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Terms & Liability – New England Rare Bird Workshop

The agreement below governs the New England Rare Bird Photography Workshop [hereafter referred to as Workshop] activities conducted by Barry Spruce Photography, LLC and all associated affiliates, owners, employees, and business entities. By signing your name on this form you hereby release Barry Spruce Photography, LLC and all associated affiliates, owners, employees, and business entities from liability and assume the risks as follows: This liability release is for any and all liability for personal injuries including death and property losses or damage in connection with any activity or accommodation of the above mentioned Barry Spruce Photography, LLC. 1. On rare occasions accidents or death may occur from participation in outdoor adventures, which necessitates the administration of medical care, hospitalization or surgery. Therefore, you give Barry Spruce Photography, LLC authorized representative(s) or agent(s) in charge of the aforesaid Workshop authorization to secure necessary treatment and transportation. Such treatment and transportation shall be solely at your expense and you agree to reimburse Barry Spruce Photography, LLC any expenses which it may incur from said injury treatment and transportation. 2. You understand and agree to indemnify and hold harmless Barry Spruce Photography, LLC and its representative(s) and agent(s) from any and all claims and causes of action for damage arising out of any travel or activity conducted by or under the control of Barry Spruce Photography, LLC with regard to the aforesaid Workshop. 3. You further understand that you are solely responsible for any and all costs arising out of your voluntary or involuntary withdrawal from the aforesaid Workshop prior to its completion, including withdrawal caused by illness. Trip/travel insurance is recommended. Each attendee is responsible for all additional costs including, but not limited to, travel, lodging, and transportation before and after the Workshop; meals not included in the Workshop; other incidentals; travel/trip insurance. Workshop payments are non-refundable. No refund will be issued if you withdraw from the Workshop. Trip/travel insurance is recommended. Barry Spruce Photography, LLC is not responsible for cancellations or Workshop schedule changes due to events outside of Barry Spruce Photography, LLC’s control such as local, State, Federal or other governing body shutdowns, travel restrictions/bans, civil unrest, labor disturbances, natural disasters, etc. Refunds will not be issued should such events occur; however, we will work with Workshop participants to reschedule to a new date or provide full credit to join another Workshop. Barry Spruce Photography, LLC is not responsible for reimbursement of any travel expenses or other related expenses in the event of Workshop cancellation or rescheduling. In the unlikely event that Barry Spruce Photography, LLC cancels the Workshop for reasons within Barry Spruce Photography, LLC’s control and does not reschedule it, a full refund of the Workshop fee/deposit will be given. Barry Spruce Photography, LLC reserves the right to cancel the Workshop in the event that there are not enough participants registered. 4. In order to protect the continuity of the New England Rare Bird Workshop and the information that Barry Spruce Photography, LLC has invested much time and resources in gathering, you agree to not disclose specific location information from the Workshop. A generic description such as “Maine Coast” is permissible. 5. Workshop participants grant Barry Spruce Photography, LLC its agents, employees, licensees, and successors in interest (collectively, the “Released Party”) rights and permission to copyright, use and publish the participant’s photographed likeness obtained during participation in the Workshop. The Likeness may be copyrighted, used and/or published individually or in conjunction with other photography or video works, and in any medium (including without limitation, print publications, public broadcast, electronic communications, CD-ROM format) and for any lawful purpose, including without limitation, trade, exhibition, illustration, promotion, publicity, advertising and electronic publication. The undersigned waives any right that the undersigned may have to inspect or approve the Released Party’s use of the Likeness, or the advertising copy or printed matter that may be used in connection with the use and/or publication of the Likeness. The undersigned releases the Released Party (and all persons acting under its permission or authority) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to the Likeness.

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