Disclaimer

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.