LisaTom.photos

BREA Photos LLC

~ Tom and Lisa Cuchara ~Photography By Lisa and Tom ~LisaTom.photos

Acknowledgment and Assumption of Risk, Liability Release, and Arbitration Agreement. All participants must sign the Participant Release that accompanies this Document.

LIABILITY RELEASE – By attending with Host BREA Photos LLC ~ Tom and Lisa Cuchara I acknowledge that it is not without risk. I agree that the BREA Photos LLC ~ Tom and Lisa Cuchara and its heirs, agents, employees, guests, or assigns will not be held liable for injury, illness, accident, and travel hazards by foot, air, vehicle, watercraft, emergency, death or other related problem(s) arising from the Event. I also agree to hold Host BREA Photos LLC ~ Tom and Lisa Cuchara and its heirs, agents, guest, employees, or assigns harmless in the event I suffer personal property theft including but not limited to photography equipment. 

I HEREBY RELEASE – discharge, and covenant not to sue BREA Photos LLC ~ Tom and Lisa Cuchara directors, volunteers, guests, and employees, any sponsors, advertisers, and if applicable, owners and lessors of premises, on which the Workshop, Seminar, Private takes place, (each considered one of the Releasees herein) from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save and hold harmless each of the Releasees, from any litigation's expenses, attorney fees, loss, liability, damage, or cost which may incur as a result of any such claim.

JURISDICTION AND ARBITRATION -- Should BREA Photos LLC ~ Tom and Lisa Cuchara or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify them and hold them harmless for all such fees and costs. In the event a lawsuit is filed, I agree to do so solely in New Haven County in the State of Connecticut and further agree that the substantive law of that state shall apply in that action without regard to the conflict-of-law rules of that state. The terms hereof shall serve as a release and assumption of all risk for me, my heirs, executors, and administrators, and for all members of my family. If any part, article, paragraph, sentence, or clause of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect. 

BREA Photos LLC ~ Tom and Lisa Cuchara reserve the right to remove any participant who staff or leaders believe, in their discretion, presents a health, safety concern, or medical risk, is disruptive, or acts in any manner detrimental to the program. If a participant is dismissed or departs for any reason, the participant (and his/her family) are responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise. These costs include, but are not limited to medical evacuation costs, plane, train, or taxi fare, accommodations, and costs and compensation for staff accompanying the participant. There will be no refunds of any amounts in the event of removal, dismissal or voluntary departure. Participants who leave early for any reason will not receive any full or partial refunds.

ASSUMPTION OF RISK & FULLY UNDERSTAND that: (a) me and my photographic equipment, may be exposed to dangers and hazards both natural and man-made during Workshops, Events, Seminars, and Tours in outdoor and indoor environments. You should be aware of your gear at all times, but especially in populated areas; (b) Workshop, Event, Seminar, and Tour activities involve risks and dangers of serious bodily injury (including permanent disability, paralysis, and death), as well as risks and dangers to photography equipment; (c) I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation and hereby release BREA Photos LLC ~ Tom and Lisa Cuchara and will hold them harmless from any and all liability, actions, causes of actions, debts, claims, and demands of every kind and nature, howsoever caused, which I now have or which may arise of or in connection with participation in any activities arranged for me by BREA Photos LLC ~ Tom and Lisa Cuchara.

BREA Photos LLC ~ Tom and Lisa Cuchara photo tours, instructional seminars, and workshops are within the capabilities of average people in good health. Activities may include but are not limited to: walking on roadways, riverbeds, lakeshores, areas along the side of or in lakes, rivers, and waterfalls, areas that have sharp and steep drop-offs such as cliffs or overhangs, steep terrain with unstable footing, rocky areas, areas with exposed roots, uneven terrain and footing, exposed rocks and other areas which may be dangerous to walk on and present a risk of falling; uneven and varied wooded, rocky, mountainous and other rugged and difficult terrain and involve vehicular travel in Participant’s own vehicle to and from activities and that some of the time spent in these areas may be in darkness or near darkness either before sunrise or after sunset, where visibility may be limited or which may be in total darkness. I understand that snow/ice may be present on the surfaces over which I will be walking during these activities. I also understand that I will be carrying my own equipment (which may be heavy/cumbersome) to, from, and within, such areas. I understand that wild animals may be present in some or all of these areas and that these wild animals may be dangerous. I also understand that, at some times of the year, the areas in which the activities I am about to participate in may be frequented by hunters with guns or bows and arrows who may be hunting in the vicinity in which I may be undertaking activities. I specifically understand that, during the course of the activity I am about to undertake with BREA Photos LLC ~ Tom and Lisa Cuchara, I will be walking in areas that are dangerous, and in which I could damage or lose my equipment, fall, and seriously injure myself, or even die. 

