Acknowledgment and Assumption of Risk, Release and Indemnification Agreement, Covid-19 Waiver of Liability and Covid-19 Guidelines.
BY SIGNING THIS WAIVER YOU ARE AGREEING TO ALL RISK FACTORS. PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE SIGNING.
All participants must sign the Participant Release that accompanies this Document. For participants under 18 yrs. of age, parent(s) or legal guardian(s) must also sign. Hereafter, Participants under 18 yrs. of age may be referred to as ‘minor’ or ‘child,’ parent(s) and guardian(s) will be referred to collectively as ‘parent(s),’ and ‘I”, and references to ‘participant’ or ‘I’ include both adult and minor participants. In consideration of the services of Adirondack Photography Institute, a sole-proprietorship organized and existing under the laws of New York, its officers, agents, servants, employees, independent contractors, and all other persons or entities associated with it (collectively referred to in this Document as 'API'),participant and Parent(s) of a minor participant, acknowledge and agree as follows:
In addition to staff-lead activities, API contracts with independent contractors (not employees or agents of API) to conduct certain activities participant may be engaging in. Although API has made reasonable efforts to locate responsible contractors, these contractors work independently. API does not supervise or control these independent contractors and is not legally liable or responsible for their conduct.
ACKNOWLEDGMENT & ASSUMPTION OF RISKS
API tour, instructional workshop and seminar activities include walking on roadways, riverbeds, lakeshores, uneven and varied wooded, rocky, mountainous and other rugged and difficult terrain and involve vehicular travel in Participant’s own vehicle to and from activities (referred to in this Document as 'activities' or 'these activities'). I (and my Parent(s), if I am a minor) acknowledge that participating in these activities involves inherent and other risks, hazards and dangers that can cause or lead to personal injury, death, illness, mental or emotional trauma, disability or property damage or loss to participant or others.
I specifically understand that, during the course of the activity I am about to undertake with API, I will be walking in areas which are dangerous, and in which I could damage or lose my equipment, fall and seriously injure myself, or even die. Such areas include, but are not limited to: the sides of roadways on which traffic moves at a high rate of speed, wooded areas, areas along the side of or in lakes, rivers and waterfalls, areas which have sharp and steep drop-offs such as cliffs or overhangs, steep terrain with unstable footing, rocky areas, areas with exposed roots, uneven terrain and footing, exposed rocks and other areas which may be dangerous to walk on and present a risk of falling; and that some of the time spent in these areas may be in darkness or near darkness either before sunrise or after sunset, where visibility may be limited or which may be in total darkness. I understand that snow and or ice may be present on the surfaces over which I will be walking during these activities. I also understand that I will be carrying my own equipment (which may be heavy and cumbersome) to, from, and within, such areas. I understand that there are wild animals present in some or all of these areas which, amongst others, may include bear, mountain lions, moose, coyotes, etc. I also understand that, in some times of the year, the areas in which the activities I am about to participate in may be frequented by hunters with guns or bows and arrows who may be hunting in the vicinity in which I may be undertaking activities with API. I represent that I am physically fit; that I have no condition that would impede my ability to navigate such terrain or participate in said activities safely; and that I have been advised by my doctor that I may participate in such activities, and that I am familiar with walking or otherwise traversing the terrain referred to above. I understand that I need to wear boots or other hiking shoes which are adequate for walking in the terrain and conditions referred to above. I understand that API personnel are photography instructors and not hiking, climbing, mountaineering or other types of guides.
Participant is voluntarily participating in Activity with knowledge of the risks and accepts full responsibility for the inherent and other risks (both known and unknown) of these activities, and for any injury, damage, death or other loss suffered by participant as a result of these activities.
I have accurately completed all required application, registration, and medical forms and reviewed and understand all this document and all API program information and materials received. API representatives and additional information are, and have been available, should I have further questions about the nature and physical demands of these activities and the risks, hazards and dangers associated with these activities. API staff, leaders or other personnel cannot, and do not, assure participant's safety or eliminate these risks.
In consideration for receiving permission to participate in the Activity, Participant will, and hereby does, hold harmless and indemnify API, its officers, agents, servants, employees, volunteers and independent contractors, against any and all claims and actions arising out of the participation of the Participant in the Activity, including, without limitation, judgments, fines, settlements, and any attorney’s fees and other expenses actually and reasonably incurred, in connection with any liability, suit, action, loss, or damage arising or resulting from the Participant's participation in the Activity.
In consideration for receiving permission to participate in the Activity, Participant hereby releases and covenants not to sue, API, its officers, agents, servants, or employees, volunteers and independent contractors (hereinafter referred to as releasees) in connection with any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Participant, or any of the property belonging to me, whether caused by the negligence of releasees, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.
