Terms & Conditions
These are the Terms and Conditions that will apply to your booking one of our retreats. Please read them carefully as you will be bound by them.
These Terms shall constitute the entire agreement between Creative Space Retreats, a brand of Through Movement Photography, and the Client relating to the subject matter herein, and shall constitute a binding agreement. There is no verbal or written; representation, warranty, prior agreement, or description of services, other than as expressed herein.
The contract and booking is made with, and services will be provided by Creative Spaces Retreats. By booking a retreat, you agree to be bound by these Terms and Conditions that govern the relationship, the cancellation policy and limitations of liability. These Terms and Conditions affect your rights and designate the governing law and forum for the resolution of any and all disputes.
Definitions
The terms “Creative Spaces”, “Creative Spaces Retreats”, “Photographer,” “photography team,” “us,” “we,” and “our” refer to Through Movement Photography and all agents, employees, affiliated independent contractors, or other representatives.
The terms “Client”, “you” and “your” refer to The Booking Client (booking client, paying client) and all agents, employees, or other representatives.
The term “including” means “including, but not limited to.”
The terms ``retreat,”, “event”, and “photography event” refers to a hired retreat event for the purposes of a client's leisure & recreational activities.
The terms “agreement” and “contract” refer to this duly executed contractual obligation between parties.
BOOKING TRIPS & THE CONTRACT
All persons wishing to make a booking have carefully read and understand the Terms and Conditions that follow. By making a booking with Creative Spaces Retreats, you accept on behalf of yourself and all those named on the booking, to be bound by these Terms and Conditions. A booking is accepted and becomes definite only from the date when Creative Spaces Retreats sends a confirmation email, and when you have completed the deposit payment.
A Creative Spaces team member will contact you within 48 hours, regarding your completed registration to confirm your participation in your selected retreat. Confirmation of your participation does not necessarily mean that your trip is confirmed to run. Creative Spaces Retreats asks that you refrain from purchasing non-refundable travel until you receive an email confirmation from the Creative Spaces Retreat staff. In order for our retreats to take place we require a minimum of 11 participants.
DEPOSITS
For all advertised retreats and dates, a non-refundable retainer per person plus submission of our online booking form is required to complete your booking.
You may book a retreat with a retainer 60 days prior to the retreat start date, after which full payment is required to secure your spot (if any are still available).
The remaining balance of your retreat payment is due 30 days before the retreat begins. We will notify you of the balance due date after your deposit has been processed.
If the final balance is not received by the due date, then your booking cannot be guaranteed and Creative Spaces reserves the right to cancel your booking and forfeit your retainer.
*Please note retainers made on all bookings are non-refundable and non-creditable due to the requirement to purchase non-refundable and non-transferable essentials including but not limited to; accommodation reservations etc on your behalf to secure your spot on the retreat.
Retainer payments can be transferred to another retreat taking place within one calendar year, if you notify us 90 days or more before the retreat start date.
Retainers are paid via use-session website
We DO NOT keep your credit card on file. When we send over an invoice, you must re-enter your credit card information.
REFUND / CANCELLATION
We understand that unexpected events can arise that can affect your plans.
If you cancel more than 45 days before the retreat start date, you may request a partial refund (less a cancellation fee equal to the deposit).
All retreat payments become non-refundable less than 45 days before the retreat start date.
BALANCE TRANSFER
Full and partial retreat payments can be transferred to another retreat taking place within one calendar year, if you notify us 90 days or more before the retreat start date.
There is a $100 deposit transfer fee associated with making this change, but avoids incurring the cancellation fee.
You may also transfer the balance to a friend if you let us know 90 days or more in advance.
You may only transfer your retreat deposit one time.
PRICING
All retreat prices shown are per person and are quoted and payable in USD.
Creative Spaces Retreats is not responsible for any fees incurred due to currency exchange or fees charged by your credit card/bank for processing funds in another currency.
Creative Spaces Retreats reserves the right to alter the prices of any of the travel arrangements shown on our website. You will be advised of the current price of the travel arrangement you wish to book before your contract is confirmed.
Unless stated otherwise, the price of your travel arrangement includes each and all of the component parts described within your booking confirmation invoice.
Not included in the price of your travel arrangement are flights, transport, travel insurance, excess baggage charges, tipping and any food or drink or additional excursions or activities which are not confirmed as being part of your retreat arrangements. Additionally, any items or services purchased during a retreat are not included in the cost of your travel arrangement unless specifically stated.
MEDICAL CONDITIONS & SPECIAL REQUIREMENTS
The Client must inform Creative Spaces Retreats on our registration form of any medical conditions, pregnancy, disability or any other mental and or physical condition which may affect fitness to travel, including medications you are currently taking. Failure to notify us may result in the Client being refused certain activities during the retreat at the Client’s own expense. Creative Spaces Retreats are inclusive, if aid is required for medical care, aid must be provided by client, it is the client’s responsibility to make accommodations for their travel & stay at Creative Spaces Retreats.
It is absolutely vital that you are accurate with your fitness level and medical conditions for your own safety.
Creative Spaces Retreats will do its best to meet special requests including dietary or physical limitations but such requests may not always be possible depending on the retreat, in which case Creative Spaces Retreats reserves the right to refuse Clients with certain conditions.
Creative Spaces Retreats will do its best to meet Client’s special requests including dietary, but such requests do not form part of the Contract and therefore Creative Spaces Retreats is not liable for not providing these requests.
As a client, you MUST carry medical insurance.Creative Spaces Retreats will do its absolute best to bring you to a proper medical facility as needed, but makes no representations and gives no warranties in relation to the standard of such treatment.
FINAL PAYMENTS
For all retreats, the payment of the FINAL balance of the retreat price is due 40 days prior to the retreat start date in the currency advertised.
If a booking is made within less than 30 days, your retainer including full payment will be required at your initial sign up. We DO NOT accept sign-ups less than 7 days prior to the retreat start date.
We break down payments into 2 for most retreats.
If the final balance is not received by the due date and there is no concise reason as to why, Creative Spaces reserves the right to treat the Client’s booking as canceled.
Please ensure Creative Spaces is on your contact list so our emails don’t go to your junk folder!
CANCELLATION OF A RETREAT BY THE CLIENT
Any cancellation by a Client must be made in writing (via email) and be acknowledged by Creative Spaces in writing (via email).
Under no circumstances is your retainer refundable. Retainers are required to secure bookings.
If you cancel and you have made additional payments to your retainer, your full balance can be rolled over to another date of your same trip within one calendar year.
Fees apart from the retainer can be refunded in special circumstances including:
Serious injury or illness of the client
Serious injury or illness of close family member
In the case of a natural disaster, Creative Spaces applies to the “act of god” rule and no fees will be reversed.
CANCELLATION OF A RETREAT BY CREATIVE SPACES RETREATS
Creative Spaces reserves the right to cancel any retreat for any reason, but will not cancel a retreat less than 30 days before the retreat start date except for unusual or unforeseen circumstances outside Creative Spaces Retreat’s control. When a retreat is canceled by Creative Spaces before the agreed date of departure for any reason other than the fault of the Client, the Client can either:
Transfer their retainer to another retreat taking place within one calendar year, or:
Receive a full refund of all monies paid under the contract as soon as possible.
Creative Spaces Retreats is not responsible for any incidental expenses or consequential losses that the Client may have incurred as a result of the booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. If the Client is offered a refund but requests an alternate retreat of a higher value than that originally booked, then the Client must pay the difference in price. Where after departure a significant element of the trip contracted for cannot be provided, Creative Spaces Retreats will make suitable alternative arrangements for the continuation of the trip. If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, Creative Spaces Retreats will provide the Client a refund of unused retreat portions. Where a significant alteration or cancellation occurs due to other circumstances beyond the Creative Spaces control, Creative Spaces Retreats will in no circumstances offer compensation due to overhead costs required to run a retreat. Significant alterations do not include the substitution of a transportation method, modification of itineraries, change in hotel accommodation or meal offering.
EVACUATION PROCEDURES AND COSTS
Creative Spaces Retreat Leaders, local guides or other representatives' decisions will at all times be final on all matters likely to affect the safety and well-being of the trip. We reserve the right to prohibit any traveler from continuing on a trip with no right of refund if, in our opinion, that traveler’s actions pose a threat to the safety of others, to the wildlife, themselves, or if the traveler’s actions and/or behaviors are harming the enjoyment of the trip for others.
Evacuation costs are to be covered by the person being evacuated.
CLAIMS & COMPLAINTS
If a Client has a complaint against Creative Spaces, the Client must first inform the Retreat Leader or guide at the earliest opportunity to allow the grievance to be rectified. If satisfaction is not reached, contact the Creative Spaces Chief of Operations whilst on retreat so that Creative Spaces is provided the opportunity to rectify the matter. Failure to indicate dissatisfaction whilst on retreat will result in the Client’s ability to claim compensation from Creative Spaces Retreats being extinguished or at least reduced. If satisfaction is still not reached through these means of the retreat then any further complaint must be put in writing to Creative Spaces within 30 days of the end of the trip.
CLIENT RESPONSIBILITY
The Client acknowledges he or she may be visiting places where the political, cultural and geographical attributes present certain risks, dangers and physical challenges greater than those present in their daily life. By booking travel with Creative Spaces, the Client acknowledges they have considered the potential risks, dangers and challenges, and expressly assumes the risks attendant to such travel conditions. The Client is solely responsible for acquainting themselves with customs, weather conditions, physical challenges, and laws in effect at each stop along the itinerary, and is encouraged to locate or make contact prior to embarkation with their local embassy or consulate at the trip destination.
