SERVICE AGREEMENT

August 30, 2023

SERVICE AGREEMENT
BETWEEN

CHARLIE’S WILDLIFE PHOTOGRAPHY LTD (COMPANY)

AND

__________ (CLIENT)


THIS AGREEMENT is made on the _day of _________________20, (hereinafter, “Effective
Date”) entered into by the Company of
_______________________________________________address, and the Client of
_________________________________________________________address. Company and Client
collectively referred to as the “Parties” or individually as the “Party”) and includes that Party’s successors
and assigns.
In consideration of covenants and agreements contained in this agreement, and other good and valuable
consideration, the receipt of which is hereby acknowledged, Parties agree to the following terms and
conditions and to be bound thereby:

  1. TERM
    This agreement shall be valid from the Effective Date until termination.
  2. SERVICES
    The Company shall provide touring services to the Client professionally, per industry standards, and the
    terms herein agreed upon.
  3. CONTRACT SUM
    For the services rendered, the Client shall pay the Company $_____________on or about
    __________date.
  4. NO-GUARANTEE
    The Client understands and accepts that the Company cannot make any guarantee as to the weather or any
    matters beyond their control. Therefore, the itinerary may be subject to changes due to matters beyond the
    Company’s control such as the weather. Any changes to the itinerary will be made as a last resort and
    consideration will be made to have the Client get the best photography experience possible.
  5. DISCLAIMERS
     The Company shall not be liable for any stolen, lost or damaged property. The Client shall be in
    charge of their own belongings including but not limited to their equipment. The Client may
    purchase camera straps, waterproof covers etc. for the tour but for security purposes, the Client is
    advised to purchase equipment insurance before travelling. Please note that the possibility of the
    said theft, loss or damage is unlikely but as good practice, precaution should be taken.
     The Client is solely responsible for ensuring that they purchase medical travel insurance prior to
    travelling.
  6. LIMITATION OF LIABILITY
    THE COMPANY SHALL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY UNDER
    ANY CIRCUMSTANCES (EVEN IF THIS AGREEMENT IS TERMINATED) FOR ANY
    CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING
    WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR
    BUSINESS ADVANTAGE), WHETHER BASED UPON A CLAIM OR ACTION OF TORT,
    CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY
    DUTY, CONTRIBUTION, CLASS ACTION, MASS TORT, INDEMNITY OR ANY OTHER LEGAL
    THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
    DAMAGES.

THE COMPANY’S TOTAL LIABILITY UNDER OR RELATING TO THIS AGREEMENT,
REGARDLESS OF THE CAUSE OR FORM OF ACTION, AND WHETHER BEFORE OR AFTER
ITS TERMINATION, SHALL NOT EXCEED THE TOTAL OF ALL AMOUNTS PAID TO THE
COMPANY BY THE CLIENT HEREIN.

  1. WAIVER OF LIABILITY
    The Client waives and release any rights they, their heirs, distributees, guardians, legal representatives
    and assigns may have or acquire to make a claim against the Company or any of its members, directors,
    officers, agents, employees and affiliated organizations (herein referred to as “the Releasees”) for
    damages caused by injury to them or damage to their property arising from my the Client’s participation
    in the Company services herein, whether or not the injury or damage results from the negligence or other
    action.
    Please take note that injury to persons or loss or damage to property are isolated events, and although the
    Company is not liable for any loss, damage, accidents or injuries sustained on the trip, safety is always the
    Company’s first priority.
  2. TERMINATION AND CANCELLATION
     Cancelation of a trip for any reason (including COVID) by the Company will attract a 100%
    refund.
     Cancellation of a trip by the Client:
    i. 120 days or more before the trip start date will lead to forfeiture of the deposit but 100%
    refund will be made.
    ii. Between 119-90 days before the trip start date will lead to forfeiture of the deposit but 75%
    refund will be made.
    iii. Between 89-60 days before the trip start date will lead to forfeiture of the deposit but 50%
    refund will be made.
    iv. Between 59-30 days before the trip start date will lead to forfeiture of the deposit but 25%
    refund will be made.
    v. Within 30 days of the trip start date shall not attract any refund.
     Fulfillment of the parties’ obligations herein shall constitute termination of this agreement.
     The termination of this agreement shall not discharge the liabilities accumulated by either Party.
    Any Clauses intended by the Parties or this agreement to survive the termination of this
    agreement shall survive the termination of this agreement by whatever cause.
  3. ASSIGNMENT AND DELEGATION
    Client shall not transfer or assign this agreement without Company’s consent. However, Company may
    transfer or assign this agreement or subcontract its obligations hereunder at any time without Client’s
    consent.
  4. DISPUTE RESOLUTION
    Parties agree to settle disputes under this Agreement through (select one)
    ☐Negotiation ☐Mediation ☐Arbitration ☐Litigation.
  5. FORCE MAJEURE
    For this Agreement, “Force Majeure” means an event which a diligent party could not have reasonably
    avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to,
    war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other
    industrial action, terrorist acts, confiscation or any other action by government agencies. A Party’s failure
    to fulfill its obligations due to Force Majeure shall not be considered a breach of this Agreement,
    provided that the Party has taken all reasonable precautions, due care, reasonable alternative measures,
    and minimal delay all to carry out the terms of this Agreement.
  6. DRAFTING RESPONSIBILITY
    Neither party shall be held to a higher standard than the other party in the interpretation or enforcement of
    this Contract as a whole or any portion hereof based on drafting responsibility.
  7. CHANGES TO THE AGREEMENT
    Either Party may request changes to the agreement, but they will only be effective if agreed in writing,
    and signed by all Parties. If any ambiguity is found in the agreement or various documents forming this
    agreement, the Parties shall issue any necessary clarification or instruction.
  8. NO WAIVER
    A waiver by one Party of any right or benefit provided in this Agreement does not infer or permit a
    further waiver of that right or benefit, nor does it infer or permit a waiver of any other right or benefit
    provided in this Agreement.
  9. SEVERABILITY
    The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it
    shall not affect the validity or enforceability of any other provision.
  10. COUNTERPARTS
    This agreement may be executed in any number of counterparts, each of which shall be deemed to be an
    original and all of which taken together shall constitute one instrument.
  11. ENTIRE AGREEMENT
    This agreement constitutes the entire agreement between the parties. It supersedes all prior oral or written
    agreements or understandings between the Parties concerning the subject matter of this agreement. All
    documents annexed to this agreement shall be subject to the terms under this agreement, provided that the
    Parties append their signatures on the documents. The Parties will exercise utmost good faith in this
    agreement.
  12. HEADINGS
    The article and section headings in this agreement are for convenience; they form in no part of this
    agreement and shall not affect its interpretation.
  13. PRONOUNS
    All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter,
    singular, or plural, as the identity of the person or entity may require. As used in this agreement: words of
    the masculine gender shall mean and include corresponding neuter words or words of the feminine
    gender, and words in the singular shall mean and include the plural and vice versa.
  14. GOVERNING LAW
    This Agreement shall be governed in all respects by the laws of the Company’s jurisdiction, and its
    Courts without regard to its conflict of law provisions.
    IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and year set
    forth below.
    Signed by the duly authorized representative of
    the COMPANY

Signature: ………………………………………
Name: ………………………………………….

Signed by the CLIENT

Signature: ……………………………………

Designation: …………………………………..
Date: …………………………………………….

Name: …………………………………………
Date: …………………………………………….

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