Terms & Conditions

LUMINOUS TOURS — TERMS AND CONDITIONS

Including Assumption of Risk, Release of Liability, and Policies

By booking, paying for, or participating in any private photo tour, portrait session, workshop, lesson, or related experience ("Tour"), you ("Participant," "you") agree to be bound by these Terms and Conditions ("Terms"). Your agreement is confirmed by checking "I have read and agree to the Terms and Conditions" at checkout, or by your participation in the Tour, whichever occurs first.

1. WHO THESE TERMS APPLY TO

These Terms apply to every Participant and any guest connected to your booking. If you book on behalf of others, you confirm you have the legal authority to bind them to these Terms and you are responsible for ensuring they read, understand, and follow them.

2. ADULTS ONLY — PHOTO TOURS / MINORS WELCOME IN FAMILY PORTRAIT SESSIONS

All Photo Tours are restricted to adults (18 years of age or older). No minors are permitted to participate in, attend, or accompany any Photo Tour, unless they are a minor participant in a pre-approved Family Portrait Session as described in Section 11C.

If you bring a minor to a Photo Tour without prior written approval: Luminous Tours may refuse service or end the Tour immediately for safety and liability reasons. In that case, the booking will be treated as a Participant cancellation or no-show and no refund will be issued.

If a minor is present at any Photo Tour due to your actions, you accept full responsibility for the minor's supervision, safety, and conduct, including liability for any injury to the minor, and you agree to defend, indemnify, and hold harmless Luminous Tours and the Guide from any and all claims, damages, losses, liabilities, costs, or expenses (including attorneys' fees) arising from or related to the minor's presence or any injury sustained by the minor.

3. PARTICIPANT RESPONSIBILITIES

You agree to:

• Follow all safety guidance from the Guide
• Stay alert around traffic, bikes, scooters, crowds, water, rocks, cliffs, and changing conditions
• Bring appropriate clothing, footwear, hydration, and gear for an outdoor coastal environment
• Behave respectfully toward others and the public
• Follow all laws, posted signs, and location rules

You are responsible for your own choices during the Tour, including where you step, how close you approach water, and how you use your equipment. The Guide may offer suggestions but does not guarantee the safety of any particular location, vantage point, or activity.

4. ASSUMPTION OF RISK

Photography Tours and portrait sessions involve outdoor and urban environments with inherent risks that can result in injury, illness, death, or property damage. Risks include, but are not limited to:

• Slips, trips, and falls on sand, rocks, wet surfaces, stairs, curbs, trails, docks, and piers
• Ocean and water hazards including waves, tides, currents, slippery rocks, and spray
• Traffic and public hazards including vehicles, bikes, scooters, crowds, and low-light conditions
• Weather and environmental conditions such as heat, cold, wind, fog, sun exposure, dehydration, and sudden changes
• Wildlife encounters and related risks
• Equipment hazards, including tripods and sharp edges, and physical strain from carrying gear
• Theft, loss, or damage to personal property

These risks are inherent to outdoor photography and cannot be eliminated without destroying the nature of the activity. You voluntarily assume all such risks, whether known or unknown, foreseeable or unforeseeable, to the fullest extent permitted by law.

5. RELEASE OF LIABILITY

To the maximum extent permitted by California law, you release and forever discharge Luminous Tours and the Guide (including assistants, contractors, partners, and agents) from any and all claims, demands, causes of action, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to your participation in the Tour, including injury, illness, death, property damage, theft, or loss, except to the extent caused by the gross negligence or willful misconduct of Luminous Tours or the Guide.

This release is intended to be as broad and inclusive as permitted by California law. Any ambiguity shall be construed in favor of the release and enforceability.

This release shall survive termination or completion of the Tour and these Terms.

