DAN SMARG & DAN SMARG PHOTOGRAPHY LIABILITY | APPEARANCE RELEASE, ASSUMPTION OF ALL RISKS AND BINDING ARBITRATION AGREEMENT : DAN SMARG and DAN SMARG PHOTOGRAPHY, DAN SMARG PHOTOGRAPHY, SP., its and their employees, shareholders, subsidiaries, affiliates, officers, directors, successors, representatives and assigns (collectively, DAN SMARG and DAN SMARG PHOTOGRAPHY) does not own or operate any entity which provides, or is to provide, goods or services for your trip including, for example, equipment rentals, lodging facilities, transportation companies, food service or entertainment providers, equipment procurement services, suppliers, tour operators of recreational, adventure or other activities (regardless of whether such activities are included as part of the DAN SMARG PHOTOGRAPHY Adventure Experience Service or “trip” itinerary), babysitters or daycare providers, pet-sitters, pet owners, etc. All liability, concern or discourse, legal or otherwise, is assigned to and the full legal responsibility of those individuals, entities, Third Pary Ventures, commercial or otherwise. As a result, DAN SMARG and DAN SMARG PHOTOGRAPHY are not liable for any negligent or willful act or failure, whether determined fault is allegedly that of DAN SMARG or DAN SMARG PHOTOGRAPHY or not, to act of any such third person, or of any other third party, its employees, contractors, affiliates, representatives or legal / implied assigns. In addition, I acknowledge that I have voluntarily signed up for, paid to attend and therefore agreed of my own free will to participate in the DAN SMARG and DAN SMARG PHOTOGRAPHY Backcountry Adventure or Guided Experience “trip” designated on DAN SMARG PHOTOGRAPHY’s website, https://www.dansmargphotography.com, this Adventure Experience booking and checkout process / trip application (or a similar adventure, experience or trip to which I may subsequently transfer). ASSUMPTION OF ANY & ALL INHERANT | IMPLIED RISKS: I am voluntarily participating in this Backcountry Adventure, Guided Experience “trip” with the knowledge of the numerous inherent, implied, or expressly stipulated risks and/or “dangers” that may be involved including but not limited to: Negligence, either real, implied or otherwise, in any manner on the part of DAN SMARG and DAN SMARG PHOTOGRAPHY including, without limitation, negligence in all Services provided, inherent experience, activity, conduct or arrangement of the “trip” in any respect from inception to completion, negligence with regard to physical exercise, personal participation in bicycle / ebike or vehicular travel, selection, rental, riding or maintenance of any vehicle; the use, installation or maintenance of any optional or add-on equipment such as pedals, odometers, mirrors, bar ends, etc.; in the maintenance or operation of any van or other motor vehicle utilized to transport passengers, etc.; acts of God or force majeure, acts of war or civil unrest, insurrection or revolt, acts of government, strikes or other labor activities; physical exertion for which I am not prepared; negligent or reckless riding, driving, hiking, walking, running, dog-walking, wild animal encounters, cycling by the participant or others; inability to properly operate a bicycle; forces of nature; weather conditions; transportation failures or the failure of any transportation mechanism to arrive or depart timely or safely, whether by any vehicular or mechanical mode of transportation, including, but not limited to: 4x4, SUV, AWD, 2WD, self-propelled, vehicle, electric-bicycle, plane, train, auto, boat, canoe, kayak, ski, horseback or other animal, by foot, or by any other conveyance; consumption of alcoholic beverages, mind-altering “substances” etc; risks associated with food or impure water; terrorism or the threat thereof; criminal activity; bites from or dangers associated with wild or other animals, personal pets, requested or paid / “rented” “Pooch Pals” such as large dogs, small dogs, coyote, werewolf or any canine creature derivation; pests or insects; negligence or willful misconduct by third parties; breakdown or failure of vehicles, bicycles or other any kind of conveyance equipment; financial default of any supplier; high altitude; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; the adequacy of medical attention once provided; epidemics or the threat thereof including, but not limited to, exposure to COVID-19 or any “medially or personally determined ailment / affliction,” mental, emotional or physical, implied or otherwise; by any means of alleged transmission implied or otherwise; stolen, lost, broken, damaged, or “misplaced” personal property, rented property, borrowed equipment, luggage or property etc; and theft or break-ins into personal vehicles, vans, lodging rooms or elsewhere. I also openly acknowledge that the enjoyment and excitement of Adventure Experiences and “adventure travel” is derived in part from the inherent risks and potential dangers incurred by such travel and any activity beyond the accepted safety of life at home or work and that these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I HEREBY AGREE TO BE RESPONSIBLE FOR MY OWN WELFARE AND ACCEPT ANY AND ALL RISKS OF DELAY, DANGER, UNANTICIPATED EVENTS, INCONVENIENCE, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH THAT MAY OCCUR TO ME PERSONALLY OR TO OTHERS