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Tasty Tours NYC LLC | Terms and conditions
Waiver, Release, and Grant of Rights
The following includes a waiver of rights, a release of liability, a limitation of damages, and an indemnification. Please read it carefully before agreeing to these terms and conditions.
In consideration of being permitted to purchase a ticket or tickets for the food tasting and cultural walking tours (the "Tours") offered by Tast Tours NYC LLC (the “Company”), and the Company’s permitting me and those in my party to participate in such food tasting and cultural walking tours, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I, on behalf of myself and those in my party (who are individually and collectively referred to herein as the “Participant”), understand, acknowledge, represent, warrant and agree as follows, with the knowledge that the Company will rely on same:
1. Voluntary Participation. Participant understands that participation in the Tours is voluntary. Participant is in good health and suffers from no physical or mental injury, illness, condition or disability 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, on behalf of Participant and Participant’s successors in interest, hereby forever and unconditionally releases the Company, and any affiliated entities, parent companies, subsidiaries, present and former employees, its owners, officers, agents, members, managers, partners, contractors, shareholders, directors and insurers (collectively, “released parties”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) in any way arising out of, or resulting from, Participant’s participation in the Tours, including, without limitation, any and all claims, actions, and liabilities for death, injury, loss or damage of property, regardless of whether or not such injury, loss or damage was caused by the negligence or willful conduct of the Company or any of the released parties. Participant’s release includes, but is not limited to, harm that may be attributable to, or in any way arise from, Participant’s own conduct, behavior or history of pre-existing conditions or dispositions. Participant also agrees that Participant is financially responsible for any and all medical treatment required as a result of any such harm. Participant, on behalf of Participant and Participant’s successors in interest, further agrees to defend and indemnify the Company and the released parties harmless, from any and all liabilities, claims, actions, damages, expenses (including, without limitation, attorney’s fees) and losses of any kind of nature whatsoever in any way arising out of, or resulting from, Participant’s participation in the Tours.
5. Indemnification. I agree to defend and indemnify the Released Parties 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.
10. Governing Law and Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to conflict of law principles. New York, New York shall be the exclusive venue for all legal actions arising out of or related to this Agreement, my payment for or participation in the Tours, or any other dispute I have or may have in the future with the Company or the Released Parties. I explicitly waive any and all venue defenses. I explicitly agree that New York state courts shall have exclusive jurisdiction over all claims arising out of this Agreement, my payment for or participation in the Tours, or any other dispute I have or may have in the future with the Company or the Released Entities. I expressly consent to the personal jurisdiction of the state courts of New York.
11. Minor Participation. I agree on behalf of any minor for whom I am making payment that I, a parent, or another legal guardian has read and consented to these terms and conditions.
12. Weather. Company is aware that the Tours are likely to involve walking outside. Full participation in the Tours may involve exposure to the elements, including heat, cold, wind, rain, snow or other precipitation. The Company reserves the exclusive right to determine whether to cancel any Tour due to weather conditions. If I elect to withdraw from a tour due to weather after the window for a full refund has passed, I acknowledge that I am not entitled to a refund.
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.
This Agreement waives substantial rights and includes a release of liability, a limitation of damages, an indemnification, and a grant of use of my likeness. The Participant has read this entire document. The Participant's participation in the Tours is expressly subject to my acceptance of the terms of this Agreement, and the Participant will not participate in the Tours without accepting the terms and conditions set forth in the Agreement.