In consideration of the services of WB Hunt, Co Inc dba Hunt’s Photo & Video, their agents, owners, affiliates, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf (herein after collectively referred to as “WB Hunt”), I hereby agree to release, indemnify, and discharge WB HUNT, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in WB HUNT entails known and unanticipated risks that could result in the physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the workshop.
The risks include, among other things: WB HUNT workshops entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. We often travel to locations with rocky or uneven terrain where one may twist or sprain an ankle, may trip and have a cut or bruise. Locations can include wet areas with rocks and leaves that appear more slippery than they seem. Slips can be common. Due to the nature of photography, many locations we visit may be by the ocean, and many risks occur near the water, especially when attendees are inattentive to their surroundings. Trips and falls may occur, especially in darker environments. In any event, if you are injured, you may require medical assistance, at your own expense. Furthermore, WB HUNT employees have difficult jobs to perform. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions.
2. I expressly agree and promise to accept and assume all of the risks existing in this workshop. My participation in this workshop is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless WB HUNT from any and all claims, demands, or causes of action, which are in any way connected with my participation in WB HUNT workshops, including any such claims based upon damages caused or alleged to be caused in whole or in part by the negligent acts or omissions of WB HUNT.
4. Should WB HUNT or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against WB HUNT, I agree to do so solely in the state of Massachusetts, and I further agree that the substantive law of Florida shall apply in that action without regard to the conflict of law rules of that state. If there are any disputes regarding the Agreement, I agree that such dispute shall be brought within one year of the date of the Agreement and will be determined by arbitration before one arbitrator to be administered by an arbitrator of our choosing pursuant to its Comprehensive Arbitration Rules and Procedures. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By reading this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this workshop, I may be found by a court of law to have waived my right to maintain a lawsuit against WB HUNT on the basis of any claim from which I have released from herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.