FIELD DAY PARTICIPANT AGREEMENT
Please read this agreement carefully before registering for or participating in a Nicholas Albert Photography Field Day. By completing registration and affirmatively accepting this agreement, the Participant acknowledges that they have read, understood, and agreed to its terms.
1. Definitions
For purposes of this agreement:
“Nicholas Albert Photography LLC” means Nicholas Albert Photography LLC, including its owner, employees, contractors, assistants, agents, and representatives. For readability, Nicholas Albert Photography LLC may also be referred to in this agreement as “Nicholas Albert Photography.”
“Participant” means the individual registered to attend the Field Day.
“Field Day” means the one-day photography education experience identified in the Participant’s registration, including instruction, field sessions, demonstrations, hiking or walking, group activities, and related activities conducted as part of the event.
“Field Day Fee” means the amount paid to Nicholas Albert Photography for participation and instruction.
“Participant Materials” means the Field Day Guide, Welcome Packet, location information, safety information, preparation materials, and other educational resources provided by Nicholas Albert Photography.
2. Nature of the Field Day
Nicholas Albert Photography Field Days are small-group, instructor-led outdoor photography experiences conducted in natural environments.
Field Days may involve walking or hiking, uneven terrain, stairs, rocks, mud, water, wet or slippery surfaces, elevation changes, changing weather, low-light conditions, wildlife, insects, vegetation, limited cell service, and other conditions commonly encountered while photographing outdoors.
Specific locations, routes, schedules, subjects, and photographic opportunities are dependent upon weather, access, environmental conditions, park regulations, safety considerations, and other circumstances that may change before or during the Field Day.
Nicholas Albert Photography does not guarantee particular weather, light, water levels, foliage, wildlife, photographic conditions, compositions, images, or creative results.
3. Safety and Participant Responsibilities
Safety is a primary consideration; however, outdoor photography involves real hazards, and accidents can occur.
No photograph is worth injury, loss, or unsafe behavior.
The Participant is responsible for:
determining whether they are physically capable of participating;
monitoring their own physical condition and limitations;
wearing appropriate footwear and clothing;
carrying adequate food, water, medications, and necessary personal supplies;
safely transporting and operating their photographic equipment;
following applicable park regulations, posted signs, closures, and restrictions;
following reasonable safety instructions provided by Nicholas Albert Photography;
exercising sound judgment around water, cliffs, rocks, trails, weather, wildlife, and other natural hazards; and
declining or discontinuing any activity they believe exceeds their ability, comfort level, or acceptable level of risk.
If the Participant believes conditions are unsafe, they should immediately discontinue participation in that activity and notify the instructor when reasonably possible.
Failure to follow reasonable safety instructions may result in removal from the Field Day.
4. Assumption of Risk
The Participant understands and acknowledges that participation in an outdoor photography Field Day involves inherent and other risks that cannot be completely eliminated without fundamentally changing the nature of the activity.
Risks may include, but are not limited to:
slips, trips, and falls;
uneven, steep, rocky, muddy, wet, icy, or slippery terrain;
stairs, cliffs, overlooks, loose rock, and falling objects;
waterfalls, streams, rivers, lakes, waves, and other bodies of water;
changing or severe weather;
heat, cold, wind, rain, snow, ice, lightning, or other environmental conditions;
insects, wildlife, poisonous plants, and other natural hazards;
physical exertion, fatigue, dehydration, or illness;
injury associated with carrying or using photographic equipment;
delayed access to emergency assistance;
limited or unavailable cellular service;
acts or omissions of other participants, visitors, or third parties;
vehicle or travel-related risks; and
loss of or damage to personal property.
The Participant understands that these risks may result in property loss or damage, illness, bodily injury, serious injury, permanent disability, or death.
The Participant knowingly and voluntarily accepts and assumes the inherent risks associated with participating in the Field Day.
5. Release of Liability and Hold Harmless
To the fullest extent permitted by applicable law, the Participant releases, waives, discharges, and holds harmless Nicholas Albert Photography LLC, including its owner, employees, contractors, assistants, agents, and representatives, from claims, demands, causes of action, damages, liabilities, losses, costs, or expenses arising out of or relating to participation in the Field Day.
This release includes claims involving personal injury, illness, death, emotional distress, property loss, theft, or equipment damage and, to the maximum extent permitted by applicable law, claims arising from the ordinary negligence of Nicholas Albert Photography LLC or its owner, employees, contractors, assistants, agents, or representatives.
Nothing in this agreement is intended to release liability that cannot legally be waived, including liability for conduct for which a waiver is prohibited by applicable law.
