DAN SMARG PHOTOGRAPHY LIABILITY RELEASE (Adult): In exchange for participation in the activity of Video & Photo Production or Guided Photography Tour organized by Dan Smarg & Dan Smarg Photography, of and/or use of the property, facilities and any / all "services" of Dan Smarg & Dan Smarg Photography, I agree for myself and (if applicable) for the members of my family, to the following: 1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all verbal or posted rules and warnings, and further agree to follow any oral instructions or directions given by Dan Smarg & Dan Smarg Photography, or the employees, representatives or agents of Dan Smarg & Dan Smarg Photography or any other authoritarian figure responsible for the safety and security of the immediate facility or “premises” as it relates to the relative “proximity” of the multimedia capture location or site for my safety and those also participating in the shoot. 2. ASSUMPTION OF THE RISKS AND LEGAL LIABILITY RELEASE. I recognize that there are certain inherent risks associated with the above described multimedia capture or tour activity and I assume FULL and IRREVOCABLE responsibility for personal injury or personal physical or property “loss” of any kind or nature to myself and (if applicable) my family members. And further release and discharge Dan Smarg & Dan Smarg Photography for injury, loss or damage or sickness, illness or viral infection, including, but not limited to COVID-19 and similar strains, side-affects or related health hazards, loss of employment or any “value” etc. arising out of my or my family's use of or presence upon the facilities or locations used or rented by or owned by Dan Smarg & Dan Smarg Photography, whether caused by the fault of myself, my family, Dan Smarg & Dan Smarg Photography or other third parties. 3. INDEMNIFICATION. I agree to indemnify and defend Dan Smarg & Dan Smarg Photography against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Dan Smarg & Dan Smarg Photography. 4. FEES. I agree to pay for ALL physical or mediacal damages to the employees, affiliates, legal assigns etc of these facilities, of property or “production related gear” owned by Dan Smarg & Dan Smarg Photography caused by any negligent, reckless, or willful actions by me or my family. 5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Montana law. 6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Dan Smarg & Dan Smarg Photography has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement. 7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. No other affiliation is hereby implied nor construed. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. 8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. 9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure starting with legal arbitration by a Third Party Arbitrator / Mediator. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The Mediator / Arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction. 10. EMERGENCY CONTACT. In case of an emergency, please call my "Emergency Contact" listed below. I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. SIGNATURE ADDENDUM: I hereby acknowledge that Dan Smarg and Dan Smarg Photography intend to license Photos and Video Content that contain my likeness to a variety of Third Party Stock Websites, Archives and Agencies for potential Worldwide commercial or editorial use. Therefore, this contract is accepted by DAN SMARG and DAN SMARG PHOTOGRAPHY and cannot be changed via oral or implied communication. Only written and counter-signed or digitally acknowledged addendums may apply. Dan Smarg and Dan Smarg Photography can only accept one “Digital Signature” per form. I hereby represent that that by reading, reviewing, acknowledging and voluntarily submitting this digital form in a digital format via online, wireless internet, email or any other digital transfer that my action and submission constitutes my Legal Signature as if it were a physical, Legal Signature on a printed page. Any changes must be requested in writing in conjunction with the retention of Legal Counsel by BOTH Parties. By signing the below Digital Form, I hereby accept ALL TERMS listed herewith and relinquish the right to validating this Agreement via physical or printed signature. My submission is, in effect, my legal agreement and “signature” validating my acceptance of these TERMS. My acceptance is binding upon submission of this Form and therefore cannot be voided once digitally submitted in any way shape or form. If I require a physical printed copy of this Release of Liability Agreement or Appearance Release, I must request it in writing. Finally, I agree to submit this Licensing & Appearance Release Agreement in good faith. If I have any questions or additional concerns and/or legal stipulations, I may consult my own legal counsel or contact DAN SMARG | DAN SMARG PHOTOGRAPHY directly PRIOR TO SUBMISSION via this website Contact Form: https://www.dansmargphotography.com/contact *

I have read the above and am of legal age to accept these terms.

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I have read and am of legal age to accept the terms listed in the form above as well as the Photographer's Terms of Use.