS, SERVICES AND/OR SOFTWARE AVAILABLE TO PARTICIPANT THAT ARE NOT PART OF THE WORKSHOP SERVICES ("THIRD-PARTY SERVICES"). JKP LLC HAS NO CONTROL OVER THE CONTENT OF THIRD-PARTY SERVICES. USE OF ANY THIRD-PARTY SERVICES WILL BE AT PARTICIPANT’S OWN AND SOLE RISK.

 

Governing Law; Venue: 

The Contract shall be governed by, construed and interpreted in accordance with, the laws of the State of Florida without regard to the conflicts of laws rules thereof.  Participant and JKP LLC hereby (a) irrevocably and unconditionally consent to the exclusive jurisdiction of the courts of the State of Florida of competent jurisdiction located in St. Johns County, Florida (the “Florida Courts”) for any litigation or disputes arising out of or relating to the Contract, (b) waive any objections to the laying of venue of any such litigation in the Florida Courts and (c) agree not to plead or claim that any such litigation brought in any of the Florida Courts has been brought in an inconvenient forum.

 

Entire Agreement:

The Contract, including the Registration Form and these Terms and Conditions, constitutes the entire agreement between the parties with respect to the Workshop Services and the matters contained herein and supersedes all prior agreements, oral or written, regarding the subject matter of the Contract.  These Terms and Conditions, and the Contract, may only be modified by a written agreement executed by Participant and JKP LLC.

 

Assignment:

The Contract may not be assigned by Participant without JKP LLC’s prior written consent, and any attempted assignment by Participant shall be null and void.  Subject to the foregoing, the Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, permitted assigns and legal representatives.  There are no third party beneficiaries of the Contract.

 

Waiver of Jury Trial:

EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM, WHETHER AT LAW OR IN EQUITY, BROUGHT BY EITHER PARTY ARISING OUT OF OR IN ANY WAY RELATING TO THE CONTRACT.