This Release and Indemnity Agreement and all other portions of this agreement includes any losses caused or alleged to be caused, in whole or in part, by the negligence of API (but not its gross negligence or intentional or reckless misconduct), and includes claims for personal injury, property damage, wrongful death, breach of contract or otherwise.
It is Participant’s express intent that the terms of this document shall bind the members of Participant’s family and spouse, and my heirs, assigns and personal representative.
This Document and all other aspects of my relationship with API are governed by the substantive laws of the State of New York, and that any mediation, suit, or other proceeding must be filed or entered into only in New York. Any portion of this Document deemed unlawful or unenforceable shall not affect the remaining provisions and those remaining provisions shall continue in full force and effect.
API reserves the right to remove any participant from the program, who staff or leaders believe, in their discretion, presents a safety concern or medical risk, is disruptive, or acts in any manner detrimental to the program. If participant is dismissed or departs for any reason, participant (and his/her family) are responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise. These costs include, but are not limited to medical evacuation and costs, plane, train or taxi fare, accommodations, and costs and compensation for staff accompanying participant. There will be no refunds of any amounts paid or due API in the event of removal, dismissal or voluntary departure from the activity.
COVID-19 Workshop Guidelines
It is requested that masks be worn at all times indoors, except when eating, as well as outdoors when social distancing is not possible.
Social distancing of at least 6 feet is requested at all times possible.
To maintain proper social distance, instructional sessions normally held in meeting rooms, may be done in the field and/or on-line. On-line sessions would be held through Zoom or Skype. Participants are asked to download these applications to the computer they'll use at the workshop and become familiar with their use before the workshop. The instructors can provide guidance on using them and will send invitations to the meetings.
Transportation During Workshops
In accordance with social distancing guidelines, it's likely that participants will use their own vehicles during a workshop. Consequently, parking limitations may restrict the locations we are able to visit.
Restaurants and other food service providers may still be impacted by Covid-19 restrictions, therefore limiting our meal choices. Also, we may not eat together in restaurants, but opt for take-out and eat outdoors or in a room large enough for us to social distance as well as in the case of inclement weather.
Covid - 19 Waiver of Liability
Though the Adirondack Photography Institute and its instructors are taking prudent precautionary steps against the spread of the Covid-19 virus, participants will be required to sign a waiver releasing the Adirondack Photography Institute and the instructors from liability in contacting the Covid-19 virus. In addition, should a participant or instructor fall ill during the workshop, he or she may be asked to self-quarantine or leave the workshop.
We make these requests for the safety of our participants and instructors, their family and friends, and ask for everyone's understanding and cooperation. It is our belief that by all concerned adhering to them we can operate workshops in a responsibly safe manner. If you aren't comfortable with our requests, including use of a mask and social distancing, or if you become ill before or during a workshop, please contact us to discuss the situation. Thank you again.
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT In consideration for receiving permission to attend any workshop with The Adirondack Photography Institute (hereinafter the “Activity or Activities”), I, on behalf of myself and any minor child/children for whom I have the capacity to contract, hereby acknowledge and agree to the following: 1. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated and I accept full responsibility for familiarizing myself with the most recent updates. 2. Notwithstanding the risks associated with COVID-19, which I readily acknowledge, I hereby willingly choose to participate in Activities. 3. I acknowledge and fully assume the risk of illness or death related to COVID-19 arising from my being on the premises and participating in the Activities and hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE (on behalf of myself and any minor children form whom I have the capacity contract) the The Adirondack Photography Institute, their owners, officers, directors, agents, employees and assigns (the “RELEASEES”) from any liability related to COVID-19 which might occur as a result my being on the premises and participating in the Activities. 4. I shall indemnify, defend and hold harmless the RELEASEES from and against any and all claims, demands, suits, judgments, losses or expenses of any nature whatsoever (including, without limitation, attorneys’ fees, costs and disbursements, whether of in-house or outside counsel and whether or not an action is brought, on appeal or otherwise), arising from or out of, or relating to, directly or indirectly, the infection of COVID-19 or any other illness or injury. 5. It is my express intent that this Waiver and Hold Harmless Agreement shall bind any assigns and representatives, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of New York. I HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT. I ACKNOWLEDGE THAT THIS WAIVER WAS EXPRESSLY NEGOTIATED AND IS A MATERIAL INDUCEMENT THE PERMISSION GRANTED BY RELEASEES TO BE ON PREMISES AND PARTICIPATE IN THE ACTIVITIES. IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same. IN WITNESS WHEREOF, I have signed this Waiver and Agreement on this _____________________________ day of _______________________, 2020.