I INTERACT WITH. I acknowledge that the cost of all DAN SMARG and DAN SMARG PHOTOGRAPHY Services and Adventure Experience “trips” is based upon my participation, that of Minors in my care, and that of other trip participants executing this Release of Liability, Assumption of All Risks, and Binding Arbitration Agreement. I agree that this Agreement shall be legally binding upon me personally, all members of my family and any/all minors traveling with me, my and their heirs, successors, assigns, and legal representatives, it being my intention fully to assume all the risks associated with this trip and to release DAN SMARG personally, and the entity, DAN SMARG PHOTOGRAPHY, its employees, legal assigns, volunteers, friends, implied or otherwise, from any and all liability to the maximum extent permitted by law wherever any such infraction, injury, loss of property, damage, misconception, theft, or any “personal disagreement,” or similar hurt feelings or loss may occur. VISUAL MULTIMEDIA CONTENT APPEARANCE RELEASE: I understand that DAN SMARG and DAN SMARG PHOTOGRAPHY reserves the right to take digital photographic, video, film, drone, gimbal, cellular phone, Go-Pro, miscellaneous recording device-captured digital and analog records of me, minors I may be accompanying, and my personal possessions on any of DAN SMARG PHOTGRAPHY trips. Therefore, I hereby agree that DAN SMARG and DAN SMARG PHOTOGRAPHY, its employees, legal assigns, contractors, volunteers, anyone paid or otherwise, may use any such visual and digital or analog records as stipulated above for promotional and/or commercial purposes, as well as approve such use by Third Parties, commercial or otherwise, with whom DAN SMARG or DAN SMARG PHOTOGRAPHY may engage in joint marketing, commercial licensing, publication, digital distribution online, via the Internet, Social Media platforms and any digital transference without any remuneration or compensation to me. I hereby assign all rights, titles, and interests I may have in or to any and all such multimedia in which my name, voice, appearance or similar likeness might be used by DAN SMARG or DAN SMARG PHOTOGRAPHY its employees, assigns and Third Party affiliates. I also agree that if DAN SMARG or DAN SMARG PHOTOGRAPHY requests that I sign a separate Digital Appearance Release for DAN SMARG or DAN SMARG PHOTOGRAPHY or any Third Party Contributor, Business, Commercial Entity, Enterprise, Digital Agency, Stock Website, Social Media Platform or similar commercial venture, I will readily comply with the request as my signature herewith is legally binding. I also agree that if I do not wish to be photographed or captured on digital media, I must specifically request DAN SMARG or DAN SMARG PHOTOGRAPHY not use any digital capture equipment on my Adventure Experience to capture any content at all. If I do not consent to be photographed or digitally captured in any way, I acknowledge DAN SMARG and DAN SMARG PHOTOGRAPHY will therefore also not provide me with any Photography or Videography Services, paid or otherwise. And it will not provide me with any visual record of my Adventure Experience because the success of these Experiences is predicated upon Dan Smarg’s ability to freely and effectively market them. In consideration of my legal consent to the Appearance Release and be photographed and/or digitally captured, I may request copies of any photos or video footage, links and clips. However, DAN SMARG not DAN SMARG PHOTOGRAPHY is not required to do so nor, if they do choose to provide digital consideration, to do so on any specific timeline. I also acknowledge that DAN SMARG and DAN SMARG PHOTOGRAPHY will, in all good faith and “Customer Service” make best efforts to provide digital consideration when requested. Unless otherwise stipulated or contracted by sale of Services rendered, paid or contractually provided, I am not obligated to pay DAN SMARG or DAN SMARG PHOTOGRAPHY for any such digital consideration if I did not directly commission it. Additionally, in good faith, I agree to provide DAN SMARG and DAN SMARG PHOTOGRAPHY with any Reviews or Customer Feedback Surveys requested either on dansmargphotography.com or via a Third Party website, Social Media Platform, Referral Service, Personal Reference etc. SAFETY LIABILITY: I agree to follow all written and verbal rules of safety presented to me by DAN SMARG and DAN SMARG PHOTOGRAPHY. I acknowledge DAN SMARG and DAN SMARG PHOTOGRAPHY are trained in Wilderness First Aid and have experience in the backcountry locations we are visiting / travelling to, however I HEREBY WAIVE / DISAVOW DAN SMARG AND DAN SMARG PHOTOGRAPHY OF ANY AND ALL RESPONSIBILITY, DIRECTLY IMPLIED OR OTHERWISE, TO ENSURE MY SAFETY, HEALTH, BODILY INJURY OR MENTAL / EMOTIONAL ILLNESS AND/OR DEATH AND ANY POTENTIAL RESPONSIBILITY I MAY HAVE IN THAT OF OTHER PARTICIPANTS. I understand that DAN SMARG and DAN SMARG PHOTOGRAPHY reserves the right to refuse me, minors in my care, supervision or legal responsibility; my pet(s), “Pooch Pals” etc, as Adventure Experience “trip” participant(s), or remove from a “trip,” without refund, recourse or remuneration, any person, pet or minor child DAN SMARG or DAN SMARG PHOTOGRAPHY judges, decides, concludes, requests, emotionally or non-medically determines, to be physically, mentally, emotionally, incapable of meeting the