ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY, INCLUDING NEGLIGENCE
I agree to each and all of the following in connection with my participation in the photography workshop conducted by AMS Enterprises, LLC dba Shetzers Photography, herein after referred to as Shetzers Photography.
I understand that I am booking an outdoor photographic tour and I am responsible for my physical suitability for such a workshop, including consulting a physician before committing to the tour if I have any doubt of my ability to perform or safely complete any anticipated activity. I certify that I have read the Physical Requirement section of the photography workshop that I am registering for, and am of physical condition to achieve these requirements. I will disclose any medical or physical disability or limitation to Shetzers Photography in advance, including any changes in my health before any time prior to the workshop. I assume all liability and obligation for any death, illness or injury, or loss of or damage to baggage or personal property caused to or suffered my me or anyone else in relation to any medical condition or medication being taken by me that may affect my health or ability. I also understand that Shetzers Photography and its agents have the right to disqualify me from any trip activity, if in their judgment I am incapable of that activity or if my continued participation will endanger me and/or the safety of other participants.
2) Release and Assumption of Risk Agreement.
I acknowledge that during the workshop in which I am participating under arrangements of Shetzers Photography and its agents, certain risks and dangers may arise, including but not limited to: a) traversing uneven ground with or without photographic/video equipment in order to access off-road sites; b) transportations by automobile, boat, or other means of transit; c) natural hazards, such as but not limited to, steep cliffs, ice, snow, rivers, streams, hazardous footing, busy roadways, dimly lit building interiors and exteriors, wild animals, and poisonous vegetation. In consideration of the opportunity to participate in Shetzers Photography workshops, I have and do hereby assume all the above risks and will hold Shetzers Photography and its agents harmless from any and all liability actions, causes of actions, claims, debts, and demands of every kind whatsoever which I now have or may have, or which may arise in connection with my journey or participation in other activities arranged by me or for me by Shetzers Photography and its agents, except for the gross negligence or willful misconduct of Shetzers Photography and its agents. The terms of this Release and Assumption of Risk Agreement shall serve as a release and assumption of risks for my heirs, administrators, and executors.
3) Photography and Likeness.
Shetzers Photography reserves the right to take photographic or video records of the workshops, and of the participants, and of any likeness and comments made by workshop participants (unless specifically requested otherwise) and to use those records for trip reports, promotional and/or commercial purposes without recourse or compensation.
4) Agreement Not to Compete.
I agree not to participate in any activity that would directly or indirectly compete with Shetzers Photography workshops or tour locations for a period of five years from the date of this workshop without written consent from Shetzers Photography. I agree to not use site information on my own behalf for any monetary gain, or disclose the information to any third party for commercial purposes. This non-compete/nondisclosure agreement shall extend for a radius of twenty miles from each site location.
I understand Shetzers Photography will make every effort to adhere to the advertised itinerary but reserves the right to make alterations thereto without prior notice due to park regulations, weather conditions, and at their sole discretion.
6) Local laws and customs.
I agree to abide by all local laws, rules, restrictions, ordinances, and customs of each location. Failure to do so could result in my removal from the workshop with no refund of workshop fees. Shetzers Photography is not responsible or liable in any way for any law enforcement action against me during my trip.
7) Medical Waiver.
In the event of an emergency, I authorize Shetzers Photography and its owners, employees, instructors, agents, representatives and assigns to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for me or my minor child’s/ward’s immediate care and agree that I will be responsible for payment of any and all medical services rendered.
8) Trip cancellation by Shetzers Photography.
Shetzers Photography reserves the right to cancel any workshop for any reason. Shetzers Photography will be under no obligation or liability for any cancellation, interruption, delay, or alteration of or to any workshop caused by bad weather, technical or transportation problems, closure of stations, ports, or airports, or any other circumstances beyond the control of Shetzers Photography amounting to an Act of God or force majeure.
9) Participant cancellation/trip insurance. — WE STRONGLY RECOMMEND TRIP INSURANCE.
Because Shetzers Photography must pay fees for reservations and leases of accommodations and transportation needs of the group far in advance of the workshop, all paid tour fees are non-refundable, non-transferable and cannot be applied to a future workshop. Shetzers Photography runs small group workshops, and wants to ensure the workshops are not canceled due to participant cancelations thus impacting the participants who do not cancel. Therefore, we recommend trip insurance purchased from a third-party operator to protect your travel investment against medical emergencies, participant trip cancellations, trip interruption and delay, weather delays, missed connections, baggage loss or delay, and emergency evacuation and repatriation. All tour cancellations must be submitted in writing and must be paid by check or bank transfer.
I have carefully read this Assumption of Risk, Waiver and Release of Liability, Including Negligence. I am aware that both predictable and unpredictable risks are involved during the classes, workshops, tours and field outings conducted on behalf of Shetzers Photography. I hereby agree to assume all of those risks and to release and hold harmless all of the persons or entities mentioned above who through negligence or carelessness would otherwise be liable to me or to my heirs or assigns for damages, or to my minor child or to my child’s heirs or assigns.