Waiver and Release from Liability, Spark Adventure Photography, Cobi Sharpe

PLEASE READ THIS ENTIRE ACKNOWLEDGEMENT, WAIVER AND RELEASE FROM LIABILITY FORM CAREFULLY BEFORE PARTICIPATING IN THE WORKSHOP. THIS FORM HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

INTRODUCTION

I understand and acknowledge that by signing this Acknowledgement, Waiver And Release From Liability Form (“Form”), that I am legally agreeing to the statements in this Form and that these statements are being accepted and relied upon by the Released Parties, as defined below. Please note that the Workshop website (www.sparkadventurephotog.com) may contain other terms and conditions that apply to the Event. By participating in the Event I also acknowledge my acceptance of the terms and conditions set out on the Workshop website and within the Workshops online registration system. If another person has submitted my registration for the Workshop, I understand that person is assumed to be my agent and that person has accepted on my behalf all the terms and conditions set out on this Form, the Workshop website and within the Workshop’s online registration system.

In the consideration of the ORGANISER providing the event or workshop, the participant understands the following and/or the contents herein.

In consideration of being permitted by Spark Adventure Photography, Cobi Sharpe (hereafter “ORGANISER”) to participate in the Workshop, I acknowledge and agree as follows:

ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS

The Workshop and other activities associated with the Workshop take place indoors or outdoors in various locations and can include, but are not limited to: photography in urban, rural and natural environments, walking across uneven and unmarked terrain, carrying of backpacks full of gear required for the Workshop, walking at day and night, indoor teaching in a classroom environment, traveling in cars, buses or other vehicles to and from activities (the Workshop and other activities collectively referred to in this Form as “activities”). Activities may be scheduled or unscheduled, mandatory or optional, structured or unstructured and include free time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Form as “risks”) of these activities can cause injury, damage, death or other loss to participant or others. These risks include but are not limited to those associated with: any movement on unmarked and marked terrain in the outdoors; the need for a sufficient level of fitness and endurance; the decision making and conduct of the Workshop’s staff members, volunteers, contractors, co-participants or others; the participant’s personal health and participation, whether participant’s health conditions are disclosed or undisclosed, known or unknown; locations or premises; equipment; and the conduct of co- participants and/or other third parties.

I UNDERSTAND AND AGREE

1. I will review all materials received, accurately complete and agree to the registration information, documents and process, and obey all rules and policies at all times. These rules and policies include, but

are not limited to, the rules and conditions detailed in this form and as detailed on the workshop website (www.sparkadventurephotog.com), all traffic laws and Department of Conservation regulation. Failure to comply in any way with these matters may lead to me being barred from the Workshop. Refunds will not be given. INITIAL _________

2. My final acceptance and participation in the Workshop is contingent upon ORGANISER’s receipt and review of all required information and forms, including this Form; INITIAL _______

3. I am fully capable of participating in the Workshop without causing harm to myself or others. I further agree that I am physically fit, and I have not been advised otherwise by a qualified medical person. INITIAL ________

4. I carry all the photography gear, personal, medical and safety equipment on my person as lined out on the Workshop website. INITIAL _______

5. I am aware of environmental risks as explained to me during the health and safety induction at the beginning of the workshop. INITIAL ______

6. I will immediately advise a Workshop organizer if I believe or become aware that the areas or equipment to be used in the Workshop are unsafe. INITIAL ______

7. The information provided in this Form is not exhaustive, other unknown or unanticipated activities, inherent or other risks and outcomes may exist, and ORGANISER cannot assure my safety or eliminate all risks. ORGANISER representatives are available should I have further questions about the activities or the associated risks; INITIAL ______

8. I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for myself, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss I may suffer, resulting from those inherent and other risks, including but not limited to the risk of my, a co-participant’s, a Released Party’s and/or a third party’s passive or active negligence or other misconduct. INITIAL ______

RELEASE AND INDEMNITY

PLEASE READ CAREFULLY. THIS RELEASE AND INDEMNITY SECTION CONTAINS A SURRENDER OF CERTAIN LEGAL RIGHTS. In consideration of the acceptance of my entry, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows:

1. I HEREBY WAIVE, RELEASE AND DISCHARGE From Spark Adventure Photography, Cobi Sharpe and each of their respective parent, subsidiary and affiliated companies, assignees, licensees, owners, officers, directors, trustees, partners, board members, shareholders, members, supervisors, insurers, agents, employees, volunteers, contractors and representatives and all other persons or entities associated or involved with the activities (individually and collectively referred to in this Form as the "Released Party" and the “Released Parties”) with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (collectively referred to in this Form as “claim” or “claim/s”’) for any injury, damage, death, lost and/or stolen property, damaged equipment or other loss in any way connected with my enrolment or participation in the activities, negligence, whether passive

or active, of the Released Parties, any breach by the Released Parties of statutory duty, and/or use of any equipment, facilities or premises, howsoever caused. I AGREE HERE TO WAIVE ALL CLAIM/S I MAY HAVE AGAINST THE RELEASED PARTIES AND AGREE THAT NEITHER I, NOR MY ESTATE, HEIRS, ASSIGNS OR BENEFICIARIES NOR ANYONE ELSE ACTING ON MY BEHALF, WILL MAKE A CLAIM AGAINST THE RELEASED PARTIES FOR ANY INJURY, DAMAGE, DEATH OR OTHER LOSS I MAY SUFFER.

