THE ART OF SEEING | Terms and Conditions
General Terms
These Terms and Conditions (“Terms”) apply to all bookings for and participation in photography sessions, workshops and events provided by Alice Love, trading as The Art of Seeing (“TAOS”), ABN [number].
By completing a booking, each participant confirms that they have read, understood and accepted these Terms. Participation is voluntary.
These Terms are governed by the laws in force in Western Australia. If any part of these Terms is found to be invalid or unenforceable, it will be read down or removed only to the extent necessary. The remaining Terms will continue to apply.
Insurance
TAOS holds $5 million public liability insurance for its business operations. This insurance is not personal insurance held on behalf of participants.
TAOS does not provide travel, medical, personal accident or equipment insurance. Participants are responsible for arranging any personal insurance they consider appropriate.
Nothing in this section excludes or limits any liability that cannot lawfully be excluded or limited.
Permits
TAOS obtains any permits or permissions required for the locations used.
Assumption of Risk
Participation in outdoor photography sessions involves risks associated with natural terrain, changing weather and coastal conditions, reduced visibility, wildlife and insects, the use of photography equipment, and possible delays in accessing medical assistance.
By booking and participating, you acknowledge the risks reasonably associated with the session and voluntarily choose to participate. You are responsible for considering whether the session is suitable for you, following reasonable safety directions, and advising TAOS before the session of any injury, medical condition or access requirement relevant to safe participation.
TAOS may change the location, pause, postpone or cancel a session where conditions are considered unsafe.
Nothing in these Terms excludes, restricts or modifies any consumer right, guarantee or liability that cannot lawfully be excluded, restricted or modified.
Booking, Payment and Cancellation
Booking and Payment
Bookings are confirmed once full payment has been received.
For invoiced workshops requiring a deposit, the deposit is non-refundable except where required by law. With prior notice and approval from TAOS, the deposit may be transferred to another participant or a future workshop date.
Cancellation by a Participant
More than 28 days (4 weeks) before the scheduled date: a refund will be provided, less a 10% administration fee.
Within 15–28 days of the scheduled date: a 50% cancellation fee will apply.
Within 14 days of the scheduled date: no refund will be provided unless otherwise agreed by TAOS.
Rescheduling
Rescheduling is not permitted within 14 days of the scheduled date.
Requests made outside this period are subject to availability and approval by TAOS.
Cancellation by TAOS
TAOS may alter, reschedule or cancel a session, workshop or event due to weather, illness, safety concerns or other unforeseen circumstances.
If TAOS cancels before the scheduled start, participants will be offered either a full refund or credit towards a future booking.
If a session, workshop or event must end partway through due to weather, safety concerns or another unforeseen circumstance, no refund will be provided unless required by law.
TAOS may offer a complimentary future session or make-up date.
Code of Conduct
Participants must behave respectfully and safely towards TAOS, other participants, members of the public and the locations visited.
Harassment, discrimination, intimidation, disruptive conduct or behaviour that places anyone at risk will not be accepted.
Participants must follow reasonable directions given by TAOS, including directions relating to safety, equipment and the environment.
TAOS may remove a participant whose behaviour is disruptive, disrespectful or unsafe. No refund will be provided in these circumstances.
Equipment and Personal Responsibility
Participants must bring the camera equipment listed in the booking information, together with clothing suitable for the location and conditions.
Equipment hire may be available as an option during booking or by prior arrangement with TAOS. Hire is subject to availability and is not confirmed until agreed by TAOS.
Participants are responsible for the care and security of their own equipment and personal belongings. TAOS is not responsible for loss, theft or damage except to the extent that responsibility cannot lawfully be excluded.
Equipment hired from TAOS must be handled with reasonable care and used in accordance with any instructions provided.
A participant is responsible for the reasonable cost of repairing or replacing hired equipment that is lost or damaged through their negligence, misuse or failure to follow instructions. This does not include ordinary wear and tear, equipment faults or pre-existing damage.
Accessibility and Medical Conditions
TAOS welcomes participants with different bodies, abilities and access needs. The physical requirements of each session, workshop or event will vary according to its location and conditions.
Outdoor photography may involve walking across sand, rocks or uneven ground; standing for periods of time; carrying equipment; reduced visibility; and exposure to wind, rain, heat or cold. Relevant information about the location and expected conditions will be provided before the scheduled date.
Participants are asked to advise TAOS before the scheduled date of any access requirement, injury, medical condition or other circumstance that may affect safe participation. Only information relevant to access and safety is required; participants are not expected to disclose a diagnosis or unrelated medical information.
TAOS will discuss pacing, pauses, alternative locations and other reasonable adjustments where possible. Natural outdoor locations may create some access limitations, but participants are encouraged to ask questions and discuss what they need before or during the session.
Intellectual Property and Copyright
All intellectual property rights in materials created and provided by TAOS remain the property of Alice Love unless otherwise stated. This includes OneStory™ guides, written content, graphics, worksheets and other educational resources.
Participants may use these materials for their own personal learning.
TAOS materials may not be reproduced, published, distributed, sold, shared or used for commercial or teaching purposes without prior written permission from Alice Love.
Participants retain copyright in the photographs they take during a session, workshop or event, including photographs taken using equipment hired from TAOS.
TAOS will obtain separate permission before reproducing or using a participant’s photographs.
Photography and Media Consent
TAOS may photograph or film parts of a session, workshop or event for use on its website, social media and other promotional materials.
Participation in photography or filming is optional. Consent will be requested separately during booking, and choosing not to consent will not affect participation in the session, workshop or event.
Where consent has not been provided, TAOS will take reasonable steps to avoid creating or using identifiable photographs or recordings of that participant.
Consent may be withdrawn in writing at any time for future use. Withdrawal cannot always remove material that has already been printed, published or shared by others.
