2023 Maine Coast Workshop Registration

ACKNOWLEDGEMENT OF RISK, WAIVER & RELEASE FROM LIABILITY

Nettelhorst Images, Inc. Events

PLEASE READ THIS ENTIRE ACKNOWLEDGEMENT, WAIVER AND RELEASE FROM LIABILITY FORM CAREFULLY BEFORE PARTICIPATING IN THIS NETTELHORST IMAGES, INC. EVENT. THIS FORM HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

INTRODUCTION

I understand and acknowledge that by signing this Acknowledgement, Waiver And Release From Liability Form (“Form”), that I am legally agreeing to the statements in this Form and that these statements are being accepted and relied upon by the Released Parties, as defined below. Please note that the Event website (www.nettelhorstimages.com) may contain other terms and conditions that apply to the Event. By participating in the Event I also acknowledge my acceptance of the terms and conditions set out on the Event website and within the Events online registration system. If another person has submitted my registration for the Event, I understand that person is assumed to be my agent and that person has accepted on my behalf all the terms and conditions set out on this Form, the Event website and within the Event’s online registration system. In consideration of being permitted by Nettelhorst Images, Inc. (hereafter “NETTELHORST PHOTOGRAPHY”) to participate in the Event, I acknowledge and agree as follows:

ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS

The Event and other activities associated with the Event take place indoors or outdoors in various locations and can include, but are not limited to: photography in urban, rural and natural environments, walking across uneven and unmarked terrain, exposure to inclement weather, slipping, falling from a height, insect or animal bites, being struck by falling objects, immersion in cold water, hypothermia (cold exposure), hyperthermia (heat exposure), stream crossings, travel on active logging roads, carrying of backpacks full of gear required for the Event, walking at day and night, indoor teaching in a classroom environment, traveling in cars, buses or other vehicles to and from activities (the Event and other activities collectively referred to in this Form as
“activities”). Activities may be scheduled or unscheduled, mandatory or optional, structured or unstructured and include free time. I acknowledge
that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage,
death or other loss to participant or others. These risks include but are not limited to those associated with: any movement on unmarked and marked terrain in the outdoors; the need for a sufficient level of fitness and endurance; the decision making and conduct of the Event’s staff members, volunteers, contractors, co-participants or others; the
participant’s personal health and participation, whether participant’s health conditions are disclosed or undisclosed, known or unknown; locations or premises; equipment; and the conduct of co-participants and/or other third parties.

I UNDERSTAND AND AGREE

1. I will review all materials received, accurately complete and agree to the registration information, documents and process, and obey all rules and policies at all times. These rules and policies include, but are not limited to, the rules and conditions detailed in this form and as detailed on the Event website (www.nettelhorstimages.com), all traffic laws
and Department of Conservation regulation. Failure to comply in any way with these matters may lead to me being barred from the Event. Refunds will not be given.

2. My final acceptance and participation in the Event is contingent upon NETTELHORST PHOTOGRAPHY’s receipt and review of all required information and forms, including this Form;

3. I am fully capable of participating in the Event without causing harm to myself or others. I further agree that I am physically fit, and I have not been advised otherwise by a qualified medical person.

4. I carry all the photography gear, personal, medical and safety equipment on my person as lined out on the Event website.

5. I am aware of environmental risks as explained to me during the health and safety induction at the beginning of the event.

6. I will immediately advise an Event organizer if I believe or become aware that the areas or equipment to be used in the Event are unsafe.

7. The information provided in this Form is not exhaustive, other unknown or unanticipated activities, inherent or other risks and outcomes may exist, and NETTELHORST PHOTOGRAPHY cannot assure my safety or eliminate all risks. NETTELHORST PHOTOGRAPHY representatives are available should I have further questions about the activities or the associated risks;

8. I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for myself, for the inherent and other risks (both known and unknown) of the activities, and for any social or economic, injury, damage, death or other loss I may suffer, resulting from those inherent and other risks, including but not limited to the risk of my, a co-participant’s, a Released Party’s and/or a third party’s passive or active negligence or other misconduct.

RELEASE AND INDEMNITY

PLEASE READ CAREFULLY. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS. In consideration of the acceptance of my entry, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows:

1. I HEREBY WAIVE, RELEASE AND DISCHARGE From NETTELHORST PHOTOGRAPHY and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, trustees, partners, board members, shareholders, members, supervisors, insurers, agents, employees, instructors, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the "Released Party" and the “Released Parties”) with respect to any and all claims, liabilities, suits or
expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”’) for any injury, damage, death, lost and/or stolen property or other loss in any way connected with my enrollment or participation in the activities, negligence, whether passive or active, of the Released Parties, any breach by the Released Parties of statutory duty, and/or use of any equipment, facilities or premises, howsoever caused. I AGREE HERE TO WAIVE ALL CLAIM/S I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR
MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, DEATH OR OTHER LOSS I MAY SUFFER.

2. I HEREBY INDEMNIFY AND HOLD HARMLESS (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my
spouse, a family member, a co-participant or any other person, for any injury, damage, death or other loss in any way connected with my enrolment or participation in the activities, negligence, whether passive or active, of the Released Parties, any breach by the Released Parties of statutory duty and/or use of any equipment, facilities or premises, howsoever caused.

