Acceptance of Terms & Conditions *
ACCIDENT WAIVER, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND ARBITRATION AGREEMENT (“Release and Agreement”)
LIABILITY RELEASE – By attending any photographic tour, workshop or class (“Tour”) hosted by Exotic Photo Adventures, LLC, (“EPA”) I acknowledge that I am assuming all the risks of participation in any and all activities associated with the Tour including but not limited to any risk that may arise from carelessness or negligence on the part of the Exotic Photo Adventures, Our employees, directors, agents, assigns, sponsors, organizers, sub-contactors or representatives, from dangerous or defective equipment or property owned, maintained or controlled by EPA, or because of their possible liability without fault. Further, this Release and Agreement incorporates by reference all the Terms and Conditions as set forth in the Terms and Conditions webpage. I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems that preclude my participation in this activity. I acknowledge that EPA, its sponsors, and organizers of the Tour in which I may participate will use this Release and Agreement, and that it will govern my actions and responsibilities at said activity. In consideration of my application and permitting me to participate in this Tour, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of EPA, and/or their directors, officers, employees, volunteers, representatives, agents or assigns, and the activity holders and sponsors, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity; (B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise. I acknowledge that they are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf. I acknowledge that this activity may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during this activity and that I will be personally responsible for any and all medical costs incurred. I understand while participating in this activity, I may be photographed or videoed. I irrevocably grant Exotic Photo Adventures, LLC and its designated Tour Operators and Tour leaders the right to take photographs and/or videos of my image or likeness during the operation of any Tour or part thereof and to allow my likeness to be used by EPA, our agents, assigns, subsidiaries, sponsors, organizers or authorized third parties, without compensation of any sort to me. Copyright in all photographs, video, and related materials (“Tour Materials”) created by me shall belong to me upon creation. I grant to the EPA, their owners, agents, assigns, third parties and subsidiaries, a non-exclusive, worldwide, irrevocable license to use any Tour Materials that I voluntarily provide to EPA in any media for the following purposes: editorial use, promotion of this editorial use, advertising and promotion of Photo Tours or Workshops offered by EPA or promotion of Photo Tours or Workshops led by Tour Leaders representing EPA. JURISDICTION AND ARBITRATION – This Release and Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Agreements shall be finally settled by arbitration in Fairfax County, Virginia, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. The maximum amount of recovery to which I may be entitled under any and all circumstances shall be the published cost of the Tour with Exotic Photo Adventures. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Release and Agreement, all parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Eastern District of Virginia. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of this Release and Agreement, including without limitation, this section. This Release and Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.