Terms of Service

Welcome to this Epic SurfShot website. THESE TERMS OF SERVICE (“Terms”) CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND SCHNEIDER DESIGN GROUP (“Epic SurfShot”, “Company”, “we”, “us” or “our”) THAT GOVERN YOUR USE OF THE WEBSITE, APPLICATIONS, AND OTHER OFFERINGS OF COMPANY (collectively the “Company Platform”). BY VIEWING OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST ACCEPT IT AS PRESENTED TO YOU, WITHOUT CHANGES. WE WILL ACCEPT NO CHANGES, ADDITIONS OR DELETIONS. At any time We may change, add, or remove any part of this Agreement or any part of the services and features provided at the Site. If We do so, We will update the Agreement here (https://epicsurfshot.com/terms-of-service/) and may also post such changes elsewhere on the Site.

IF ANY FUTURE CHANGE IS UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SITE. YOUR CONTINUED USE OF THE SITE WILL ALWAYS INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.

The Company Platform offers an online venue that enables users (“users” or “Members”) to publish, offer, search for, and book photography, video and other services (“Services”). Members who publish and offer photography, video, and/or other Services are “Photographers” and Members who search for, book, or use Services are “Customers”. Company is not a party to the contracts concluded directly between Photographers and Customers. Company is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Company’s role see Section 16.

If you are a Photographer, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Services.

Customer Terms

1. Booking. When you book a Service, you are agreeing to pay all charges for your booking. When you receive the booking confirmation, a contract for Services (sometimes called a reservation in these Terms) is formed directly between you and the Photographer. The cancellation policy and any other rules, standards, policies, or requirements identified in the Service or during checkout form part of your contract with the Photographer. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Photographer of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Service.

1.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join the Service.

1.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Company Platform and any Service, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate a Service to determine whether it is suitable for you. For example, Photographer Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Services.

Photographer Terms

2.1 Photographer. As a Photographer, Company offers you the opportunity to share your Services with Customers. When you accept a booking request, or receive a booking confirmation through the Company Platform, you are entering into a contract directly with the Customer, and are responsible for delivering your Services under the terms herein.

2.2 Independence of Photographers. Your relationship with Company is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Company, except that Company acts as a payment collection agent as described in the Payments Terms. Company does not direct or control your Services, and you agree that you have complete discretion whether and when to provide Services. You will be responsible for payment of any federal and state payroll, self-employment taxes, and any other taxes or costs attributable to payments received for services performed by you and you will not be considered an employee for federal or state payroll tax purposes. You will not be working under any supervision by Company, you will determine the means and methods by which the work is to be accomplished. You will provide your own materials, tools, and equipment, and will expect no reimbursement for any out-of-pocket expenses incurred by you in the performance of your services. You are solely responsible for obtaining and maintaining all applicable business licenses and insurance, and for timely payment of all bank fees, PayPal fees, or any other fees and income, payroll, and employment-related taxes, including without limitation all unemployment, workers compensation, income tax withholding, social security, and any other taxes or public charges of any nature whatsoever.  You warrant that you are of full adult age and have the right to contract in your name.

2.3 Grant of Rights. You agree to irrevocably sell, transfer, grant, assign and release to Company, all rights, title and interests to all video and photography images (“Images”) created for or during your Services. On a non-exclusive basis, you may use Images for promoting or documenting you and your work, provided that these uses do not compete with or limit the rights granted to Company under these Terms. You agree to comply with the applicable submission requirements available on Company’s web site or provided by Company (“Submission Guidelines”) in effect at the time of submission, which may be amended from time to time.

2.4 Moral Rights. For the purposes of this Agreement, “Moral Rights” means all non-transferable and non-licensable rights belonging to the original creator of Accepted Videos that are automatically conferred by legislation to varying degrees in different countries, which shall include the following rights and all rights of a similar nature: (a) the right to be identified as the creator; (b) the right to object to misrepresentative modification of Accepted Videos; and (c) the right to withdraw Accepted Videos from the market. To the extent allowed by law, you waive all your Moral Rights relating to Accepted Videos. To the extent such waivers are not permitted by applicable law, you agree not to enforce such Moral Rights against Company, assigns, distributors or clients. 

2.5 Release. You hereby give Company, and their agents, assigns and licensees, permission to license and use your likeness and Videos of you and/or your property for any purpose whatsoever. Company has the right, but not obligation, to use your name or a pseudonym and bio. You hereby release the Company and their agents, assigns and licensees from any and all claims and liability relating to use of the Accepted Videos.

2.6 Insurance. You certify that you have your own workers’ compensation and general liability insurance coverage.

2.7 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Services. You are responsible for setting your price and establishing rules and requirements for your Services.

2.8 Your Assumption of Risk. You acknowledge that providing Services carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Company Platform, offering Services, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Company Platform and any laws, rules, regulations, or obligations that may be applicable to your Services and that you are not relying upon any statement of law made by Company.

General Terms

Ownership of This Website
This website is owned and operated by Company. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, inventions, concepts, ideas, and software (“Content”), is owned by Company, its licensors and its content providers.

All elements of Company websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Company or one of its subsidiaries or content providers, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Company or its third party content providers unless otherwise expressly agreed. Content (including photographic images) purchased or otherwise acquired by you via the Site may only be used by you for personal, non-commercial purposes (i.e., not for re-sale or re-distribution) and may not be duplicated or otherwise reproduced or altered by you. You shall indemnify Company, its subsidiaries, its affiliates, third party content providers and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

Trademarks
“EpicSurfShot”, and the EpicSurfShot logo are the property of Company. All other trademarks, logos and service marks (collectively, the “Trademarks”) appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited.

