These terms and conditions (these “Terms”) contain important information regarding your legal rights and obligations. We encourage you to read them carefully before purchasing, booking or using any of our programs, products or services. By placing an order OR BOOKING from nycphotojourneys.com or jessieonajourney.com (the “sites”), you accept and are bound by these Terms ON YOUR OWN BEHALF AND, IN THE CASE OF A BOOKING OF A TOUR, ON BEHALF OF ALL INDIVIDUALS INCLUDED IN THE BOOKING.
1.1. Our programs, products and services are owned and operated by NYC Photo Journeys Inc. (d/b/a Jessie on a Journey), a New York corporation (the “Company,” “we” or “us”). The terms “you” “Client” or the “Guest” refers to any person, persons or entity that purchases, books or uses any of the Company’s programs, products or services.
1.2. These Terms apply to the sale, purchase, booking and use of programs, products or services through the Sites. You may not order or obtain programs, products or services from the Sites if you (a) do not agree to these Terms, (b) are not at least 18 years old or (c) are prohibited from accessing or using the Sites or their contents, programs, products or services by applicable law.
1.3. These Terms are subject to change without prior notice at any time in our sole discretion. The latest version of these Terms will be posted on the Sites, and you should review these Terms before purchasing any programs, products or services that are available through the sites. Your continued use of the Sites after a posted change in these Terms will constitute your acceptance and agreement to such changes.
2. Pricing and Payments
(a) Prices posted on the Sites are in United States Dollars (“USD”). Unless otherwise stated, posted prices do not include local taxes or fees. All such taxes and charges will be shown on the final checkout page. In the case of sales outside the United States, all prices will be converted at the time of purchase and subject to the prevailing foreign exchange rate as set by the Company, which rate will float on a daily basis in line with international currency movements.
(b) All prices appearing on the Sites are subject to change without notice. Once you have booked with the Company, you will not be required to pay any difference in the event of a price increase. The Company will not refund the balance of any price reduction.
(c) Inclusions & Exclusions for Tours – Prices include all inclusions as indicated in the product description. Prices do not include:
Tips and gratuities – On a tour, if you are happy with the services provided by your guide and/or photographer, a tip—though not compulsory—is appropriate. While it may not be customary to you, it is of great significance to the people who will take care of you during your tour.
Items of a personal nature – These may include snacks, meals, and drinks not outlined as an inclusion in the inclusions section of the Tour description.
Baggage and personal insurance – It is highly recommended that each traveler obtain adequate insurance for their travels, including for the NYC Photo Journeys, Inc. Tour they have booked.
2.1. Payment. Full payment is due at the time of purchase. We accept payment by Visa, MasterCard, or American Express. Your preferred date will not be guaranteed until full payment is made.
3. Bookings and Cancellations
3.1. When you book a program or experience through the Sites, you are booking a personal, educational experience with a real person. You acknowledge that not every experience will be the same, and that our programs and work are continually evolving. Itineraries and courses are subject to change without prior notice due to circumstances and developments outside of our control. If your experience is canceled by the Company due to unforeseen events, we will work with you to (a) reschedule, or (b) offer a refund.
3.2. You may receive a full refund for an experience that is cancelled due to inclement weather. Inclement weather refers to rain, hail, lightning, or severe storms where it is unreasonable to continue on with the experience.
3.3. Partial refunds will not be given to guests who decide to end their experience early. Partial refunds will be provided to guests whose experiences are forced to end early due to inclement weather based on the time the tour is forced to end, which will be rounded up to the nearest half hour.
3.4. If you need to cancel or reschedule a program or experience, please email [[email protected]] and we will try to accommodate as best as we can. Please keep in mind that, if it is impossible to reschedule, cancellation fees may apply at the following rates:
(a) Cancellations made at least 30 days in advance receive a 90% refund;
(b) Cancellations made between 29 days and 73 hours before the tour departure receive a 50% refund;
(c) Cancellations made within 72 hours of the tour departure are non-refundable.
If you do not show up for your scheduled program or experience and you do not contact us, you are considered a “No-Show” and you are not entitled to a refund. Your guide/photographer will wait at the meeting point for 20 minutes from the start time of the experience before leaving. Note that if you arrive late, your experience will still end at the pre-determined end time.
3.5. Coronavirus (COVID-19) cancellations. Please visit our COVID-19 information page for full up-to-date details.
3.6. NYC Photo Journeys Tours & Shoots. If you have booked an experience through NYC Photo Journeys, you will receive a confirmation and voucher via e-mail for the booking, which will contain the details and requirements for that booking. Please be aware that whoever books the experience is responsible for providing accurate information, arriving on time, and ensuring that all members of the group are covered by appropriate travel or health insurance. We reserve the right to remove you from the tour if we determine that you or your party are not in compliance with these Terms, the tour requirements, or local laws and customs.
