Voluntary Participation: I understand and confirm that my participation in the tours is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the tours.
Comprehension of Risk: I fully comprehend and accept all of the risks associated with my participation in the tours including, without limitation, injury or death resulting from exposure to unfavourable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the tours take place in public venues under conditions largely beyond the Company’s control.
Assumption of Risk: I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the tours. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the tours. Although the Company will do its best to accommodate food allergies and preferences of which it is aware, I retain sole responsibility for ensuring that the food and beverages I choose to consume are consistent with my food restrictions and preferences, and I waive all claims against the company arising out of my consumption of any and all food and beverages to which I may have an allergy or aversion.
Release of Liability and Limitation of Damages: I hereby forever and unconditionally release the Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, directors, and any person or entity acting on the Company’s behalf (collectively, the “Released Entities”) from any and all claims, actions damages, liabilities, losses, costs, and expenses, including but explicitly not limited to attorney fees) for death, injury, loss of damage of property, or any other claims that in any way arise out of my participation in the Tours, including any and all Claims resulting from the negligence of the Released Entities.
Indemnification. In addition to and without limitation of or by the other provisions of this Agreement and to the fullest extent permitted by applicable law, I agree to fully protect, indemnify, and defend the Released Entities and hold them harmless from and against any and all claims, demands, damages, causes of actions, and liabilities of any and every nature whatsoever arising out of or in connection with or caused in whole or in part by my acts or omissions while participating in the Tours, including without limitation economic injury to, bodily injury to, or death of any person, regardless of concurrent or supervening causes or any contributing fault or negligence of any of the Released Entities or any breach or failure to comply with any of the provisions of this Agreement. I hereby acknowledge that this Agreement is intended to protect, indemnify, and hold the Released Entities harmless from the consequences of the Released Entities’ own negligence and actions. This indemnification shall be in addition to all other terms of the Agreement and shall not limit or be limited by any other provisions of this Agreement.
Binding Effect. This Agreement shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of the Company, its successors, and assigns.
Consent to Medical Treatment. I authorize the 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 the Company to provide such assistance, transportation, or services.
Severability. If any provision of this Agreement 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. If no modification may render it valid and enforceable, this Agreement shall be construed as if it did not contain the invalid or unenforceable provision, and the remaining rights and obligations of the parties will be construed and enforced accordingly.