I represent that I am physically fit; that I have no condition that would impede my ability to navigate such terrain or participate in said activities safely; and that I have been advised by my doctor that I may participate in such activities. By signing a registration form and/or forwarding your trip deposit/payment you certify that you do not knowingly have any physical or other conditions of disability that would create a risk for you or other trip participants. The trip leader's judgment shall provide the ultimate determination of an individual's ability to embark upon or to continue on a given trip. Once a trip has been confirmed, medical circumstances will not be considered as exceptions to our cancellation policy. We assume no responsibility for special dietary requirements or medical care.

BREA Photos LLC Tom and Lisa Cuchara accept no responsibility for losses or additional expenses due to delays or changes in air or other services, sickness, weather, strike, war, quarantine, or other causes. All such losses or expenses will have to be borne by the passenger. The transportation of baggage and photography gear is at the owner's risk entirely. The right is reserved to make any changes in the itinerary or transport where deemed necessary based on weather, air travel, etc. The participant is responsible for all travel fees, including fees incurred because of changes or cancellations. 

EXPELLING PARTICIPANTS. We reserve the right to withdraw services and expel from any event or tour any person who is causing risk to themselves, the location, or the environment, or negatively impacting on others’ enjoyment of their tour. In the event that this occurs, you agree that you will not be entitled to a refund of any sort and that you will be fully responsible for your travel arrangements from the point of expulsion. Please note that some of our events are held on private property or government parks, therefore you must agree to abide by all rules, regulations, restrictions, etc. at the location that we are at. Failure to abide by all rules could result in the removal of the participant from the workshop with no refund.

I hereby give to BREA Photos LLC ~ Tom and Lisa Cuchara his/her heirs, legal representatives, and assigns, those for whom BREA Photos LLC ~ Tom and Lisa Cuchara is acting, and those acting with his/her authority and permission: a) The unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or a fictitious name, or reproduction hereof in color or otherwise, made through any and all media now or
hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever. b) I also permit the use of any printed material in connection therewith. c) I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied. d) I hereby release, discharge, and agree to save harmless [photographer], his/her heirs, legal representatives or assigns, and all persons functioning under his/her permission or authority, or those for whom he/she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy. e) I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution; I fully understand the contents. This agreement shall be binding upon me and my heirs, legal representatives, and assigns.

TRAVEL INSURANCE: While we understand that life can bring on unexpected surprises that can require you to cancel or leave a workshop early, it is your responsibility to secure your investment. We are not able to offer credits in lieu of refunds on cancellations or early departures. Travel insurance protects you against unforeseen circumstances that might prevent your attendance. It can offer coverage for medical/dental emergencies, lost baggage, missed connections, and trip interruption (weather, security, etc.), and trip cancellation should you unexpectedly need to cancel. We do highly recommend trip insurance for trips and events outside of the USA. Some locations might require travel insurance, like Cuba. For trips within the USA trip insurance is up to you. Travel insurance is certainly worth investigating -- everyone's needs and budgets are different. The cost for travel insurance is typically 4-7% of the total trip cost, depending upon age and other variable factors. Check out the company before purchasing (make sure the company is a BBB Accredited business with an A+ rating), always get a quote, and do not decide on price alone. Some companies only insure in the USA, while others insure worldwide. Please note that our inclusion of a company below does not imply that we endorse that company, but these companies above have A+ ratings (Allianz Global Assistance, CSA Travel Protection, Travelex, USI Travel Insurance Services, World Nomads). Purchase a comprehensive Trip Insurance policy that includes trip cancellation insurance covering illness or accident, both prior to and during the trip, as well as coverage for baggage loss or delay, and other unexpected issues. It is very important to obtain insurance as soon as you have registered as most insurance companies provide the best coverage at that time. Should you chose NOT to purchase trip insurance, you hereby understand and agree to the following: "Because I have decided not to purchase trip insurance, I understand and agree that I will receive no refunds or compensation of any kind in the event that I cannot attend the event or trip for any reason, including cancellation of the trip by BREA Photos LLC ~ Tom and Lisa Cuchara. I understand and agree that this is non-negotiable. Please be sure that your policy includes these important elements: (1) Cancel For Any Reason (CFAR) coverage. Make sure it will cover you regardless of whether YOU cancel your participation or Awake The Light needs to cancel the workshop. (2) Coverage for pre-existing conditions. We suggest reading the insurance policy details carefully. In light of the 2020 pandemic, make certain that there are few or no important exclusions in the policy. 

