Last Updated Monday, October 11, 2021

PLEASE READ THESE TERMS AND CONDITIONS BEFORE SIGNING UP FOR RMSP SERVICES (COLLECTIVELY "RMSP"). BY USING RMSP, YOU AGREE TO THESE TERMS AND CONDITIONS.

Terms and Conditions last updated October 11, 2022

PLEASE READ THESE TERMS AND CONDITIONS BEFORE SIGNING UP FOR RMSP SERVICES (COLLECTIVELY “RMSP ”) BECAUSE BY DOING SO, YOU AGREE TO THESE TERMS AND CONDITIONS.

Welcome to Rocky Mountain School of Photography, Inc. and RMSP.com. The RMSP website is owned and operated by Rocky Mountain School of Photography, Inc. having a principal place of business at 301 Expressway Suite A, Missoula, MT 59808 USA. RMSP is a U.S.-based photography education company, that organizes, promotes and sells educational programs and classes related to photography. Herein, “RMSP Services” may be used to refer to any program or class, your use of this website, or various other services offered by RMSP.

In consideration of using RMSP Services You, as the user and/or participant acknowledge and agree to the following Terms and Conditions which include the limitations to liability and assumptions or acknowledgement of risk applicable to the program or class in which You will participate.

Herein, “RMSP” shall be used to refer to Rocky Mountain School of Photography, Inc. and includes their officers, agents, employees, and stockholders, and all other entities associated with the business (which may be collective referenced as “RMSP” or “Our” or “We” or “Us”), Herein, “You” shall mean the user, student, participant, or anyone accessing or submitting information to this website and herein You may be referred to as “you”, “your,” “I”, “me,” “my”, “myself” or “participant” (whether or not capitalized).

General Provisions

Use of this website is at Your own risk. We host this site on a reputable platform and make reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety, or Your individual use, of the website.

HEADINGS: Headings in this agreement are for convenience only and shall not be used to interpret or construe its provisions.

AMENDMENTS: The Terms and Conditions contained herein are subject to change at any time. RMSP may update, alter, or correct any errors or omissions in its published materials and thus may amend these Terms and Conditions at any time and it is Your responsibility to be familiar with them. All amended Terms and Conditions shall automatically be effective upon being posted by RMSP to the website RMSP.com. Accordingly, You should check the website frequently in order to ensure You are aware of any changes. ANY PAYMENT TO RMSP OR COMMENCEMENT OF PARTICIPATION IN EDUCATIONAL SERVICES OR PROGRAMS CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS SET OUT HEREIN, INCLUDING ANY RELATED DOCUMENTS AND AMENDMENTS.

COMMUNICATIONS: Any communications made through Our website, forum or directly to Our mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution with third parties. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks (RMSP Intellectual Property) are owned by and property of RMSP, or the properly attributed party. It is a violation of federal law to make unauthorized use of any RMSP Intellectual Property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using RMSP Intellectual Property immediately.

You may NOT use RMSP Intellectual Property in any way, which includes republishing any image, design, text or other property on another website; posting a quote or image from Our site to any third party website including social media; or using Our trademarks in a misleading manner. RMSP has spent considerable time and money building the RMSP Intellectual Property and in order to maintain the integrity of it, We cannot allow any unauthorized, third party use.

Model Release for Photographs

RMSP likes to include candid imagery (still and motion) of participants in its catalog, on its website, and in other publications, advertising, commercial, and marketing materials.

By agreeing to these Terms and Conditions, I grant to RMSP the unrestricted rights to:

• Photograph or film Me to the extent permitted by law, using any technology or media including but not limited to digital, electronic, print, television and film media now known or to be invented (Media);
• Produce an image, photograph, or film (Image) of Me using the Media, throughout the world;
• Use My Image which I agree may be edited, stored, copies made of and reused at the sole discretion of RMSP;
• Use My Image which I agree may portray My age, sex, ethnicity and other physical attributes, portions thereof, and my name (Attributes) in its original form or edited form;
• Use My Attributes which I agree may be blurred or distorted or altered in any manner; and
• Obtain in its own name, copyright protection for works containing My likeness, Attributes, or Image.

