Terms of Use

Last Updated on: February 20, 2025

By using this website as a user (“You”), You agree to the following Terms and Use, Code of Conduct, Code of Ethics, and Privacy Policy. Please read them all carefully before using this website, using any of the content featured on this website, joining the UWCA membership, or purchasing any course materials.

General Provisions

This website is owned and operated by the Underwater Creatives Academy LLC (UWCA) (hereafter “Our”, “We” or “Companies”). Our principal place of business is located at 330 NW 170th St. Newberry, Florida 32669. UWCA maintains this site to provide information and facilitate communication in the photography, creatives small business, and artistic industries. Your use of this site is governed by these Terms of Use, so please read them carefully.

Use of this website is at Your own risk. We host this site on a reputable platform and take 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. The terms and conditions contained on this page is subject to change at any time. 

By using this site, you acknowledge that you have read these Terms of Use and that you accept them, as they may be modified from time to time, as posted on this site. When UWCA makes such a modification, we will post a revised version of these Terms of Use on this site. Changes are effective when posted. UWCA is not required to provide notification that it has made any such change. It is your responsibility to review these Terms of Use from time to time to be aware of any changes. Your continued use of the site or the services of UWCA indicates your agreement to any such change. We reserve the right to add to, remove, change or terminate access to any of the content or functions of the site without giving specific notice. If you do not agree to the Terms of Use, you should not use this site.

1. Trademarks. The Underwater Creatives Academy, UWCA, and the UWCA logos are trademarks used by UWCA and are protected by United States trademark laws and state laws. 

2. Copyright of Site Content. All site content, including, but not limited to, text, graphics and layout, is the property of UWCA, except where cited, and is protected by United States and international copyright laws. No portion of this site may be reproduced, copied, sold, visited, or otherwise used for any commercial purpose without the express written consent of UWCA. The content of this site may be printed, copied, viewed, downloaded, saved to disk for private use and otherwise used solely for personal informational purposes, providing embedded copyright notices are NOT removed from the images, and attribution is given where provided. No site content may be altered in any way.

3. Age Requirements. You must be at least 18 to use Our website, templates, courses, and products.

4. Not Responsible for Links. This site contains links to and from other Internet sites. These sites are independent of UWCA, and UWCA has no control over, or responsibility for, the content, functioning, operation, policies or availability of such sites.

5. Disclaimer. UWCA assumes no liability or responsibility for any errors or omissions in the content of this website. UWCA makes no warranty of accuracy, completeness, adequacy, suitability or non-infringement concerning this website or the information or materials it contains. UWCA specifically disclaims any duty to update the information on this site. You understand the content provided in UWCA articles, resources, and courses are developed based on the experience of instructors and the content may not be relevant in all situations. You should see additional training, experience, and qualification to make the best judgement when utilizing the content on this website. UWCA, it’s staff, affiliates, vendors, sponsors, and any other relevant parties are not liable for actions that occur as a result of the use of the content provided on this website.

6. Comments Become Property of UWCA. Any feedback and suggestions, written and oral, directed to UPWCA or this site become the property of UWCA. UWCA shall enjoy a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant UWCA the right to use the name that you submit in connection with such content, if UWCA chooses to do so. Should you desire confidential treatment of feedback or suggestions, please write or email UWCA. No feedback, suggestions or commentary of any kind will be treated as confidential without a prior, written statement from UWCA.

7. Copyright Infringement. We will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).  If you believe any copyrights are infringed by our content or courses, please provide us with a written notice via mail, fax, or email that contains the following information:

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2) A description of the copyrighted work that you claim has been infringed;

(3) A description of where the material that you claim is infringing is located on our Website;

(4) Your address, telephone number, and email address;

(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements.  We will investigate your claim and will notify by the method of contact you used to file your notice with us.

8. Digital Products and In-Person Events. By purchasing any product from the Underwater Creatives Academy LLC on this website, you are granted one revocable, worldwide, non-commercial, non-derivative, non-exclusive license to the product(s) you have purchased. If you violate this license by giving or selling a copy of our product(s) to anyone, We reserve the right to invoice you for the licenses you have gifted to others and revoke your access to our products permanently.

Access to any products purchased is guaranteed for a minimum of 12 months, from the date of purchase.  The Company may provide access to the resources for longer than 12 months, but this is at the companies discretion. In person or time limited courses may have a shorter time period for available materials. For in-person events, materials are generally available only during the period of the event. Digital products provided in conjunction with in-person events are available for a period of 30 days only from the end of the event.

If a payment plan is the chosen form of payment, the purchaser is obligated to pay all of the payments on time and in full prior to the event start date, otherwise, access to their account and/or admittance to the event will immediately be suspended and legal recourse to recover sums owed will proceed.

9. Digital Products and In-Person Events Return Policy. Digital products such as the courses, guides, templates, presets, etc. which are downloadable are not eligible for return unless a refund policy is outlined for that course, guide, template or preset. 

