Event Participation, Transportation, Assumption of Risk & Release of Liability
IMPORTANT: PLEASE READ CAREFULLY BEFORE PURCHASING A TICKET OR PARTICIPATING IN THIS EVENT.
By purchasing a ticket, making a reservation, boarding transportation, attending an event, or otherwise participating in any event, trip, outing, nightlife experience, or transportation service promoted, coordinated, or sold by Wil the Photographer, LLC (“Wil the Photographer,” “WTP,” “we,” “us,” or “our”), the purchaser and attendee (“Guest”) acknowledges and agrees to the following terms.
1. NATURE OF SERVICES
Wil the Photographer may provide event promotion, ticketing, guest coordination, photography, transportation coordination, and related services.
Unless specifically stated otherwise, Wil the Photographer does not own, operate, manage, or control the nightclub, bar, restaurant, concert venue, event venue, or other third-party establishment visited as part of an event.
The underlying venue and its owners, operators, employees, security personnel, contractors, promoters, and other service providers are separate and independent third parties.
Purchasing a ticket through Wil the Photographer does not create a partnership, joint venture, employment relationship, or agency relationship between Wil the Photographer and any third-party venue or service provider.
2. THIRD-PARTY CHARTER BUS AND TRANSPORTATION COMPANIES
Depending on attendance, availability, and operational needs, transportation may be provided using party vans, shuttles, charter buses, motor coaches, or other vehicles.
Charter buses and certain other transportation services may be provided by independently owned and operated third-party transportation companies.
When transportation is provided by a third-party transportation company, that company is a separate business and is responsible for its own:
- Vehicles
- Drivers
- Driver qualifications
- Licensing
- Permits
- Insurance
- Vehicle inspections
- Maintenance
- Repairs
- Loading and unloading procedures
- Driving decisions
- Route decisions
- Vehicle operation
- Compliance with transportation laws and regulations
Although Wil the Photographer may arrange, coordinate, schedule, advertise, or collect payment in connection with transportation, such activity does not mean that Wil the Photographer owns or operates the third-party transportation company or its vehicles.
Unless expressly agreed otherwise in writing, third-party drivers are not employees of Wil the Photographer, and Wil the Photographer does not control the manner in which a third-party driver operates a vehicle.
The third-party transportation company retains responsibility and control over the operation of its vehicles and the actions of its drivers.
3. TRANSPORTATION RISKS
Guest understands that travel in any motor vehicle involves inherent and unavoidable risks, including but not limited to:
- Motor vehicle accidents
- Sudden braking
- Sudden acceleration
- Sharp turns
- Road conditions
- Traffic
- Weather
- Mechanical failure
- Vehicle malfunction
- Driver error
- Actions of other motorists
- Slips, trips, or falls while boarding or exiting
- Steps, stairs, curbs, sidewalks, parking areas, and uneven surfaces
- Movement while inside a vehicle
- Personal injuries
- Property damage
- Delays
- Road closures
- Changes in pickup or drop-off locations
Guest voluntarily assumes the ordinary risks associated with transportation and participation in the event.
Guests are responsible for remaining seated when appropriate, following driver instructions, using available safety equipment, and exercising reasonable care while entering, riding in, and exiting any vehicle.
4. RELEASE OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, Guest voluntarily assumes the risks associated with participating in the event and agrees to release and hold harmless Wil the Photographer, LLC and its owners, members, managers, employees, representatives, photographers, contractors, and agents from claims for bodily injury, property damage, loss, expense, or other damages arising out of the ordinary risks of participation in the event or transportation, including claims arising from ordinary negligence, to the extent such claims may legally be released.
This release includes, without limitation, ordinary risks associated with transportation, boarding and exiting vehicles, walking to or from pickup locations, attending nightlife venues, crowd conditions, dancing, consuming food or beverages, and interacting with other attendees or third parties.
Nothing in this agreement is intended to release any person or entity from liability that cannot legally be waived under applicable law.
5. CLAIMS INVOLVING THIRD-PARTY TRANSPORTATION PROVIDERS
Guest acknowledges that injuries, losses, accidents, collisions, or other incidents caused by the operation, maintenance, condition, or driver of an independently operated third-party charter bus or transportation vehicle may involve the responsibility of that transportation provider and/or its insurance carrier.