rigors and requirements of participating in the Adventure Experience “trip” activities, or who is verbally, physically, emotionally or otherwise abusive, disrespectful, dishonest, or otherwise “uncooth” to DAN SMARG, DAN SMARG PHOTOGRAPHY, its employees, assigns and representatives, other “trip” participants, leaders, business partners, collaboration partners, friends, acquaintances, or Third Parties, or who it determines to detract from the enjoyment of the trip by others. DAN SMARG and DAN SMARG PHOTOGRAPHY reserve the right to make route, hotel, itinerary and Adventure Experience trip modifications, changes and “last-minute alterations” as required by local laws, weather conditions, perceived or otherwise determined or desirable, to improve the trip quality, safety, timeline schedule, avoid dangers etc. and/or to accommodate the comfort and well-being of everyone involved / personally or professionally interested. BINDING ARBITRATION: I, and any minors in my legal care, hereby agree that any dispute concerning, relating or referring to this Agreement, the website, verbal conversation, brochure or any other literature, digital, physical, verbal or otherwise concerning this Adventure Experience “trip,” or the trip itself, multimedia production etc. shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). I agree that such proceedings will be governed by substantive (but not procedural) California Law without consideration of the California Arbitration Act and will take place in Los Angeles, CA. Except for trips in California, the California Vehicle Code will be inapplicable to my trip or any claim arising therefrom. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. By agreeing to these terms and conditions, I, as well as DAN SMARG and DAN SMARG PHOTOGRAPHY, waive our right to a trial by jury and agree to private arbitration paid for solely by the “concerned” party. KNOWING & VOLUNTARY EXECUTION: I have carefully read and fully understand the contents and legal ramifications of this Agreement as well as all the conditions as stated in all sections of the current DAN SMARG PHOTOGRAPHY website, emails, phone conversations, personal conversations, written or otherwise, brochures, including, but not limited to, those regarding, payment, cancellation, rescheduling and refund policies. Exceptions to this Agreement and those policies cannot be made for any reason, including but not limited to, any Act of God, Force Majeure, weather, terrorism, civil unrest, personal, family or medical emergencies. I understand that this Agreement is legally binding and enforceable contract and sign it as a legal adult, 18-years or older, and of my own free will. I also agree that any Minors I am legally responsible for under the age of 18 shall abide by all terms herewith. I agree that if any portion of this Agreement is currently or eventually discovered or otherwise “determined” to be void, “unfair” or otherwise unenforceable, the remaining portions and terms shall, in their entirety, remain in full force and full effect to the extent of Local Federal, State, County, City and Country Laws. CANCELLATION POLICY: If you must cancel your reservation, your cancellation fee will be determined according to the chart below. Cancellation Fees (Per Person, Minors Included): 24-Hour Notice Prior to Scheduled Meeting / Departure: NO FEE LESS THAN 24 Hours Notice Prior to Scheduled Meeting / Departure: 100% Booking | Service | ALL FEES REMITTED UPON INITIAL BOOKING FOR ALL SERVICES * Includes any Adventure Experience “trip” or paid Service(s), paid or otherwise implied, that requires added dates or itinerary changes. † Deposits: Rather than paying the Cancellation Fee, you may choose to keep your trip fees as a “deposit” to use on a future DAN SMARG PHOTOGRAPHY Adventure Experience “trip” or similar Service with no loss of value or expiration date. This contract is accepted by DAN SMARG and DAN SMARG PHOTOGRAPHY in Calabasas, California, and cannot be changed via oral or implied communication. We can only accept one “Digital Signature” per form. Any changes must be requested in writing in conjunction with the retention of Legal Counsel by BOTH Parties – paid entirely by Customer | Booking Party. By signing the below Digital Form, I hereby accept ALL TERMS listed herewith and relinquish the right to validating this Agreement via physical signature. My submission is, in effect, my legal agreement and “signature.” My acceptance is binding upon submission of this Form and therefore cannot be voided once submitted. If I require a physical printed copy of this Release of Liability Agreement or Appearance Release, I must do so in writing prior to the 24-Hour Cancellation deadline stipulated above or I shall relinquish ALL FEES PAID without recourse. Finally, I agree to submit this Liability | Appearance Release Agreement in good faith PRIOR to the 24-Hour Cancellation Notice Deadline and before I begin my Adventure Experience. If I have not done so, DAN SMARG and DAN SMARG PHOTOGRAPHY are not obligated to render any Services, Adventure Experiences, guided, implied or otherwise until I do submit this Agreement. If I have any questions or additional concerns and/or legal stipulations, I may contact DAN SMARG | DAN SMARG PHOTOGRAPHY directly via this website Contact Form: https://www.dansmargphotography.com/contact