Remaining balance: Wild Horses
In consideration of the services of Swingman Photo, his agents, other owners (named or un-named), affiliates, volunteers, participants, guides, employees and all other persons or entities acting in any capacity on his behalf, I hereby agree to release, indemnify and discharge Swingman Photo, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation with Swingman Photo entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, my property, or to third parties. I understand that suck risky simply cannot be eliminated without jeopardizing the essential qualities of the workshop.
- We often travel to locations that can include wet areas with rocks and leaves that appear more slippery than they seem. Slips can be common. Due to the nature of photography, many locations that we visit may be by the water or ocean and many risks occur near the water, especially when attendees are inattentive to their surroundings. Trips and falls may occur, especially in darker environments. In any event, if you are injured, you may require medical assistance, at your own expense. Furthermore, we may not be aware of a participant’s health or abilities.
- I expressly agree and promise to accept and assume all of the risks existing in this workshop. My participation in this workshop is purely voluntary, and I elect to participate in spite of the risks.
- I hereby voluntarily release and forever discharge and agree to indemnify and hold harmless Swingman Photo from any and all claims, demands, or causes of action, which are In any way connected with my participation in Swingman Photo’s workshops, including any such claims based upon damages caused or alleged to be caused in whole or in part by the negligent or omissions of Swingman Photo, his agents, volunteers, participants, guides, employees and all other persons or entities acting in any capacity on his behalf.
- Should Swingman Photo or anyone acting on his behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in this workshop, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- In the event that I file a lawsuit against Swingman Photo, I agree to do so solely in the state of Utah.
- If there are any disputes regarding the Agreement, I agree that such dispute shall be brought within one year of the date of the Agreement and will be determined by arbitration of my choosing pursuant to it’s Comprehensive Arbitration Rules and Procedures. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining shall remain in full force and effect.
- By signing this document, personally or digitally, I acknowledge that if anyone is hurt or property is damaged during my participation in this workshop, I may be found by a court of law to have waived my right to maintain a lawsuit against Swingman Photo on the basis of any claim from which I have released from herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.