Effective Date: April 1, 2023

1. Introduction

These Terms of Service (“Terms”) govern the relationship between you (“Client” or “you”) and Dakota Group, LLC (“Company”, “we”, “us”, or “our”). By booking a workshop, charter, or any other services offered by Dakota Group, you agree to be bound by these Terms. Please read them carefully before booking.

2. Services Offered

We provide photography workshops, charters, and related services as described on our website or in our promotional materials. We reserve the right to change, suspend, or discontinue any aspect of our services at any time, without prior notice.

3. Booking and Payment

3.1. To reserve a spot in a workshop or charter, you must complete the booking process on our website. Your booking will be confirmed upon receipt of the required deposit or full payment, as applicable.

3.2. Full payment for the workshop or charter must be received by the due date specified in your booking confirmation. If payment is not received by the due date, we reserve the right to cancel your booking and retain the deposit as a cancellation fee.

3.3. We accept payment via credit card, bank transfer, or other methods specified during the booking process.

4. Cancellations and Refunds

4.1. Customer Cancellations

You must notify us in writing if you wish to cancel your booking. The following cancellation fees will apply:

a) Cancellation more than 30 days before the workshop or charter start date: Full refund minus a $75 administration fee and any credit card processing fees.
b) Cancellation within 30 days of the start date: No refund.
c) All bookings are non-refundable after the workshop go/no go date. This date can be found on the event page for each charter or workshop.

4.2. Event Cancellations by Dakota Group

We reserve the right to cancel any workshop or charter due to insufficient enrollment, unforeseen circumstances, or other reasons beyond our control.

In such cases, we will notify you as soon as possible and refund all payments received from you minus any credit card processing fees.

We are not responsible for any additional costs or losses incurred due to the cancellation, such as travel or accommodation expenses.

4.3. Refunds

In the event of a customer cancellation, refunds will be issued according to the terms specified in Section 4.1. In the event of event cancellation by Dakota Group, refunds will be issued according to the terms specified in Section 4.2. Refunds will be processed using the same payment method used for the original transaction, unless otherwise agreed upon between you and Dakota Group.

5. Weather Conditions

Dakota Group’s workshops and charters are subject to weather conditions. While we strive to provide the best possible experience, we cannot guarantee specific weather conditions or predict changes in the weather.

We reserve the right to modify, postpone, or cancel workshops or charters due to unfavorable or unsafe weather conditions. In the event of a cancellation or significant alteration to the itinerary due to weather conditions, we will make every effort to offer an alternative solution or reschedule the event. No refunds will be provided for changes or cancellations due to weather conditions, except as specified in Section 4.2.

6. Health and Physical Fitness

By booking a workshop or charter with Dakota Group, you represent and warrant that you are in good health and have no medical conditions, disabilities, or restrictions that would prevent you from safely participating in the event. You acknowledge that certain activities during the workshop or charter may involve physical exertion, and you are responsible for determining your own ability to participate.

Dakota Group is not responsible for any injuries, illnesses, or medical emergencies that may occur during our workshops or charters. In the event of a medical emergency, we will assist in obtaining appropriate medical care, but you are responsible for all costs associated with such care, including transportation, medical services, and medication.

7. Liability and Insurance

7.1. We take reasonable care in the provision of our services. However, we are not responsible for any injuries, damages, or losses sustained during our workshops or charters. You participate in our workshops and charters at your own risk.

7.2. We recommend that you obtain personal travel insurance to cover any potential risks, including but not limited to medical expenses, lost luggage, trip cancellation, or interruption, and other unforeseen events.

8. Right to Refuse Service

8.1 Dakota Group reserves the right to refuse service to any participant at our sole discretion. We may refuse service or remove a participant from a workshop or charter for reasons including, but not limited to:

a) Failure to comply with these Terms of Service.
b) Engaging in behavior that is disruptive, dangerous, or detrimental to the safety, well-being, or enjoyment of other participants or staff.
c) Providing false or misleading information during the booking process or failing to disclose any relevant medical conditions, disabilities, or restrictions that may affect the participant’s ability to safely participate in the workshop or charter.
d) Inability to meet the required health and physical fitness standards for the workshop or charter.