For refunds for In-Person Events: Refunds may be provided for wholly or in part under the following conditions before the date of the event. Once the event has started, no refunds are available.

(1) Participant may apply any monies paid towards a future event or course.

(2) Participant may seek to find a substitute that is accepted and approved by UWCA. Refunds will be provided only after substitute has completed the registration process and will be less 4% in lost processing fees charged by third party payment processors. A substitute individual may not be acceptable based on UWCA’s past experiences or industry reputation of the individual. UWCA reserves the right to reject a participant or substitute based on these conditions.

(3) Emailed will@waterbearphotography.com requesting a refund.

10. Non-Purchased Assets. This includes but is not limited to; Facebook groups, complimentary articles and resources, and invites to events are free bonuses and have no monetary value.  These can be withdrawn/amended by UWCA with no notice and this does not change the value of the offer or constitute a breach contract.  Access to all non-course assets (purchased or non-purchased) are subject to our community code.

11. Community Code. The following code of conduct is required for all members and visitors or the UWCA website, forums, groups, events, and courses. If at anytime an individual is found to violate any one of the following requirements, that individual may have their membership or access revoked without refund. Their continued participation in the UWCA community may be suspended or permanently revoked based on the seriousness and impact of their behavior, at the discretion of UWCA ownership.

(1) Be Kind and Courteous. UWCA desires to create a welcoming environment. Treat everyone with respect. Healthy debates are natural, but kindness is required. No unsolicited CC, bad-mouthing clients, bullying/shaming, trolling, drama, mansplaining or name-calling members either in this community or outside the group. This community has zero tolerance policy for disrespect.

(2) No Promotions/Self-Promotions, Advertising, or Spam. Any promotional posts (including freebies, beta tests, market research, other groups or workshop tickets/reselling) will result in an instant ban—message mods to check BEFORE posting if you’re unsure. The only exceptions allowed are selling second-hand gear, dress rentals, & requests for professionals by professionals seeking someone for personal or professional purposes. These requests must be clearly labeled as a request. Any responses to requests are required to be made in the publicly visible forum or group. Under no circumstances should an individual be privately messaged unless they explicitly request it.

All model calls & shoot trade, etc. are required to be compensated at the industry standard rate. UWCA has a standard that all professionals are paid fairly. Trades for Images are not in the spirit of UWCA. Collaborations are acceptable as long as each participant is contributing an equal part to the project. Any professional found to be violating this standard are not operating in the spirit of UWCA and may be have their access revoke and permissions to use assets suspended.

(3) No Hate Speech, Discrimination, or Bullying. We have a ZERO tolerance policy for racism, sexism, homophobia, or any degrading comments related to race, religion, culture, sexual orientation, gender or identity. Bullying of any kind isn’t allowed and will result in an instant ban.

(4) No “Free Sessions” Posts or Giveaways. We do NOT allow posts/comments offering or asking to do shoots for free, nearly free, for a giveaway/contest, or for travel-only. This group is NOT be used to phish (pun intended) photographers to come photograph for free. Subsequently, no models or safety swimmers should be compensated with “experience” or “images”. All UWCA participants shall uphold a professional standard to fairly compensate all other professionals for their time, skills, and talents.

(5) Referral Posts Comments & Reponses Relevance. When responding to referral posts, keep your comments relevant and timely (e.g. don’t comment photographer referrals on a post if they weren’t asked for, or comment on old/closed referral posts) —please only drop your link if you meet the poster’s criteria. DO NOT privately message unless explicitly requested to do so. This is handled on the honors system, please message Admins/Mods about repeat offenders who will be removed.

(6) Credit Due and Plagiarism. Plagiarism of any materials or assets, whether owned by UWCA or otherwise, will result in an instant ban. Always credit photographers when posting inspiration photos or mood-boards. If you cannot properly credit, do not post or you will be restricted for one week. If you have plagiarized another community members intellectual property, your access to forums or groups will be revoked.

(7) No Legal, Financial, or Medical Advise without professional knowledge. Do not request or provide hearsay advice about legal, financial, or medical topics like taxes, permits, work visas, vaccines, etc. Always get your own first-hand information from official sources. In the event you are a trained professional in these areas, please include your qualifications to show legitimacy.

(8) Respect Privacy. Keep what’s shared in the forums and groups private but remember the internet is public and you are responsible for the results of what you post. No privately messaging members without permission. No blocking admins/mods.

(9) Follow UWCA Code of Conduct and “Leave No Trace” Principles. Joining this group means that you agree to follow and promote the UWCA Code of Conduct as well as the ethics principles of “Leave No Trace” (lnt.org). Posts/photos displaying or encouraging behavior that is not inline with the code of conductor, or that damages the environment are not allowed.

(10) Keep Posts on Topic and Relevant. Posts must be relevant to the theme of this group (underwater photography, videography, business, marketing, modeling, safety, etc). Other topics may be deleted. No like/follow trains or pods, no reviews for reviews requests. This group is for all underwater creatives.

