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1. This liability waiver (“Waiver”) is made effective on this date as signed by you as named on this form as above and between (“you”) and Dan M Lee Photography, Corp (the “Company”).
2. In exchange for booking and participating in the activities hosted and/or planned by the Company (including photography workshops, photography lessons, fly fishing, kayaking and hiking, the “Activity”), you hereby agree to release and forever discharge the Company and its affiliates, successors, assigns, officers, employees, representatives, partners, agents and anyone claiming through them (collectively, “Company Representatives”), in their individual and/or corporate capacities, from causes of action of any nature and kind, known or unknown, which you may have against the Company or any Company Representatives arising out of or relating to any injury, loss or damage of any kind to person or property that may be sustained as a result of participating in the Activity.
3. You understand that an accident or injury may occur while participating in the Activity and that participating in the Activity involves inherent risks, including risks of physical or phycological injury, pain, harm. You assume all related risks, voluntarily participate in the Activity, and understand that the Company assumes no responsibility for any damage, liability, claim, or lawsuit related thereto.
4. You understand and acknowledge that: (i) all accommodations, flights, and boat tours are provided by local vendors and not the Company, and (ii) you must have travel insurance to participate in the Activity and must provide proof of said travel insurance to the Company, before arranging/booking with the Company.
5. You hereby grant to the Company and the Company Representatives the perpetual right to use your image, likeness, name, face, or profile free of charge, in whole or in part, in any media and for any purpose in connection with any marketing and promotion activities.
6. You understand and acknowledge that any equipment you borrow, rent and/or lease is done at your own risk. The Company has no responsibility, financially or otherwise, for any such equipment, all equipment is owned by the local vendors and are responsible for the upkeep and maintenance of such equipment or items rented, borrowed for money reward or not.
7. By signing this Waiver, you hereby represent and warrant that you are in good health and can participate in the Activity, including but not limited to hiking and walking. You must provide proof that you are medically fit to participate in the Activity. Furthermore, in the event you have any heart conditions, you must provide a letter from a Board Certified Physician that you are fit to participate in the Activity.
8. You agree to indemnify the Company and Company Representatives against any and all claims, actions, lawsuits, damages, and judgements, including attorney’s fees, arising out of, or relating to your participation in the Activity. This Waiver shall not be in any way construed as an admission of the Company of any liability and/or responsibility.
9. This Waiver shall be binding upon the parties and their respective successors and assigns. Should any provision of this Waiver be held to be invalided or unenforceable, it shall not affect the validity or enforceability of any other provision.
10. This Waiver constitutes the entire agreement between the parties and supersedes any prior oral or written agreements or understandings between the parties concerning the subject matter of this Waiver. This Waiver may not be altered, amended, or modified, except by a written agreement by both parties.
11. This Waiver shall be governed by and construed in accordance with laws of the State of New York and the parties submit to the exclusive jurisdiction of the courts of the State of New York in relation to all matters pertaining to or arising out of this Waiver.
You hereby acknowledge that you are freely, knowingly, and voluntarily entering into this Waiver and have carefully read and fully understand all of the provisions herein.
By clicking the tick box and submitting the form you agree you are legally bound to these terms.