I release RMSP from any claim by Me or anyone else arising out of use of My Image.

I acknowledge and agree that My Image may be published or distributed by RMSP, using the Media throughout the world on any website or in any publication, video or film, for commercial or non-commercial purposes, without restriction (to the extent permitted by law), as an intermediary product or a finished product.

For the avoidance of doubt RMSP may make my Image available for viewing, sale, or resale to third parties for the reproduction and/or distribution by that third party in any medium throughout the world.

RMSP is not obliged to include My Image in any website, publication, video or film or for any other commercial or non-commercial purpose.

Other than the publicity I may receive if RMSP uses My Image, I expressly agree that this model release is free of charge and no further consideration is due to Me for this release or the use granted herein.

I understand My Image and Attributes may particularly be used for the promotion of Rocky Mountain School of Photography, Inc. and the Services, classes or program(s) it offers.

I waive any right that I may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection therewith or the use to which it may be applied.

By agreeing to these Terms and Conditions I release, discharge and agree to hold harmless RMSP, its agents, successors and assigns, from any and all liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said photograph or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.

Additional Information about Photographs

If You prefer that Your likeness or images not be used, You must notify RMSP in writing upon signing up for RMSP services and You are asked to identify Yourself to the instructor(s) or assistant(s) at the beginning of the classes or program in which You will be participating.

Cancellations and Withdrawals by Program

Online Courses:

Tuition is refunded in full if notification is received by RMSP at least two business days (48 hours) before the course begins. If cancellation is received fewer than two business days prior to the course start date, full tuition is retained by RMSP.

Short Courses:

Tuition is refunded in full minus a $25 processing fee if notification is received at RMSP at least 10 business days prior to the event. If cancellation is received fewer than 10 business days prior to the event, full tuition is retained by RMSP.

Summer Intensive:

1. A full refund of all money paid will be made to any applicant who cancels his or her enrollment within 72 hours (until midnight of the third day, excluding weekends and legal holidays) of enrolling in the program, provided that the program has not yet begun.
2. A full refund of all money paid, less the tuition deposit, will be made to any applicant who cancels enrollment prior to the start of the program (and after the 72-hour cancellation privilege).
3. For cancellations received after the program is in progress: RMSP retains full tuition.
4. For no-shows: RMSP retains full tuition.

Professional Intensive:

1. Provided that the Professional Intensive program has not yet begun, a full refund of all money paid will be made to any applicant who cancels his or her enrollment within 72 hours (until midnight of the third day, excluding weekends and legal holidays) of enrolling in the program.
2. A full refund of all money paid, less the tuition deposit, will be made to any applicant who cancels enrollment 30 days or more prior to the start of the program (and after the 72-hour cancellation privilege).
3. A full refund of all money paid will be made to any applicant in the event that educational services are discontinued by RMSP.
4. For cancellations received 30 days or fewer prior to the start of the program, RMSP retains the $1000 deposit and a cancellation fee of $7950. Any additional tuition paid will be refunded to the student.
5. For withdrawals on the 1st through 14th calendar days of the program: RMSP retains the $1000 deposit and a cancellation fee of $10,000. Any additional tuition paid will be refunded to the student.
6. For withdrawals after the 14th calendar day of the program: RMSP retains all tuition paid and no refunds are available.
7. The official date of withdrawal will be considered to be the date of receipt of written withdrawal notice from the student.
8. Refunds will be processed within 30 days after our office receives notice of withdrawal or cancellation.

In the case of a student's prolonged illness or injury, a death in the student's immediate family, or other circumstances that make it infeasible for the student to complete Professional Intensive, RMSP, at its sole discretion, will make a settlement that it considers reasonable and fair to both parties. The settlement proposed may include an option for re-enrollment in a future instance of the program. The school will propose a settlement within 30 days of the official date of withdrawal.

Professional Intensive Tuition Refund Policy for Students Using VA Education Benefits

For students receiving VA education benefits who withdraw from the Professional Intensive program, RMSP will refund the portion of the tuition which represents the percent of the program not completed (as measured in days). Portion paid by the VA will be refunded to the VA according to the following table. Portion paid by the student will be refunded to the student according to the following table. Refunds will be made within 40 days of written notice of withdrawal.

