Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement*
This Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement (“Agreement”) is entered into between Willa Kveta Photography, Inc. (“WKP”) and the undersigned (“Client”). The provision of personal photography services and coaching services by WKP to Client (“Sessions”) are contingent upon this Agreement. This Agreement shall be effective on the last signature date set forth below. DISCLAIMER: You recognize and understand that my intentions are pure and by me holding space for you in our Sessions, I mean to honor and recognize your struggles as well as your gifts. I will hold space for you to work through whatever is manifesting for you, and I agree to meet you in truth, allowing space for healing and empowerment. However, our Sessions are not professional mental health care or medical care. If you feel psychologically stressed to the point that it is interfering with your ability to function, please have the courage to seek the help you need in the form of a professional therapist. ACKNOWLEDGMENTS: In that spirit, by purchasing a Session from WKP, you confirm that you have read and agreed to each statement and that you wish to proceed: I understand that Sessions are not a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions, and I will not use the Sessions in place of any form of therapy. I also understand that no one at WKP is acting as a mental health or medical professional. I understand that Sessions are intended to be freeing, honest, raw, uplifting, empowered, intuitive, meditative, strengthening, bonding, opening, supportive, loving, and sacred. I understand that Sessions are not in any way intended to be sexual, predatory, judgmental, or hateful. I acknowledge that WKP has informed me of the inherent risks of the Sessions and will recommend adjustments to my experience if deemed necessary. I understand that all communications, writings, and ideas offered by WKP before, during, and after my Sessions are solely for the purpose of aiding me in achieving the defined goals I create. I understand and agree that I am fully responsible for my well-being and choices before, during, and after my Sessions. I have the ability to give my informed consent, and I hereby give such consent to WKP to assist me in achieving my goals with the understanding that results are not guaranteed. ASSUMPTION OF RISK: I understand the dangers associated with physical activity, including posing for photographs. I understand that Sessions may take place outdoors and that the dangers which I may encounter at the site(s) where the Sessions take place (in each case, a “Site”) include, but are not limited to: wild animals, poisonous snakes, and harmful insects; poisonous vegetation; falling from steep slopes, cliffs or narrow trails; and rough terrain. I also understand that Sessions may evoke intense emotions, including but not limited to: trauma, guilt, pain, and fear. I realize that WKP cannot guarantee the availability of emergency psychological or medical services or emergency transportation to psychological or medical facilities. I agree that I am voluntarily participating in the aforementioned activities and assume all risks of physical or emotional injury, illness, damage, or loss to me or my property that might result. This includes, without limitation, injuries or damages arising out of the negligence of WKP, whether active or passive, or any of WKP’s affiliates, employees, agents, representatives, successors, and assigns, as well as any loss or theft of any personal property, whether arising out of the negligence of WKP or otherwise. RELEASE: I agree on behalf of myself (and all my representatives, heirs, executors, administrators, agents, and assigns) to release and discharge WKP (and WKP’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all liability, claims, and demands of whatever kind, arising under law or equity, which arise or may hereafter arise from or are connected with my participation in the Sessions. This release discharges WKP from any liability or claims that Client may have against WKP with respect to physical or emotional injury, illness, loss of life, or damage to property that may result from my participation in the Sessions, whether caused by the passive or active negligent actions or otherwise of WKP or caused by my own actions. INDEMNIFICATION: By executing this Agreement, I hereby agree to defend, indemnify, and hold harmless WKP (and WKP’s affiliates, related entities, employees, agents, representatives, successors, and assigns) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by an indemnified party in a final judgment, arising out or resulting from any claim of a third party related to the provision of Sessions by WKP to Client. I expressly agree that the Agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I understand and agree by signing this document or participating in the Sessions that this is a complete and irrevocable release and waiver of liability. I have carefully read and voluntarily signed this Assumption of Risk, Waiver and Release of Liability, and Indemnity Agreement and further agree that no oral representations, statements, or inducement apart from the foregoing written Agreement have been made. IN WITNESS WHEREOF, each party has caused this Agreement to be executed as of the Effective Date below by its duly authorized officer.