6. LIMITATION OF DAMAGES

To the fullest extent permitted by law, Luminous Tours' total aggregate liability to you for any and all claims arising out of or related to the Tour shall not exceed the total amount you actually paid for the specific Tour giving rise to the claim. In no event shall Luminous Tours be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or loss of enjoyment.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Luminous Tours and the Guide from and against any and all claims, liabilities, damages, judgments, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your participation in the Tour
• Your violation of these Terms or any applicable law
• Your negligence or misconduct
• Any claim brought by a third party related to your actions or omissions during the Tour

8. MEDICAL FITNESS, DISCLOSURE, AND EMERGENCY CARE

You represent that you are physically and medically able to participate in the Tour. You agree to disclose to the Guide, before the Tour begins, any medical condition, allergy, or physical limitation that could affect your safety or the safety of others during the Tour.

You are responsible for bringing any necessary medications (inhaler, EpiPen, etc.). In an emergency, you authorize the Guide to call for emergency medical services and to take reasonable steps to assist you. You agree you are solely responsible for all costs associated with emergency care, including ambulance transportation, hospitalization, and follow-up treatment.

Luminous Tours does not provide medical advice or medical services.

9. EQUIPMENT AND PERSONAL PROPERTY

You are always solely responsible for your equipment and belongings. Luminous Tours is not responsible for loss, theft, or damage to cameras, lenses, tripods, phones, vehicles, or any personal items, whether on the Tour, in transit, or in any vehicle.

10. TRANSPORTATION AND MEETING OPTIONS

Tours are offered in one of the following formats, as confirmed at booking.

Option A — Participant Meets Guide on Location:

You are responsible for your own transportation to and from the meeting point(s), including parking fees, tolls, and any entry or permit costs. You assume all risks associated with traveling to and from the Tour and moving between locations during the Tour.

Option B — Participant Rides with Guide (Only If Confirmed in Writing):

If Luminous Tours agrees in writing to allow you to ride in the Guide's vehicle, transportation is provided solely as a convenience and a courtesy. You understand and agree that:

• You will wear a seatbelt and follow all safety instructions
• You assume all risks associated with entering, riding in, and exiting the vehicle, including risks related to traffic, road conditions, other drivers, and accidents
• Luminous Tours is not a common carrier and makes no representations regarding insurance coverage for passengers
• To the maximum extent permitted by law, you release Luminous Tours and the Guide from claims arising from transportation, except to the extent caused by gross negligence or willful misconduct
• You are responsible for your personal property at all times, including in the vehicle

Luminous Tours may decline to provide transportation for any reason, including comfort, scheduling, safety, capacity, or insurance limitations.

10A. GEOGRAPHIC SCOPE AND PARTICIPANT LOCATION

All Tours operated by Luminous Tours are conducted exclusively in San Diego County, California. By booking a Tour, you acknowledge and confirm that you are either currently located in San Diego, California, or that you plan to travel to and be present in San Diego, California on the date of your scheduled Tour.

Luminous Tours does not operate Tours outside of San Diego County. It is your sole responsibility to ensure that you will be physically present in San Diego on the date of your booking. If you are unable to travel to San Diego for any reason — including but not limited to flight cancellations, travel delays, illness, or personal circumstances — your booking will be subject to the standard cancellation policy set forth in Section 13.

10B. WHAT IS AND IS NOT INCLUDED IN THE TOUR PRICE

The Tour price covers the following services provided by the Guide during the scheduled Tour duration only:

• Location scouting and route planning for the Tour
• Photography instruction and mentoring during the Tour
• The Guide's time and expertise for the duration of the scheduled session

The following are expressly NOT included in the Tour price and are solely the Participant's responsibility:

• Airfare or any other cost of travel to or from San Diego
• Ground transportation, rideshare, taxi, or rental car to and from Tour locations
• Hotel, lodging, or accommodation of any kind
• Meals, beverages, or snacks
• Parking fees, meters, tolls, or vehicle permits
• Travel insurance or trip cancellation insurance
• Any other personal expenses incurred before, during, or after the Tour

Luminous Tours strongly recommends that Participants traveling from outside San Diego obtain travel insurance that includes trip cancellation coverage. Luminous Tours is not responsible for any losses arising from travel disruptions, cancellations, or failure to arrive in San Diego for a scheduled Tour.

