An application does not guarantee acceptance. Please be advised that the application does not constitute a contract with HITS until each of the following requirements is satisfied:

• The applicant submits this online form and by so doing, agrees to all the Terms, Conditions, and Release of Claims;
• HITS notifies the applicant via email or letter that they have been identified as a potential Private Photographer;
• The applicant provides satisfactory copies of the required insurance certificates set forth below, and;
• HITS receives payment as outlined above.

A current certificate of insurance evidencing a policy of One Million Dollars ($1,000,000.00) per occurrence, One Million Dollars ($1,000,000) aggregate in Combined Single Limit Bodily Injury and Property Damage insurance, including products/completed operations naming HITS Del Mar Leasing, LLC, HITS Holding LLC, HITS, LLC, Del Mar Horsepark, the State of California, and 22nd District Agricultural Association aka Del Mar Fairgrounds as Specifically Designated Additional Insured.

The Official Photographer has positioning priorities outside of the arenas; Private Photographers are not allowed inside the arenas other than during a client's awards presentation.

A list of your clients must be received no later than one week prior to the start of each show. THE MAXIMUM NUMBER OF CLIENTS IS EIGHT. You may not add additional clients after this submission.

Solicitation of clients on the show grounds is prohibited.

Private Photographers may not offer photos for individual purchase, in person, or on a website.

Approved Private Photographers must wear provided credential lanyards at all times while on the show grounds. Credentials may be picked up in the Facilities Office on the day of arrival.

In the event a Private Photographer is unable to attend, a refund may be obtained if notice is given. If paying by credit card, the 4% convenience fee is non-refundable.

Private Photographers may not post photographs taken of people not on their client list to their social media accounts during the show.

Private Photographers may not support other Private Photographers by shooting their clients.

Approved credentials are non-transferable; each member of a Private Photographer company must pay for individual credential passes and may not swap between representatives.

Private Photographers may not use remote camera equipment (including drones) at the show grounds.

Private Photographers should not shadow the Official Photographer team members and should establish their own locations/shots so as not to interfere.

Private Photographers may not stand in any of the landscaped areas around the rings.

Private Photographers may not have a trailer, vendor booth, or advertisements on the show grounds.

Credentials will be revoked without a refund if any rule is violated.

2023 HITS DEL MAR PRIVATE PHOTOGRAPHER RELEASE OF CLAIMS

This Express Assumption of Risk, Release of Liability, Waiver of Claims and Indemnity Agreement (this “Agreement”) is entered into by the undersigned in favor of HITS, LLC, its officers, directors, employees, owners, representatives and agents, managers, employees, owners, representatives and agents, 22nd District Agricultural Association, its officers, managers, employees, owners, representatives and agents, the State of California, its officers, directors, employees, representatives and agents, subsidiary affiliated or associated company, corporations, entities or organizations and all subsidiary, affiliated or associated companies, corporations, entities or organizations as may now or hereafter be constituted, that own, are related to or manage the property owned by such entities, as well as the facilities upon which I will be operating as a Private Photographer during a horse show competition (the “Facilities”), and each of the Facilities’ respective owners, managers, directors, officers, members, employees, agents and representatives, and all of the volunteers, affiliated organizations, successors and insurers to the aforementioned (collectively, all of the aforementioned being referred to as the “Released Parties”, and each a “Released Party”).

In consideration for my being permitted to participate as a Private Photographer on the Facilities during the 2023 HITS Del Mar Horse Show Season, I acknowledge and agree as follows:

1. Dangerous Activity: I acknowledge that I will be performing the Private Photographer Activities during a horse show competition and that during my attendance at the Facilities, activities related to a horse show competition (“Equestrian Activities”) will be conducted on the Facilities. I acknowledge that horses can be unpredictable animals and fully realize that there are certain dangers inherent in Equestrian Activities, including the risks of property damage, personal injury, and even death. I recognize that even the best-trained horses can and often do react rapidly and in unpredictable ways to a variety of stimuli and even for no apparent reason at all. I understand that the actions of any other person or animal cannot necessarily be controlled and that my safety and that of my property cannot be guaranteed while participating in the Private Photographer Activities and observing the Equestrian Activities. I understand that there is risk of serious physical harm and even possibly death, and nonetheless voluntarily choose to participate in the Private Photographer Activities.

2. Assumption of Risks: Understanding the risks involved, I voluntarily choose to participate in the Private Photographer Activities during which Equestrian Activities will be conducted and choose to be around horses. I EXPRESSLY ASSUME THE ASSOCIATED RISKS, INCLUDING THE RISK OF INJURY AND DEATH, WHETHER CAUSED BY THE RISKS INHERENT IN EQUESTRIAN ACTIVITIES, THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES OR ANY OTHER CAUSE. I ACCEPT FULL AND COMPLETE RESPONSIBILITY FOR THE SAFETY OF MYSELF, ANY GUESTS OR OBSERVERS ACCOMPANYING ME OR PRESENT AT MY INVITATION AND MY PERSONAL PROPERTY.
FURTHER, I ASSUME THE RISK OF ANY DAMAGE OR INJURY CAUSED BY MY PRIVATE PHOTOGRAPHER ACTIVITIES, AND AGREE TO INDEMNIFY THE RELEASED PARTIES AGAINST ANY CLAIMS FOR DAMAGE TO PERSONS OR PROPERTY CAUSED BY MY PRIVATE PHOTOGRAPHER ACTIVITIES.