INITIAL ______

2. I HEREBY INDEMNIFY AND HOLD HARMLESS (“indemnify” meaning protect by reimbursement or payment) the Released Parties with respect to any and all claim/s brought by or on behalf of me, my spouse, a family member, a co-participant or any other person, for any injury, damage, death or other loss in any way connected with my enrolment or participation in the activities, negligence, whether passive or active, of the Released Parties, any breach by the Released Parties of statutory duty and/or use of any equipment, facilities or premises, howsoever caused. INITIAL _________

3. THIS RELEASE AND INDEMNITY SECTION INCLUDES BUT IS NOT LIMITED TO CLAIM/S FOR PERSONAL INJURY OR WRONGFUL DEATH (INCLUDING CLAIM/S RELATED TO EMERGENCY, MEDICAL, DRUG AND/OR HEALTH ISSUES, RESPONSE, ASSESSMENT OR TREATMENT), PROPERTY/EQUIPMENT DAMAGE, LOSS OF CONSORTIUM, BREACH OF CONTRACT OR ANY OTHER CLAIM, INCLUDING CLAIM/S RESULTING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. INITIAL _______

OTHER PROVISIONS

I understand and agree:

1. If I am signing as the participant’s legal guardian, I have the legal authority to act for the participant and on their behalf. If my guardian status is challenged or found invalid, I will defend and indemnify the Released Parties, to the fullest extent allowed by law and per the provisions of this Form, just as if I were the participant’s lawful legal guardian. INITIAL _______

2. If I wish to withdraw from the Workshop, or transfer my registration to another course of the Workshop or to a third party, I must do so myself by contacting ORGANISER before commencement of the booked course, and the Workshop specific cancellation and/or transfer policy set out on the Workshop website will apply. INITIAL ______

3. I authorize ORGANISER staff, representatives, contractors or other medical personnel to obtain or provide medical care for me, to transport me to a medical facility, and to provide treatment (including but not limited to evacuation, hospitalization, blood transfusions, surgery and medications) they consider necessary for my health. I agree to pay all costs associated with that care and transportation. I agree, to the release (to or by ORGANISER, insurance carriers, other health care providers and their staff, representatives or contractors) of any medical information or records necessary for treatment, referral, billing or other purposes. I agree to provide the name and contact phone number of a person, who is not a participant in the Workshop, who can be contacted in the Workshop of an emergency, which person will be available during and after the Workshop. INITIAL ______

4. I grant to ORGANISER, its affiliates, designees and assignees the right and permission to photograph, film, record and/or otherwise capture in any media the name, image, voice, written statement, photograph and/or visual likeness of me and/or my family members (collectively “images”), with right to sublicense, during the activities or otherwise, without compensation, for use for any purpose in any media throughout the world in perpetuity, including but not limited to use in broadcasts, photographs, publications, podcasts, webcasts, motion pictures, brochures, CDs, DVDs, internet websites, social media platforms, television, and/or in any related commercial, informational, educational, advertising, or promotional materials. I understand that all ownership and copyright rights in the images shall be owned by ORGANISER and I waive any inspection or approval rights. INITIAL _____

5. I am fully responsible for the security of my personal possessions at the Workshop and ORGANISER will not be liable for the replacement of any personal possessions. INITIAL _______

6. ORGANISER reserves the right, in its sole discretion, to dismiss any participant from the activities, and to deny or revoke entry of any applicant at any time. If I am dismissed or depart for any reason, I agree that I am responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise. In the event that ORGANISER denies or disqualifies any participant from the Workshop (either before or during the Workshop), ORGANISER will not refund any entry fees to that participant where the participant has misrepresented their eligibility to participate in the Workshop at the time of entry or has breached any of the conditions of this Form. INITIAL ______

7. ORGANISER, in its sole discretion, may delay, modify, or cancel the Workshop, including the right to alter the advertised start time (at their absolute discretion). If the Workshop is delayed, modified, or cancelled, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labour difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, or any other cause beyond the control of ORGANISER (e.g., contracted Covid-19), there shall be no refund of the Workshop’s course fee or any other costs incurred in connection with the Workshop. INITIAL _______

8. This Form is effective in regard to participant’s enrolment or participation in the activities from the date signed through the completion of all activities, and this Form shall remain in full force and effect following completion of all activities. INITIAL _______

9. ORGANISER may assign this Form to other entity/s or individual/s (“assignees”) at any time, and any such assignment will grant assignees the full rights and protections accorded in this Form.

Workshop Date _____________________
Participant’s full name (printed) _________________________________________________

Participant’s signature _____________________ Date _________________

Parental Consent (only if participant is under the age of 18) Parental/Guardian’s full name (printed) _________________________________________________
Parental/Guardian’s signature _____________________ Date _________________