Health: Travel to some countries requires certain vaccines (or preventative medications). By signing up for this workshop you agree to abide by all relevant mandates for your destination. You should make an appointment ~30 days before departure with your PCP, and or your local Travel or Passport Health medical office. Mandatory Vaccines for entry into a particular country/region must be administered at least two weeks prior to your departure. Failure to comply or denial into a region will not result in any full or partial refund. 

NO Smoking Policy: Due to health and comfort considerations for all participants, our events and workshops are non-smoking, both indoors and out. This is a firm requirement. 

COVID: The following has been added in order to protect the health and well-being of all workshop attendees, of BREA Photos LLC ~ Tom and Lisa Cuchara, as well as those who we will come in contact with during events. We will be following and adhering to state and CDC mandates going forward until we are clear of the threat of spreading the virus. Please note that the pandemic is ever changing so our mandates may change based on state and local government, CDC recommendations, legal advisement, etc. We rely on your honesty and the honor system to keep everyone healthy. 

Here is what you need to know and comply with:

•  Anyone who is sick with COVID-like symptoms must not attend.

• Anyone who has a fever over 100 degrees must not attend the event. Please check your temperature BEFORE you leave home.

• At this time unvaccinated participants must wear a face mask ((preferably kn95 mask but not a gaiter nor a vented mask) when inside, when social distancing cannot be done, when we are working closely with you on your camera settings, etc. and at this time only vaccinated participants may join our indoor group meals. The mask may be removed when you are outside and more than six feet away from others (attaching a lanyard attached to the mask when outside make it easier to put the mask on and off for camera instruction). 

•  Anyone who is unvaccinated and who has knowingly come into contact with a COVID positive person within the past ten days must not attend.

•  Anyone is welcome to wear a mask for their health or comfort.

•  People with symptoms or not wearing a mask (when required, or when requested properly by us) will be asked to leave, with no full or partial refunds.

•  For some events, classes, and workshops the number of participants has been decreased to allow for social distancing.

 

By signing up for this event you attest that you will NOT attend if you have any COVID symptoms or have a current (past ten days prior to the event) positive covid test.

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A Release and Assumption of Risk form must be signed by each participant upon registration (prior to the commencement of the trip). Participation by any trip member will be declined in absence of the signed release of liability form.

In addition to or in the absence of your signed form, your registration and payment shall be deemed to constitute consent to the conditions above.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I will be found by a court of law to have waived my right to maintain a lawsuit against BREA Photos LLC (Tom and Lisa Cuchara), on the basis of any and all claims from which I have released them. I have read this entire document, and understand it, and I agree to be bound by its terms. For participants under 18 yrs. of age, parent(s)/legal guardian(s) must also sign.

FAQ

Q: May I bring my Non-photographing spouse/significant other/friend?

A: Your photographer guest is welcome to attend, but typically they will have to pay the full price. There are some locations where we may be able to accommodate your guest at a reduced price. Email us to inquire about a particular event. Please note that everyone attending will need to sign our waiver (and possibly an event waiver too).

Q: You use OM SYSTEM/Olympus cameras -- do we have to use OM SYSTEM/Olympus gear?

A: No. While we use OM SYSTEM and Olympus cameras and gear, we welcome any and ALL types and brands of cameras. You may attend and photograph with any camera: Mirrorless, dSLR, film, iPhone, mobile device, etc. On some events we may have Olympus cameras available to try out, you are welcome to try one out (there are some cool and unique features in Olympus cameras.

 

 

Q: What is the difference between a Photo Class and a Photo Tour?