Images of people or places displayed on the Site are either the property of, or used with permission by, Company, or other third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Disclaimers
THIS WEBSITE AND ITS CONTENT AND ITEMS AND SERVICES SOLD ON THIS WEBSITE ARE PROVIDED “AS IS” AND COMPANY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

Except as specifically stated in these Terms or elsewhere on this website, or as otherwise required by applicable law, neither Company nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

Company uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.

There may be links to other websites from the Company website; however, these other websites are not controlled by Company and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Company regarding the inclusion of links to outside websites or your use of those websites.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Indemnification: Each party (an “Indemnitor”) agrees to defend, indemnify and hold harmless the other party and its affiliates, licensees, officers, directors, employees and agents (each an “Indemnitee”) from and against any and all actual or alleged third-party claims and accompanying liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees arising out of or in connection with, any actual or alleged breach of the Agreement by the Indemnitor or any duty, representation, or warranty contained herein by, or any actual or alleged act or material omission of the Indemnitor or its employees or agents. Indemnitor may at its option defend such claim at Indemnitor’s expense, and Indemnitee shall cooperate fully in defending or settling such claim, provided that Indemnitor may not settle without Indemnitee’s prior written consent. 

Limitation of Liability: Company shall not be liable for any punitive, indirect, consequential, special or incidental damages arising out of or in connection with the Agreement or use of the Videos, even if it has been advised of the possibility of such. In addition, Company shall not be liable to you under any circumstances arising out of the use or misuse of Videos by Company or any third party. Company shall not be liable for any loss or damage to any Videos, storage device or other materials submitted to Company, and you are required to provide or maintain your own backup files for any Videos submitted. You shall bear sole responsibility for obtaining and maintaining adequate insurance for protection of Videos or other materials submitted to Company. If, despite the above limitations, liability is imposed on Company for any reason, in no event shall Company’s total liability, including attorneys’ fees and legal expenses, exceed $1,000 USD in the aggregate.

YOU WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for your death, disability, disfigurement, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to you including your traveling to and from any Services, THE FOLLOWING ENTITIES OR PERSONS: Carl Schneider, Schneider Design Group, EpicSurfShot, GoodSport Video, the city and county where the Activity takes place, and each of their directors, officers, employees, volunteers, representatives, contractors, and agents, and the activity holders, sponsors, and volunteers (the “Released Parties”);

YOU SHALL INDEMNIFY, DEFEND, RELEASE, HOLD HARMLESS, AND PROMISE NOT TO SUE the Released Parties from and against any and all liabilities, damages, costs or claims made as a result of participation in any Services, whether caused by the negligence of Released Parties or otherwise.

Governing Law, Venue, and Mediation. The Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California, USA. Venue for all disputes arising under this Agreement shall lie exclusively in Los Angeles County, California, USA. All claims and disputes arising out of or related to this Agreement shall be subject to mandatory mediation as a condition precedent to the institution of legal or equitable proceedings by either party. The mediation shall be conducted in Los Angeles County by a mediator mutually agreed upon. Each party must attend in person, and a good faith effort must be made to resolve all claims and disputes. If one party fails or refuses to attend mediation in person or make a good faith effort to resolve all claims and disputes, that party shall be barred from filing suit, making a counterclaim, or proceeding with legal or equitable proceedings, and only the other party may then do so.

23.4 Agreement to Arbitrate. For any dispute not resolved by mediation, you and Company mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Company Platform, Services, or any Images (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Company agree that the arbitrator will decide that issue. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org. 

23.11 No Class Actions or Representative Proceedings. You and Airbnb acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.

No Waiver, Severability
No action of Company, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. Should any clause of these Terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Entire Agreement; Severability; Waiver; Other: This Agreement constitutes the entire agreement among the Parties relating to its subject matter;  supersedes all prior proposals, agreements, representations and understandings; and may not be amended, except in writing and signed by each Party. This Agreement may be executed in one or more counterparts, and by facsimile or other electronic transmission and/or by PDF signature, each of which when so executed and delivered shall be considered an original, and all of which together shall constitute one and the same agreement.  If a court or other competent legal authority finds a provision to be invalid, illegal or unenforceable, such determination shall not affect any other provision in the Agreement all of which shall remain in full force and the Parties shall in good faith consult to agree to the extent of any amendment that might be possible to make the provision valid, enforceable or legal whilst reflecting as far as possible the original intention of the Parties. If a Party waives any provision of this Agreement, the waiver in such an instance shall not be deemed to be a continuing waiver, and no waiver by either Party shall prevent such Party from enforcing any and all other provisions of this Agreement. You may not assign your rights or obligations under this Agreement without the prior written approval of Company. Company may assign its rights, copyrights, obligations and/or duties under this Agreement, in whole or in part. If any terms of this Agreement conflict with any terms of any Property Release, the terms of this Agreement shall control.

Submissions
Material submitted (“Submissions”) must be your own work or work to which you have a license. You warrant and represent that you own or otherwise control all of the rights to the information contained in your Submission. By sending a Submission to the Site or the Company you agree to grant us a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the Submission. If you do not want to grant to us the rights set out above, do not send your Submission to us or the Site.

Accident Waiver and Release of Liability
You agree and accept the Accident Waiver and Release of Liability (https://epicsurfshot.com/accident-waiver-and-release-of-liability/) for any and all Services that you may participate in.