Waiver
WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
This Waiver of Liability, Assumption of Risk, and Indemnity Agreement ("Agreement") is entered into by and between Steffen Foerster ("Workshop Leader") and the undersigned participant ("Participant") in connection with the wildlife photography workshop organized by Workshop Leader ("Workshop").
1. Assumption of Risk
Participant understands that participation in the Workshop involves inherent risks, including but not limited to:
- Natural hazards such as adverse weather conditions, difficult or uneven terrain, and proximity to wildlife.
- Physical risks from travel, including accidents, injury, illness, and possible lack of access to immediate medical care.
- Unpredictability associated with outdoor environments, which may result in injury, illness, property damage, or death.
Participant voluntarily assumes full responsibility for all risks, known or unknown, associated with participating in the Workshop.
2. Self-Led Workshop
The Workshop is designed to be self-led, meaning that while Steffen Foerster provides photography instruction and guidance, Participant is responsible for their own actions and safety during the entirety of the Workshop. The Participant acknowledges that the Workshop Leader is not responsible for the safety or well-being of the Participant and that participation in this Workshop is at the Participant’s own risk.
3. Release of Liability
In consideration of being permitted to participate in the Workshop, Participant agrees to release, waive, and discharge Steffen Foerster, from any and all liability, claims, demands, actions, or causes of action, whether arising from negligence or otherwise, that may arise out of, or relate to, participation in the Workshop.
This release covers any injury, death, or property damage that occurs during the Workshop and applies to the fullest extent allowed by law, except in cases of gross negligence or willful misconduct by the Released Parties.
4. Services Provided by Independent Operators
Participant acknowledges that certain logistical arrangements, including but not limited to accommodations, transportation, guiding services, and other travel-related services, may be provided by independent third-party commercial operators ("Service Providers") that Steffen Foerster engages for the workshop. These Service Providers are not employees, agents, or partners of Steffen Foerster Photography, and the Workshop Leader is not responsible for the actions, omissions, or errors of these Service Providers.
Any claims, disputes, or liability related to services provided by these independent operators must be addressed directly with the Service Providers, and Steffen Foerster is released from any responsibility or liability regarding such services.
5. Indemnification and Hold Harmless
Participant agrees to indemnify and hold harmless the Released Parties from any and all claims, actions, damages, costs, or expenses (including attorney’s fees) arising out of Participant’s participation in the Workshop, including, but not limited to:
- Claims related to injuries or damages caused by Participant.
- Any claims by third parties arising from Participant’s actions.
- Any claims related to the services provided by Service Providers or other third-party service providers.
6. Medical Authorization
In the event of illness or injury, Participant authorizes Steffen Foerster, or his representatives, to seek medical care on Participant’s behalf if Participant is unable to do so. Participant acknowledges that they are responsible for any medical expenses incurred and agrees that the Workshop Leader is not liable for any injury, illness, or medical care received during the Workshop.
7. Fitness to Participate
Participant affirms that they are in good physical condition and have no health or medical conditions that would prevent them from safely participating in the Workshop. Participant agrees to notify the Workshop Leader in advance if they have any relevant medical conditions.
8. Insurance
Participant acknowledges that Steffen Foerster does not provide personal travel, health, or accident insurance, and it is the Participant's responsibility to obtain appropriate insurance covering the Workshop, including "Cancel for Any Reason" travel insurance.
9. Photography and Media Release
Participant grants Steffen Foerster the right to use any photographs, videos, or media captured during the Workshop for promotional or other purposes without compensation to Participant.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising under this Agreement shall be resolved in the state or federal courts located in New York, New York.