3. Release and Waiver of Claims: On behalf of myself, my heirs, successors in interest, guardians, legal representatives and assigns, I HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, CAUSES OF ACTION AND LIABILITIES, IN LAW OR IN EQUITY, WHETHER MY OWN OR DERIVATIVE CLAIMS, BASED UPON ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION OR OTHER HARM OF WHATEVER NATURE, WHETHER FORESEEN OR UNFORESEEN, THAT MAY BE SUSTAINED OR SUFFERED BY ME OR BY ANY OTHER PERSON AS A DIRECT OR INDIRECT CONSEQUENCE OF MY PARTICIPATION IN THE PRIVATE PHOTOGRAPHER ACTIVITIES OR MY OBSERVANCE OF THE EQUESTRIAN ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.

4. Unpredictability of Cause, Personal Responsibility: I understand that injuries and harm may result from working around horses from a variety of causes, including the acts or omissions of other persons, domesticated or wild animals, weather, ground conditions and other causes not necessarily predictable. I understand that it is my responsibility to act in a responsible manner to ensure, to the extent possible, my own safety and that of others.

5. Personal Property: I agree that I am responsible for the security of my own personal property, including any personal effects I bring to the Released Parties’ premises, and that the Released Parties cannot guarantee the security of my property. Should I leave any personal property in the custody of the Released Parties, I do so at my own risk. None of the Released Parties shall have any liability to me in the event of loss, damage, unauthorized use by any person or theft of any such property. I acknowledge that I need to purchase sufficient insurance to cover my own property.

6. Promise Not to Bring Suit: I hereby agree that I, my heirs, successors in interest, guardians, legal representatives, and assigns will not bring a claim against, sue, demand compensation from or attach the property or assets of the Released Parties or any of them, either in my or their own name, for any loss or damage arising or resulting directly or indirectly from my participation in the Private Photographer Activities, my observance of the Equestrian Activities or my presence at the Released Parties’ premises.

7. Indemnification: I agree to indemnify, defend, and hold harmless each of the Released Parties from and against any and all claims, suits, demands, liabilities, damages, losses, costs, and expenses, including but not limited to attorney’s fees, arising from or in connection with the injury, illness or death of any person or the damage, destruction or loss of any of my or others’ property which might result, directly or indirectly, from my participation in the Private Photographer Activities.

8. Nature of Claims Waived: I realize that this waiver refers to and covers events that may take place after the signing of this document and that the exact nature of any injury or loss I may suffer as a result of my participation in the Private Photographer Activities or observance of the Equestrian Activities may not be entirely foreseeable. I realize that the extent of loss possible includes serious bodily injury or even death and total destruction or loss of any property I may leave at the Released Parties’ premises. Knowing the possible extent of damages or injury I may suffer, I hereby expressly waive any claim under Section 1542 of the California Civil Code relating to the release of unknown claims, which Section reads as follows:
“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

9. Governing Law and Dispute Resolutions: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any controversy arising out of this Agreement shall be submitted to binding arbitration in San Diego County, California, before a sole arbitrator selected from JAMS. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules and Procedures of JAMS then in effect and shall be the sole, exclusive, and final forum for the resolution of such dispute. The arbitrator shall have the authority to award any remedies, including equitable relief, injunctive relief, attorneys' fees, and costs, available under applicable law. The arbitrator's award shall be final and binding on the parties, and judicial review shall be limited, as provided by law. I FURTHER UNDERSTAND THAT THE TERMS OF THIS EXPRESS ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT MEAN THAT I AM WAIVING CERTAIN IMPORTANT RIGHTS THAT I MIGHT OTHERWISE HAVE UNDER CALIFORNIA LAW.

10. Severability: I agree that this document is intended to be as broad and inclusive as is permitted by California law. If any portion of this Agreement is determined to be invalid, illegal, or unenforceable, that portion shall be severable, and the validity, legality, and enforceability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.

11. Attorneys’ Fees: In the event of any dispute arising out of the subject matter of this Agreement, the prevailing party shall be entitled to recover its costs and expenses (including reasonable attorneys’ fees) incurred in resolving such dispute.

12. Representations and Warranties: I hereby represent and warrant that:
a. I HAVE VOLUNTARILY EXECUTED THIS AGREEMENT OF MY OWN FREE WILL, WITHOUT DURESS OR PRESSURE FROM ANY PERSON.
b. I UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH, OR PROPERTY DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.
c. I HAVE READ THIS ENTIRE EXPRESS ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT CAREFULLY, AND I FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS.