Terms & Conditions

1. Parties & Scope

These Terms & Conditions (“Agreement”) govern all bookings, workshops, tours, editing sessions, accommodation arrangements, travel and transfers (collectively, “Services”) supplied by Dylan Knight Photography (ABN 86 112 559 463) (“we”, “us”, “our”) to you (“Client”).

2. Acceptance & Contract Formation (Dual Evidence)

• A binding contract forms when a deposit or payment is made and you accept these Terms by tick-box, signature, or written confirmation.
• We also send a booking summary email. Replying “YES I AGREE” constitutes additional written acceptance.
• These Terms prevail over any inconsistent client terms unless we agree in writing.

3. Services, Changes & Substitutions

• We may amend itineraries, locations, schedules, accommodation or staff where necessary for safety, weather, tides, access, permits, or operational reasons.
• Amendments are not a fundamental breach and do not entitle a full refund unless the entire event is cancelled.
• All advertised outcomes (e.g., astro visibility) are representative only and depend on conditions outside our control.

4. Client Responsibilities, Fitness & Assumption of Risk

• You must follow all safety directions, park/council rules, permit conditions and lawful instructions at all times.
• Medical & Fitness Declaration: You warrant you are physically and mentally fit for outdoor, coastal and night activities and have no condition that makes participation unsafe.
• Participation is voluntary and at your own risk. Hazards include uneven terrain, cliffs, swell, tides, weather, darkness, wildlife, road travel and equipment failure.
• You must carry appropriate clothing, footwear, lighting and water; and disclose relevant medical issues to us in advance.

5. Payments, Deposits, Due Dates & Cancellations

• A non-refundable deposit (typically A$450 or 20–50%) secures your place. The balance is due 30–60 days before the start date (as stated on your invoice/checkout).
• If the balance is not received by the due date, we may cancel your booking and retain the deposit.
• Cancellation by Client:
  • > 60 days: deposit forfeited; a credit may be offered less A$150 admin fee at our discretion.
  • 30–60 days: 50% of total fee forfeited.
  • < 30 days: no refund or credit.
• Chargebacks: Any chargeback, dispute or reversal is treated as a Client-initiated cancellation and subject to the above forfeiture terms.
• Cancellation by Us: If we cancel due to safety, insufficient bookings, force majeure or permit/access issues, we will offer a new date, equivalent credit, or a refund limited to amounts paid. We are not liable for your ancillary costs (flights, accommodation, car hire, insurance).

6. Weather, Astro Conditions & Schedule

Workshops proceed in most weather. Cloud, rain, poor visibility, light pollution, moon phase, or lack of astro visibility do not constitute grounds for refund or credit. We may adjust times/locations to maximise safety and learning outcomes.

7. Third-Party Suppliers (Agent Only)

Accommodation, transport, catering and other components may be supplied by independent third parties. We act only as agent where we arrange or recommend them. They are responsible for their own acts, omissions or defaults; we are not liable for their performance. Your rights against a third party are against that supplier.

8. Insurance & Travel Arrangements

• You must arrange comprehensive insurance covering medical, evacuation, cancellation, delay and equipment.
• Unless expressly included, we are not responsible for flights, visas, baggage, or independent travel legs.

9. Liability, Indemnity & Limitation (ACL-Compliant)

• To the maximum extent permitted by Australian law, we exclude liability for loss, injury, damage, delay or expense arising from participation, weather, terrain, wildlife, transport, third parties, access or permits.
• Our total aggregate liability arising out of or in connection with the Services is capped at the amount you paid for the specific booking.
• You indemnify us (including our staff and contractors) against claims, losses, and costs (including legal costs) arising from your negligence, breach of these Terms, or failure to follow instructions or law.
• Nothing in these Terms excludes non-excludable rights under the Australian Consumer Law. Where liability cannot be excluded, it is limited to resupplying the Services or paying the cost of resupply.

10. Force Majeure & Regulatory Events

We are not liable for delay, variation or failure caused by events beyond our control including severe weather, natural disaster, disease, government orders, park/council or QPWS permit withdrawal, closures, strikes, war or civil unrest. We may reschedule, substitute, credit, or refund at our discretion (limited to amounts paid).

11. Intellectual Property & Use of Images

• All workshop materials, videos and content remain our intellectual property. No reproduction without permission.
• You grant us a perpetual, royalty-free licence to use photographs/video including your likeness for marketing and educational purposes unless you opt out in writing before the event.

12. Privacy & Data Security

• We collect and handle personal information under the Australian Privacy Principles. See our Privacy Policy on our website.
• We use reasonable security measures but are not liable for unauthorised access, cyber incidents or data loss beyond our control.

13. Notices & Communications

Email correspondence constitutes written notice. Notices to us: info@dylanknight.com.au. Notices are deemed received on acknowledgement by email or three days after posting.

14. Dispute Resolution & Governing Law

Before litigation, the parties will attempt good-faith resolution, then mediation on the Sunshine Coast, QLD. This Agreement is governed by the laws of Queensland, Australia. The parties submit to the exclusive jurisdiction of the courts of Queensland.

15. Variation, Severability & Entire Agreement

We may update these Terms; the version in force at booking applies. If any clause is invalid, the remainder continues. This Agreement (with your booking confirmation/invoice) is the entire agreement.

Appendix A — Participant Risk Acknowledgement & Release (to be e-signed)

This standalone waiver is required in addition to accepting the Terms & Conditions.

1. Acknowledgement of Risks: I understand outdoor, coastal and night photography involves hazards (terrain, cliffs, swell, tides, weather, wildlife, darkness, road travel, equipment failure).
2. Medical & Fitness: I am physically and mentally fit to participate; I have disclosed relevant conditions; I will carry necessary medication/equipment.
3. Instructions: I will follow all safety directions, park/council rules and permit conditions.
4. Assumption of Risk: I voluntarily assume all risks associated with participation.
5. Release & Indemnity: To the maximum extent permitted by law, I release and indemnify Dylan Knight Photography, its staff and contractors from claims arising from my participation, except to the extent caused by their negligent act or a liability that cannot be excluded under the Australian Consumer Law.
6. Insurance: I will maintain appropriate insurance (medical, evacuation, cancellation, equipment).
7. Media Consent: I consent to reasonable use of images featuring me for marketing/education unless I opt out in writing before the event.
8. Jurisdiction & National Applicability: This waiver is governed by the laws of Queensland and applies throughout all Australian states and territories in which the workshop or associated travel occurs. The parties submit to the exclusive jurisdiction of the courts of Queensland.

Name: __________________ Signature: __________________ Date: ____ / ____ / ______