Terms of Use

 

PRIVACY STATEMENT

WARBLERWHISPERER LLC (hereinafter WW) is committed to respecting the privacy of its website visitors and partakers of its Photo Journeys, Individual Workshops, or its newsletter. WW will not willfully distribute any of your information to any organization not directly connected to those functions. 

CONTRACT AND WAIVER

(for Warbler Photo Journeys and Individual Workshops; hereinafter called PJ or PJs)

PLEASE READ CAREFULLY. THIS USER AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (hereinafter the participant or P) AND WARBLERWHISPERER LLC (hereinafter WW).

This contract/agreement is made and entered into by and in between WARBLERWHISPERER LLC  (hereinafter WW) and the undersigned individuals taking part in the Warbler Photo Journey (hereinafter PJ or PJs) specified below. 

By acknowledging this agreement and submitting the deposit, the participant fully agrees to abide to this agreement. Alternatively a signed copy of this agreement may be required. A brief optional medical form will be mailed or emailed along with more specific itinerary details prior to the Photo Journey (PJ) date.

Please understand reservations are made on a first come first serve basis. If a PJ is filled you can be added to a wait list if you wish or you may wish to look into one-on-one workshop options with WW. Those options are located on the Resources tab of warblerwhisperer.com.  

Assumption of Risk

You agree to assume ALL RISKS of any PJ. This includes but is not limited to risks associated with any outdoor activity shared with others or even done alone and its associated activities, including but not limited to travel, transportation, weather, and any location associated risks. These risks include but are not limited to the risk of death, disability either temporary or permanent, illness, injury, loss of or damage to equipment or vehicle due to accident, theft, or otherwise.  

Such risks cannot be totally eliminated without preventing the attempt to achieve any of the photography goals of any PJ. WW believes all its PJs are low risk for an outdoor activity occurring at the locations used for each PJ.  If you have questions or concerns about any location’s specific risks, please contact WW.   

You agree that WW cannot be responsible for any losses related to these risks. WW recommends all participants consider travel insurance.  

INDEMNIFICATION

You, and per your agreement also your survivors, heirs, administrators, executors, or assigns, all agree to indemnify WW and any of its employees, legal representatives, agents, heirs, successors and assigns, from and against any damages, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or connected in any way to any claims, actions, suits or demands based on or related to your use of WW for both any PJ or for any other WW activity.  

If any provision of this Contract and Waiver is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Contract and Waiver and will not affect the validity and enforceability of the remaining provisions, which must be construed, as nearly as possible, to reflect the intentions of the parties, and to remain in full force and effect.

The terms of this Contract and Waiver comprise the entire agreement between you and WW with respect to its subjects.

If you are dissatisfied with any aspect of your interaction with WW, your sole and exclusive remedy is to discontinue such interaction.  You agree that the aggregate liability of the protected parties (WW) for any reason whatsoever related to your interaction with WW, may not exceed the amount paid by you to WW, if any, for WW services.

No refunds will be given if you are not happy with your achieved results from any PJ.   

If a lawsuit is filed for any reason, the participant or guest or those filing it on their behalf agree to file it only in Cobb County, Georgia.

WARBLERWHISPERER LLC is a limited liability company headquartered in Cobb County, Georgia.  


Terms and Conditions

Each participant is responsible for their own travel and lodging arrangements and associated costs, and for their own photography gear. Carpooling may be available for some sites. WW will not supply any participant photo gear, so participants should consider bringing backup gear in case of loss, absence, or non-functioning gear. The Georgia PJ has access to Atlanta, where such gear may be rented or purchased, and this may serve as an adequate backup in the participant’s judgment for Georgia PJ(s).    

WW reserves the right to cancel or shorten any Warbler Photo Journey (PJ) at any time and for any reasonable reason, including but not limited to life-threatening or significant illness or death of the leader or any of the leader’s first-degree relatives, or grandchildren. In such case, any lost days of shooting will be refunded fully if the entire PJ is cancelled or on a prorated basis if some of the PJ is cancelled. WW is not responsible for travel- or lodging-related costs in such case. WW recommends all participants look into travel insurance. 

Gene is thankful for good health, and to his knowledge he or his family per the above have no personal health issues that would increase the odds of such a cancellation.  

The initial deposit alone is fully refundable for any reason up to 30 days until the published first date of the Photo Journey the participant has registered for. The initial deposit is forfeited if the participant has to cancel for any reason anytime in the 30 days prior to the said PJ. Any additonal deposit made after the initial deposit and prior to the first day of the PJ is not refundable for any cancellation. WW considers failing to show up for a PJ as a non-covered cancellation. If the balance of the fee for any PJ is not received prior to the commencement of the PJ, then WW reserves the right to limit participation for said participant to just the first day of said PJ or even to deny any participation whatsoever in said PJ. WW reserves the right to apply or not to apply any initial deposit(s) that has been so forfeited to a future PJ of the participant’s choosing, at the sole discretion of WW.

