Waiver & Release of Claim
Please read the below Waiver & Release of Claims carefully. You will be required to sign this Waiver and Release of Claim at the beginning of the tour. If you are a 3rd party booking a tour for someone other than yourself, please ensure you forward this waiver & release of claims form and provide acknowledgement through physical or digital copy.
By purchasing tickets for and/or participating in the photography walking tours (“Tours”) offered by Toronto Photo Safari (the “Company”), and in consideration for my being allowed to participate in the Tours, the receipt and sufficiency of which is hereby acknowledged,
I, and/or my parent/legal guardian (individually and collectively referred to below in the first person singular) agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, and grant of rights (“Waiver”),
1. Voluntary Participation. I understand and confirm that my participation in the Tours is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Tours.
2. Comprehension of Risk. I fully comprehend and accept all of the risks associated with my participation in the Tours including, without limitation, injury or death resulting from exposure to unfavourable weather conditions and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the Tours take place in public venues under conditions largely beyond the Company’s control.
3. Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Tours. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tours. I acknowledge that I am responsible for my actions as a participant of the Tours and that I will not photograph items that are restricted by signage or request of vendors. I also acknowledge that all images obtained during the Tours may be used solely for the purposes of learning photography and not for any commercial or resale purposes.
4. Release of Liability; Limitation of Damages. I hereby forever and unconditionally release the Company and its affiliated entities, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Tours, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. The Company’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or wilful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Tours be greater than $100. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Tours is cumulative and not per incident. In no event shall the Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if the Company has been informed of the possibility thereof. The Company disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material featured on the Tours. The Tours, and any materials, information, products and services included in the Tours are provided “as is,” with no warranties whatsoever. The Company expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The Company disclaims any warranties for any information or advice obtained on the Tours.
5. Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
7. Promotional Release. I hereby grant to the Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Tours, in which I may be included intact or in part, including the print and/or digital information relevant to such portraits (the “Material”). The Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that the Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to the Company an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I have read this entire document.
I understand that I have given up substantial rights by agreeing to its provisions. By continuing to participate in the Tours, I am indicating my voluntary agreement to the provisions of this WAIVER AND RELEASE OF LIABILITY. Participation in the Tours by a person who is not yet 18 years old indicates that a parent or legal guardian has also read and consented to this waiver.
I have read and agree to all of the above terms.