JENNIFER KING PHOTOGRAPHIC WORKSHOPS

TERMS AND CONDITIONS OF SALES

1. ARBITRATION AND JURISDICTION:

(a) Any controversy arising out of or relating to sales, performance, returns and/or adjustments of Jennifer King Photographic Workshops (hereafter referred to as “JKPW”) services or products or any other matter relating to such issues and/or this website (hereafter the “Dispute”) shall be settled by binding arbitration in the City of Winston-Salem, North Carolina, USA in accordance with the Uniform Arbitration Act of North Carolina. If litigation arises, Buyer agrees that the proper venue for such litigation will be Guilford County, North Carolina, or if in the federal court, in the United States District Court for the Middle District of North Carolina. The parties consent to the application of the North Carolina law and to the jurisdiction of the Courts of North Carolina, or the United States District Court for the Middle District of North Carolina, for all purposes in connection with any Dispute. Any Court having jurisdiction thereof may enter judgment upon the award rendered. The parties further consent that any process or notice of motion or other application to any of said Courts may be served inside or outside the State of North Carolina, by registered or certified mail return receipt requested, or by personal service, provided a reasonable time for appearance is allowed, or in such other manner as may be permissible under the Rules of said Courts.

(b) The arbitrators or courts may include in their award to the party prevailing substantially, in the arbitrator’s or presiding judge’s discretion (in addition to all other damages) an award of reasonable attorneys’ fees and reimbursement for other fees and costs in connection with all proceedings. Buyer shall not be entitled to punitive damages of any kind or nature from either the arbitrators or courts, and Buyer does hereby specifically waive any and all rights at either law or equity it may have to punitive damages.

(c) JKPW shall have all rights to provisional remedies that it would have at law or equity, notwithstanding the existence of these Terms and Conditions.

(d) Buyer shall not be entitled to join, implead or intervene other parties or assert other disputes with JKPW by offset, defense or counterclaim or by consolidation of proceedings or otherwise with any arbitration proceeding hereunder.

(e) Any claims arising under this contract which Buyer may validly assert against JKPW’s agent shall be asserted against JKPW in the arbitration proceeding provided for herein, and Buyer waives any right to institute a separate action at law against JKPW’s agent.

(f) Any claim by Buyer of any kind, nature or description is barred and waived unless Buyer institutes arbitration proceedings within one (1) year after the claimed breach occurs. The failure to institute arbitration proceedings within this one year period shall constitute an absolute bar to the institution of any arbitration or other proceedings by Buyer and a waiver of all claims on Buyer’s part.

2. PAYMENT. Purchases of goods (all prints, eBooks, print books and any other items) from this website must be paid for, in full, when placing the order. Deposits and all other payments required for workshops are specified in the respective workshop page of this website. Payment of all amounts due under invoices shall be made in United States dollars, unless otherwise agreed by JKPW. No discount may be taken except as allowed in writing by the JKPW. All amounts past due will be subject to a delinquency charge of twelve percent (12%) per annum, but in no event shall said charge exceed the maximum rate allowed by law.

3. CREDIT. All sales of JKPW goods (referenced above) and services (workshops and all related activities) are final and not returnable for any reason, unless so indicated. All sales are made on a prepaid basis only. No sales are made on credit of any kind.

4. JKPW’S REMEDIES: All rights and remedies of JKPW in all services and sales of its products shall be in addition to all other rights and remedies of JKPW under North Carolina law and the Uniform Commercial Code, as well as other applicable law, all of which rights and remedies shall be nonexclusive and cumulative and may be exercised or asserted, as JKPW shall elect.

5. DELIVERIES:

(a) Shipment or tender of delivery of goods prior to receipt of written cancellation by Buyer shall constitute good delivery.

(b) The acceptance of shipment by the US Postal Service, United Parcel Service, Federal Express or other delivery service, shall constitute tender of delivery and performance by JKPW. Thereupon, title shall pass to Buyer subject to (i) JKPW’s rights under Article 2 of the Uniform Commercial Code, including but not limited to the rights to withhold or refuse delivery, stop in transit and/or reclaim; and (ii) JKPW’s security interest in property in the possession, custody or control of JKPW. With respect to products for which payment is required on or before delivery or tender, title passes upon receipt of full payment.

