WARNING: Person's with
food allergies are required to let us know before tour!
Waiver and Release: *When anyone pays for the food tour (regardless if it is
for themselves or someone else going on the tour all individuals are
responsible to read below except children; in this case, the parental guardian
or person(s) responsible are responsible) they have agreed to the below
conditions in the waiver no matter what.
Consent to Medical Attention and Grant of Rights
By purchasing tickets for and participating in the "Food Tours Of
Miami" offered by Food Tours Of Miami, LLC (the "Company"), and
in consideration for my being allowed to participate in the Food Tours, the
receipt and sufficiency of which is hereby acknowledged, I, and if I am not yet
18 years old, my parent or legal guardian (individually and collectively
referred to below in the first person singular) agree 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. Release of Liability; Limitation of Damages. I
hereby forever and unconditionally release 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 Food Tours, including, without limitation, any and all Claims resulting
from the negligence of the Released Entities. Company’s liability to me 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 Food Tours Of Miami, LLC food tour be
greater than $500. Recovery of such amount shall be my sole and exclusive
remedy. All liability arising out of my participation in the Food 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.
2. Assumption of Risk. I assume all risks, known
and unknown, foreseeable and unforeseeable, in any way connected with my
participation in the Food Tours Of Miami, LLC food tour. I accept personal
responsibility for any liability, injury, loss, or damage in any way connected
with my participation in the Food Tours.
3. Comprehension of Risk. I fully comprehend and
accept all of the risks associated with my participation in the Food Tours Of
Miami, LLC food tour 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. I understand that the Food
Tours Of Miami, LLC food tour takes place in public venues under conditions
largely beyond Company's control.
4. 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.
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 Food Tours Of
Miami, LLC food tour.
6. Voluntary Participation. I understand and
confirm that my participation in the Food Tours Of Miami, LLC provided by the
company 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 Food Tours Of Miami, LLC food tours. I acknowledge
that by assisting to the Food Tours provided by Food Tours Of Miami, LLC the
company is not responsible for the foods or beverages consumed on its food
tours. I understand that Food Tours Of Miami, LLC acts solely as an agent in
arranging food tours, venue visits & other services and does not assume
liability for accidents, delays, injuries, loss or damage due to any act or
default of any company, organization or person engaged in conducting the food
tours, rendering service, or carrying out arrangements for any tour or by the
act of default of any restaurant or shop or its employees.
7. Governing Law and Venue. This Waiver shall be
governed in all respects by the laws of Florida State without regard to conflict of law principles. Venue shall be in Miami-Dade County.
8. 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.
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 Food Tours Of Miami, LCC food tour, 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, catalogs, 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. 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.
11.
Alcohol
consumption. All persons 21 and older are able to drink alcohol freely at their
own risk and will be asked for photo identification prior to any tour, crawl, or
event involving alcohol consumption and in conjunction with Florida State Laws.
Persons who buy tickets to go on Food Tours Of Miami, LLC Food Tours or any
other tour, crawl, event associated with Food Tours Of Miami, LLC and consume
alcohol due so knowingly at their own discretion, risk and liability. Persons who
buy tickets assume all risks associated with drinking, eating or anything else
associated, in any possible way, with the company and cannot hold Food Tours Of
Miami, LLC liable for any injury whatsoever. Persons who are negligent do so at
their own risk and risk causing serious harm to themselves and others and Food
Tours Of Miami, LLC will not be responsible in any way because of participants
awareness before hand, prior to purchasing to go on a tour, crawl or any event
associated with Food Tours Of Miami, LLC and subsidy company. Any rudeness, or misbehavior, causing harm to
self or others, or any other act unbecoming of a polite well mannered person, will
not be tolerated. Any person will be subject, at the discretion of tour guide,
to be removed from any event without reimbursement and law enforcement will be
contacted. All participants ASSUME THE RISK for their alcohol consumption and
HOLD HARMLESS FOOD TOURS OF MIAMI, LLC.
*When anyone pays for the food tour (regardless if it is for themselves or
someone else going on the tour all individuals are responsible to read above
except children; in this case, the parental guardian or person(s) responsible
are responsible) they have agreed to the below conditions in the waiver no
matter what.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ this entire
document. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY Agreeing to
its provisions. By continuing to participate in the Food Tours Of Miami, LLC
food tour, I am indicating my voluntary agreement to the provisions of this
WAIVER AND RELEASE OF LIABILITY.
Participation in the food tours by a person who is not yet 18 years old
indicates that a parent or legal guardian has also read and consented to this
waiver.
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VISIT THE GALLERYCopyright © 2010-2016 Food Tours Of Miami, LLC
Food Tours Of Miami is registered with the State of Florida as a Seller of Travel. Registration No. ST38002