3.7. Acceptance of risk. You understand that this experience requires the ability to walk long distances, take the subway, and otherwise navigate the streets and transit systems of New York City. You are aware of the inherent dangers and risks of this experience, including: physical exertion for which you may not be prepared, weather conditions subject to sudden and unexpected change, and the actions of third parties outside of the Company’s control.
By booking an experience, you agree that you are fully physically, mentally, and emotionally fit for and capable of participating in this experience, and you accept all the inherent risks of the experience.
You acknowledge that you are choosing to travel at a time where you may be exposed to the COVID-19 virus. We will take all reasonable steps to ensure your safety and may require you to follow additional safety protocols on your trip.
We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However, it is also your own responsibility to acquaint yourself with all relevant travel information, including applicable health risks and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel. To the fullest extent permitted by law, we accept no liability in relation to these additional risks.
4. Intellectual property, Photography and Media
4.1. Use License. The content on the Sites and within our programs, products, services, or program materials are subject to copyright, trademark, and other intellectual property rights (collectively, “Company Content”). You are granted a revocable, non-transferable license for personal, non-commercial use of the Company Content, subject to the restrictions in Section 4.2. This license does not include other copyrightable or trademarked material not owned by the Company that may appear on the Sites.
4.2. Prohibited Uses. The above license may be terminated by the Company at any time and shall automatically terminate if you violate any of the following restrictions:
(a) You will not copy, share, sell or steal our Company Content, or any individual parts of the Company Content;
(b) You will not in any way use, copy, adapt or represent any Company Content in any way as if it is yours or created by you;
(c) You will not engage in improper and/or unauthorized use of Company Content. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Company Content;
(d) You will not reprint or republish any part of our Company Content for publication or compilation into your own products, programs, services or program materials;
(e) You will not use our Company Content in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by our prior written consent.
Upon termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
4.3. Photography. Photographs received as part of a tour or photoshoot booked through NYC Photo Journeys (the “Photos”) are subject to the following rights and restrictions:
(a) The Photos are created by and belong to the Company. Subject to the license granted to you below, the Company retains all right, title, and interest in and to the Photos.
(b) You are granted a non-exclusive, royalty-free, perpetual right and license to print or otherwise make copies of the Photos for personal, non-commercial use, subject to the restrictions in this Section 4.3. You are permitted to submit the Photos to online or print publications so long as you are not paid, you send us a copy or link to the online or print publication, and you credit NYC Photo Journeys as the photographer. This license is limited to the rights in the Photos and does not include other copyrightable material not owned by the Company that may appear in the Photos.
4.4. Media Release. By participating in our programs, products and services, and using our Company Content, including our Facebook community, you consent to the making of photographs, videos, and/or audio recordings that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you in our current or future programs, products or services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
5. Creative License. Images are edited at Company’s discretion, and delivered prints may not include all images shot. Company reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
7. Representations and Warranties
7.1. Our programs, products, services, and program materials are for informational and educational purposes only. Nothing on the Sites or within the programs, products, services, and program materials should be construed in any way as medical, financial, or legal advice. The Company makes no representations or warranties of any kind and assumes no liabilities of any kind with respect to the accuracy or completeness of the programs, products, services, and program materials. The Company shall not be held liable or responsible to any person or entity with respect to any loss or incidental or consequential damages caused, or alleged to have been caused, directly or indirectly, by the programs, products, services, and program materials.
7.2. Warranty Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR ITS CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
7.3. Limitation of Liability. IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR THE COMPANY PROGRAMS, PRODUCTS, SERVICES OR PROGRAM MATERIALS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE COMPANY PROGRAMS, PRODUCTS, SERVICES OR PROGRAM MATERIALS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
(a) For photography services, in the unlikely event that images may be lost, stolen or destroyed for reasons in or beyond our control, liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.
(b) For photography services, in the unlikely event of unforeseen illness or any other circumstances beyond NYC Photo Journeys control, we will try to find a qualified substitute to fulfill the obligations of services herein contracted. If a substitute is not able to be found, Client will be granted a 100% refund in the amount paid.
(c) In the event that NYC Photo Journeys fails to capture a particular desired moment, Client shall continue to be responsible for all payments (past and future) due under this contract and NYC Photo Journeys shall not be considered in breach of this contract.
7.4. Force majeure. If Company or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then Company shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement.
You agree to defend, indemnify and hold the Company, and its respective officers, agents, partners and employees, harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, arising out of or related to our programs, products, services or program materials, and/or arising from a breach of these Terms. Notwithstanding the foregoing, the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with the Company’s defense of such claims. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
9. Dispute Resolution
All claims and disputes arising under or relating to this Agreement are to be settled first by e-mail correspondence, and if such fails, then by binding arbitration in the state of New York. An award of arbitration may be confirmed in a court of competent jurisdiction.
In the event that any term or condition contained here is unenforceable, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
If you have questions about these terms or anything else, please email [[email protected]].