Participant Agreement, Release & Assumption of Risk
Please complete the required fields and read the following information carefully.
Please complete the required fields and read the following information carefully.To participate in a Epic Photo Tours photography tour, you are required to read through the following liability waiver, and having done so, acknowledge your full agreement with the electronic signature below. This is required prior to paying your workshop deposit on line.
Should you choose to pay your deposit by sending a wire or check, you are required to download this form and mail it directly to the following address in order to secure your place in the workshop.
Herb Leventon, 155, West 68th St, Apt 529, NY, NY 10023, USA
1. Depending on the nature of the photography tour, you may also receive another liability waiver from a professional guide service outfitting the trip. You will be required to sign and return that form as well in order to participate in the program.
2. By choosing to attend a Epic Photo Tours Tour, you are accepting certain risks. Your application shall serve as a release of our liability and a complete assumption of all risks by you and your heirs, administrator, executor, successors, and assign for all family members. By accepting our terms of service with the signature of this waiver, you fully acknowledge that you are aware that travel, wherever it may be, and by whatever means, involves some inherent risk of injury, illness, death, loss, or damage to personal property, which may be caused by acts of nature, negligence or actions of others.
3. In consideration of, and as part of the payment for your participation in a program, workshop, excursion, expeditions, other activities, or any program that Epic Photo Tours, or their assigns, may be conducting, you are voluntarily releasing Epic Photo Tours, their employees, assigns, independent contractors, or anyone involved thereof, from any damages, liabilities, costs, damage to or loss of equipment of other valuables, injuries whether mental or physical, known or unknown, and by participation you agree to assume all risks yourself, whether known or unknown. You acknowledge that your choice to travel to areas that may be remote, foreign, mountainous, wilderness, wild rivers, remote deserts, all of which may not be maintained to the standards to which you are accustomed, may therefore involve certain additional risks, dangers, and inconveniences including, but not limited to, terrorism, forces of nature (force majeure), wild animals, hotel accommodations, airplane, vehicles, trains, boats, roads, walkways, trails, and other means of conveyance or other unknown risks. You acknowledge that medical services and facilities may not be readily available during all or part of the trip, including medical care, presence of physicians, and medication. We assume no liability for medical care. We assume no liability for dietary requirements you have.
4. Your application and the payment of your deposit signifies your full understanding and agreement that you release and hold harmless Epic Photo Tours, its officers, agents, sponsors, associates, sub-contractors, from any and all liability, actions, causes of actions, claims, debts, and demands of every kind whatsoever, known or unknown which may arise in connection with your participation in any activities arranged by them without limitation, all liability, actions, causes of action, claims, debts, and demands related to the negligence of said persons.
5. You also acknowledge that you understand that travel with a group invariably involves compromise in order to accommodate the diverse desires, travel goals, personalities, and physical abilities of group members. You also agree that while itineraries are carefully planned, they are not a guaranteed schedule of activities, events, or participation, but only an intended guideline subject to available conditions on location. Group participants must allow for flexibility and changes deemed necessary by the program leader or professional guides, according to situations that may arise beyond our control, including but not limited to geographic, climatic, physical, or governmental restrictions that will cause further changes in timing, locations, and activities. In acknowledging this, you further agree that there will be no discounts or refunds for activities curtailed or otherwise affected by such circumstances.
6. You have assumed the responsibility to select an activity appropriate to your physical abilities and interests. You are personally responsible for being in sufficiently good health to undertake the activity. By submitting this signed application and by your deposit, you accept our terms of service, and you certify that you do not knowingly have any physical or other considerations of disability that would create a risk for you or other participants. We reserve the right to request a doctor's statement of good health.
7. You will be responsible for studying all pre-trip information; for bringing all equipment, personal items, and appropriate clothing; for conforming to standards of dress and hygiene; and for acting in a manner considerate of fellow participants, locations and environments, models, and locations. We reserve the right to cancel any activity and to accept or reject any person as a member of any activity at any time before or during the workshop for which you are applying. The program, workshop, expedition, excursion, or trip leader’s judgment shall provide the ultimate determination of an individual's ability to participate in, or continue to participate in, any activity or program. In acknowledging this, you further agree that there will be no discounts, refunds, or cost reimbursements resulting from activities curtailed or otherwise affected by such circumstances.
8. You acknowledge that travel to foreign countries entails unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to yourself, to property, or to third parties. You understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: the hazards of walking on uneven terrain (cobblestones) and slips and falls, street mugging's, hijacking, your own physical condition.
9. You expressly agree and promise to accept and assume all of the risk existing in this activity. Your participation in this activity is purely voluntary, and you elect to participate in spite of the risks.
10. You hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Epic Photo Tours from any and all claims, demands, or causes of actions, which are in any way connected with your participation in this activity, including any such claims which allege negligent acts or omissions of Epic Photo Tours.
11. Should Epic Photo Tours or anyone acting on their behalf, be required to incur attorneys' fees and costs to enforce this agreement, you agree to indemnify and hold them harmless for all such fees and costs.
12. You certify that you have adequate insurance to cover any injury or damage you may cause or suffer while participating, or else you agree to bear the costs of such injury or damage yourself. You further certify that you are willing to assume the risk of any medical or physical condition you may have.
13. In the event that you file a lawsuit against Epic Photo Tours, you agree to do so solely in the state of Connecticut, and you further agree that the substantive law of Connecticut shall apply in that action without regard to the conflict of law rules of that state. You agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.