Wil the Photographer does not assume the legal obligations of an independently operated transportation company merely by coordinating, advertising, arranging, or selling transportation associated with an event.
Nothing in this agreement prevents a Guest from pursuing a claim directly against a third party where the third party may be legally responsible.
6. VENUE ADMISSION
Admission to a venue remains subject to the venue’s rules and management.
Each Guest is responsible for complying with requirements including, when applicable:
- Minimum age requirements
- Government-issued identification
- Dress codes
- Security screening
- Bag policies
- Behavior policies
- Alcohol policies
- Re-entry policies
- Capacity restrictions
A ticket or transportation reservation does not override a venue’s right to deny admission or remove a Guest.
Wil the Photographer is not responsible if a venue refuses admission because a Guest lacks proper identification, violates venue policies, is excessively intoxicated, behaves inappropriately, fails to satisfy a dress code, or otherwise does not meet the venue’s requirements.
7. AGE AND ALCOHOL
An event advertised as 18+ means that Guests who meet the venue’s minimum admission age may be permitted to enter. It does not mean that Guests under 21 may purchase, possess, or consume alcoholic beverages.
Guests must comply with all applicable alcohol laws and venue rules.
Guests under 21 may not purchase, possess, consume, receive, or attempt to obtain alcoholic beverages where prohibited by law.
Guests are solely responsible for their personal alcohol consumption and decisions made before, during, and after an event.
Wil the Photographer does not encourage excessive drinking, drinking and driving, illegal drug use, or underage alcohol consumption.
8. INTOXICATION AND UNSAFE BEHAVIOR
Wil the Photographer, transportation providers, venues, security personnel, and drivers may refuse service, transportation, or participation to a Guest whose conduct creates a safety concern or who is disruptive, violent, threatening, dangerously intoxicated, or otherwise unable or unwilling to follow reasonable safety instructions.
Guests may be removed from transportation or an event when permitted by law if their conduct creates a safety risk to themselves or others.
A Guest removed because of their own conduct is responsible for arranging and paying for alternative transportation.
9. ILLEGAL DRUGS AND PROHIBITED ITEMS
Illegal drugs, weapons, and other prohibited items are not permitted.
Guests are responsible for complying with all local, state, federal, venue, and transportation-provider rules regarding prohibited items.
Wil the Photographer is not responsible for the consequences of a Guest’s possession or use of illegal substances or prohibited property.
10. PERSONAL PROPERTY
Guests are responsible for their own phones, wallets, purses, identification, clothing, cameras, bags, and other personal belongings.
To the fullest extent permitted by law, Wil the Photographer is not responsible for property that is lost, stolen, misplaced, forgotten, or damaged at a venue, pickup location, drop-off location, or inside transportation.
Guests should check their belongings before leaving any vehicle or venue.
11. PICKUP AND DEPARTURE TIMES
Guests are responsible for arriving at the designated pickup location before the published departure time.
Transportation may depart at the scheduled time even if a Guest is late or missing.
A Guest who misses transportation is responsible for obtaining and paying for their own alternative transportation.
Return transportation may also leave at the published departure time.
Guests who choose to remain at a venue after transportation departs are responsible for arranging their own transportation.
12. SCHEDULE, VEHICLE, AND ROUTE CHANGES
Pickup times, departure times, vehicles, routes, destinations, venue access, and other event details may change because of circumstances including:
- Traffic
- Weather
- Road closures
- Vehicle availability
- Mechanical issues
- Driver availability
- Venue decisions
- Police activity
- Government restrictions
- Safety concerns
- Attendance
- Events outside our reasonable control
Wil the Photographer may substitute a vehicle or transportation provider when reasonably necessary.
The appearance, size, capacity, amenities, lighting, sound system, or configuration of a vehicle may differ from photographs or promotional materials.
No specific vehicle is guaranteed unless expressly stated in writing.
13. DELAYS AND THIRD-PARTY INTERRUPTIONS
Wil the Photographer is not responsible for delays or disruptions caused by circumstances outside its reasonable control, including traffic, accidents, weather, road closures, third-party transportation companies, mechanical problems, venues, law enforcement, government action, or other unforeseen circumstances.
Arrival and return times are estimates and are not guaranteed.
14. MEDICAL CONDITIONS AND EMERGENCIES
Each Guest is responsible for determining whether they are physically capable of participating in the event and transportation.
Guests with medical conditions, mobility limitations, allergies, or other circumstances requiring accommodations should make appropriate arrangements before attending.
Wil the Photographer is not a medical provider and does not undertake responsibility for diagnosing, monitoring, or treating any Guest’s medical condition.
In an emergency, Wil the Photographer or another person may contact emergency medical services when reasonably appropriate.
Any medical expenses incurred remain the responsibility of the Guest.
15. CONDUCT OF OTHER GUESTS AND THIRD PARTIES
Wil the Photographer cannot control every action of other Guests, venue patrons, motorists, pedestrians, security personnel, transportation employees, or other third parties.
Guest understands that nightlife environments may involve crowds, loud music, dancing, alcohol consumption, interactions with strangers, and other conditions associated with nightlife activities.
Guest voluntarily assumes the ordinary risks associated with such environments.
16. PHOTOGRAPHY AND VIDEO
Events may be photographed or recorded.
By attending an event, Guest understands that photographs or video may be taken in public or event areas and may be used by Wil the Photographer for event coverage, social media, advertising, promotional materials, websites, or other lawful business purposes.
To the extent permitted by law, Guest grants Wil the Photographer permission to use Guest’s image, likeness, and appearance in such event photography or recordings without additional compensation.
17. DAMAGE CAUSED BY GUEST
Guest is financially responsible for damage caused by Guest’s intentional, reckless, or negligent conduct to any vehicle, venue, equipment, or other property.
This may include cleaning costs when extraordinary cleaning is required because of Guest’s conduct.
Guest agrees to reimburse Wil the Photographer or the applicable property owner for reasonable documented costs arising directly from such damage where legally permitted.
18. INDEMNIFICATION FOR GUEST’S OWN CONDUCT
To the fullest extent permitted by law, Guest agrees to indemnify and hold harmless Wil the Photographer from third-party claims, damages, losses, or reasonable expenses arising directly from Guest’s own unlawful, intentional, reckless, or negligent conduct, including damage caused by Guest to another person or property.
This provision is not intended to require Guest to indemnify Wil the Photographer for liability that cannot legally be transferred or waived.
19. TICKET AND REFUND POLICIES
Tickets remain subject to the refund, cancellation, transfer, and event policies disclosed at the time of purchase.
Failure to attend, arriving late, missing transportation, being denied admission because of failure to satisfy venue requirements, being removed for misconduct, or voluntarily leaving an event does not automatically entitle a Guest to a refund.
Nothing in these terms eliminates any refund or consumer right that cannot legally be waived.
20. NO GUARANTEE OF THIRD-PARTY SERVICES
Wil the Photographer cannot guarantee the actions, performance, policies, continued operation, or availability of independently operated venues, transportation providers, performers, promoters, or other third parties.
Any descriptions of third-party services are provided for informational and promotional purposes and do not constitute a guarantee of a specific experience.
21. ASSUMPTION OF RISK
Guest understands that participating in transportation and nightlife activities involves risks that cannot be completely eliminated.
Guest knowingly and voluntarily chooses to participate and assumes the ordinary and inherent risks associated with the transportation, event, venue, and related activities.
22. GOVERNING LAW
These terms shall be interpreted under the laws of the State of Florida to the extent permitted by applicable law.
If any portion of these terms is determined to be invalid or unenforceable, the remaining provisions shall continue in effect to the fullest extent permitted by law.
23. ENTIRE AGREEMENT AND SEVERABILITY
If any provision of this agreement is found unenforceable, that provision shall be limited or removed only to the minimum extent necessary, and the remainder of the agreement shall remain in effect.
Failure by Wil the Photographer to enforce any provision on one occasion does not constitute a permanent waiver of that provision.
24. ACKNOWLEDGMENT AND ELECTRONIC ACCEPTANCE
BY PURCHASING A TICKET, CHECKING THE ACCEPTANCE BOX DURING CHECKOUT, BOARDING TRANSPORTATION, OR PARTICIPATING IN THE EVENT, GUEST ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THESE TERMS, INCLUDING THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY, AND VOLUNTARILY AGREE TO BE BOUND BY THEM.
The purchaser is responsible for ensuring that every person for whom they purchase a ticket is provided access to these terms before participating.
Electronic acceptance of these terms is intended to have the same effect as a written acknowledgment to the extent permitted by applicable law.