SERVICE AGREEMENT & LIABILITY WAIVER
Please read the agreement below and provide your signature to confirm acceptance.
SERVICE AGREEMENT & LIABILITY WAIVER
This Private Photography Experience Agreement (“Agreement”) is entered into by and between Figure 8 (“we,” “us,” or “our”) and the undersigned guest (“Guest” or “you”). This Agreement governs the provision of private photography services and clarifies the scope, responsibilities, and risks associated with the experience.By signing, you acknowledge and agree to the terms herein.1. SCOPE OF SERVICES
1.1 Services Provided: Figure 8 shall provide private, documentary-style photography services designed to capture the Guest’s experience. Our approach is flexible and tailored to the Guest’s preferences.1.2 Creative License: Figure 8 retains discretion regarding the artistic style, composition, and technical aspects of the photography. The Guest acknowledges that the documentary nature of the service means moments may be captured as they occur; however, reasonable requests for posed or staged photographs may be accommodated at Figure 8’s discretion, subject to practical, environmental, and operational constraints.1.3 Image Delivery: Final edited images will be delivered via a secure digital gallery within the timeframe specified in the booking confirmation issued by Figure 8. Figure 8 reserves the right to select which images are edited and delivered; raw or unedited files will not be provided.2. EXCLUSIONS AND THIRD-PARTY INTERACTION
2.1 Environmental Factors: Figure 8 is not liable for outcomes affected by weather, lighting, restricted access, or crowd presence in public or private venues.2.2 Third-Party Activities: The Guest acknowledges that Figure 8 is an independent service provider and not an agent, organizer, or supervisor of any third-party activities (e.g., heli-skiing, yachting, guided tours). Figure 8 is not liable for the acts or omissions of third parties. This provision does not limit liability for acts or omissions of Figure 8 or its contractors where such liability cannot be excluded by law.3. FEES, BOOKING, AND CANCELLATIONS
3.1 Payment Requirement: Full payment must be received prior to the commencement of services.3.2 Booking Confirmation: Dates, times, locations, and scope of services will be confirmed in writing in a booking confirmation issued by Figure 8, which shall form part of this Agreement.3.3 Cancellations & Rescheduling: Cancellations or rescheduling requests shall be subject to the terms outlined in the booking confirmation. Figure 8 will use reasonable efforts to accommodate changes due to weather, safety, or operational considerations, including but not limited to photographer availability, equipment limitations, access restrictions, or logistical constraints.3.4 Force Majeure: Neither party shall be liable for failure to perform due to events beyond the reasonable control of either party, including Acts of God, government restrictions, or other unforeseeable events. In such cases, Figure 8 will offer either (a) a credit toward a future experience or (b) a refund of fees paid for services not performed, at Figure 8’s discretion.4. GUEST RESPONSIBILITIES
4.1 Physical Readiness: The Guest represents and warrants that the Guest is medically and physically able to participate in the experience. Figure 8 reserves the right to cease photography if the photographer reasonably believes that the environment or Guest behavior presents a risk of injury, harm, or legal non-compliance.4.2 Compliance with Third Parties: The Guest agrees to follow the guidance and instructions of any third-party professionals involved in the experience, including guides, operators, or hotel personnel.4.3 Professional Boundaries: The photographer is present solely to document the experience. The photographer is not a safety officer, medical professional, or guide.4.4 Personal Responsibility: The Guest acknowledges that the Guest is responsible for their own safety and well-being during the experience.5. ASSUMPTION OF RISK
5.1 Acknowledgment of Risk: The Guest acknowledges that participation in the experience involves inherent and unforeseen risks, including those arising from environmental conditions or third-party operations.5.2 Voluntary Assumption: The Guest voluntarily assumes all ordinary risks associated with participation.6. RELEASE AND LIMITATION OF LIABILITY
6.1 Release of Claims: To the maximum extent permitted by law, the Guest releases Figure 8, its principals, contractors, and representatives from any claims, demands, or liabilities arising from the experience, except where caused by gross negligence or intentional misconduct of Figure 8.6.2 Indemnification:The Guest agrees to indemnify and hold Figure 8 harmless from any claims or damages brought by third parties (including family members or other guests in the group) arising from the Guest’s conduct during the experience.6.3 Liability Cap: Any liability of Figure 8 shall not exceed the fees paid for services under this Agreement.7. EMERGENCY MEDICAL ASSISTANCE
7.1 Authorization: In the event of a medical emergency, the Guest authorizes Figure 8 to secure medical assistance on the Guest’s behalf if reasonably necessary.7.2 Guest Responsibility: The Guest is responsible for all costs associated with emergency treatment or medical services.8. IMAGE OWNERSHIP AND USAGE
8.1 Private Use License: The Guest is granted a perpetual, non-exclusive license to use the images for personal, non-commercial purposes (e.g., social media, prints, gifts).8.2 Commercial Use Restriction: The Guest may not sell or license the images or use them for branding or advertising without a separate commercial licensing agreement from Figure 8.8.3 Confidentiality: Figure 8 will treat client information as confidential and will not tag the Guest on social media, geotag the Guest’s location, or disclose the Guest’s identity to third parties without express written consent, except as required by law.8.4 Use of Images by Figure 8: Figure 8 shall not use any images for public, promotional, or commercial purposes without the Guest’s prior written consent.9. GOVERNING LAW9.1 Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and applicable federal laws of Canada, excluding conflict of laws principles.9.2 Jurisdiction: Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of British Columbia.10. ENTIRE AGREEMENT
10.1 Complete Understanding: This Agreement, together with the booking confirmation issued by Figure 8, constitutes the entire understanding between the parties and supersedes all prior communications, whether written or oral, regarding the subject matter herein.10.2 Amendments: No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.10.3 Electronic Signatures: Electronic signatures shall be deemed valid and enforceable.11. ACKNOWLEDGEMENT AND ACCEPTANCE
By entering their full name below, the Guest confirms that the Guest has read, understood, and voluntarily agreed to all terms of this Agreement.