VA/Student Entitled Upon Withdrawal/Termination	Refund
10% of program completed	90%
20% of program completed	80%
30% of program completed	70%
40% of program completed	60%
50% of program completed	50%
60% of program completed	40%
70% of program completed	30%
80% of program completed	20%
90% of program completed	10%

Refunds will be processed within 30 days after the RMSP main office receives written withdrawal notice or cancellation notice.

Please note: RMSP reserves the right to cancel any program, event, session, class or course that does not meet minimum enrollment requirements, in which case participants will be informed as soon as possible and all money will be refunded. RMSP is not responsible for any losses incurred as a result of a cancellation. RMSP encourages participants to purchase refundable airline tickets and consider purchasing trip cancellation insurance for any program-related travel.

RMSP reserves the right to adjust course content and instruction staff from that advertised based on weather, access to locations, availability and other unforeseen situations. Whenever possible, registered participants will be notified ahead of time of any changes.

Miscellaneous IMPORTANT Legal Provisions

SEVERABILITY: In the event that any provision of this agreement shall be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the agreement unenforceable or invalid as a whole. Such unenforceable provision will be replaced with a provision which achieves, to the extent possible, the objectives and intent of the parties as indicated by the original provision.

SUCCESSORS AND ASSIGNS: This agreement shall inure to the benefit of and be binding upon RMSP and You and Your heirs, legal personal representatives, successors and assigns.

MERGER: Inclusive of cross-referenced documents, this agreement is the final, complete and exclusive statement of Your agreement with Us. Inclusive of cross-referenced documents, this agreement supersedes all previous versions, negotiations, and general agreements, particularly where any contradiction arises.

NO WARRANTIES: THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN PARTICULAR (BUT WITHOUT LIMITATION), RMSP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RMSP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT RMSP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ALL SITE-RELATED SERVICES. IN PARTICULAR (BUT WITHOUT LIMITATION), RMSP IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SITES THAT MAY BE LINKED TO THIS SITE. THE LINKED SITES ARE FOR YOUR CONVENIENCE ONLY, AND YOU ACCESS THEM AT YOUR OWN RISK.

GOVERNING LAW AND VENUE: You agree that any dispute concerning, relating, or referring to this agreement, to RMSP Services, to Our brochures and catalogues, or any other materials that concern RMSP Services or use of this website shall be resolved exclusively in Missoula, Montana. Such proceedings will be governed by Montana law.

CLAIMS AND COMPLAINTS: If You find a problem or something that does not meet Your expectation, You must promptly notify RMSP, Your program leader, or Your class instructor so that the matter can be rectified if possible. Failure to do so while You are participating in RMSP Services will result in Your ability to claim compensation from RMSP being extinguished or at least reduced. Further, if You make any changes on Your own without providing the notice described above, You assume responsibility for any added costs You may incur as well as forfeiting any potential refunds. If satisfaction is not reached through this notice procedure during the RMSP Services, You must submit further complaint in writing to RMSP as described and within the timeframes outlined below. RMSP will not accept any liability for claims received after the designated period.

LIMITS ON RMSP'S LIABILITY: (a) Except as specifically set forth in these terms, RMSP makes no express or implied warranties in connection with any RMSP Services.

(b) RMSP’s liability with respect to the services shall be limited to the aggregate amount of the fees received by RMSP from participant in connection with any RMSP Services itself, less actual expenses incurred by RMSP in arranging for Your participation in these services.

(c) To the maximum extent permitted under applicable law, RMSP shall not be liable for any special, consequential, indirect, incidental, statutory, punitive or other damages arising out of the subject matter of this agreement, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if RMSP has been put on notice of the possibility of such damages, including any and all loss or damages arising from delay of services. You expressly waive any right You may have to recover such damages. The foregoing shall not apply to RMSP’s gross negligence or intentional misconduct.