11. WEATHER, CONDITIONS, AND TOUR CHANGES

Photography depends on conditions that can change quickly. Luminous Tours may adjust the route, timing, or location for safety, closures, weather, tides, access restrictions, crowds, or lighting. Specific conditions, wildlife, aircraft trails, cloud formations, and "perfect light" are not guaranteed.

11A. PORTRAIT SESSION CONDITIONS

Outdoor portrait sessions are subject to natural conditions that can change quickly and without notice. While San Diego enjoys some of the most beautiful light in the world, Luminous Tours cannot guarantee specific weather, sky conditions, sunset colors, cloud formations, or tidal patterns on the day of your session.

Marine layer (coastal fog) is common in San Diego, particularly in the morning and early evening hours, and may affect the quality of light during your session. While marine layer can sometimes create soft, beautiful diffused light, it may also obscure the sunset entirely. Every effort will be made to choose the best available location and timing based on conditions on the day.

Session timing is carefully planned around golden hour and sunset for the most flattering, dramatic light. However, the exact timing and direction of light shifts with the seasons and cannot be replicated from one session to the next. No two sessions — or sunsets — are ever exactly alike.

In the event of rain, unsafe conditions, or extreme weather, Arnel will contact you to reschedule at no additional charge. Sessions that begin under acceptable conditions and encounter a weather change midway through are not eligible for a full reschedule but may be eligible for a partial credit at Arnel's discretion.

By booking your portrait session you acknowledge and accept that outdoor conditions are beyond Arnel Garcia's control and agree that no refund or reschedule will be issued solely due to dissatisfaction with natural light, sky conditions, or weather that does not prevent the session from taking place.

11B. MINOR PARTICIPANTS IN FAMILY PORTRAIT SESSIONS

Family Portrait Sessions offered by Luminous Tours may include minor participants (children under 18 years of age) provided that a parent or legal guardian is present throughout the entire session. The following conditions apply to all sessions involving minors:

Parental/Guardian Presence and Supervision:

At least one parent or legal guardian must be present and actively supervising all minor participants at all times during the session, including while moving between locations. It is solely the parent's or guardian's responsibility to manage the minor's safety, behavior, and proximity to hazards including water, traffic, rocks, cliffs, and crowds.

Assumption of Risk for Minors:

The parent or legal guardian agrees on behalf of the minor to assume all risks associated with the minor's participation in the session, including risks of injury, illness, or property damage, and agrees to release and indemnify Luminous Tours and the Guide from all claims arising from the minor's participation, except to the extent caused by gross negligence or willful misconduct.

Photography and Use of Likeness:

The parent or legal guardian grants Luminous Tours permission to photograph and record the minor and to use the minor's image and likeness in marketing materials, social media, website, and promotional content without additional compensation. If you prefer the minor not to appear, you must notify the Guide in writing before the session begins.

12. FORCE MAJEURE

"Force Majeure Event" means any event beyond the reasonable control of Luminous Tours, including but not limited to: acts of God (earthquakes, floods, hurricanes, wildfires, extreme weather); government actions or restrictions; public health emergencies or pandemics; war, terrorism, or civil unrest; labor strikes; or utility failures.

If a Force Majeure Event prevents Luminous Tours from operating a scheduled Tour:

• Luminous Tours will make reasonable efforts to notify you as soon as possible
• You will be offered a full refund or the option to reschedule for a future date at no additional charge
• Luminous Tours is not responsible for any third-party expenses you may have incurred, including travel, lodging, meals, or lost time

13. CANCELLATION, RESCHEDULING, AND REFUND POLICY

Cancellation by Participant:

• More than 30 days before Tour: Full refund
• 15–30 days before Tour: 50% refund
• Less than 15 days before Tour: No refund
• No-show or cancellation on Tour day: No refund

Refunds are issued to the original payment method within 5–7 business days of cancellation approval.