12. No Warranties Regarding This Site or Services of UWCA Members. UWCA provides and maintains this site on an as-available basis. UWCA makes no representations, warranties, and accepts no liabilities of any kind, express or implied, as to the operation or availability of this site. You expressly agree that your use of this site is at your sole risk. Visitors to this site understand that UWCA does not guarantee or warrant the services of its members, and visitors agree that UWCA is not liable for the alleged acts or omissions of its members, nor may UWCA be held liable for damages allegedly sustained as a result of the acts or omissions of its members or users, regardless of the legal theories employed. 

13. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UWCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UWCA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM UWCA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT UWCA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ALLEGEDLY ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, WITHOUT REGARD TO THE THEORY OF LIABILITY ASSERTED. UWCA IS NOT LIABLE FOR ANY CLAIM BY ANY THIRD PARTY, NO MATTER WHAT THEORY OF LIABILITY IS ASSERTED. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF ANY PRODUCT OR SERVICE, UWCA IS NOT LIABLE OR RESPONSIBLE FOR ANY CLAIMED DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT OR SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS; HOWEVER, THE INTENT OF UWCA IS TO LIMIT ITS POTENTIAL LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY LAW.

14. Arbitration Clause. Except as otherwise specified in this terms of use page, all actions, disputes, claims and controversies under common law, statutory law or in equity of any type or nature whatsoever, whether arising before or after the purchase or use of any product created or distributed by UWCA, and whether directly or indirectly relating to: (a) this Agreement and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between the parties; and/or (c) any other relationship, transaction or dealing between the parties (collectively the “Disputes”), will be subject to and resolved by binding arbitration pursuant to the Arbitration Rules of U.S. Arbitration & Mediation, (www.usam.com). Any award or order rendered by the arbitrator may be confirmed as a judgment or order in any state or federal court of competent jurisdiction, which includes within the federal judicial district of the residence of the party against whom such award or order was entered. Users of this website, materials, and platform understand their use constitutes agreement to arbitration and they subsequently waive their right to legal action in a court of law.

15. Venue for Legal Action. In any legal action in any way arising out of your use of this site, you agree that the exclusive venue shall be in the County or District Court of Alachua County, Florida, or, if federal jurisdiction is mandatory, in the U.S. District Court for the Northern Florida District in Gainesville.

16. Site Maintenance.  You agree that the maintenance of this site by UWCA does not constitute the transaction of business in any state other than Florida. 

17. Governing Law. The laws of the State of Florida govern these Terms of Use and any issues arising out of them or your use of this site.

18. Severability. If any clause or provision of these Terms of Use is held to be invalid, in whole or in part, then the remaining clauses and provisions, or portions thereof, shall be and remain in full force and effect.

19. Captions. The captions of each section are for convenience only and shall have no effect in the construction of any provision of these Terms of Use.

20. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and conditions hereof shall not be deemed a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. No waiver shall be valid unless in writing and signed by an authorized officer of UWCA.

21. Communications. Any communications made through Our forums, articles, article comments, groups, newsletter sign up or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails or other media as allowed by United States law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. 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.

If you send comments or suggestions about the website or products to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

22. Additional Disclaimers. Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website, companies, staff, vendors, and related individuals for any direct or indirect loss or conduct incurred as a result of Your use of Our website, courses, materials, and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal or financial questions, You should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

While Companies may offer discounts or offers at various times, these discounts or offers may be terminated or amended at any time without explanation or warning. Sales, discounts, and offers will not be retroactively applied to past purchases.

Our Content may contain references or links to materials from third-parties.  Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let us know, please email us at hello@adventureinsteadacademy.com 

23. Advertisements and Affiliate Disclaimer. While UWCA does coordinate promotional discounts and code for participants, we do not necessarily endorse or recommend any of the goods or services advertised on or through our websites. We believe in professionals finding the right tools for their business and what works for us may not work for you. We do not necessarily endorse or recommend any affiliates using our services. UWCA does have affiliations with third parties such as vendors for which it earns commissions from sales. You should assume a link to a product from an outside vendor is an affiliate link. Please note, these affiliations include promotional discounts to the end user and UWCA does not endorse or recommend any specific products or vendors without a promotion or offer to the purchaser.

24. Use of Materials Disclaimer. Companies make no income/financial claims, nor guarantees of any kind regarding the potential income that can be generated through Our website, communications, or your participation in the purchase of any of our products. Past results presented on the website are not an indication or promise of Your results. There is no guarantee You will earn any money using any of Our materials, and Your revenue is dependent solely on you and your actions or non-actions.

25. Termination. If at any time We feel You have violated these Terms and Conditions, We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Companies sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

26. Entire Agreement. The information contained herein constitutes the entire agreement between site users and Our companies relating to the use of this website.

Consent

By using this website, You hereby consent to these Terms and Conditions of Use.

If you require any more information or have any questions about these Terms and Conditions of website use, or the included Privacy Policy, please feel free to contact us by email at will@waterbearphotography.com

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