ASSUMPTION OF RISK, LIABILITY RELEASE AND CONSENT TO USE OF LIKENESS, HUDSON FOOD WALK LLC
By purchasing tickets for and/or participating in the food tasting and cultural walking tours offered by HUDSON FOOD WALK LLC, and in consideration of being allowed to purchase said tickets, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, said purchaser/tour participant understands, acknowledges represents, warrants and agrees as follows, with the knowledge that Hudson Food Walk will rely on same:
1. Participant desires to participate in the food tasting and walking tours offered by HUDSON FOOD WALK LLC and assumes all of the risks associated with my participation in food tours and related activities (collectively, the “Tour”). Participant understands that the Tour will include physically walking to various locations and sampling foods and beverages. Participant agrees to inform HUDSON FOOD WALK, LLC of any restrictions that affect him/her or their representatives before starting the Tour, including, without limitation, food allergies. Participants participation in the Tour is purely voluntary, and participants elect to participate with full knowledge and understanding of the potential risks.
2. Participant is in good health and suffers from no minor or serious physical or mental injury, illness or disability that would make participant especially susceptible to injury or disability while performing any activity contemplated by this Waiver and Release of Claims.
3. Participant fully comprehends and accepts all of the risks associated with his/her participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death.
4. PARTICIPANT’S PARTICIPATION IN THE TOURS IS AT PARTICIPANT’S OWN SOLE RISK. PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, HEREBY FOREVER AND UNCONDITIONALLY RELEASES THE COMPANY, AND ANY AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, SHAREHOLDERS AND DIRECTORS OF THE FOREGOING LIMITATION (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES 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 TO PARTICIPANT, TO ANY ONE ELSE, OR TO ANY 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, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, FURTHER AGREES TO DEFEND AND INDEMNIFY THE RELEASED PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) AND LOSSES OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY ARISING OUT OF, OR RESULTING FROM, PARTICIPANT’S PARTICIPATION IN THE TOURS.
5. This Waiver and Release of Claims constitutes the entire agreement and understanding between Participant and the Released Parties, and cancels, terminates and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Waiver and Release of Claims.
6. 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 here under 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.
7. Further, participant gives permission to use name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings or digital images, taken or made on behalf of HUDSON FOOD WALK, LLC. Participant agrees that HUDSON FOOD WALK, LLC has complete ownership of such pictures, photos, video recordings or digital images, including the entire copyright, and HUDSON FOOD WALK, LLC may use such pictures, photos, video recordings or digital images for marketing and promotional purposes, whether print or digital, including, but not limited to, use on HUDSON FOOD WALK, LLC’s website, Facebook page and other social media sites. Participant acknowledges that he/she will not receive any compensation for the use of such pictures, photos, video recordings or digital images and hereby release HUDSON FOOD WALK, LLC and its agents, members, governors, managers, employees, volunteers, participants, and staff, and their successors, assigns and heirs from any and all claims which arise out of or are in any way connected with such use.