3. THIS RELEASE AND INDEMNITY SECTION INCLUDES BUT IS NOT LIMITED TO CLAIM/S FOR PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIM/S RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT), PROPERTY DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIM/S RESULTING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.

OTHER PROVISIONS

I understand and agree:

1. If I am signing as the participant’s legal guardian, I have the legal authority to act for the participant and on their behalf. If my guardian
status is challenged or found invalid, I will defend and indemnify the Released Parties, to the fullest extent allowed by law and per the provisions of this Form, just as if I were the participant’s lawful legal guardian.

2. If I wish to withdraw from the Event, or transfer my registration to another course of the Event or to a third party, I must do so myself by contacting NETTELHORST PHOTOGRAPHY before commencement of the booked event, and the Event specific cancellation and/or transfer policy set out on the Event website will apply.

3. I authorize NETTELHORST PHOTOGRAPHY staff, representatives, contractors or other medical personnel to obtain or provide medical care for me, to transport me to a medical facility, and to provide treatment (including but not limited to evacuation, hospitalization, blood transfusions, surgery and medications) they consider necessary for my health. I agree to pay all costs associated with that care and transportation. I agree, to the release (to or by NETTELHORST PHOTOGRAPHY, insurance carriers, other health care providers and their staff, representatives or contractors) of any medical
information or records necessary for treatment, referral, billing or other purposes. I agree to provide the name and contact phone number of a person, who is not a participant in the Event, who can be contacted in the event of an emergency, which person will be available during and after the Event.

4. I grant to NETTELHORST PHOTOGRAPHY, its affiliates, designees and assignees the right and permission to photograph, film, record and/or otherwise capture in any media the name, image, voice, written statement, photograph and/or visual likeness of me and/or my family members (collectively “images”), with right to sublicense, during the activities or otherwise, without compensation, for use for any purpose in any media throughout
the world in perpetuity, including but not limited to use in broadcasts, photographs, publications, podcasts, webcasts, motion pictures, brochures, CDs, DVDs, internet websites, social media platforms,
television, and/or in any related commercial, informational, educational, advertising, or promotional materials. I understand that all ownership and copyright rights in the images shall be owned by NETTELHORST PHOTOGRAPHY and I waive any inspection or approval rights. I understand and agree that my name, bib number and race results will be available to the public during and after the Event.

5. I am fully responsible for the security of my personal possessions at the Event and NETTELHORST PHOTOGRAPHY will not be liable for the replacement of any personal possessions.

6. NETTELHORST PHOTOGRAPHY reserves the right, in its sole discretion, to dismiss any participant from the activities, and to deny or revoke entry of any
applicant at any time. If I am dismissed or depart for any reason, I agree that I am responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise. In the event that NETTELHORST PHOTOGRAPHY denies or disqualifies any participant from the Event (either before or during the Event), NETTELHORST PHOTOGRAPHY will not refund any entry fees to that participant where the participant has misrepresented their eligibility to participate in the Event at the time
of entry or has breached any of the conditions of this Form.

7. NETTELHORST PHOTOGRAPHY, in its sole discretion, may delay, modify, or cancel the Event, including the right to alter the advertised start time (at their absolute discretion). If the Event is delayed, modified, or cancelled, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, or any other cause beyond the control of NETTELHORST PHOTOGRAPHY, there shall be no refund of the Event’s fee or any other costs incurred in connection with the Event.

8. This Form is effective in regard to participant’s enrolment or participation in the activities from the date signed through the completion of all activities, and this Form shall remain in full force and effect following completion of all activities.

9. NETTELHORST PHOTOGRAPHY may assign this Form to other entity/s or individual/s (“assignees”) at any time, and any such assignment will grant assignees the full rights and protections accorded in this Form.

CORONAVIRUS/COVID-19

While each State has eased or eliminated various COVID-19 based restrictions on businesses, the conduct and performance of the services being provided by Nettelhorst Photography are subject to those rules in place at the time the photography services are to be performed.  Based upon the scope of the social distancing restrictions in place at the time of the photography services, certain aspects of my interaction with Nettelhorst Photography may be altered by necessity.  I and  all members of my party agree to abide by the social distancing measures in force at the time of the session or event. I and members of my party explicitly agree and
understand that failure to adhere to such social distancing measures places them at increased risk
of COVID-19 exposure or transmission.

I and members of my party assume all risks associated with potential COVID-19 transmission or exposure in relation to the photography services being provided and accept sole responsibility for an illness, injury, damages, claims or expense arising therefrom regardless of the identity of the person alleged to be at fault for such transmission or exposure.  As consideration for this waiver, Nettelhorst Photography agrees to waive any liability or claim against you or members of your party for COVID-19 transmission or exposure. Notwithstanding the foregoing, the Waivers contained above of this Notice and Waiver shall not be interpreted to prohibit actions or claims against persons who knowingly participate in the photography services while exhibiting COVID-19 symptoms or who knowingly participate while having an active COVID-19 infection.

I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity. I have carefully read, clearly understood, and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, personal representative, and estate and for all members of my family, including minor children.