BiteSeeing Food Tours
Waiver & Release of Claims
With the purchase of a ticket for and/or participation in the food tasting and educational walking tours offered by BiteSeeing Food Tours (“Company”), and for other good and valuable consideration, the receipt of which is acknowledged by the purchaser/tour participant (“Participant”), Participant recognizes, acknowledges, represents and warrants the following to Company, with the knowledge that Company will rely on same, to wit:
- Participant desires to participate in the food tasting and educational walking tours offered by Company (“Tours”).
- Participant is able-bodied and disclaims knowledge of any preexisting condition which may make Participant susceptible to injury or ailment in the course of any activity contemplated by this Waiver and Release of Claims.
- Participant fully understands and agrees to accept all of the risks associated with his/her participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food-borne illness, adverse reaction to foods, known or unknown food allergies, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, uneven road surfaces, other guests in the tour group, vehicles, pedestrians and other people or objects) and death.
- Participant grants to Company, and Company’s successors and assigns, an irrevocable, sub-licensable right and authority to use Participant’s name, likeness, photograph and/or image for any and all commercial or non-commercial purposes, now known or later developed, in perpetuity throughout all forms of media, print, televised, film, video, or other, without further obligation or compensation to Participant.
- PARTICIPANT’S PARTICIPATION IN THE TOURS IS AT PARTICIPANT’S OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTICIPANT, ACTING ON HIS/HER OWN BEHALF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, HEREBY FOREVER AND UNCONDITIONALLY RELEASES 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 (INCLUDING, WITHOUT LIMITATION, REGINA BARNES, BITESEEING FOOD TOURS, (COLLECTIVELY, THE “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, ACTING ON HIS/HER OWN BEHALF 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, COURT COSTS AND REASONABLE 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 TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- This Waiver and Release of Claims shall be governed by and construed in accordance with the laws and decisions of the State of Arkansas as applied to agreements entered into and fully performed within the State. The State and Federal courts sitting in Benton County, Arkansas and the Western District of Arkansas shall retain the exclusive jurisdiction over any disputes arising under or related to this Waiver and Release of Claims, and Participant expressly consents to the personal jurisdiction of same. No action may be brought against Company as a class action, and Participant expressly agrees under this Waiver and Release that in the event any dispute, controversy or claim arising out of or relating to the Tours, this agreement, or a breach thereof, Participant and Company hereto shall first attempt to settle the dispute by good faith mediation, administered by a Mediator, certified by the Arkansas Alternative Dispute Resolution Commission, and practicing in Benton County, Arkansas, prior to filing of any lawsuit.
- 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 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.
- Participant understands that by providing their email address below they are agreeing to receive occasional offers and news from BiteSeeing Food Tours. At any point the participant may unsubscribe from any email by simply clicking the unsubscribe link located at the bottom of any email.