Terms, Conditions and Liability Limitations For the Sedona Photography Symposium
The Sedona Photography Symposium (“Symposium”) is presented by the Sedona Camera Club, Inc. (“Club”), a 501(c)(3) non-profit corporation dedicated to providing educational opportunities for photographers of all skill levels.
The Club, its Board, committees, instructors, leaders, cooperating agents, independent contractors, paid staff, agents, and volunteers are not liable for:
-events beyond its control, such as, but not limited to:
o inclement weather, lightning, high wind, rain, hail, mud and possible flash flooding,
o problems with travel to or from the Symposium, baggage loss, or damage before, during, or after the event,
o the loss, damage or theft of photographic equipment or equipment failures, etc.
· encounters with the desert environment, including, but not limited to, venomous snakes and other dangerous wildlife, or native desert plants with thorns, etc.
· your personal travel over uneven surfaces, including those consisting of loose gravel and rocks, slick and slippery rocks, holes and eroded surfaces
· injury, medical emergency or fatality arising from participation in the Symposium or any of its events. This includes, but is not limited to: sprained ankles, broken bones, cuts and bruises, dehydration, heart attacks, snake or bug bites, trauma, etc. Participants must accept full responsibility for their own well being at all times and accept these and other risks from participating in these events.
· injury, loss or damage to person or property in connection with any service resulting directly or indirectly from acts of God, detention, annoyance, delays and expenses arising from quarantines, strikes, thefts, pilferage, acts of terrorism or failure of any means of conveyance to arrive or depart as scheduled, civil disturbances, government restrictions, discrepancies or change in transit or hotel services over which it has no control.
· any “no show” or tardiness. Each participant is responsible for being at designated meeting places at the designated time with their equipment. If not, and the group proceeds without you, no refund will be issued for any registration fees for the day(s) and time(s) of the non-participation.
· Each participant certifies that they are physically fit and capable of participating in outdoor photography in field locations and are fully aware of any and all associated risks.
· We reserve the right to change or cancel either the schedule or events as planned should conditions necessitate. In such case, we will provide a refund of the event fee that the participant acknowledges as a full and final settlement
· In the event of the cancellation of the Symposium or any of its events, the Club will not reimburse any airline ticket fees, car rental fees, hotel reservations or any other expenses associated with participation. We recommend that you purchase refundable airline tickets, car and hotel reservations. We also recommend that you acquire travel and camera equipment insurance.
We understand that plans can change. In that event, you may request a refund in writing. The following schedule applies to all refunds, regardless of reason:
– 91 days or more out from the event: a FULL refund minus a 10% administrative fee + the ticketing and processing charges from our ticketing agent.
– 0-90 days out from the event: No refund.
There are no exceptions to this policy. We strongly suggest you purchase travel insurance, refundable airfare, rental car reservations, etc.
We won’t share your personal information with anyone unless we are legally obligated to do so or for a medical emergency.
By registering for, or participating in, any activities or programs of the Sedona Photography Symposium, I understand and agree that my photographic image may be taken during those activities or programs, and I grant my permission to the Club to use and share images of myself in all print and electronic materials and media for purposes of publicizing, promoting, documenting, or operating the Symposium. By agreeing to this grant, I release and indemnify the Club from any claims or damages that may result from the Club’s use of images of me.
RELEASE OF LIABILITY:
I hereby RELEASE the Club FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that may occur to me or to any other person or to any property during the Symposium or in any way related to the Symposium. This release includes, but is not limited to, claims for the negligence of the Sedona Photography Symposium and claims for strict liability for abnormally dangerous activities. This release does not extend to claims for gross negligence, or any other liabilities that Arizona law does not permit to be excluded by agreement.
INDEMNIFICATION HOLD HARMLESS AND DEFENSE:
I agree and promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Club against any and all claims to which the Release of Liability section of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Club against any and all claims made by any person, including myself for my own negligence, and including but not limited to any claims made by any insurance company or healthcare provider that sues the Club for damages or other legal equitable relief or for any form of indemnity in any court or before any arbitrator, arising out of my participation in activities of the Symposium, as well as any other claim arising from my conduct during the Symposium. In accordance with these promises, I will reimburse the Club for any damages, reasonable settlements and defense costs (including but not limited to attorney’s fees, court fees, deposition costs, postage, photocopy expenses, as well as messenger, telephone and facsimile transmission costs), that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
INFORMATIONAL ADDENDA, OTHER FORMS AND TERMS:
I have carefully read this Release Form and all information on the Sedona Photography Symposium website, which is required for me to read and understand before obtaining this Release Form. The information was helpful to me in appraising me of the potential risks I may encounter at the Sedona Photography Symposium.
PURPOSE OF AGREEMENT AND SEVERABILITY:
I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by Arizona law. I agree that if any provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision shall be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the Agreement.
APPLICABLE LAW AND FORUM:
This agreement is governed by and shall be construed in accordance with the laws of the State of Arizona, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Symposium shall be brought only in the Arizona State Courts in Yavapai County, Arizona, or in the U.S. District Court for the District of Arizona, and I agree to the jurisdiction and venue of those courts for any such dispute.
PHYSICAL REQUIREMENTS DISCLAIMER
Each participant in a field experience through a Field Outing, 3-Day or 1-Day Workshop or any other workshop must be in good physical condition and able to walk 2 miles on uneven and rocky surfaces with approximately 300 ft. of elevation change. It is imperative to have sturdy hiking boots and to carry adequate water for yourself. Energy bars are recommended, as is sun protection for you. You are responsible to protect your equipment against inclement weather.
The Club reserves the right to refuse service to anyone at any time and that these policies are subject to change at any time.
By registering for and attending this Symposium and/or any of its events, each participant acknowledges that they have read the above and thereby release the Club, its Board, committees, instructors, cooperating agents, paid staff and volunteers from any liability. No oral representations, statements or other inducements to acknowledge this release have been made apart from what is contained in this document.
I hereby freely assume the above mentioned risks and any harm, injury or loss that may occur to me or my property as a result of my participation in the Symposium.