© 2019 by Arizona Photo Adventures

Tour Agreement and Waiver of Liability

I am a participant, and/or the parent or guardian of a participant, of a tour (hereafter, “Activity”) offered by Arizona Photo Adventures, LLC. For myself, my heirs, personal representatives or assigns, I acknowledge the following:

 

Waiver

I understand and acknowledge that the hiking/sightseeing/photography trip (referred to hereinafter as the “Activity”) I am undertaking is physically and emotionally demanding and involves significant risks and hazards, such as hypothermia, joint injuries and even drowning. I am fully capable of participating in this activity, and will and do assume the risk of mortal or serious accident, injury and property damage or loss of equipment.

 

In addition to the risks inherent in hiking, wilderness adventuring and cold-weather travel have numerous unpredictable hazards and stresses. I am voluntarily and willingly choosing to engage in the Activity and I fully understand and accept the risks associated with it. I also understand that while my instructors, guides and leaders may have first aid training, they are not trained in extensive emergency medical procedures and that in the event of a serious medical emergency, treatment may be several hours away. I give my permission to the guides, instructors, and other participants on this trip to seek emergency medical treatment for me, even in the event that I am unconscious or can’t otherwise consent.

I agree to exercise all necessary caution during any instruction and on any trip and to obey the safety requirements of those assisting me. I also agree to inform Arizona Photo Adventures, the guides and instructors of any significant aspects of my physical condition or medical history that might increase the risk to myself or others. I understand that I (or my personal health, homeowners or accident insurance) will cover any costs or other liabilities I may incur during the Activity, and I agree to be responsible for any equipment loss or breakage.

In consideration of being permitted to participate in the Activity, I do hereby release, waive, discharge, and covenant not to sue Arizona Photo Adventures, LLC, its representatives, officers, employees, and agents for liability from any and all claims resulting in personal injury, accidents or illnesses (including death), and property loss or damage arising from, but not limited to, participation in the Activity.

Activity Changes, Rejection and Cancellation

I also understand that while itineraries are carefully planned, they are not a guaranteed schedule of activities, events, or participation, but only a guideline and example. Group participants must allow for flexibility and changes deemed necessary by the program leader or professional guides. There may be situations beyond Arizona Photo Adventures, LLC’s control due to geographic, climatic, physical, or governmental restrictions that will cause further changes in timing, locations, and activities. I understand that there will be no discounts or refunds for activities curtailed or otherwise affected by such circumstances.

Arizona Photo Adventures reserves the right to cancel any activity and to accept or reject any person as a member of any activity. The program, tour, 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.

Indemnification and Hold Harmless

I also agree to indemnify and hold Arizona Photo Adventures, LLC, its representatives, officers, employees and its agents harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in Activity, and to reimburse Arizona Photo Adventures, LLC for any such expenses incurred.

If I choose to drive with Arizona Photo Adventures, LLC in their car, or any other type of vehicle, rented or otherwise secured, to, from or during the Activity, I understand that I do so at my own risk and that neither my heirs nor I can hold them responsible for any property loss, injuries, or death, incurred.

 

Commercial Use

I understand that if I am going to use any of the photographic images I take during the Activity for commercial purposes, that it is my responsibility to obtain appropriate permissions for their usage, and I agree to indemnify and hold Arizona Photo Adventures, LLC harmless from any and all claims relating to said images.

Photography Release

By my initials below, I agree to allow Arizona Photo Adventures, LLC to use any images or video footage of me or my likeness taken by them during this Activity, for promotional and/or advertising purposes for perpetuity and without other limitation or compensation whatsoever.

Initials:

 

I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature, on behalf of myself and all minor participants identified below, to be a complete and unconditional release of all liability to the greatest extent allowed by law.

Print Adult Participant Name: _________________________

 

Print Minor Participant Name(s): _______________________

 

Address: __________________________

 

E-mail Address: _____________________

 

City, State, Zip: ______________________

 

Date: ____________________________

 

Phone: ___________________________

 

Signature of Adult Participant (or parent or guardian):

_____________________