Photo Publishing Release Agreement
This release agreement is entered into between the event participant and Lilli-Tours for usage of any photographs taken of the event participant during the tour. The participant named above hereby gives Lilli-Tours the irrevocable right to use and/or copyright images of the participant, in all forms and media and in all manners, including alterations and composite representations, for any lawful purpose without restriction, except as expressly provided below and without further compensation to the participant. The participant further releases Lilli-Tours from any claims for remuneration or other compensation associated with any form of damage, whether foreseeable or not, sustained or suffered by the participant (or any other person), associated with the commercial or artistic use of these images unless it can be shown that such reproduction was maliciously caused, produced and published for the sole purpose of subjecting the participant to conspicuous ridicule, hatred, contempt or indignity. The participant waives any right to inspect or approve the finished photograph(s) or image(s), or any copy that may be used in connection with Lilli-Tours or any promotional endeavors for Lilli-Tours, or the use to which it is applied. The participant acknowledges that at all times, Lilli-Tours retains the copyright subsisting in the images and is the owner of all negatives and digital files from which the said images are directly or indirectly derived. Lilli-Tours and those acting with Lilli-Tours’ permission agree not to use the images of the participant in whole or in part to sell or promote sex, or to be used in conjunction with pornography, violence, or illegal/illicit activities. The participant will not receive compensation for any use of images by Lilli-Tours and shall not file for said compensation through any civil or criminal proceedings. The participant acknowledges being at least 18 years of age and legally, mentally, and otherwise fully competent to enter into this contract in his or her own name.
Waiver and Release of Liability
This Waiver and Release of Liability is effective as of the date of Participant’s signature set forth herein, and concerns the following parties in a motorcycle touring event (the “Tour”): a) The Participant and his/her executors, administrators, heirs, next of kin, successors, and assigns, and anyone else who might make a claim or file a lawsuit on behalf of Participant; and b) Lilli-Tours is a Wyoming company. In consideration for Lilli-Tours permitting Participant to participate in the Tour, Participant hereby agrees to the terms and conditions stated herein.
Participant’s Representations. If Participant is a motorcycle rider, he/she is 25 years of age or more and is a competent, licensed motorcycle rider, is not under any legal or physical disability, and is in generally good health. Participant has sufficient skill and experience to ride a motorcycle of 650cc or larger over long distances safely and in varying weather conditions and on a variety of road conditions. Participant has been riding as a licensed motorcyclist for at least five years and has ridden at least 3,000 miles in the past year. Participant will adhere to all traffic regulations and will wear appropriate protective riding gear including a full-faced helmet, jacket, pants, gloves, and boots. Participant will exercise caution at all times and will not ride faster than prudent for his/her abilities and existing road, weather, and traffic conditions. Participant agrees not to consume alcohol when in route and to consume alcohol, if at all, only after the day’s ride has been completed. In the event Participant perceives unsafe conditions, Participant may elect to discontinue riding.
Risks. Participant recognizes the risks associated with motorcycling, not only those that are inherent but also those that may result from the presence of other motor vehicles. Participant understands that it is not possible to predict dangers en route. Participant understands property damage and/or serious injury to Participant and others can occur when motorcycling and Participant expressly assumes this risk. Participant understands that motorcycling in any foreign country may present greater challenges, including those associated with unfamiliar road signs. Participant recognizes that these risks increase when riding a motorcycle imprudently. Participant recognizes that the risks also increase if he/she does not adhere to the travel plan and/or rides ahead of the tour leader, and expressly assumes the risks for doing so. Participant assumes full responsibility for any consequences arising from his/her voluntary separation from the group and/or tour leader. In the event of an emergency, Participant hereby consents to permit urgent medical care. Participant recognizes risk of reduced availability of medical care and assistance and evacuation services in foreign countries, and in rural areas in particular.
Release. Participant unconditionally and irrevocably releases, waives, and discharges Lilli-Tours and guides from any and all claims, demands, causes of action, obligations, suits, damages and liabilities for (i) death, personal injury, partial or permanent disability, property damage or loss and medical or hospital bills and (ii) theft, loss and damage that arises or results from or is otherwise related to Participant’s participation in the Tour (collectively, the “Claims”). Participant expressly agrees that the foregoing includes Claims that may arise from the negligence of another participant in the Tour or other persons known or unknown and that the foregoing is intended to be as broad and inclusive as is permitted by applicable law.
Rental or Other Motorcycle. Participant acknowledges that if he or she is not providing his or her own motorcycle for his or her own use on the tour, Participant is renting a motorcycle from a company that is completely unrelated to Lilli-Tours. Participant acknowledges that Lilli-Tours makes no representations about and has no responsibility for any motorcycles rented or otherwise used by participant on the Tour. Participant is responsible for any damage to the motorcycle. Participant is responsible for the rental motorcycle until he or she makes the return to the rental agency. In case the participant discontinues riding the motorcycle while on tour due to accident or other circumstances, participant is responsible for returning the rental motorcycle to the rental agency. Any costs arising from leaving the rental motorcycle anywhere other than at the rental agency, participant agrees to cover all related costs and grants Lilli-Tours permission to charge his or her credit card on file. In case rental motorcycle is damaged so that it is not functioning in a safe or proper manner, and participant wants to continue on motorcycle, Lilli-Tours makes the best effort to provide a replacement rental motorcycle which the participant agrees to pay the resulting additional costs. Despite best Lilli-Tours efforts, replacement rental cannot be guaranteed. Participant who provides his or her own motorcycle takes on full responsibility for any damages caused while on a Lilli-Tours tour, or any needed transport, repairs, or replacement.
Safety and Traffic Regulations. All Participants are required to attend the rider’s safety meeting that will be held prior to the beginning of the tour. The guides will discuss important aspects about safety on the road, group riding, and specific traffic regulations that may differ from North America.
Governing Law. Any action between the parties identified herein shall only be resolved by arbitration or, if arbitration is not possible, brought in a State or Federal court, sitting in the State Wyoming and not in any other jurisdiction. The prevailing party shall be entitled to recover from the non-prevailing party its reasonable attorneys’ fees and costs.
Entire Agreement. This Release is the entire agreement between Participant and the released party Lilli-Tours and guides concerning the subject matter hereof, and no modification hereof or subsequent agreement relative to the subject matter hereof shall be binding unless reduced to writing and signed by Participant and Lilli-Tours .
Invalid Provisions. If any provision of this Release is held to be illegal, invalid, or unenforceable, such provision shall be fully severable, this Release shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Release, and the remaining provisions of this Release shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement.