TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS BEFORE SIGNING UP FOR DOUG JOHNSON PHOTOGRAPHY SERVICES. BY USING DOUG JOHNSON PHOTOGRAPHY, YOU AGREE TO THESE TERMS AND CONDITIONS.

Responsibility

In consideration of the services of Doug Johnson Photography. their officers, agents, employees, and stockholders, and all other entities associated with this business hereinafter collectively referred to as Doug Johnson Photography (DJP), I agree as follows:

Participation in DJP classes, workshops and other programs involve inherent risk of injury to participants and their equipment. During field trips participants may have exposure to the hazards of harm to both persons and equipment associated with all recreational and other program activities.

These examples are merely illustrative of the many, varied and unpredictable hazards associated with photography and DJP programs. Anyone who participates in any DJP - sponsored activity (including but not limited to classes or other programs) assumes the inherent risks in that activity, whether those risks are known or unknown, and is legally responsible for all injury or death to the person or for all damage to the person’s property that results from the inherent risks in that activity.

DJP cannot provide information about all the hazards associated with activities it sponsors and how to avoid or mitigate such hazards. The owners, agents or employees of DJP have made no assurances, representations, or warranties that its activities are safe and free of risk.

Although DJP has taken reasonable steps to prepare me and provide me with skilled guides so I can enjoy an activity for which I may not be skilled, DJP has and hereby does informed me this activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. DJP does not want to frighten me or reduce my enthusiasm of this activity, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of those risks out in the field: risk of injury while walking on trails, risk of encountering or injury from dangerous wildlife, risk of falling from overlooks, risk of drowning, and risk of hypothermia.

I am aware that participating in a DJP class or workshop entails risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated risks, inherent or otherwise, may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.

I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that the staff of DJP has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity.

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 agree to release, discharge, indemnify and hold harmless DJP, its owners, agents, employees, successors and assigns of and from any claim, demand, or action for any damages, costs, expenses, or obligations of any nature whatsoever in any way arising from any injury, loss or damage to person or property that I may suffer during or in connection with participation in any activity sponsored or conducted by DJP, except for time spent in National Parks (in accordance with National Park Service policy).

For participants attending DJP workshops in U.S. National Parks: Nothing in this Acknowledgment and Assumption of Risks & Release and Indemnity Agreement shall be interpreted as the participant and parent releasing DJP from liability for injuries, damage, death, or other loss to participant or others that may occur within the jurisdiction of the National Park Service and is caused by DJP’s negligence, gross negligence, recklessness, or intentional conduct, including but not limited to any negligence with respect to DJP’s judgments and decisions.

By agreeing to these Terms and Conditions I release, discharge and agree to hold harmless DJP, its agents, successors and assigns, from any and all liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said photograph or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.

Limits on Doug Johnson Photography’s Liability

Excepts as may be prohibited for programs occurring on National Park Service property, you agree and acknowledge that DJP has limited liability to you as further set forth below. (a) Except as specifically set forth in these terms, DJP makes no express or implied warranties in connection with the services. (b) Doug Johnson Photography’s liability with respect to the services shall be limited to the aggregate amount of the fees received by DJP from participant in connection with the workshop services. (c) In no event shall DJP be liable for consequential, indirect, incidental, statutory or punitive damages even if it has been put on notice of the possibility of such damages, including any and all loss or damages arising from delay of services.

Limitations on Actions Against Doug Johnson Photography

Except as may be prohibited for programs occurring on National Park Service property, you agree to the following limitations on your claims against DJP:

(a)  All claims for refunds, credits, losses or otherwise by participant against DJP must be made according to the instructions above.

(b)   Notwithstanding applicable statute of limitations, all suits against DJP relating to the program and workshopservices must be filed and properly served on DJP, within one (1) year from the date of event giving rise to theaction.

(c)  The failure of participant to timely make a report or claim, or file suit, as set forth in this section will be a complete defense to any suit or action commenced by participant relating to the services. Further, the failure of participant to timely make a report or claim as set forth in this section will result in the participant’s waiver of any refusal to pay for any of the services, including, without limitation, disputing credit card charges for the same.

(d)   All claims against DJP are subject to the other disclaimers, limitations on liability, qualifications and conditions set forth in these terms and conditions.

Amendments

DJP reserves the right to correct any errors or omissions in its published materials and to amend these Terms and Conditions at any time. All amended Terms and Conditions shall automatically beeffective upon being posted by DJP to the website www.dougjohnsonphotography.com