6. Signed Acknowledgment of Risk and Release
As a condition of participation, each Participant must complete and return the Nicholas Albert Photography LLC Field Day Acknowledgment of Risk and Release of Liability before attending the Field Day.
The signed acknowledgment supplements and reinforces the assumption-of-risk and release provisions contained in this agreement. It does not replace this agreement or alter the terms accepted during registration.
A Participant who has not submitted the required signed acknowledgment may not participate in the Field Day.
7. Equipment and Personal Property
The Participant is solely responsible for the transportation, care, security, and safe use of all cameras, lenses, tripods, electronics, clothing, vehicles, and other personal property brought to the Field Day.
Outdoor photography may expose equipment to water, moisture, sand, dirt, impact, falls, weather, and other hazards.
Nicholas Albert Photography is not responsible for property that is lost, stolen, damaged, or destroyed before, during, or after the Field Day except to the extent liability cannot legally be excluded.
Participants are encouraged to maintain appropriate insurance coverage for valuable photographic equipment.
8. Transportation and Personal Expenses
Unless expressly stated otherwise, transportation to, from, and during the Field Day is not provided by Nicholas Albert Photography.
The Participant is responsible for their own:
transportation;
parking;
park or entrance fees;
fuel;
meals and beverages;
accommodations, if desired;
medical expenses;
equipment expenses; and
other personal costs associated with attendance.
Nicholas Albert Photography is not responsible for losses or expenses caused by traffic, vehicle problems, travel delays, road closures, missed arrival times, or other circumstances outside its reasonable control.
9. Medical and Emergency Responsibility
The Participant is responsible for their own health, medical needs, medications, emergency supplies, and physical readiness.
The Participant understands that some Field Day locations may be some distance from emergency medical services and that response times may vary.
If a medical or safety emergency occurs and the Participant is unable to act for themselves, the Participant authorizes Nicholas Albert Photography to contact or assist in obtaining emergency services when reasonably necessary.
The Participant remains responsible for medical treatment, ambulance services, rescue expenses, transportation, and other costs incurred on their behalf.
10. Participant Conduct and Land Stewardship
Field Days are professional, small-group educational experiences.
Participants are expected to treat the instructor, other participants, park staff, members of the public, and other individuals with respect.
Harassment, discrimination, threatening conduct, intoxication that compromises safety, illegal activity, intentionally unsafe behavior, or conduct that substantially interferes with the experience of others will not be tolerated.
Participants must comply with:
land-manager and park regulations;
trail and area closures;
posted restrictions;
private property boundaries;
wildlife protections;
Leave No Trace principles; and
reasonable instructions intended to protect participants, the public, or the landscape.
Participants may not intentionally damage vegetation, geological features, wildlife habitat, or other natural resources for the purpose of creating a photograph.
11. Registration, Cancellation, and Transfers
Field Day registration is confirmed when the full Field Day Fee has been received.
Because attendance is strictly limited and each registration reserves one of a small number of available spaces, Field Day registrations are generally non-refundable.
Participant Cancellation — 31 Days or More Before the Field Day
A Participant who provides written notice at least 31 days before the scheduled Field Day may request a one-time transfer of their registration to another available Nicholas Albert Photography Field Day occurring during the current or following calendar year.
Transfers are subject to availability and are not guaranteed.
Any difference in registration price between the original and replacement Field Day will be the Participant’s responsibility.
Participant Cancellation — 30 Days or Fewer Before the Field Day
Registrations cancelled 30 days or fewer before the Field Day are non-refundable and generally non-transferable.
If Nicholas Albert Photography is able to fill the Participant’s vacated space, Nicholas Albert Photography may, at its discretion, offer a credit toward another available Field Day during the current or following calendar year.
No credit is guaranteed.
Participant Non-Attendance
No refund or credit is provided for failure to attend, late arrival, early departure, or voluntarily choosing not to participate in all or part of the Field Day.
12. Weather, Conditions, and Changes to the Field Day
Landscape photography is inherently dependent upon changing conditions.
Clouds, rain, wind, temperature changes, variable water levels, changing light, and other ordinary weather conditions are considered part of the Field Day experience and do not, by themselves, constitute grounds for cancellation or refund.
Nicholas Albert Photography may adjust:
meeting times;
routes;
shooting locations;
instructional activities;
the order of instruction; or
other aspects of the Field Day
when reasonably necessary because of weather, trail conditions, park restrictions, crowds, access, safety concerns, environmental conditions, or other circumstances.
Every reasonable effort will be made to preserve the educational purpose and overall character of the Field Day.
13. Company Cancellation or Rescheduling
Nicholas Albert Photography may cancel, postpone, relocate, shorten, or reschedule a Field Day if conditions make the event unsafe, unlawful, impractical, or impossible to conduct as planned.
