Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement
In consideration of being permitted to participate in a sports photography session involving butane foam fire effects conducted by Moments by Candice - Photography (“the Photographer”), I, the undersigned parent/legal guardian, freely and voluntarily agree to the following on behalf of myself and my child(ren)/participant(s) listed above:
WAIVER AND RELEASE: I hereby release, discharge, and hold harmless the Photographer, Moments by Candice, its owners, employees, assistants, agents, representatives, and any venue or property owner where the session takes place from any and all liability, claims, demands, damages, costs, expenses, and causes of action arising out of or related to any loss, damage, or injury (including death) that may be sustained by me, my child(ren), or our property, whether caused by the negligence of the Photographer or otherwise, while participating in this photography session.
ASSUMPTION OF RISK: I am fully aware of the risks and hazards connected with participating in a photography session involving butane foam fire effects, including the risk of burns, smoke inhalation, heat injury, property damage, and other physical harm. I understand that such risks may result from the actions, inactions, or negligence of the participants or others. I hereby voluntarily assume all risks of loss, damage, or injury that may occur in connection with participation.
EQUIPMENT & PROPERTY DAMAGE: I understand and agree that Moments by Candice is NOT responsible for any damage to personal equipment, sports gear, uniforms, clothing, or any other personal property resulting from butane foam fire effects during the session. This includes but is not limited to bats, gloves, balls, helmets, cleats, jerseys, and any other items brought to or used during the session. All equipment and personal items are brought at our own risk.
INDEMNIFICATION: I agree to indemnify and hold harmless the Photographer from any loss, liability, damage, or costs, including court costs and attorney fees, that may be incurred due to participation in this session, whether caused by the negligence of the Photographer or otherwise.
MEDICAL TREATMENT: I authorize the Photographer to secure emergency medical treatment, transportation, and/or first aid for my child(ren) if deemed necessary. I understand that I am responsible for all costs of emergency medical care and transportation.
IMAGE RELEASE: I grant Moments by Candice - Photography the right to use images and video captured during this session for advertising, marketing, social media, portfolio display, publication, and promotional purposes. I warrant that I have authority to agree to the use of the likeness of all participants listed. Digital files and images remain the exclusive property of Moments by Candice - Photography.
NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce photographs or videos without the Photographer's permission. Violators of this Federal Law will be subject to its civil and criminal penalties.
CANCELLATION POLICY: Deposits are non-refundable. If the session must be rescheduled due to weather or safety concerns related to fire effects, the Photographer will work to accommodate a new date at no additional charge.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of Georgia. Any disputes arising under this Agreement shall be resolved in Bartow County, Georgia. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
ENTIRE AGREEMENT: This waiver constitutes the entire agreement between the parties. Any modifications must be in writing and signed by both parties.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. I FULLY UNDERSTAND ITS TERMS AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THE AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.