VILLAGE FOOD TOURS L.L.C.
BOOKING TERMS AND CONDITIONS
ACKNOWLEDGEMENT OF RISKS
Acceptance of Risks of Food Consumption
I am at least 18 years of age and understand that my and/or my minor child’s permitted participation in the activities provided by Village Food Tours, L.L.C. (herein also referred as the “Tour” or “Tours”), for which I hereby acknowledge the receipt and sufficiency, includes the tasting or consumption of food and drink and may include tasks or actions that could be hazardous to me. I understand that Village Food Tours, L.L.C. (herein also referred to as the “Company”) is not responsible for the content of any food or drink that I consume, and that I am solely responsible for any damage to my health, including but not limited to damage to my health through any allergy, known or unknown, food sickness, allergic reactions and choking.
Acceptance of Risk and Assumption of Personal Responsibility regarding Alcoholic Beverages
I acknowledge and agree that the consumption of alcohol on a Tour is optional and a personal decision and that Village Food Tours, L.L.C. and any of the parties hereby released, does not provide or serve alcoholic beverages. I agree that any alcoholic beverages I consume are my own choice and responsibility and that I am at least 21 years of age. I agree not to provide alcohol to family, friends, guests or third parties while participating in the Tours and acknowledge that providing, serving or making alcoholic beverages to anyone under the age of 21 years is against the law. I acknowledge and agree, without limitation, that I am solely responsible for all my actions resulting from consuming alcohol and the Company is in no way responsible.
Acknowledgement and Acceptance Other Risks
I acknowledge and accept the risks such as any injury or death arising from or associated with weather conditions, choking, injuries caused by other participants, pedestrians and motor vehicles, either by mishap, accident or self-inflicted, that are associated from these hazards and I assume any risk or harm that may occur to me and/or my minor child due to taking part in these Tours or from the consumption of any substances during my or our participation in any activities provided by the Company.
Health Certification
I understand the Tour involves walking. I certify that my and/or my minor child’s health is good, I or we do not suffer from any physical or mental conditions or health-related reasons or problems that would preclude me or us from participating in the Tours and have not been advised by anyone, including without limitation, a medical professional, that I or either of us should not participate in the Tours or place a limitation on walking.
WAIVER AND RELEASE OF LIABILITY
Agreement of Voluntary Participation in Tours
I hereby confirm that I understand that I and/or my minor child am/are participating in the Tours voluntarily and in consideration of the Company permitting me/us to participate in the Tours, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors and assigns as follows:
- WAIVE, RELEASE AND DISCHARGE VILLAGE FOOD TOURS, L.L.C. and/or its directors, members, managers, officers, employees, volunteers, representatives, agents, contractors or insurers from any and all liability, whether foreseen or unforeseen, including but not limited to, liability arising out of negligence or fault of the entities or persons hereby released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may occur to me or us including travel to, from and during the Tours.
- INDEMNIFY, HOLD HARMLESS AND PROMISE NOT TO SUE VILLAGE FOOD TOURS, L.L.C. and/or its directors, managers, officers, employees, volunteers, representatives, agents, contractors or insurers from any and all liabilities or claims made as a result of participation in the Tours or activities of VILLAGE FOOD TOURS, L.L.C. and/or its directors, managers, officers, employees, volunteers, representatives, agents, contractors or insurers.
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ADDITIONAL TERMS AND CONDITIONS
Consent to Medical Treatment
I hereby authorize the Company to provide me with customary medical treatment, assistance, transportation and emergency medical treatment by means of medical personnel or services of its choice, if Company deems such assistance, services or transportation reasonable or necessary, in its sole discretion.
Severability
If for any reason any provision of this waiver is declared to be unenforceable or invalid, the enforceability and validity of the remaining provisions shall remain unaffected. The provision declared unenforceable or invalid shall be deemed modified as to render it enforceable and valid. If no modification is possible to render it enforceable and valid, then this waiver shall be considered as if such a provision was not included, and the obligations and rights of the parties concerned shall be construed and enforced accordingly.
Release of Promotional Materials
I grant permission to Village Food Tours, L.L.C. and it agents and employees the irrevocable and unrestricted right to reproduce, alter, distribute, broadcast, exhibit, edit, digitize or in any other way the photographs and/or video images taken of me or members of my family and use of my/our likeness for the purpose of publication, promotion, illustration, advertising and trade in any manner or in any medium.
I additionally agree to grant the Company an irrevocable royalty-free worldwide license to use my name hometown and age in connection with the use of my/our likeness for the purpose of publication, promotion, illustration, advertising and trade as set forth herein and understand that I am hereby waving my/our right to privacy while on the Tour.
Governing Law and Venue
In every respect, these Terms and Conditions shall be governed by the laws of the State of Florida, without regard to any conflict of principles of law. Jurisdiction and venue shall be in Brevard County.
Disputes
In the event of a dispute arising out of these Terms and Conditions, whether or not a lawsuit is filed, the Company shall be entitled to recover its reasonable attorney’s fees and costs including litigating entitlement to attorney’s fees and costs, as well as determining the amount of attorney’s fees and costs recoverable.
Binding Effect
This waiver is binding upon my next of kin, family, heirs, personal representatives, beneficiaries and assigns, and inure to the benefits of the Company, its assigns, and successors.
By continuing to take part in the Tours I indicate my voluntary agreement to the provisions of this waiver and Release of Liability.
I HAVE READ THE ENTIRE CONTENTS OF THIS DOCUMENT. I UNDERSTAND THAT I HAVE WAIVED SUBSTANTIAL RIGHTS BY AGREEING TO THE PROVISIONS SET FORTH HEREIN. I HEREBY ASSUME ALL OF THE RISKS OF MY PARTICIPATION OR MY MINOR CHILD’S PARTICIPATION IN ANY/ALL ACTIVITIES ASSOCIATED WITH VILLAGE FOOD TOURS, L.L.C. and/or its directors, members, managers, officers, employees, volunteers, representatives, agents, contractors or insurers including without limitation any risks that may arise from negligence or carelessness from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.