WW makes no assurances that any target species will be found, and if found there are no assurances it can be photographed to the participant’s satisfaction. It is understood there can be some variability season to season in warbler presence and numbers and on how responsive an individual may be in attempts to photograph it. Specific sites may require a permit for photography activities, and, if so, you will be informed of details prior to needing such a permit. 

WW reserves the right to increase published group size by one participant or add a single guest (such guest not doing photography) to any given day, only at the leader’s discretion.  

Any guest also must sign these same agreements. All relevant terms of this contract/agreement apply to such guest as well.  Guests must be so registered prior to the first day of the PJ. There is no fee for such guest who is not doing photography.

Regarding weather, expect to shoot unless it is the leader’s judgment that it is raining too hard or that the weather otherwise prohibits such outdoor activities. You should consider bringing rain gear for yourself and to protect your equipment.  

Consider any given day as divided into two at least three- to four-hour sessions. If any rain delay prevents shooting for the entire day, WW agrees, upon request, to refund a prorated PJ amount for that day. If we are cumulatively able to shoot at least one equivalent session on such a rainy day, there will be no refund for that day, and other activities such as discussions about warbler photography, Lightroom and/or Photoshop techniques may be substituted as per group consensus. If any delays other than weather affect our ability to shoot and such delays are not 100 percent due to the leader, the same process will apply. 

Gene is a licensed physician in the state of Georgia. It is understood that he will not be operating in his role as a physician during the PJ. However, please inform him beforehand of any medical conditions or medical needs or allergies. Gene encourages you to complete the medical form that will be mailed or emailed to you after registration. Gene will do his best to respect your needs related to your medical condition(s). Most photography will be done within a few hundred feet of our vehicles. There may be slippery, muddy, and uneven terrain in some instances. The long day may be the most important health consideration for some, depending on their medical condition(s). It is possible we might spend up to 10-12 hours in the field on some days. If a participant elects to opt out of part of any day or days due to health-related concerns or any other personal reason, there will be no refund for the missed time.   

Expect to put in a long day. We want to be on site around sunrise or shortly thereafter.  We will begin each session on time, and if someone is late, group consensus will dictate whether we leave without someone.  WW will suggest lodging, and in many cases breakfast is supplied by that lodging. Breakfast is a good time for us to review the plan for the day, specifically for the morning session. Keeping the above in mind, any participant can stay at whatever lodging that suits them. No pets are permitted on any PJ due to keeping in mind the comfort of the photography subject(s). Please follow cell phone etiquette.  

It is expected that you know your gear well enough to use it in the field, as the primary purpose of any PJ is not to teach you how to use your gear. An Individual Workshop option (Georgia or Tennessee options are tailored more for beginners) is more suitable for those who are not skilled in the use of their equipment. Participants should be able to quickly focus on small birds that often may move quickly.  WW believes a tripod is essential. Gene uses a Wimberley head with his tripod to allow stable camera body movement in all directions while shooting. Participants agree to follow the leader’s lead when shooting and to refrain from changing their physical location during an active shoot without the leader’s lead. Controlling unnecessary noise and limiting unessential movements allow for improved shooting opportunities for all participants. This is especially important, as warblers are songbirds, and, as such, a closer distance to the subject while shooting is required than for larger subjects. Gene requests that all participants read the website testimonials.  

Gene will work all available shooting time as best as he is able in order to increase group productivity.

He is very familiar with all targeted warbler species, including where and when they may best be found. He knows their songs. He is familiar with particular nuances of these species and has developed a feel about how to best select individual birds for photography. Some species are generally easier to work with than others. Even tougher species often have individuals that are more responsive. Gene will work to find those opportunities. There will be a point during each bird encounter that Gene will recommend we move on, which is a judgment call Gene will make, as he keeps the bird’s comfort in mind. Lighting and composition will always be a consideration. We will endeavor to use both natural and completely staged perches, depending on location.  Gene’s goal for the participants is many pleasing images each day and a fun time for all, enjoying the PJ and learning about warblers and related photography.   

As the morning proceeds and if lighting is harsh, we will likely cease shooting and take a break for lunch and non-shooting activities described above, or use these harsher light hours to transition to another location. Some days overcast conditions may exist all day, and we will likely endeavor to extend our shooting time. If such conditions can be predicted beforehand, we may plan to bring a lunch and/or snacks and beverages. Participants agree to limit any alcohol consumption to after shooting is done for the day. Participants agree to not smoke or vape while we are in the field unless they do so in their own vehicle or venture at least 100 yards away from the group. On harsher lighting days, when we resume shooting later in the afternoon, we will shoot again until lighting is not usable, as deemed by the leader. We will then plan to get dinner as a group and use that time to review our day and discuss plans for the next day. A positive attitude is essential and is contagious. Please communicate your needs to the leader. If any participant is not functioning as a teammate in keeping with this agreement, then, by group consensus, that individual can be asked to leave for that session or even dismissed for the entire PJ. In such case, WW reserves the right to not refund a prorated amount for any so missed shooting time. Gene will endeavor to do what he reasonably can do to create a positive and successful PJ experience for all participants.  

I, the undersigned participant or registered guest have read and agree to the above terms and conditions.