This may include severe weather, instructor illness or injury, park closure, trail closure, natural disaster, government restriction, unsafe environmental conditions, or another significant circumstance outside Nicholas Albert Photography’s reasonable control.
When reasonably possible, Nicholas Albert Photography may first attempt to reschedule the Field Day or provide a suitable alternative.
If Nicholas Albert Photography cancels the Field Day and does not provide a rescheduled or replacement event, the Participant will receive a refund of the Field Day Fee paid to Nicholas Albert Photography.
Nicholas Albert Photography is not responsible for transportation, lodging, meals, equipment rental, lost wages, travel arrangements, or other expenses incurred by the Participant.
14. Removal for Cause
Nicholas Albert Photography may remove a Participant from the Field Day for:
intentionally unsafe conduct;
refusal to follow reasonable safety instructions;
harassment or threatening behavior;
illegal activity;
intoxication that compromises safety;
intentional violation of park or land-manager rules;
intentional environmental damage; or
other conduct that materially compromises safety, access, or the experience of the group.
A Participant removed for cause is not entitled to a refund or credit.
15. Indemnification
To the fullest extent permitted by applicable law, the Participant agrees to indemnify and hold harmless Nicholas Albert Photography LLC, including its owner, employees, contractors, assistants, agents, and representatives, from claims, liabilities, damages, losses, costs, or expenses arising from:
the Participant’s own acts or omissions;
the Participant’s violation of law or land-management regulations;
the Participant’s breach of this agreement; or
third-party claims arising from the Participant’s conduct.
16. Limitation of Liability
To the fullest extent permitted by applicable law, Nicholas Albert Photography LLC will not be liable for indirect, incidental, special, consequential, or punitive damages arising from participation in or inability to participate in the Field Day.
To the extent permitted by applicable law, if liability is imposed despite the limitations contained in this agreement, Nicholas Albert Photography LLC’s total liability will not exceed the Field Day Fee actually paid by the Participant for the specific Field Day giving rise to the claim.
17. Force Majeure
Nicholas Albert Photography is not responsible for delays, interruptions, modifications, or cancellations caused by circumstances outside its reasonable control.
Such circumstances may include severe weather, natural disasters, wildfire, flooding, hazardous environmental conditions, road or trail closures, evacuation orders, park restrictions, government actions, public emergencies, civil disturbances, transportation interruptions, infrastructure failures, or other circumstances making the Field Day unsafe, unlawful, impractical, or impossible to conduct as planned.
Nicholas Albert Photography may respond to such circumstances by modifying the schedule, changing locations, substituting activities, postponing the Field Day, rescheduling the Field Day, or cancelling when reasonably necessary.
18. Educational Materials and Intellectual Property
Participant Materials are provided for the registered Participant’s personal educational use.
Unless expressly authorized in writing by Nicholas Albert Photography LLC, Participant Materials may not be reproduced, distributed, published, uploaded, sold, sublicensed, or shared with others.
Participants retain all rights to photographs they personally create during the Field Day.
Nothing in this agreement grants Nicholas Albert Photography LLC ownership of a Participant’s photographs.
19. Governing Law and Good-Faith Resolution
The Participant agrees to contact Nicholas Albert Photography in writing regarding any concern or dispute and allow a reasonable opportunity for the parties to attempt to resolve the matter in good faith.
To the extent permitted by applicable law, this agreement will be governed by the laws of the State of Illinois, without regard to conflict-of-law principles.
Any venue or jurisdiction provision applicable to this agreement will be subject to controlling law and any consumer protections that cannot legally be waived.
20. Entire Agreement and Severability
This Field Day Participant Agreement, together with the signed Field Day Acknowledgment of Risk and Release of Liability and any policies expressly incorporated into it, constitutes the agreement between the Participant and Nicholas Albert Photography LLC concerning participation in the Field Day.
If any provision of this agreement is determined to be invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.
No failure by Nicholas Albert Photography LLC to enforce a provision on one occasion constitutes a waiver of that provision in the future.
Participant Acknowledgment
By registering for a Nicholas Albert Photography Field Day, I acknowledge that:
I have read and understand this Field Day Participant Agreement;
I understand that outdoor photography involves inherent risks;
I voluntarily choose to participate and accept those risks;
I understand my responsibilities regarding safety, equipment, physical readiness, and conduct;
I understand the Field Day cancellation, transfer, weather, and rescheduling policies;
I agree to complete and return the required signed Field Day Acknowledgment of Risk and Release of Liability before participating; and
I voluntarily agree to the terms of this Field Day Participant Agreement.