Release of Liability: By registering for this photo tour or workshop, participants certify that they have carefully read the dates, schedule of activities, the requirements and the “Terms & Conditions” for the Photo Tour / Workshop (hereinafter referred to as the “Trip”) and are aware that the Trip involves the risk of personal injury, death or loss (damage) to property. In consideration of the benefits derived by the Trip, participants voluntarily recognize and accept all risks thereof. Participants agree on behalf of themselves, their dependents, heirs, executors, and assigns, to release and hold harmless The Guam Culture Guide, its employees, subsidiaries, affiliates, officers, directors, successors, representatives, assigns and its designated tour operators (hereinafter referred to as the “Tour Operators”) from any and all claims, including but not limited to liability for delays, monetary damages, illness, injuries, death, or for the loss of or damage to property resulting directly or indirectly from any occurrences or conditions. Participants agree to abide by the conditions set forth under the “Terms & Conditions” and other sections as stated herein or elsewhere published. Participants affirm that they are covered by medical insurance, which is valid overseas and affirm that they have not relied on any additional oral or written representation of the Tour Operators for executing this release. Participants further acknowledge receipt of this release and understand and accept its terms and conditions. Any questions participants had concerning this release have been answered fully.
The Tour Operators organize, promote, and sell the Trip along with services they purchase from other suppliers. The suppliers are independent contractors and are not agents or employees of the Tour Operators. They supply services that include, but are not limited to, transportation, accommodations, meals, and excursions using local guides. While we endeavor to make travel arrangements with reputable suppliers, the Tour Operators are not responsible for the willful or negligent acts and/or omissions of such suppliers, their employees, agents, servants, or representatives, including, without limitation, their failure or inadequate delivery of services. All travel and arrangements are subject to the terms and conditions specified by the suppliers, air carriers and/or applicable governing laws. The Tour Operators and the suppliers providing transportation or any service can accept no responsibility for losses or additional expenses due to, but not limited to, delay, inconvenience, changes to or cancellation of itinerary, sickness, weather, strike, war, quarantine, terrorism, defects in vehicles, breakdown in equipment, animals including transportation by animals, hiking, and any act, omission, negligence or other causes beyond their control. All such losses or expenses will be borne by the passenger, as the Trip rates provide for arrangements only for the time stated. The Tour Operators are not responsible for expenses incurred by Trip members in preparing for the Trip (i.e.: air tickets, visa/passport fees, equipment, medical expenses, individual transfers, etc.).
Assumption of Risk: Participants are voluntarily participating in the trip with knowledge that it involves some inherent risks and danger including, but not limited to, forces of nature, terrorism, civil unrest, strikes, wild animals (including animals used for transportation), all activities including hiking over rough terrain, theft, cancellation or changes in itinerary, negligent action of others or their agencies, or means of conveyance or accommodation which may not be operated nor maintained to standards common in Western countries like the United States. This includes health-related issues, and I am aware that medical services or facilities may not be readily available or accessible during all or part of the Trip. This includes emergency medical care, presence of physicians, and adequate medication. On expeditions of this type it is not possible to accommodate persons with severe health problems, physical disabilities or mental illness. It is the passenger’s responsibility to judge the appropriateness of the travel activities to their own physical and mental capabilities. By forwarding the deposit, the passenger certifies they agree with these terms and conditions and that they do not have any mental, physical or other condition or disability that would create hazard for them or other participants. The Tour Operators and their suppliers take no responsibility for special arrangements or problems incurred by passengers unable to participate in the Trip or planned activities. The right is reserved to decline any person as a member of the Trip, or to require any participant to withdraw from the Trip at any time.
Fitness and Health: Anyone who is reasonably fit should be able to participate in most activities on the Trip. It’s possible to experience general fatigue due to long flights and changes in time zones. You will need to be sufficiently agile to climb in and out of the transport vehicle and be able to carry and manage your own photographic equipment and luggage. We will hike trails and paths ranging from easy to moderate throughout the Trip. Some hotels may not be equipped with elevators or air-conditioning.
If you have any special needs or any physical condition that you feel might prevent you from fully participating, please make us aware when registering for the the Trip or email us in advance with your questions or concerns.
Please be aware that medical services and facilities might not be readily available during all or part of the Trip. This could include emergency medical care, presence of physicians, or adequate medication. Please notify us in advance of any allergies, physical / mental conditions or medications you’re currently taking that may affect your health.
Changes in Services: Rates are based on tariffs, U.S. exchange rates and supplier fees in effect at the time of publishing. We reserve the right to alter our prices. Please note that if the Tour Operators cancel a trip extension, you are subject to the cancellation penalty for the main trip should you subsequently decide to cancel your main trip. Individual transfers for those traveling independently are not included unless otherwise stated. If the group falls below the minimum requirement of 9 paying participants to 5-8, the expedition is subject to cancellation or a small group supplemental fee as stated on the individual trip website page.
