Brass Monkey Photography

Brass Monkey Photography

TERMS & CONDITIONS

What this is:

This is a legal agreement that protects you, the Participant, and us, Brass Monkey Photography LLC.  This ensures that everyone is responsible for their own actions on the tour/photographic session.

At Brass Monkey, we have a “participate at your own risk” policy. This is similar to policies for other types of excursions you may have taken before while on vacation.

Personal possessions such as phones, cameras, coats, handbags, luggage are the Participant’s sole responsibility.

Here at Brass Monkey we provide transportation and information, and want you to have the best experience possible while enjoying nature responsibly. Our terms are set out below, but we want to bring these to your attention up front:
Don’t be late! You must be at the pickup site at the time of pickup. We don’t want to leave anyone behind, but cannot accommodate latecomers.
We assume that you’re cool with social media. We may take pictures of our adventure, including you, to use on our social media channels. If you object to this, let us know. 

The individual named below (referred to as “I” or “me”) desires to participate in a photographic tour excursion/photographic session (the “Activity”) sponsored by Brass Monkey Photography LLC, Inc. an Asheville, North Carolina Corporation (the “Company”). As lawful consideration for the fun, enjoyment, or other intangible value that I will gain by participating in the Activity], I agree to all the terms and conditions set forth in this agreement (this “Agreement”).

 

MISSED DEPARTURE POLICY

I ACKNOWLEDGE THAT Brass Monkey Photography LLC ARE TO PROVIDE TRANSPORTATION FOR THE ACTIVITY. I ACKNOWLEDGE THAT I AM RESPONSIBLE FOR MEETING ANY SET DEPARTURE TIMES, AND I AGREE TO MEET STAFF OF THE COMPANY AT A SPECIFICALLY DESIGNATED LOCATION AND TIME FOR RETURN TRANSPORTATION. 

I ACKNOWLEDGE THAT I MUST BE AT THE PICKUP LOCATION ON TIME, AND I ACCEPT RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH MY OWN RETURN TRANSPORTATION IF I MISS THE PICKUP. 

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE OR LOSS. I ACKNOWLEDGE THAT THE ACTIVITY TAKES PLACE IN REMOTE LOCATIONS THAT MAY BE INACESSIBLE TO EMERGENCY SERVICES.  ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY A DELAYED EMERGENCY RESPONSE OR RESCUE OPERATION. 

 

RELEASE

I ACKNOWLEDGE THAT Brass Monkey Photography LLC DO NOT POSSESS EMERGENCY MEDICAL TRAINING. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY MY OWN NEGLIGENCE, THE NEGLIGENCE OF Brass Monkey Photography LLC. OR OTHERWISE. I ACKNOWLEDGE THAT I WILL REVIEW AND FOLLOW ALL INSTRUCTIONS, WARNINGS AND SAFETY INFORMATION PROVIDED BY Brass Monkey Photography LLC. IF SAFETY EQUIPMENT IS PROVIDED OR AVAILABLE, I WILL USE IT.  I, on behalf of myself, my heirs, executors, administrators, successors and assigns hereby expressly waive and release any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages, and liabilities of every kind and nature now known or hereafter known, in law or equity, against Brass Monkey Photography LLC, Inc. and its officers, directors, employees, agents, affiliates, contractors, successors, and assigns (collectively, “Releasees”), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. I will not act negligently or recklessly, and  if the company incurs losses as a result of my negligence or reckless behavior I shall defend, indemnify, and hold harmless the Company against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by indemnified party in a final judgment, including those  arising out or resulting from any claim of a third party related to the Activities. This Agreement constitutes the sole and entire release of liability between the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction. Any claim or cause of action arising under this Agreement may be resolved in binding arbitration, rather than in court.  The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow this Agreement as a court would. SOCIAL MEDIA, FILMING AND RECORDING POLICY I understand that I may be photographed, filmed, or otherwise recorded while on the Activity. I agree that all photographs, audio recordings, and video footage taken of me, and any derivative works (“Recordings”), will be the sole property of Brass Monkey Photography LLC. As the owner of the Recordings, Brass Monkey Photography LLC. has the unconditional, irrevocable right (exercisable by Brass Monkey Photography LLC. or by third parties on the Company’s behalf) to reproduce, display and use the Recordings, including for advertising, marketing and promotional purposes, in all media and formats, whether now known or later developed. I further authorize the Company to store the Recordings on a database and transfer the Recording to third parties in conjunction with security and marketing procedures undertaken by the Company, and where permitted by applicable data protection laws. 

BY USING THIS WEBSITE AND BOOKING ANY TOURS ASSOCIATED WITH BRASS MONKEY PHOTOGRAPHY ON THIS WEBSITE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.  

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