Events Beyond TAOS’s Control
TAOS may be prevented from providing a session, workshop or event by circumstances beyond its reasonable control. These may include severe weather, bushfire, natural disaster, public-health emergencies, government restrictions, road closures or the failure of essential services.
TAOS may change the location or scheduled time, reschedule or cancel the affected booking. Any refund or credit will be handled in accordance with the **Cancellation by TAOS** section of these Terms.
Nothing in this section excludes or limits any right or remedy that cannot lawfully be excluded or limited.
Minimum Participant Numbers
Some group workshops and events may require a minimum number of participants to proceed.
If the minimum number is not reached, TAOS may cancel the workshop or offer an alternative date.
Where TAOS cancels for this reason, participants may choose either a full refund or credit towards a future booking.
Travel and Accommodation
Travel, transport and accommodation are not included unless expressly stated in the booking information.
Participants are responsible for arranging and paying for their own travel and accommodation, including transport to and from the meeting location.
TAOS is not responsible for delays, cancellations, losses or additional costs arising from a participant’s travel or accommodation arrangements, except where required by law.
Weather and Environmental Conditions
Many TAOS sessions, workshops and events are held outdoors and depend upon natural conditions. Forecasts can change quickly, and TAOS cannot guarantee a particular sunset, clear sky, visible stars, the Milky Way, an aurora or any other specific photographic conditions.
TAOS will consider the available forecasts and relevant local conditions when deciding whether an outdoor session can proceed safely and whether its central photography activity can still be meaningfully delivered.
Some workshops may be offered at short notice because the forecast suggests particular conditions. These conditions may still change before or during the workshop and cannot be guaranteed.
TAOS may change the meeting location, reschedule or cancel an outdoor session because of cloud cover, rain, storms, strong winds, coastal conditions, bushfire risk, safety concerns or other environmental conditions. Participants will be notified as early as reasonably possible using the contact details provided during booking.
If TAOS cancels before the scheduled start, participants may choose either:
• a full refund; or
• transfer of the booking to another available session, workshop or event.
Participants are not required to accept an alternative date.
If conditions remain safe and the central photography activity can proceed, a change in weather, light or visibility does not provide grounds for a refund. If conditions become unsuitable after the session has begun, the booking will be handled in accordance with the **Cancellation by TAOS** section of these Terms.
An outdoor session will not be replaced with an indoor session unless that possibility was clearly included in the booking information.
Workshops advertised as being held indoors or at a community venue will proceed regardless of outdoor photographic conditions, unless the venue becomes unavailable or TAOS determines that proceeding would be unsafe or impractical.
Drone Use
Drone use is not automatically permitted during a TAOS session, workshop or event.
Participants must obtain prior written approval from TAOS.
Requests must be made before the scheduled date and include the drone’s make, model and weight, together with evidence of any CASA registration, operator accreditation, licence or flight authorisation required for the proposed operation.
TAOS may also request evidence of appropriate drone insurance before granting approval.
TAOS does not permit participant drone flights within the Margaret River townsite or at any location where drone use is restricted by airspace rules, the land manager, local authorities or the conditions of a location permit.
Participants must confirm that flying is permitted at the specific location and time using a CASA-verified drone safety app.
Drones must not be flown after dark unless the operator has provided evidence of all licences and authorisations required by CASA for night operations.
Any approval given by TAOS applies only to the agreed location, time and operation. TAOS may withdraw approval because of weather, wildlife, other aircraft, members of the public, safety concerns or changing local conditions.
The participant operating the drone remains responsible for complying with all applicable laws, permissions and safety requirements, and for any injury, damage, loss, fine or penalty resulting from their operation of the drone.
An inability to use a drone does not provide grounds for a refund unless drone photography was expressly included as a central part of the booked session, workshop or event.
Dietary Requirements and Allergies
Where food or drinks are provided, participants must advise TAOS during booking of any food allergies, intolerances or dietary requirements.
TAOS will make reasonable efforts to accommodate disclosed requirements. Food may be prepared or supplied by third parties, and a completely allergen-free environment cannot be guaranteed.
Participants must bring and remain responsible for any medication they may require, including emergency allergy medication. TAOS must be advised before the scheduled date of any information relevant to responding safely in an emergency.
Emergency Contact
Participants may be asked to provide the name and telephone number of an emergency contact during booking. Providing an emergency contact may be required for longer, remote or higher-risk sessions.
Participants must have permission to provide that person’s details. TAOS will use the information only when reasonably necessary in connection with a participant’s safety or a medical emergency.
Minors and Parental Consent
Participants under 18 must have consent from a parent or legal guardian and be accompanied by a responsible adult for the full duration of the session, workshop or event.
Privacy
Personal information collected by TAOS is used to manage bookings, communicate with participants, provide the booked service and respond to emergencies.
Information may be shared with service providers where reasonably necessary, or where required by law. TAOS does not sell participants’ personal information.
Testimonials and Feedback
Participants may be invited to provide feedback or a testimonial. Providing feedback is voluntary, and TAOS will obtain permission before using a testimonial for promotional or marketing purposes.
Concerns and Dispute Resolution
If a concern or dispute arises, participants are encouraged to contact TAOS so that both parties can try to resolve the matter directly and in good faith.
If the matter cannot be resolved, either party may pursue the rights and remedies available under the laws of Western Australia and Australia.
Participant Agreement
By completing a booking, each participant confirms that they:
• have read, understood and accepted these Terms;
• acknowledge the risks described in the **Assumption of Risk** section;
• agree to follow the Code of Conduct and all reasonable safety instructions; and
• understand that the responsibilities and limitations of liability described in these Terms apply to the extent permitted by law.
These Terms form part of the agreement between TAOS and each participant.