WAIVER, RELEASE OF LIABILITY, AND PHOTO RELEASE
I hereby grant Andrea Migliore/Barefoot Photography permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.
I understand and agree that all photos will become the property of Andrea Migliore/Barefoot Photography.
I hereby irrevocably authorize Andrea Migliore/Barefoot Photography to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
I hereby hold harmless, release, and forever discharge Andrea Migliore/Barefoot Photography from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.​​​​​
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In consideration of the risk of injury while participating in a Photography Session (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for
myself, my heirs, executors, administrators, assigns, or personal representatives,
knowingly and voluntarily enter into this waiver and release of liability and hereby waive
any and all rights, claims or causes of action of any kind whatsoever arising out of my
participation in the Activity, and do hereby release and forever discharge Andrea Migliore of Kailua, HI, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, partners, predecessors, successors and assigns, and the venue where this event is taking place, including the venue owners, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I
AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE
OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS
PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT
LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING,
ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY
(INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I
UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY
OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE
CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL
RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION
IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Andrea Migliore and ALL affiliates against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation
or otherwise brought by me or anyone on my behalf, including attorney's fees and any
related costs, if litigation arises pursuant to any claims made by me or by anyone else
acting on my behalf. If Andrea Migliore incurs any of these types of expenses, I agree to
reimburse Andrea Migliore.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND
RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I
EXPRESSLY AGREE TO RELEASE AND DISCHARGE ANDREA MIGLIORE AND ALL OF
HER AFFILIATES, MANAGERS, MEMBERS, PARTNERS, AGENTS, ATTORNEYS,
STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS,
SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF
ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I
OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANDREA MIGLIORE FOR
PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this
release is also for negligence on the part of Andrea Migliore, her agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially
responsible for any costs incurred as a result of such treatment. I am aware and
understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my
family's willful actions, neglect or recklessness, I acknowledge and agree to be held
liable for any and all costs associated with any actions of neglect or recklessness.
By signing this agreement, I consent for Andrea Migliore to use my pictures and/or videos (as well as the other adult and minor participants in my party) for advertising and marketing purposes. I understand that this content will be public and
posted/shared on social media sites.
This Agreement is entered into without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Andrea Migliore agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be
deemed to be severable or invalid, or if any term, condition, phrase or portion of this
agreement shall be determined to be unlawful or otherwise unenforceable, the
remainder of this agreement shall remain in full force and effect, so long as the clause
severed does not affect the intent of the parties. If a court should find that any provision
of this agreement to be invalid or unenforceable, but that by limiting said provision it
would become valid and enforceable, then said provision shall be deemed to be written,
construed and enforced as so limited.