SAFETY & TRIP ENJOYMENT
We take your safety and well-being very seriously, which is why we partner with trained professionals for all of our retreats. However, you are ultimately responsible for your safety, which is why we ask all retreat participants to sign a liability waiver before departure. To avoid possibly dangerous situations, it is extremely important that you obey any rules and regulations imposed by the Creative Spaces Retreat Leaders and/or Local Guides and instructions given by them.
Creative Spaces reserves the right to prohibit any Client from continuing on a trip with no right of refund if, in our opinion, that Client’s actions pose a threat to the safety of them, others, or to the wildlife, or if that Client’s actions or behaviors are seriously jeopardizing the enjoyment of the trip for others. The decision of the Creative Spaces Retreat Leader or representative will at all times be final on all matters likely to affect the safety and well-being of the trip. All Clients must, at all times, strictly comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and Creative Spaces will not accept responsibility or liability for any Client who contravenes any laws or other regulations of any country visited.
HEALTH & FITNESS
Most Creative Spaces trips should not be overly strenuous for people who are healthy and reasonably fit. If you (or anyone on whose behalf you are booking) are affected by any condition, medical or otherwise, that might affect your or other people’s enjoyment of the trip, you must advise us of this at the time of booking. If your health or fitness changes between the time of booking and your trip departure date, you must notify the Creative Spaces office of these changes before the retreat starts.
PHOTOS, VIDEO AND CONTENT CREATION
In the course of participation in a Creative Spaces retreat, photos or video may be taken by participants, guides and professional photographers. These images may be used in any Creative Spaces promotional materials, website, all social media platforms (i.e. Instagram), etc., unless Clients specifically request to the photographer or in writing to Creative Spaces, to not use any material your image is depicted in. Otherwise, permission is granted to Creative Spaces to perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.
RETREAT ITINERARY CHANGES
Creative Spaces and its partners reserve the right to alter retreat programs and itineraries due to weather, road conditions or other circumstances. These programs may be changed or canceled at any moment due the trip to assure the safety of our clients and staff. No responsibility is accepted for losses, expenses due to delays, changes of flights or other services because of strikes, accidents, sickness, damage, negligence, weather, war, changes in schedules or other similar causes. Creative Spaces and its partners do not assume responsibility for accidents or deaths that can be traced to the participants’ negligence, acts of third parties or exterior circumstances such as weather, natural occurrences, ware or other similar causes.
DATA PROTECTION
To ensure that retreats run smoothly, Creative Spaces need to use personal information (such as name, address, special needs, health conditions, dietary requirements etc.) provided by Clients to Creative Spaces, and also pass on such information to other outfitters/guides or suppliers involved in the operation of the retreat. Creative Spaces will apply appropriate security measures to protect such personal data and will only pass on data that is applicable to outfitters or suppliers responsible for the retreat. By completing the Creative Spaces Retreat Booking Form, Clients consent to this information being transferred as required.
LIABILITY
Creative Spaces is not responsible for any improper or non-performance of any services forming part of the Contract which are wholly attributable to the fault of the Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services to be provided under the Contract; unusual and unforeseeable circumstances beyond the control of Creative Spaces and/or the relevant supplier, the consequences of which could not have been avoided even if all due care had been exercised including (but not limited to) an event of force majeure; or any event which Creative Spaces and/or the relevant supplier could not even with all due care have foreseen or forestalled.
In the event that Creative Spaces is responsible for any death, injury or illness caused by the negligent acts and/or omissions of its suppliers of services which form part of the Contract then Creative Spaces limits its liability.
ACCEPTANCE OF RISK
The Client acknowledges that the nature of the retreat is adventurous and may involve a significant amount of personal risk. The Client hereby assumes all such risk and does hereby release Creative Spaces from all claims and causes of action arising from any damages or injuries or death resulting from these inherent risks. At the time of payment, the Client is required to sign Creative Spaces Retreat’s RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT. Please read carefully.
SEVERABILITY
In the event that any term or condition contained herein is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining Terms and Conditions to survive and continue as binding.
SUCCESSORS & ASSIGNS
These Terms and Conditions shall insure to the benefit of and be binding upon Creative Spaces and the Client and their respective heirs, legal personal representatives, successors and assigns.
WAIVER OF BOOKING CONDITIONS
These Booking Terms and Conditions may only be waived or amended by written mutual consent. When a Client completes, submits and makes the payment for booking their place for a retreat, they agree to accept all these conditions, and when the booking is accepted, Creative Spaces agrees to carry out the obligations as defined therein.
UPDATING OF TERMS & CONDITIONS
Creative Spaces reserves the right to update and/or alter these terms and conditions at any time, and it is the Client’s responsibility to be familiar with them. The latest terms and conditions may be found on Creative Spaces Retreat’s website.
If you have any questions or concerns
please email us at admin@creativespacesretreat.info