We understand our planned activities are potentially dangerous and involve the risk of serious illness, injury and/or death. We acknowledge the Covid-19 virus and its ability to be transferred from person to person via contact. We are also aware that any person may carry the virus and be asymptomatic. We understand that Adrienne Maples Photography, INC (hereinafter known as AMP) cannot guarantee that we or guests will not become infected, despite AMP’s best efforts to abide by state and federal directives, which address the reopening of the applicable state. We understand and agree to abide by all guidelines including, but not limited to, the maximum per-person limit of people at an event, 6-foot physical distancing between non-household members, and mask wearing if required at the city, state or national level and/or by venue(s).
We understand AMP may alter shooting practices based on the situation. Altered practices include, but are not limited to, shooting from a farther distance (with appropriate lenses), and shooting for shorter periods of time if safety precautions aren’t being adhered to (too many people gathered, no masking, etc.) Reception coverage will be limited for safety reasons (groups of people dancing closely, restrictions being relaxed due to alcohol consumption, no masking, etc.) and after AMPS has adequately documented events, coverage will cease. We understand events planned throughout the reception may not be documented by AMP.
During the event, AMP or any of its contractors feel uneasy or apprehensive about the number of people or the health condition of individuals at the event, or feels like proper safety precautions are not being followed, AMPS or its contractors may be excused from performance of his/her duties and distance him/herself from the event for a period of time not to exceed thirty (30) minutes. If measures are not taken to correct the issue(s) after a period of thirty (30) minutes, AMPS or its contractors may be excused from performing further duties at the event without penalty. In the event of such a situation, Client will not be entitled to a refund of any monies paid.
We hereby exclusively waive and release any and all claims, now known or hereafter known against AMPS and it’s officers, directors, employees, agents, affiliates, successors, and assigns (collectively ‘Releasees”), on account of illness, injury, or death arising out of or attributable to our participation in the activities, and all of our guests’ participation in the activities. We agree not to make or bring any such claim against AMPS or any other Releasee, and forever release and discharge AMPS and all other Releasees from liability under such claims.
We shall defend, indemnify, and hold harmless AMPS and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs of expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to the activities. This includes all third-party claims made by guests at the activity.
This Agreement constitutes the sole and entire agreement between between AMPS and us respect to the subject matter of release of liability and assumption of risk contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such matter. If any term or provision of this agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or un-enforceability 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 AMPS 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 Kansas without giving effect to any other choice or conflict of law provision or rule. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Overland Park, Kansas and We hereby consent to the exclusive jurisdiction of such courts.