Waiver and Release of Claims
DESERT TASTY TOURS MAKES EVERY EFFORT TO ENSURE YOUR SAFETY AND COMFORT WHILE PARTICIPATING IN OUR TOURS. HOWEVER, IT IS IMPORTANT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH THESE AND OTHER ACTIVITIES.
This Waiver and Release of Claims is entered into by participant, hereafter “Participant” and Desert Tasty Tours, hereafter “Company” as of the date written below.
By purchasing tickets for and participating in the food tasting and cultural walking tours (“Tours”) offered by Company, Participant or Participant’s parent or legal guardian agrees to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”) :
1. Voluntary Participation. Participant understands that participation in the Tours is voluntary. Participant is in good health and suffers from no physical or mental condition that would give rise to special susceptibility to injury or disability while participating in the Tours.
2. Comprehension of Risk. Participant is aware of the risks associated with participation in the Tours including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. Participant understands that the Tours take place in public venues under conditions largely beyond Company’s control.
3. Assumption of Risk. Participant assumes all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Tours. Participant accepts personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tours.
4. Release of Liability; Limitation of Damages. Participant hereby forever and unconditionally releases Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Tours, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Company’s liability to Participant will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Tours be greater than $500. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Tours is cumulative and not per incident. In no event shall Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof.
5. Indemnification. I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Tours.
6. Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.
7. Consent to Medical Treatment. I authorize Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services.
8. Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
9. Promotional Release. I hereby grant to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Tours, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to Company an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
None of the provisions of this Waiver and Release of Claims can be waived or modified except expressly in writing signed by Participant and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Released Parties to enforce any of their rights hereunder at any time shall not act as a waiver to enforce their rights under this Waiver and Release for same or similar acts at any subsequent time.
BY PARTICIPATING IN THE TOURS, PARTICIPANT ACKNOWLEDGES HAVING READ THIS DOCUMENT AND VOLUNTARILY AGREES TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY.