Event Participation, Transportation, Assumption of Risk & Release of Liability
Wil the Photographer, LLC
This document contains important terms concerning event participation, transportation, assumption of risk, and the release of certain legal claims.
Please read this document completely before purchasing a ticket, accepting the terms at checkout, boarding transportation, or participating in an event.
1. AGREEMENT
By purchasing a ticket, making a reservation, affirmatively accepting these terms during checkout, boarding transportation, or otherwise participating in an 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 participant (“Guest”) acknowledges and agrees to these terms.
2. NATURE OF SERVICES
Wil the Photographer may provide services including:
- Event promotion
- Event ticketing
- Guest coordination
- Photography and videography
- Transportation coordination
- Event communications
- Related event and nightlife 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 independently operated establishment visited in connection with an event.
Third-party venues, transportation providers, performers, promoters, security companies, and other independent providers remain responsible for their own operations to the extent provided by applicable law.
3. THIRD-PARTY TRANSPORTATION PROVIDERS
Transportation may be provided using vans, shuttles, party buses, charter buses, motor coaches, or other vehicles depending on attendance, availability, operational requirements, and the applicable event.
Some transportation services are provided by independently owned and operated third-party transportation companies.
When transportation is operated by a third-party transportation company, that provider remains responsible for matters under its control, which may include:
- Vehicles
- Drivers
- Driver qualifications
- Commercial licensing
- Permits
- Insurance
- Vehicle inspections
- Maintenance and repairs
- Vehicle operation
- Driving decisions
- Route decisions
- Loading and unloading procedures
- Compliance with applicable transportation laws
Wil the Photographer may advertise, arrange, coordinate, schedule, or collect payment in connection with transportation without becoming the owner or operator of an independently operated transportation company’s vehicles.
Unless expressly agreed otherwise in writing, drivers employed or contracted by an independent transportation company are not employees of Wil the Photographer.
Nothing in these terms eliminates responsibility that applicable law may otherwise impose upon Wil the Photographer for its own acts or omissions.
4. TRANSPORTATION RISKS
Guest understands that travel in a motor vehicle involves risks that cannot be completely eliminated.
Risks may include:
- Motor vehicle accidents
- Sudden braking
- Sudden acceleration
- Sharp turns
- Traffic
- Road conditions
- Weather
- Mechanical problems
- Vehicle malfunction
- Driver error
- Actions of other motorists
- Slips, trips, or falls while boarding or exiting
- Steps, curbs, sidewalks, parking lots, and uneven surfaces
- Movement while inside a vehicle
- Personal injury
- Property damage
- Traffic delays
- Road closures
- Changes in pickup or drop-off locations
Guests should remain seated when appropriate, follow reasonable driver and safety instructions, use available safety equipment where applicable, and exercise reasonable care while entering, riding in, and exiting vehicles.
5. ASSUMPTION OF RISK
Guest understands that transportation, nightlife, dancing, crowded venues, alcohol consumption by others, loud music, lighting effects, walking through parking areas, interacting with other guests, and related activities involve ordinary and inherent risks.
Guest knowingly and voluntarily chooses to participate and assumes the ordinary and inherent risks associated with the transportation, event, venue, and related activities.
6. RELEASE OF LIABILITY — ORDINARY NEGLIGENCE
TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, GUEST EXPRESSLY AGREES THAT THIS RELEASE INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF WIL THE PHOTOGRAPHER, LLC AND THE OTHER WTP RELEASED PARTIES IDENTIFIED BELOW.
Guest voluntarily releases Wil the Photographer, LLC and its owners, members, managers, employees, representatives, photographers, contractors, and agents (“WTP Released Parties”) from claims for bodily injury, property damage, loss, expense, or other damages arising from the ordinary and inherent risks of participation in the event or transportation, including claims arising from ordinary negligence, to the extent such claims may lawfully be released.
This release may include ordinary risks associated with:
- Transportation
- Boarding and exiting vehicles
- Walking to or from pickup locations
- Nightlife venues
- Crowded environments
- Dancing
- Food or beverage consumption
- Interaction with other attendees
- Interaction with third parties
Nothing in this Agreement releases any person or entity from liability that cannot legally be released or waived under applicable law.
7. THIRD-PARTY TRANSPORTATION CLAIMS
An accident, injury, loss, collision, or other incident resulting from the operation, maintenance, physical condition, or driver of an independently operated transportation vehicle may involve responsibility of the applicable transportation provider, driver, and/or insurance carrier.
Wil the Photographer does not assume every legal duty of an independently operated transportation company merely because Wil the Photographer arranged, advertised, scheduled, coordinated, or sold transportation connected with an event.
Nothing in this Agreement prevents a Guest from pursuing a lawful claim directly against a third party that may be legally responsible.
