WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in Photography Tour/Workshop (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrator, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Cody Downard dba Cody Downard Photography, located at 4350 W. Sweet Home Dr. Victor, Idaho 83455, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in the Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcome may arise from my own or others' negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both know and unknown to me, of my participants in this Activity, including travel to, from and during the Activity.
I agree to indemnify and hold harmless Cody Downard dba Cody Downard Photography against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Cody Downard dba Cody Downard Photography incurs any of these types of expenses, I agree to reimburse Cody Downard dba Cody Downard Photography.
I acknowledge that Cody Downard dba Cody Downard Photography and their directors, officers, volunteers, representatives and agent are not responsible for errors, omissions acts or failures to act of any party or entity conducting a specific event or activity on behalf of Cody Downard dba Cody Downard Photography.
I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I acknowledge that I have carefully read this "waiver and release" and fully understand that it is a release of liability. I expressly agree to release and discharge Cody Downard dba Cody Downard Photography and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Cody Downard dba Cody Downard Photography for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Cody Downard dba Cody Downard Photography, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant:__________________________________________, and Cody Downard dba Cody Downard Photography agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of the Agreement, but that will be interpreted based on the language in accordance with the purposed for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
In the event of an emergency, please contact the following person(s) in the order presented:
I the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will.
Parent/Guardian Waiver for Minors
In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian, as follows:
I hereby certify that I am the parent of guardian of__________________________________________, named above and do hereby give my consent without reservation to the foregoing on behalf of this individual.
Parent or Guardian Name:
Relationship to Minor:
Reservation Request Form
Deposit will be taken upon reservation confirmation. Cody will email you to finalize trip/time/date. Balance is due prior to departing on your tour or workshop. Please call or email Cody with any questions. (307) 699-3394. email@example.com
Terms and Conditions:
Workshop costs include: Photography sessions, transportation during workshop, professional instructor/guide Cody Downard, organic snacks/water.
Costs not included: Transfers from airport, hotel, food, drinks, gratuities, travel/baggage/accident/cancellation insurance, personal costs
Airfare: Costs are not included. Participant is responsible for making their own arrangements to arrive in Jackson for the start of the workshop.
Hotel: Costs are not included unless otherwise noted in Workshop inclusions.
Reservations: Due to the popularity of this workshop, making an early reservation is recommended. You can reserve a spot by calling Cody Downard Photography at (307) 699-3394. We accept credit cards or personal checks. Make checks payable to “Cody Downard”. Payments can be mailed to: Cody Downard, 4350 W Sweet Home Dr. , Victor, Idaho 83455.
Cancellation Policy: If you cancel within 120 days or more before workshop/tour, a refund less a cancellation fee of 50% of your initial deposit will be made. Per person charges for cancellations received 120 days or less from the workshop/tour start date are as follows: 120-101 days- 35% of workshop/tour cost; 100-81 days-50% of workshop/tour; 80-61 days-65% of workshop/tour; 60 or fewer days prior to workshop/tour-100% of workshop/tour cost. We strongly recommend that you purchase of travel insurance covering baggage, accident/life and trip cancellation. Cody Downard Photography reserves the right to cancel any group due to insufficient registration. In the event of such cancellation, those with reservations shall be notified as soon as possible and a full refund of trip payment will be given. Cody Downard Photography is not responsible for additional expenses incurred in preparation for a trip. Payment of deposit represents an acceptance of the following terms and conditions: Cody Downard Photography, its affiliates and all cooperating agencies act only in the capacity of agents in all matter of transportation and tour operation, and their liability is limited to the terms of the tour/workshop contracts. They are not responsible for any delays, inconveniences, accidents, expense or mishap of any kind whatsoever resulting entirely, or in part, from the negligence of others or from causes beyond their control. They can accept no responsibility for losses or additional expenses due to delay or changes in air or other services, sickness, weather, strike, riot, war, quarantine or other causes. All such losses or expenses must be born by the participants as program rates provide for arrangements only for the time stated. The right is reserved to substitute hotels of similar category for those indicated and to make any changes in the itinerary where deemed necessary or caused by changes in air schedules, weather or naturally occurring geological events. Baggage is at owner’s risk entirely. No refund can be made for unused hotel rooms, meals, sightseeing trips or tours unless arrangements are made at the time of booking. The right is reserved to decline to accept or to retain any person as a program member for any reason which affects the operation of the program or the rights, welfare, or enjoyment of the other program members, and refund or the recoverable land program services is the limit of the liability of Cody Downard Photography and its affiliates.
Cody Downard Photography | (307) 699-3394 | firstname.lastname@example.org
Copyright Cody Downard. All rights reserved. Authorized Permitee of the National Park Service.
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