Rescheduling:

You may reschedule your Tour to a different date at no additional charge, provided you notify Luminous Tours at least 30 days in advance. Rescheduling requests made with less than 30 days' notice are subject to availability and may be declined. If you reschedule and then cancel, the cancellation policy applies based on the new rescheduled date. If a rescheduled date is later cancelled, the cancellation will be evaluated under the policy above using the rescheduled Tour date.

Cancellation by Company:

If Luminous Tours cancels the Tour for reasons other than a Force Majeure Event, you will receive a full refund or credit for future use (your choice). Luminous Tours is not responsible for any third-party expenses you may have incurred, including travel, lodging, meals, parking, permits, or lost time.

Early Termination:

If a Tour is terminated early due to unsafe conditions, weather, or other circumstances beyond the Guide's control after the Tour has begun, refunds will be issued on a pro rata basis at Luminous Tours' sole discretion.

14. PUNCTUALITY

Tours start on time. Late arrival reduces your shooting time and does not qualify for a refund or extension. The no-show rule applies after 30 minutes unless a different arrangement is confirmed in writing before the Tour.

15. PARTICIPANT CONDUCT AND SAFETY REMOVAL

Luminous Tours is committed to providing a safe and enjoyable experience. Luminous Tours may end a Tour immediately, without refund, if a Participant:

• Acts in an unsafe manner
• Refuses to follow safety instructions
• Harasses others or behaves aggressively
• Appears impaired by alcohol or drugs
• Creates an unreasonable risk to themselves, the Guide, or the public

16. PHOTOGRAPHY, VIDEO, AND USE OF LIKENESS

You grant Luminous Tours a non-exclusive, royalty-free, perpetual, worldwide license to photograph or record you during the Tour and to use your name, image, and likeness in marketing materials, social media, website, and promotional content without additional compensation.

If you prefer not to appear, you must notify the Guide in writing before the Tour begins. Luminous Tours will make reasonable efforts to accommodate your request.

For the avoidance of doubt, this consent is given voluntarily and may be withdrawn only as to future use by providing written notice.

17. INTELLECTUAL PROPERTY AND EDUCATIONAL MATERIALS

Any handouts, guides, route plans, checklists, lesson materials, and instructional content provided are the proprietary property of Luminous Tours, are for your personal, non-commercial use only, and may not be copied, resold, distributed, published, or used for commercial purposes without written permission from Luminous Tours.

18. DISPUTE RESOLUTION

Mediation: Before initiating any legal action, the parties agree to attempt in good faith to resolve any dispute arising out of or relating to these Terms through mediation administered by a mutually agreed-upon mediator in San Diego County, California. The costs of mediation shall be shared equally.

Governing Law and Venue: These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. If mediation is unsuccessful, any legal action must be brought in the state or federal courts located in San Diego County, California, and you consent to personal jurisdiction there.

Prevailing Party Attorneys' Fees: In any legal action or proceeding to enforce these Terms, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party.

Time Limitation: Any claim arising out of or related to the Tour or these Terms must be filed within one (1) year of the date of the incident giving rise to the claim, regardless of any longer statute of limitations permitted by law.

19. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

20. AMENDMENTS AND MODIFICATIONS

These Terms may be updated from time to time. The current version will be posted at luminous.tours/terms. Continued booking or participation after changes are posted constitutes acceptance of the revised Terms. No oral modification of these Terms shall be effective; all amendments must be in writing.

Our Privacy & Cookie Policy, which governs the collection and use of personal information submitted through this website, is a separate document available at luminous.tours/privacy.

21. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Luminous Tours regarding participation in the Tour and supersede all prior or contemporaneous discussions, representations, or agreements, whether written or oral.

22. ACKNOWLEDGMENT

By booking or participating, you acknowledge that:

• You have read and understood these Terms in their entirety
• You agree to be bound by these Terms, including the assumption of risk, release of liability, limitation of damages, and cancellation policies
• You are at least 18 years of age
• You are signing voluntarily and without coercion
• You understand that you are giving up substantial legal rights, including the right to sue for ordinary negligence