8.2. If a participant is removed from a workshop or charter due to any of the reasons stated above, no refunds will be provided, and the participant will be responsible for any additional costs incurred as a result of their removal, including transportation and accommodations.

8.3. Our decision to refuse service or remove a participant from a workshop or charter is final, and we will not be held liable for any damages, losses, or expenses arising from such decision.

9. Release of Photo and Video Rights

9.1. During our workshops and charters, Dakota Group or its representatives may take photographs or videos of participants and the events for promotional, educational, or informational purposes. By agreeing to these Terms of Service, you grant Dakota Group the irrevocable right and permission to use, reproduce, distribute, display, and create derivative works of any photographs or videos taken during the workshop or charter that include your likeness, image, or voice, without compensation, notification, or further approval.

9.2. You hereby waive any right to inspect or approve the use of your likeness, image, or voice in such photographs or videos, and you release Dakota Group, its owners, employees, agents, and representatives from any and all liability, claims, or damages arising from the use of your likeness, image, or voice in such photographs or videos.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Saint Louis County, Missouri, United States.

Any disputes arising from or in connection with these Terms shall be resolved through amicable negotiations. If the parties cannot reach an agreement within thirty (30) days from the date on which the dispute was first raised by either party, the dispute shall be submitted to binding arbitration.

By agreeing to these Terms, you and Dakota Group mutually waive the right to a trial by jury or to participate in a class action. Instead, all disputes shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its applicable rules and procedures.

The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Each party shall bear its own costs and expenses in connection with the arbitration, and the parties shall share equally the fees and expenses of the arbitrator, unless the arbitrator decides otherwise in the final award.

11. Amendments

We reserve the right to modify or update these Terms at any time. Any changes will be posted on our website, and your continued use of our services after the effective date of the changes constitutes your acceptance of the revised Terms.

12. General Release of Liability and Express Assumption of Risk

12.1. In consideration of being permitted to participate in any photography workshop, charter, or any other activity provided by Dakota Group, you, on behalf of yourself and your personal representatives, heirs, and next of kin, agree to

a) Assume all risks and responsibility for any and all injuries, damages, or losses that you may sustain or incur, whether caused by the negligence of Dakota Group or otherwise, arising from your participation in our workshops, charters, or any other activities provided by us.

b) Fully and forever release, waive, and discharge Dakota Group, its owners, employees, agents, and representatives from any and all liability, claims, demands, actions, and causes of action whatsoever, for any loss, damage, or injury, including death, that may be sustained by you or to any property belonging to you, whether caused by the negligence of Dakota Group or otherwise, while participating in our workshops, charters, or any other activities provided by us.

12.2. By agreeing to these Terms, you expressly acknowledge and agree that:

a) The workshops, charters, and other activities provided by Dakota Group may involve inherent risks, dangers, and hazards, including but not limited to accidents, personal injury, illness, property damage, equipment failure, and adverse weather conditions.

b) You are aware of and fully understand the risks involved in participating in our workshops, charters, and other activities, and you voluntarily and willingly assume all such risks, known and unknown, even if arising from the negligence of Dakota Group or others, and assume full responsibility for your participation.

c) You have carefully read this General Release of Liability and Express Assumption of Risk, fully understand its terms, and agree to it freely and voluntarily without any inducement, coercion, or duress.

12.3. If any provision of this General Release of Liability and Express Assumption of Risk is found to be unenforceable or invalid, that provision shall be severed from this agreement, and the remaining provisions shall continue in full force and effect.

13. Limitation of Liability and Damages

To the fullest extent permitted by law, Dakota Group’s total liability for any claim, loss, damage, or injury arising out of or in connection with these Terms, our services, workshops, charters, or any other activities provided by us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total fee paid by you for the workshop or charter.

In no event shall Dakota Group be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or other intangible losses, even if we have been advised of the possibility of such damages.