LIMITATION ON ACTIONS AGAINST RMSP: You agree that the sole remedy for any default or failure by RMSP arising under this agreement shall be the return of the payments made for RMSP Services and RMSP shall not accept any liability for any claims that are not complete and received within (7) calendar days of the end or other termination of the RMSP Services in which you participated.

(a) All claims for refunds, credits, losses or otherwise by participant against RMSP must be received in writing within (7) calendar days of the end or other termination of the RMSP Services in which you participated and must be accompanied by supporting documentation and a sworn statement verifying the claim.

(b) Notwithstanding applicable, longer statute of limitations, all suits against RMSP relating to the RMSP Services must be filed and properly served on RMSP within one (1) year from the date of event giving rise to the action.

(c) The failure of participant to timely make a report or claim, or file suit, as set forth in this section will be a complete defense to any suit or action commenced by participant relating to the services. Further, the failure of participant to timely make a report or claim as set forth in this section will result in the participant’s waiver of any refusal to pay for any of the services, including, without limitation, disputing credit card charges for the same.

All claims against RMSP are subject to the other disclaimers, limitations on liability, qualifications and conditions set forth in these Terms and Conditions, program contracts, and the related agreements referenced herein.

FORCE MAJEURE: RMSP will not be deemed in breach of these Terms and Conditions or otherwise liable to You, by reason of delay in performance or nonperformance of any of its obligations under this agreement to the extent that any such delay or nonperformance is due to any Force Majeure. "Force Majeure" means any circumstances beyond the reasonable control of RMSP including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, government intervention, weather conditions, and unforeseen circumstances. If RMSP and/or any of its independent suppliers are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any program, class or arrangement in relation to the RMSP Services. Regarding civil unrest, once RMSP has investigated the prevailing situation, as it deems fit, it shall remain in RMSP's sole and absolute discretion whether to proceed with any particular RMSP Services.

Liability Release and Assumption of Risks for Programs and Classes

These terms are intended to protect RMSP and to be as broad and inclusive as permitted by the laws of the State of Montana and if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

PLEASE READ CAREFULLY: THIS IS A LEGALLY ENFORCEABLE CONTRACT IN WHICH YOU ARE WAIVING LEGAL RIGHTS THAT MAY OTHERWISE BE AVAILABLE TO YOU.

You, as the participant, voluntarily join, attend or apply to participate in RMSP Services or other programs or classes arranged by RMSP with knowledge that these activities involve numerous risks and dangers.

RESPONSIBILITY: As a U.S.-based photography education company, We organize, promote and sell educational programs and classes. Participation in RMSP Services involves inherent risk of injury to participants and their equipment. During these activities, participants may have exposure to the hazards or harm to both their persons and their equipment. While working in the studio, participants may be exposed to high voltage equipment, which can cause serious physical injury or death if used improperly. These examples are merely illustrative of the many, varied and unpredictable hazards associated with photography and RMSP Services arranged by RMSP. Anyone who participates in any RMSP Services (including but not limited to programs, classes or other services arranged by RMSP) assumes the inherent risks in that activity, whether those risks are known or unknown, and the participant is legally responsible for all injury or death to the participant or for all damage to the participant’s property that results from the inherent risks in that activity.

RMSP cannot provide information about all the hazards associated with RMSP Services or activities it sponsors and how to avoid or mitigate such hazards. The owners, agents or employees of RMSP have made no assurances, representations, or warranties that its activities are safe and free of risk.

ASSUMPTION OF RISK: By purchasing services from RMSP You are affirmatively agreeing to the following:

I acknowledge that I have voluntarily applied to or request to participate in RMSP Services (or a program or class to which I may subsequently transfer), which will involve outdoor activities and/or remote areas. I am voluntarily participating in RMSP Services and related activities with the knowledge of the numerous risks and dangers involved, which include but are not limited to: physical exertion for which I am not prepared; forces of nature; transportation failures whether by plane, train, auto, boat, canoe, kayak, bicycle, ski, horseback or other animal, by foot, or by any other conveyance; dangers and risks inherent in outdoor or travel activities; emotional trauma; disfigurement; temporary or permanent disability (including paralysis); death; consumption of alcoholic beverages; risks associated with food or impure water; criminal activity; equipment failures; negligent or willful acts and/or omissions by others; unexpected events; terrorist activities, social or labor unrest; mechanical or construction failures or difficulties; diseases; local laws; acts of God; the hazards of traveling in unsafe or politically unstable areas or under unsafe conditions; the dangers of civil disturbances, urban unrest and war; dangers associated with wild or other animals; breakdown or faulty maintenance of equipment; insufficient instruction or assistance; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; stolen, lost, or misplaced luggage or property; abnormal conditions or developments; or any other actions, omissions, or conditions outside of RMSP’s control. I understand that RMSP will have no liability regarding the adequacy of any evacuation plan, medical care, transportation, equipment or supplies that may be provided.

RELEASE OF LIABILITY: As lawful consideration of, and as part of the payment for, the right to participate in services offered by RMSP which may or may not involve travel, and as part of the payment for the services arranged for me by RMSP, I HEREBY EXPRESSLY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ASSUME ALL OF THE ABOVE RISKS, INCLUDING BOTH THOSE KNOWN AND UNKNOWN TO ME.

As lawful consideration of, and as part of the payment for, the right to participate in the program or class, and as part of the payment for the services arranged for me by RMSP, I HEREBY EXPRESSLY AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS FOREVER RMSP, its owners, employees, shareholders, affiliated entities, employees, agents, representatives, officers, directors, associates, volunteers, successors and assigns from and against any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with My participation in RMSP Services or activities arranged for Me by RMSP.

I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for Myself, all members of My family, My and their heirs, successors, assigns, and legal representatives; it being My intention to fully assume all risks associated with the pertinent RMSP Services and to release RMSP from any and all liability to the maximum extent permitted by law. Should this release be ineffective for any reason, I expressly agree to the other limitations of liability set forth in these Terms and Conditions.

COVENANT: I hereby agree not to sue RMSP, its owners, employees, shareholders, affiliated entities, agents, representatives, officers, directors, associates, volunteers, successors and assigns for any liability, actions, causes of actions, debts, suits, claims and demands of any and every kind and nature whatsoever which I now have or which may hereafter arise out of or in connection with any RMSP Services, program or My participation in the activities arranged for me by RMSP. Should this provision be unenforceable, I acknowledge that under these Terms and Conditions, I expressly agree to bring any suits within 1 year after the end or other termination date of My participation in the applicable RMSP Services unless another, shorter limitations period shall apply.

LIMITATION OF REMEDIES: I agree that to the extent consistent with applicable law, the maximum amount of recovery which I may be permitted to recover from RMSP shall not exceed the amount of the paid tuition cost, less actual expenses incurred by RMSP in arranging for My participation in RMSP Services. To the maximum extent permitted under applicable law, RMSP shall not be liable for any special, consequential, indirect, incidental or other damages, including lost profits, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if RMSP has been advised of the possibility of such damages. I expressly waive any right I may have to recover such damages. If I, or any of My heirs, or anyone acting on their own on My behalf should bring such suit, I shall pay all attorney fees, related court fees and defense costs should I not prevail. This paragraph shall not apply to RMSP's gross negligence or intentional misconduct.

KNOWING AND VOLUNTARY AGREEMENT AND EXECUTION: I attest or my parent/guardian (if I am under the age of 18) attests that the provisions and legal consequences of these Terms and Conditions including applicable Liability Release and Assumption or Acknowledgment of Risks, have been carefully read, clearly understood, and accepted as stated herein. I hereby agree to all of the terms and conditions contained in all of the agreements pertaining to the RMSP Services to which I have applied. I agree that this release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Montana and if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

I acknowledge that in calculating the cost of RMSP Services, RMSP has relied on My consent to these Terms and Conditions and their enforceability. In the absence of this agreement, the cost of all RMSP Services would have been higher or, alternatively, RMSP would be unable to offer these services.

I understand this is a legally binding and enforceable contract. I acknowledge that this agreement shall be effective and binding upon me, My heirs, assigns, personal representative and estate and for all members of My family, including minor children.