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Risk Statement & Refund Policy – Smoky Mountain Wildflowers Workshop

In consideration of the services of Barry Spruce Photography, LLC their officers, agents, employees, and stockholders, and all other persons or entities associated with those businesses (hereinafter collectively referred to as “Barry Spruce Photography, LLC”) I agree as follows: Although Barry Spruce Photography, LLC has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy an activity for which I may not be skilled, Barry Spruce Photography, LLC has 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. Barry Spruce Photography, LLC does not want to frighten me or reduce my enthusiasm for 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. – Riding in or operating motorized vehicles – Severe and / or unpredictable weather conditions including but not limited to extreme cold, extreme heat, rain, snow, sleet, ice, wind – Uneven, undeveloped, and / or rugged terrain which could result in injuries related to slipping, tripping, falling – Dangerous and / or poisonous flora, fauna, and insects – Some activities may occur around water such as creeks, streams, rivers, ponds, lakes which could result in falls and risks of drowning – Physical stress – some activities may involve physical exertion such as mild to moderate hiking / walking and I am responsible for ensuring that I am in sufficient physical condition to participate I am aware that outdoor guided tours and/or workshops 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 inherent risks 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 Barry Spruce Photography, LLC 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. In order to protect the continuity of the Smoky Mountain Wildflower 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 “Smoky Mountain NP” is permissible. Each attendee is responsible for all additional costs including, but not limited to, lodging, travel to and from the area, meals, snacks, incidentals, and travel 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 our 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 is not responsible for reimbursement of any travel expenses or other related expenses in the event of a workshop cancellation or rescheduling. In the unlikely event that Barry Spruce Photography, LLC cancels a workshop for reasons within Barry Spruce Photography, LLC’s control and does not reschedule it, a full refund of the workshop fee will be given. Barry Spruce Photography, LLC reserves the right to cancel the workshop in the event that there are not enough participants registered. If this were to occur, your workshop fee will be refunded. I have carefully read, clearly understood and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon myself, my heirs, assigns, personal representative and estate and for all members of my family, including minor children.

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