Accommodations are based on double occupancy (two people sharing a room) requests for single occupancy are assigned on a first-come, first-served basis, when available and subject to a supplemental fee at the rate stated on the individual trip website page.
The Tour Operators reserve the right to cancel or make changes to the published itinerary, including removal or substitution of tour leaders, whenever, in its judgment, conditions warrant, without consulting the participants. Participants have no right to any refund or other considerations in the event of these itinerary or leader changes. The Tour Operators reserve the right to cancel any Trip before departure, in which case a full refund of all amounts paid to the Tour Operators will be made. If changes are made, tour leaders will plan each day considering the interests of the group and the weather at hand. Be assured that we will make substitutions that are similar in quality and interest when possible.
Code of Conduct: Participants are expected to conduct themselves in a manner that is respectful to the group and other participants. Any use of illegal drugs or substances, committing or participating in any criminal or illegal activity & violence of any sort will not be tolerated and will result in the participant’s immediate removal from the Trip, without refund and at the participant’s expense. Trip leaders are authorized, and hereby reserve the right, to remove or exclude participants from the Trip, or any portion thereof, for actions they deem as inappropriate or disruptive to the group or Trip.
Indemnification: The participant agrees to defend and indemnify the Tour Operators, and its affiliate companies from and against any and all demands, claims or lawsuits (including without limitation, third party asserted demands, claims or lawsuits), actions, liabilities, damages, costs, losses and/or expenses (including reasonable attorneys’ fees and expenses) (collectively, “Claims and Damages”) which the Tour Operator may incur, suffer or be required to pay by reason of actions taken by the Participant, including those which result in damage to property owned by third parties, or any other Claims and Damages arising in connection with a third party claim suffered due to actions taken by the Participant. The Participant is liable to reimburse the Tour Operators for any Claims and Damages collected by third parties, during the Trip or after, as a result of or related to actions taken by the Participant.
Airfare: Airfare is NOT included in the Trip Rates provided. Before booking your airfare, please contact us for arrival and departure time specific requirements. We can accept no responsibility for losses or additional expenses on airfare due to trip cancellation or alteration. We suggest booking a refundable fare or purchasing the optional insurance in case the Trip must cancelled, postponed or altered.
Included in Trip Costs: Group ground transportation for the Trip activities. Accommodations, based on double occupancy (two people sharing a room), requests for single occupancy are assigned on a first-come, first-served basis and subject to a supplemental fee at the rate stated on the individual trip website page. Services of driver, English speaking guide and photographic leaders throughout the Trip. Meals as listed in the on the individual Trip website page. Tickets, entrance fees, all tours and guides as listed on the individual Trip website page.
NOT Included in Trip Costs: Domestic or International airfare to and from the Trip beginning & ending locations; airfare tax; airport departure tax (if applicable); airport departure transfers; additional transfers or accommodations that may be required by those not traveling with the group; excess baggage charges; meals / snacks not included in the Trip as indicated on the individual Trip website page; side activities taken on your own; passport / visa expenses; individual medical or travel insurance costs; any expenses of a personal nature, such as room service, laundry, drinks outside of meals & alcoholic beverages; medical expenses; photographic equipment; any activities not specified in the Trip itinerary or that are listed as optional, or any items not listed in what is included on the individual Trip information page on our website; possible fuel surcharges; exchange rate surcharges; modest gratuities to the guides and drivers are customary.
Single / Shared Accommodations: A limited number of single rooms/cabins are available at an extra cost on a first-come, first-served basis. We will assist persons requesting a roommate. Participants will be notified if a suitable roommate is not available, in which case the single rate will be charged.
Payments, Cancellations, and Refunds: A deposit per participant is required at the time of registration to reserve your spot. Some tours may require a higher additional deposit due to advance booking or transportation requirements. Required deposit amounts will be listed on the individual Trip page on our website. Payment in full is required when registration is completed less than 60 days before the departure date. Space is subject to cancellation by the Tour Operators if payments are not received when due. If a participant would like to cancel they must send an email notification. Please note your cancellation is not considered official until you have received a return email confirmation acknowledging your cancellation. At the time we receive your cancellation notification, the following per person charges will be applied.
91 days or more before departure: $250 cancellation fee, plus any additional costs incurred, as well as any fees that are charged by the suppliers providing the services included in the Trip.
31-90 days before departure: $500 cancellation fee, plus any additional costs incurred, as well as fees, if applicable, that are charged by the suppliers providing the services included in the Trip. If your spot is filled by another participant, we will refund your deposit minus payment processing fees and $100 administrative fee.
30 days or less before departure or anytime after departure: NO REFUNDS WILL BE GIVEN and your deposit will be forfeited. Payments in Full are required no later than 60 Days prior to departure. If full and final payment is not received by this date you will be notified via email two times requesting final payment. After that, we will consider your failure to make payment a cancellation and your spot in the Trip will be forfeit and offered to those participants on the waiting list.