8. VENUE ADMISSION
Admission to an independently operated venue remains subject to that venue’s rules and management decisions.
Guests are responsible for complying with requirements including:
- Minimum age requirements
- Acceptable government-issued identification
- Dress codes
- Security screening
- Bag policies
- Behavior rules
- Alcohol policies
- Re-entry requirements
- Capacity limitations
A ticket or transportation reservation does not override a venue’s lawful right to deny admission or remove a Guest.
Wil the Photographer is not responsible for a venue denying admission because a Guest lacks acceptable identification, does not satisfy an age requirement, violates a dress code, violates venue policy, is excessively intoxicated, engages in inappropriate conduct, or otherwise fails to satisfy disclosed entry requirements.
9. AGE & ALCOHOL
An event advertised as 18+ means Guests who satisfy the venue’s minimum age requirement may be permitted to enter.
It does not mean anyone under 21 is permitted to purchase, possess, or consume alcoholic beverages in violation of applicable law.
Guests must comply with applicable alcohol laws and venue policies.
Each Guest is responsible for their own alcohol consumption and decisions before, during, and after an event.
Wil the Photographer does not encourage excessive drinking, impaired driving, illegal drug use, or underage drinking.
10. INTOXICATION & UNSAFE BEHAVIOR
Wil the Photographer, transportation providers, drivers, venues, and security personnel may refuse or discontinue service when permitted by law if a Guest creates a material safety risk or is violent, threatening, dangerously intoxicated, disruptive, or unwilling to follow reasonable safety instructions.
A Guest removed because of their own conduct may be responsible for arranging and paying for alternative transportation.
11. ILLEGAL DRUGS, WEAPONS & PROHIBITED ITEMS
Illegal drugs, unlawfully possessed weapons, and other prohibited items are not permitted.
Guests must comply with applicable federal, state, and local laws and the rules of venues and transportation providers.
Wil the Photographer is not responsible for legal or other consequences resulting from a Guest’s own unlawful possession or use of prohibited property.
12. PERSONAL PROPERTY
Guests are responsible for their own phones, wallets, identification, clothing, bags, cameras, purses, and other personal belongings.
To the fullest extent permitted by law, Wil the Photographer is not responsible for personal property that is lost, misplaced, forgotten, stolen, or damaged at a venue, pickup location, drop-off location, or inside transportation, except where liability cannot legally be excluded.
Guests should check for their belongings before leaving a vehicle or venue.
13. PICKUP & 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 when a Guest is late or missing.
A Guest who misses transportation is responsible for arranging and paying for alternative transportation.
Return transportation may also leave at the published departure time.
Guests who voluntarily remain at a venue after transportation departs are responsible for their own return transportation.
14. SCHEDULE, VEHICLE & 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 problems
- Driver availability
- Venue decisions
- Police activity
- Government action
- Safety concerns
- Attendance
- Other circumstances outside our reasonable control
Wil the Photographer may substitute a vehicle or transportation provider when reasonably necessary.
Vehicle appearance, size, capacity, amenities, lighting, seating, sound system, or configuration may differ from photographs or promotional materials.
No specific vehicle is guaranteed unless expressly confirmed in writing.
15. DELAYS & THIRD-PARTY INTERRUPTIONS
Wil the Photographer cannot guarantee exact arrival or return times.
Delays may occur because of traffic, accidents, weather, road closures, mechanical problems, venue operations, transportation providers, law enforcement, governmental action, or other unforeseen circumstances.
16. MEDICAL CONDITIONS & EMERGENCIES
Each Guest is responsible for determining whether they are physically able to participate in an event and associated transportation.
Guests with medical conditions, allergies, mobility limitations, or other circumstances requiring accommodation should make appropriate arrangements before participating.
Wil the Photographer is not a medical provider and does not undertake responsibility for diagnosing, monitoring, or treating a Guest’s medical condition.
Emergency medical services may be contacted when reasonably appropriate.
Medical expenses incurred by a Guest remain the Guest’s responsibility except where another party is legally responsible.
17. CONDUCT OF OTHER GUESTS & THIRD PARTIES
Wil the Photographer cannot control every action of other Guests, venue patrons, drivers, motorists, pedestrians, transportation employees, security personnel, venue employees, or other third parties.
Guest understands that nightlife environments may involve crowds, dancing, loud music, alcohol consumption by others, and interactions with strangers.
Guest voluntarily assumes the ordinary risks associated with such environments.
18. EVENT PHOTOGRAPHY & VIDEO NOTICE
Photography and video recording may occur at events.
Guests may appear incidentally in photographs or recordings documenting the event, crowd, transportation activity, venue environment, or other event activity.
Where Wil the Photographer seeks authorization to use an identifiable person’s image, likeness, appearance, or voice for commercial or promotional purposes requiring express consent, that authorization may be obtained through the separate Media Release & Consent Form or another applicable consent process.
This Event Participation Agreement is not intended to replace a separately executed Media Release where a separate release is required.
19. DAMAGE CAUSED BY A GUEST
A Guest is financially responsible for reasonable documented damage directly caused by the Guest’s intentional, reckless, or negligent conduct to a vehicle, venue, equipment, or other property where permitted by law.
This may include extraordinary cleaning costs resulting directly from the Guest’s conduct.
20. INDEMNIFICATION FOR GUEST’S OWN CONDUCT
To the fullest extent permitted by applicable law, Guest agrees to indemnify and hold harmless Wil the Photographer from third-party claims, damages, losses, or reasonable expenses resulting directly from the Guest’s own unlawful, intentional, reckless, or negligent conduct.
This provision is not intended to require a Guest to indemnify Wil the Photographer for liability that cannot legally be transferred or waived.
21. TICKETS, CANCELLATIONS & REFUNDS
Tickets and transportation reservations are subject to the Refund and Returns Policy and the Terms and Conditions of Wil the Photographer, LLC.
Failure to attend, arriving late, missing transportation, being denied venue admission because of failure to satisfy venue requirements, being removed for misconduct, or voluntarily leaving an event does not ordinarily create a right to a refund.
Nothing in these terms eliminates a refund or consumer right that cannot legally be waived.
22. NO GUARANTEE OF THIRD-PARTY SERVICES
Wil the Photographer cannot guarantee the actions, policies, continued operation, availability, or performance of independently operated venues, transportation companies, performers, promoters, vendors, or other third parties.
Descriptions of third-party services are provided for informational or promotional purposes and do not guarantee a specific experience unless expressly stated otherwise.
23. FORCE MAJEURE
To the fullest extent permitted by applicable law, Wil the Photographer is not responsible for delays, modifications, cancellations, or inability to perform caused by circumstances outside our reasonable control, including:
- Severe weather
- Natural disasters
- Traffic emergencies
- Road closures
- Public emergencies
- Government action
- Venue closures
- Utility failures
- Transportation-provider failures
- Mechanical failures
- Labor disruptions
- Other similar circumstances beyond our reasonable control
24. GOVERNING LAW
This Agreement will be interpreted under the laws of the State of Florida, without regard to conflict-of-law principles.
To the extent permitted by applicable law, disputes involving Wil the Photographer relating to this Agreement will be handled in an appropriate state or federal court located in Orange County, Florida.
25. SEVERABILITY & NO WAIVER
If a provision of this Agreement is found to be invalid or unenforceable, that provision will be limited only to the extent necessary and the remaining provisions will continue in effect.
Failure by Wil the Photographer to enforce a provision on one occasion does not constitute a permanent waiver of that provision.
26. ELECTRONIC ACCEPTANCE
Guest understands that these terms may be accepted electronically.
An electronic checkbox, electronic signature, or other affirmative electronic action intended to indicate acceptance may be used to document the Guest’s agreement to these terms.
Florida law generally recognizes an electronic signature as having the same force and effect as a written signature where otherwise permitted by law.
ACKNOWLEDGMENT
BY AFFIRMATIVELY ACCEPTING THESE TERMS DURING CHECKOUT, SIGNING AN APPLICABLE ELECTRONIC ACKNOWLEDGMENT, BOARDING TRANSPORTATION, OR PARTICIPATING IN THE EVENT AFTER BEING PROVIDED ACCESS TO THESE TERMS, GUEST ACKNOWLEDGES THAT THEY HAVE READ AND UNDERSTOOD THIS AGREEMENT, INCLUDING THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY.
GUEST VOLUNTARILY AGREES TO THE TERMS, INCLUDING THE EXPRESS RELEASE OF CLAIMS ARISING FROM ORDINARY NEGLIGENCE TO THE FULLEST EXTENT SUCH CLAIMS MAY LEGALLY BE RELEASED.
27. PURCHASES FOR OTHER ATTENDEES
A purchaser buying multiple tickets should provide each adult attendee with access to these terms before participation.
Where an individual acknowledgment or signature is required for a particular event, each applicable participant may be required to separately complete the required acknowledgment before transportation or participation.
28. RELATED POLICIES
This Agreement should be read together with applicable Wil the Photographer, LLC policies, including:
29. CONTACT INFORMATION
Wil the Photographer, LLC
10050 Palma Linda Way #319
Orlando, FL 32836
Email:
wilthephotographer@gmail.com
Phone:
(407) 569-7788
Website:
Wil the Photographer | Photography & Disney College Program Party Bus