Photo Classes. Photo Classes may be held in our studio or in an alternate indoor or outdoor location. They are hands-on, and/or instructional, aimed at learning about a specific topic: cameras, lenses, exposure, Flash, exposure compensation, high dynamic range, Histograms, Long Exposure, Light Painting, Lens Filters, Photoshop Filters, Lightroom, Textures,  extension tubes, Photoshop, Layers and Masks, Plugins, Slideshows, etc. Most students bring a laptop to the post-processing classes, although some people come without one, taking notes and watching another participant. When Tom and I shoot during a photo class it is primarily to demonstrate a technique, angle, exposure, solve a problem, etc. -- Your learning is of primary importance, so we are always available for advice and to answer questions. During a photo class, everyone can also learn from each other by sharing images, settings, and chimping. Our photo classes are jam-packed with creativity, fun, and learning.

We generally keep our photo classes small (6-12 people with two instructors) in order to provide individual attention to everyone.  Sometimes, however, our photo classes may be offered to a larger audience. The distinction of photo class size will always be detailed in our descriptions of each offered photo class. Photo classes are more instruction-based than a photo tour. They may include on location photography, and/or they may be combined with post-processing and/or photo critiques. Photo classes are filled with creativity and passion and learning. We want our enthusiasm to be contagious and for you to learn techniques that you will bring home and practice. Our role during a photo class will be to help you find and create great images and to help you see and compose and expose in the field. We typically set aside time at the beginning of every event for instruction and assistance.

Photo Tours. Photo Tours are more about the location; about getting access to public venues, getting access to abandoned buildings, getting access to empty theaters or buildings, receiving permission to use tripods where they are not routinely allowed, and absolutely about being there at the right time. When we create photo tours we take care of the logistics and all of the little details for you, this way you can focus on creating wonderful images.

Our photo tours are for photographers who are looking to experience new places, get access to cool locations, be motivated by Tom & me, enjoy the camaraderie of being with fellow photographers, build friendships with similarly passionate people, develop their technical and creative photographic techniques, access a location during non-public hours, getting tripod access at a location, asking a location to turn off lights for light painting, etc.

In order to get the most out of a photo tour, we expect that you have a basic understanding of your camera. If you are not sure if you are prepared for one of our photo tours, email us and we can help you assess your skills. Sometimes we have a photo class before a photo tour to make sure that everyone is up to speed, for example, for some of our HDR photo tours we offer an in-studio hands-on class to make sure that your camera is set up to best capture the full dynamic range of a scene. We can also set up one-on-one instruction before a photo tour to assist participants in setting up their camera, learning best exposure practices, etc. 

We as tour leaders will be shooting alongside the participants. Having our gear in the field allows us to demonstrate different techniques, as well as lets us show instant results. However, our goal is to ensure that each participant has a great experience and returns home with images that they can be proud of, so if you have any questions, we are there for you. We can provide compositional and location guidance to make the most of your time. We want to get you into great locations at the right time to create unique and awesome photographs. While Tom takes the lead in the field, there are two of us for individualized advice and mentoring.

You can always ask us questions, but basic knowledge of camera exposure (how to change your ISO, aperture, and shutter speed) is assumed for a photo tour. Our photo tours are for photographers who are looking to experience new places, build friendships with similarly passionate people, develop their technical and creative photographic techniques, access a cool location, etc.

Tom and I often shoot during photo tours, starting after we make sure that everyone is set with the location, scene, and settings. The goal is to inspire them to learn to see an image the way we do, and you can shoot right alongside us. By shooting with you we can assess the lighting/exposure situation and offer advice, demonstrate different techniques for capturing the scene and for creating creative exposures, show you the back of our camera ("chimping" is great!). We offer unlimited advice regarding composition and help you to capture the best images that you can. We are available to answer questions, look at your histogram, or help solve a problem, but mainly we are there to provide access and compositional suggestions. Sometimes we bring props or lights and set up scenes too. We will share with you what we see, how we are assessing a scene, and provide insight into getting a good composition.

Q. Do the workshop instructors photograph during field events?

A. Yes, we do! When we do photograph along with our students, the goal is to inspire them to learn to see an image the way we do. It can be extremely valuable watching us work a scene. We photograph to inspire and motivate and demonstrate. We are always available for questions and advice. Rest assured however that we are far more concerned that our students get the shot. You can always ask us questions, but basic knowledge of camera exposure (how to change your ISO, aperture, and shutter speed) is assumed for photo tours. Our photo tours are for photographers who are looking to experience new places, get access to cool locations, be motivated by Tom & me, enjoy the camaraderie of being with fellow photographers, build friendships with similarly passionate people, develop their technical and creative photographic techniques, access a location during non-public hours, getting tripod access at a location, asking a location to turn off lights for light painting, etc.

Q: What is the refund/cancellation policy?

A: We understand that sometimes things come up that require you to cancel. Investigate travel insurance to protect your investment and trip. All sales are final. No refunds.

• Please note that all events have no refunds
• If the event is full and someone takes your place a credit will be provided towards a future event
• You may transfer your spot to someone else if you cannot attend.
• If you leave early for any reason, there is no refund/partial refund. Consider obtaining travel insurance.
• Covid exception: If you obtain a positive COVID test right before an event, please send us the dated PCR results ASAP. If possible, we may be able to transfer some of the event fee (it depends on the location and on direct costs) to a future event.
• Someone else can attend in your place if you are unable to attend, but admission will not be refunded nor can it be transferred to another event.
• By signing up for a workshop you acknowledge the possibility that a workshop may have to be canceled/rescheduled and agree not to hold us, the event organizers, or the site owners liable for any costs incurred related to changing plans.
• If a workshop has to be postponed or canceled we will do our best to let attendees know as soon as possible so travel plans can be changed. We are not responsible for reimbursement of non-refundable airline tickets, hotel reservations, etc. in the event of a cancellation. This is why we recommend purchasing travel insurance such as World Nomads for any of our events.

Tom & I rarely cancel an event. In the unlikely event that a workshop date has to be moved to a different date (postponed) due to circumstances beyond our control (inclement weather, venue changes, etc.), your spot will be transferred to the next makeup date or a future occurrence of that event. When we notify you of the new date for a postponed workshop you must let us know within 48 hours if you cannot attend the new date. As long you notify us within 48 hours of being sent the new date, then credit will be applied towards a future workshop. Notification after 48 hours or notification at the last minute that you cannot attend a rescheduled date is the same as you canceling and the cancellation policy would apply.

This policy is strict for several reasons. We limit our workshop class size and keep them small to provide the best possible learning experience to all of our participants. We rely on your attendance to make important arrangements and preparations for each event. We are relying on your fee for the event to run successfully. Refunds are also complicated since, as of September 2019, Paypal no longer offers full refunds "Paypal will retain the fixed fee portion of the fees paid by the seller." Again, you are welcome to have someone else attend in your place if you are unable to attend. 

Q: Some of your workshops are at night. I am new to night photography should I still attend?

A: Yes! Knowledge of night photography techniques is NOT required for our night workshops, you need a tripod, a cable release, and a basic knowledge of you to change your ISO, shutter speed, and aperture (night photography workshops are a wonderful learning experience, we can get you comfortable with long exposures and focusing in the dark quickly, but they are not a "Photo 101" class. Because of the nature of long exposures, night photography workshops are perfect for learning and for getting to know your fellow photographers. We are usually working as a group for these great night shoots (although we may break up into pairs later on depending upon the location).

Q: What happens in bad weather?

A: Safety is always first, so ice and lightning could have an impact on photo events, but in general our events are rain or shine. Actually, some of the best photographs happen during inclement weather. We suggest that participants bring two cheap (typically $1) rain ponchos, one for themselves and one for their camera (you can reach the left and right sides via the arms, you can place a rubberband around the body of the rain poncho and the camera lens and the hood works well over the LCD).  Most Olympus/OM cameras/lenses are weather sealed and IP53 rated. There are no refunds if the anticipated weather or other conditions beyond our control do not meet the hopes of the participants.

Q: Can we share images and/or see images that you or other attendees have taken?

A: Yes! Tom & I often upload to photographybylisaandtom.com. We also encourage sharing on our private Facebook group! Upload your event images to the specific event album on: Facebook.com/groups/lisatom.photos so you can see what other people have created at a location, etc. You can send us files via our Hightail file transfer link (email us for the link).

 

By signing up for an event, you understand and agree to our terms and conditions  herein. See more FAQ here: lisaandtomphotography.com/p/workshops.html.