Travel Insurance: Each participant hereby confirms that they understand and agree to purchase the required insurance listed below, that is valid internationally, and that they will be required to provide proof prior to departure for the Trip and in order to participate.
Required Coverage:
- Accident & Sickness Medical Expense Coverage (minimum $100,000 USD)
- Emergency Evacuation & Repatriation of Remains (minimum $200,000 USD)
- Accidental Death / Dismemberment
- Trip Cancellation Coverage
Suggested Additional Coverage:
- Hospital Room and Board
- Baggage and Personal Effects Coverage
- Trip Delay / Interruption
- Visitor to Bedside
We strongly urge you to evaluate your risk and to take out travel insurance that covers the full value of the Trip and personal effects in the case of Trip cancellation, loss or theft of baggage, and emergency evacuation. The Tour Operators their owners, agents and subsidiaries will not be held responsible for these expenses. It is vital for you to realize that if you experience a delay or find it necessary to cancel or cut short the Trip for any reason, you will lose part or the entire sum of the amount paid (see the section “Deposits, Payments, Cancellations and Refunds” in the terms and conditions above).
Travel insurance helps to minimize the risk of monetary losses you would incur in the event of a delay of your departure due to weather, airline strike, missed connection, etc., your inability to travel for reasons such as illness, injury, unforeseen financial complications and other personal circumstances, or if you were required to cut the Trip short for medical or any other reasons.
There are restrictions and limitations on any insurance program. For this reason, we recommend that you read carefully the fine print of your insurance policy.
Model Release: The Guam Culture Guide and its designated tour operators and Trip leaders reserve the right to take photographs or videos during the operation of any Trip or part thereof and to use the resulting photography, videos, or recordings for promotional or commercial use. By making a reservation on a The Guam Culture Guide Trip, the participant agrees to allow his/her likeness to be used by The Guam Culture Guide, The Guam Culture Guide-authorized third parties, and the tour operator without compensation to the participant. If the participant prefers that his/her likeness not be used, he/she must notify us in writing prior to departure of the expedition.
Photo Release: Copyright in all photographs, video, and related materials (herein referred to as “Trip Materials”) created by the participant shall belong to the participant upon creation. The participant grants to the Tour Operators their owners, agents and subsidiaries, a non-exclusive, worldwide, irrevocable license to use any Trip Materials voluntarily provided to the Tour Operators in any media for the following purposes: editorial use, promotion of this editorial use, advertising and promotion of Photo Tours or Workshops offered by the Tour Operators or promotion of Photo Tours or Workshops led by Trip Leaders representing the Tour Operators.
Food and Drink: Lunches will be informal, eaten in places convenient to the shooting areas. This will allow maximum flexibility. Dinners will be cafeteria style or sit down restaurants with possible occasional picnic style dinner.
Dispute Resolution: If the participant has a complaint, he/she should first inform the tour operator or Trip leader while on the Trip so that the tour operator or Trip leader can attempt to resolve and rectify the matter. If the participant is still dissatisfied, he/she should submit the complaint in writing to The Guam Culture Guide within 30 days of the completion of the Trip.
Any controversy or claim arising out of or relating to this Agreement or the performance hereunder, brochures, or any other literature concerning this Trip, or the breach thereof, including without limitation any claim related to illness, injury, or death, shall be subject to the following conditions: 1) the dispute will be governed by Guam law; 2) the parties agree that they will attempt in good faith to settle any and all disputes arising out of, under or in connection with this Agreement, including without limitation the validity, interpretation, performance and breach hereof, through a process of mediation in Guam under the supervision of a mutually agreed upon mediator; 3) in the event that mediation fails to settle such a dispute, the parties agree that they will proceed to arbitration in Guam, using one arbitrator pursuant to the then existing rules of the American Arbitration Association; 4) the maximum amount of recovery to which a participant will be entitled under any and all circumstances will be the published cost of the participant’s Trip with The Guam Culture Guide. This agreement to arbitrate does not waive or modify any liability release agreed by the participant.
Other: Additional Terms and Conditions may apply to some of our Trips and will be provided with pre-trip information mailings. By registering for a Trip with The Guam Culture Guide, the participant agrees to the release of liability statement and the Terms and Conditions published on the website or in any printed materials.
Participants hereby acknowledge that they have read, understand and agree to, and will abide by, all the Terms and Conditions of participation in the Trip as set out above.
Participants confirm that they have reviewed & agree to the dates and costs of the Trip & that they understand that flights are not included in the cost (with the exception of domestic flights for certain Trips as clearly stated on the individual Trip page on our website).
Final Payment in FULL is required within 30 days before departure for the Trip or participants risk losing the deposit and having their spot forfeited to a participant on the waiting list. Participants will be sent a paypal invoice via email requesting final payment or can send payment via Check, Credit Card, or Paypal®. You can email us if you have any questions regarding making final payment.