I. Assumption of Risk by Remaining on Property: In consideration for being permitted to enter premises and property for use as a photography venue or any other purpose, the undersigned, for himself/herself, photography subjects or models, children, heirs, and next of kin, acknowledges, agrees, and represents that he/she has, or will immediately upon entering, thoroughly inspect the premises or parts of premises intended for their use and that his/her continued presence constitutes an acknowledgment that he/she has inspected the property and he/she finds and accepts such areas as being safe and reasonably suited for the purposes of his/her use, and he/she further agrees and warrants that if, at any time, he/she feels anything to be unsafe, he/she and all guests will immediately leave the area and advise the property owners.
II. Release of Liability: The undersigned hereby RELEASES, WAIVES, DISCHARGES and COVENANTS NOT TO SUE Moser Manor Farms, LLC, Jeff or Vanessa Moser, or any of their employees, agents, or other affiliates personally or as a company (the “Releasees”), from all liability to the undersigned, photography subjects or models, representatives, assigns, heirs and next of kin for any and all loss or damage, and any claim or demand thereof on account of injury to person(s) or property or resulting in death of the undersigned or photography subjects or models, whether caused by negligence of the Releasees or otherwise. III. Inherent Risk of Farms: The undersigned understands and agrees that there is an inherent risk that comes with being on a working farm and around animals that includes but is not limited to illness, physical injury (both temporary and permanent), death, and loss or destruction of property. The undersigned hereby assumes all such inherent risks both for himself/herself and their photography subjects or models, including minors.
IV. Indemnification to Third Parties: The undersigned hereby agrees that he/she will indemnify and hold harmless Releasees for all personal injuries, property damage or losses, and any other damages including death to any and all third parties as result of use of the property. Third parties shall include any guests or photography subjects or models of the undersigned as well as any guests invited by the aforementioned, including minors.
V. Acknowledgement of Release Review: The undersigned agrees that he/she has had sufficient time to review this Release and Wavier and to ask any questions associated with said Release. The undersigned further agrees that he/she has carefully read the foregoing Release and Waiver, knows the contents thereof, and has signed this Release as his/her own free act.
VI. Promise to Provide Copy to Photography Subjects or Models: In consideration of the risks inherent to using Moser Manor Farms, LLC as a venue for hIa photography session, and in recognition of this agreement to indemnify third party claims, the undersigned agrees to notify any and all potential photography subjects or models of this Waiver and provide them with a copy prior to arriving on the premises.
VII. Disputes: Any dispute, controversy or claim arising out of or in connection with this Release, including without limitation, any dispute regarding the enforceability of any provision, that cannot be resolved though good faith negotiations within thirty(30) days or such longer period of time as may be mutually agreed between the parties, shall be submitted to mediation in Hamilton County, TN.
VIII. Acknowledgement of Rental Agreement:
A. Promise to Appropriately Tag Venue in ALL Published Work: The undersigned agres that he/she will “tag” venue on all published photographs including websites, and social media platforms, using Moser Manor Events on Facebook and @mosermanorfarms on Instagram. We reserve the right to use agreed upon photos for publication. If you would like credit for your photos on our website, then please provide watermarked images with your business logo.
B. Time Restraints: Your agreed upon rental fee of $75/HR must include your set-up and breakdown times. You will arrive no earlier than your paid-for time and promptly leave at the expiration of that agreed upon time. Additional charges will ensue if this is violated.
C. Furniture/Decor: No decor or furniture is provided unless otherwise pre-arranged and listed below. TBD
D. Property/Damages: The venue is to be returned in the condition it was found. All furniture is to be placed back where it was orginally found. If the bathrooms and kitchen are utilized, they must also be returned in the condition which they were found. If the venue or items are damaged, additional charges will ensue.
E. Animals: ALL animals brought onto Moser Manor Farms LLC will be leashed at all times.
F. Parking: Parking is restricted to the designated areas ONLY.
G. Refunds: NO refunds. Your session fee is non-refundable. We operate as a venue. i. As such, it is not our responsibility for your bookings or cancellations. ii. The photo sessions must continue rain or shine, just as the an event would at our venue. You forfeit monies if you cancel, unless weather is deemed extreme and unsafe to travel, i.e. tornados, snow, ice, etc.
IN WITNESS WHEREOF, the undersigned hereby executes this Release and Waiver of Liability:
December 6, 2023