Terms of Service
Welcome to www.3peaksphoto.com (“Website”), owned and operated by 3 Peaks Photography & Design (“Company”). These Terms of Service (“Agreement”) govern your use of the services and products provided by the Company, including but not limited to classes, workshops, and photo tours (“Services”). Please read this Agreement carefully before using the Services. By accessing or using the Services, you agree to be bound by this Agreement.
Terms of Service Policy
- Payment and Refunds By signing up for a class, workshop, or photo tour, you agree to pay the full amount for the Services upfront. All fees for the Services are non-refundable. In the event of unforeseen circumstances, the Company may, at its discretion, offer a credit for future services.
- Health and Safety You acknowledge that the Services may involve physical activity, including hiking, and staying up late into the night. You agree that it is your responsibility to ensure that you are physically able to participate in the Services. It is recommended that you consult with your physician before participating in the Services.
- Acknowledgement of Questionnaire for Workshops If you have chosen a workshop, you agree to print, sign and acknowledge the Questionnaire for Workshops before the workshop. The Questionnaire for Workshops will be provided to you by the Company.
- Intellectual Property The Services and all content included in or made available through the Services, including but not limited to text, graphics, logos, images, and software, are the property of the Company or its content suppliers and protected by United States and international copyright laws.
- Limitation of Liability The Company shall not be liable for any indirect, special, incidental, punitive, or consequential damages arising out of or in connection with the Services or this Agreement, including, but not limited to, loss of profits, loss of business, or loss of data.
- Disclaimer of Warranties The Services are provided on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included in or made available through the Services.
- Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the State of Colorado.
- Entire Agreement This Agreement constitutes the entire agreement between you and the Company with respect to the Services and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company.
- Modifications to the Agreement The Company reserves the right to modify this Agreement at any time, without prior notice, by posting a revised version of the Agreement on the Website. Your continued use of the Services after any such changes have been made shall constitute your acceptance of the modified Agreement.
- Termination The Company reserves the right to terminate your access to the Services at any time, without prior notice, for any reason.
- Indemnification You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or in connection with your use of the Services or any breach of this Agreement.
- Third-party content: The Website may include links to third-party websites, products, or services. 3 Peaks Photography & Design does not endorse, control, or monitor these third-party websites and shall not be responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.
- Intellectual property: The content and materials on the Website, including but not limited to photographs, images, graphics, designs, text, logos, and trademarks, are owned or licensed by 3 Peaks Photography & Design and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, transmit, display, or create derivative works of any content or materials on the Website without the prior written consent of 3 Peaks Photography & Design.
- Disclaimer of warranties: The Website and its content and materials are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Limitation of liability: To the fullest extent permitted by law, 3 Peaks Photography & Design shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use or inability to use the Website or its content and materials.
- Indemnification: You agree to indemnify and hold harmless 3 Peaks Photography & Design and its affiliates, officers, agents, employees, and partners from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website or its content and materials, your violation of these Terms and Conditions, or your violation of any rights of another.
- Governing law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Colorado, without giving effect to any principles of conflicts of law.
- Dispute resolution: Any dispute arising out of or in connection with these Terms and Conditions or your use of the Website shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- Modification: 3 Peaks Photography & Design reserves the right to modify these Terms and Conditions at any time without prior notice. Your continued use of the Website after any such modifications shall constitute your acceptance of these Terms and Conditions as modified.
- Entire agreement: These Terms and Conditions constitute the entire agreement between you and 3 Peaks Photography & Design with respect to the use of the Website and its content and materials and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and 3 Peaks Photography & Design.
Thank you for considering these terms and conditions. If you have any questions or concerns, please do not hesitate to contact us at