Photography Workshop Terms & Conditions
In consideration of being given the opportunity to participate in a Chris Byrne Photography, LLC / Destination Earth Photo Tours LLC (the “Company”) photography workshop (“Workshop(s)”), you, for yourself, your personal representatives, assigns, heirs, and next of kin, intending to be legally bound, do hereby agree to the following terms and conditions:
LIABILITY WAIVER. You hereby unconditionally waive, remise, release and forever discharge the Company and each of its respective individual, joint or mutual, past or present officers, owners, directors, managers, employees, volunteers, sponsors, advertisers, agents, attorneys, affiliates, partners, members, controlling persons, parent corporations, subsidiaries, successors and assigns, and, if applicable, owners and lessors of premises on which a Workshop takes place (individually, a “Releasee” and collectively, “Releasees”) from any and all damages, losses, injury, manner of actions, causes of action, suits, claims, counterclaims, demands, proceedings, orders, obligations, contracts, agreements, promises, covenants, defenses and liabilities whatsoever, whether known or unknown, suspected or unsuspected, both at law and in equity, which you may hereafter have against the respective Releasees arising in connection with your participation in a Workshop, including, without limitation, by reason of negligence of the Releasees.
ASSUMPTION OF RISK. You fully understand that: (a) Workshops are conducted in outdoor environments, and that accordingly you, your camera and other photography equipment may be exposed to dangers and hazards both natural and man-made; (b) Workshop activities involve risks and dangers of serious bodily injury (including permanent disability, paralysis, death or other loss) or damage or loss to your camera, photography equipment or other personal property, including, without limitation, by reason of (i) travel to and from Workshop locations, (ii) the locations or premises on which a Workshop is conducted, (iii) dangerous, uneven or unmarked terrain, (iv) the decision-making and conduct of a Workshop’s staff members, volunteers, and/or contractors, (v) your actions, or actions of co-participants or unaffiliated third-parties, (vi) weather, (vii) wildlife, and/or (vii) your personal health, fitness and endurance (whether or not such health and fitness was disclosed to the Company or the Releasees); (c) these activities, risks and dangers may be caused by your own actions or inactions, the actions or inactions of other individuals participating in a Workshop, the conditions under which the Workshop takes place, or the negligence of the Releasees; and (d) there may be other risks and social and/or economic losses either not known or not readily foreseeable at this time (collectively, the foregoing are referred to as the “Risks”). You fully acknowledge, accept and assume all such Risks and all responsibility for losses, costs, injuries and damages you incur as a result of your participation in a Workshop. Further, you acknowledge, agree and represent that you understand the nature of Workshop activities and the Risks, and that you are qualified, in good health, and in proper physical condition to participate in a Workshop.
INDEMNIFICATION. You further hereby agree to indemnify, hold harmless and defend the Releasees from and against any liability or claims therefore and any costs (including reasonable attorneys’ fees) incurred by the Releasees with respect to any and all actions or claims, including, without limitation, for death, bodily injury or property damage, brought by or on behalf of you, your spouse, a family member, or any other third-party, for any injury, damage, death or other loss in any way connected with your participation in a Workshop.
MODEL RELEASE AND TESTIMONIALS. You grant permission the Company to use my image, name, and likeness in all media for marketing purposes and advertising. Specifically images captured of you during any workshop and testimonials you may provide, without compensation or inspection rights.
ACKNOWLEDGMENT. By participating in a Workshop, you acknowledge that you have read in its entirety, fully understand, and agree to the terms of this Agreement, intend it be a complete and unconditional release of all liability to the greatest extent allowed by law, and agree that if any portion of this Agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