(d) In the event that a product is out of stock (on back order), shipment in installments shall be accepted by Buyer. Reasonable delay in delivering purchases shall not constitute a breach of contract for Buyer order(s). Any defect in quality or delay in fulfilling part of the purchased products of an order by JKPW shall not affect the balance of the order. There shall be no right of offset, defense or counterclaim, regardless of controversies relating to other products ordered.

(e) JKPW shall not be liable if any aspect of its performance is delayed or prevented due to casualty, accident, labor disturbance, embargo, lack of shipping facilities, delay or inability to obtain supplies, labor, raw materials or energy through JKPW’s usual and regular sources, as well as fires, floods, war, pandemic, governmental requests, requirements or regulations, Act of God or any cause or circumstance whatsoever (whether like or unlike the foregoing) beyond JKPW’s control. In such event, JKPW may, in its discretion: (i) extend JKPW’s time for performance for a time which is reasonable under all of the circumstances; (ii) cancel all or any portion of an order with Buyer; or (iii) apportion JKPW’s available supply among its customers in any reasonable manner. Buyer shall not be entitled to damages for late delivery or nonperformance.

6. EXCLUSION OF WARRANTIES:

(a) BUYER AGREES THAT THERE IS NO WARRANTY BY JKPW, IN FACT OR IN LAW, THAT THE GOODS OR SERVICES ARE SUITABLE FOR ANY PARTICULAR USE OR PURPOSE AND AGREES THAT THE SUITABILITY OF SUCH GOODS OR SERVICE FOR ANY USE IS THE SOLE RESPONSIBILITY OF THE BUYER.

(b) JKPW MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, AS TO KNOWLEDGE OBTAINED BY ATTENDEES OR PROFICIENCY IN PHOTOGRAPHY OR ANY ACTIVITY, AFTER ATTENDING A WORSKSHOP.

7. CLAIMS:

(a) The limit of JKPW’s liability for defective product shall be replacement of the product with the same or a similar product, which may be slightly different, if the purchased product is unavailable. In no event shall Buyer be entitled to claim or receive any consequential, indirect and/or special damages of any nature, and in no instance may damages include loss of profit on contemplated use or profit of any description.

(b) Notwithstanding any contrary provision in any purchase order or other document of Buyer, JKPW, including its agents, representatives or otherwise, shall not and does not accept, assume or undertake any responsibility or liability to indemnify, defend, save or hold harmless any other person, firm or party from or against any loss, damage or injury; regardless of any language by which such acceptance, assumption or undertaking purports to be expressed or implied.

8. PRICES: Prices stated on products or the JKPW website are subject to change without notice. Prices do not include sales tax, where applicable, or delivery costs, both of which Buyer agrees to pay.

9. INFRINGEMENTS: JKPW, at its option, may cancel all orders for the sale of any products, the manufacture, sale or use of which, in JKPW’s opinion, infringes any copyright or patent under which JKPW is not licensed.

10. NOTICES: All communications provided for hereunder shall be in writing, and if to JKPW, mailed or delivered to JKPW at the address stated on the JKPW website (www.jenniferkingphoto.com), or to such other address as JKPW may designate. If to Buyer, such communications shall be sent to the e-mail address by which Buyer contacted the JKPW website, or mailed or delivered to Buyer at the address provided for delivery of purchased JKPW products or at such other address as Buyer may hereafter designate.

11. GENERAL PROVISIONS: This contract shall be governed by laws of the State of North Carolina. Waiver by JKPW of any term, provision, or condition hereof shall not be deemed a waiver of any other term, provision or condition. This contract contains all of the terms and conditions of this contract between Buyer and JKPW. It shall not be modified by Buyer except in writing, signed by the JKPW.

12. ASSIGNMENT: No rights of Buyer under, or arising out of, any purchase transaction or other interaction with JKPW may be assigned without the express written consent of JKPW.

13. COORDINATION WITH JKPW CANCELLATION POLICY: These Terms and Conditions of Sale shall apply to the JKPW Cancellation Policy, as if such Policy were fully stated herein. If any conflict arises between these Terms and Conditions and the Cancellation Policy, the Cancellation Policy shall control.

14. JKPW assumes no responsibility for damaged photo equipment. Equipment insurance is highly recommended to cover you in case of accident, breakage, water or theft.