Have a read, then sign below.
GUEST WAIVER AND RELEASE OF LIABILITY
Tasty Tours NYC LLC (the "Company")
By booking or participating in a guided food tour operated by the Company (a "Tour"), I acknowledge and agree to the terms of this Guest Waiver and Release of Liability (this "Waiver"). This Waiver supplements the Company's Terms and Conditions applicable to my booking.
1. VOLUNTARY PARTICIPATION
I understand and confirm that my participation in a Tour is voluntary. I have considered my own health and fitness and consulted a physician if I had any doubt about my ability to participate safely. Please tell us about accessibility needs when booking so we can try to accommodate them.
2. COMPREHENSION OF RISK
I understand that a Tour involves walking for several hours through public areas and may involve sidewalks, curbs, stairs, street crossings, restaurants, and other locations that the Company does not own or control. I fully comprehend, understand, and accept all the risks associated with my participation in a Tour, including, without limitation, inherent and other risks which may result in bodily injury, illness, property damage, or death, including: slips, trips and falls; uneven, wet, icy, cracked, obstructed, or otherwise hazardous walking surfaces; stairs and curbs; weather conditions; vehicles, bicycles, e-bikes and scooters; crowds and other members of the public; communicable illness; and food-related risks, including allergic reactions, cross-contamination, foodborne illness and choking. I understand the nature of these risks and voluntarily choose to participate in a Tour despite them.
3. ASSUMPTION OF RISK
I voluntarily and knowingly assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in a Tour. I accept personal responsibility for any injury, loss, or damage I sustain in any way connected with my participation in a Tour. If alcohol is involved in a Tour, I accept the full responsibility for complying with New York law regarding my consumption of alcohol, and if consuming alcohol, monitoring and/or limiting my alcoholic beverage intake, and I acknowledge that the Company is not providing, offering, selling or serving to me any alcoholic beverages and is not responsible for verifying that I may legally consume alcohol under New York State law.
4. FOOD ALLERGIES AND DIETARY RESTRICTIONS
I understand that foods and beverages offered during a Tour are prepared and served by independently owned restaurants and third parties that the Company does not own or control, and that the Company does not prepare or handle food. I am responsible for notifying the Company about any allergies or dietary restrictions when I book or on the Company's pre-tour guest form. The Company will pass that information to the venues and will make reasonable efforts to arrange alternatives but cannot guarantee that any restriction can be accommodated or that any item is free of any allergen or of cross-contamination. Any ingredient or preparation information the Company or its guides pass along comes from the venues, is not independently verified by the Company, and is not a warranty or representation by the Company. I am responsible for checking each item myself before eating it, asking the venue directly where I need to, declining anything I am not certain is safe for me, and carrying any medication I require (such as an epinephrine auto-injector). I knowingly and voluntarily assume all risks associated with consuming any food or beverage on a Tour, including where an allergen was present in an item offered or handed to me.
5. RELEASE OF LIABILITY; LIMITATION OF DAMAGES
TO THE FULLEST EXTENT PERMITTED BY NEW YORK LAW, I KNOWINGLY AND VOLUNTARILY, ON BEHALF OF MYSELF AND MY HEIRS, EXECUTORS, ADMINISTRATORS, ESTATE, AND ASSIGNS, RELEASE, WAIVE, AND DISCHARGE TASTY TOURS NYC LLC AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TOUR GUIDES, AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES) FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATING TO MY PARTICIPATION IN ANY TOUR, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS RESULTING FROM ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES' TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY TOUR EXCEED THE TOTAL AMOUNT PAID BY THE PARTICIPANT FOR THE TOUR. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF THE RELEASED PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF.
The foregoing release and limitation of liability do not apply to gross negligence, recklessness, intentional misconduct, or any claim or liability that may not be released as a matter of law. The Released Parties do not own, operate, or control the independent restaurants, establishments or other third parties encountered during a Tour, and this release does not extend to any claim I may independently have against such third party.
If any portion of the release under this Section is determined to be invalid or unenforceable, the remainder of this Waiver, including my assumption of risk and the limitation of liability set forth above, will remain in full force and effect to the fullest extent permitted by law.
6. MEDICAL CARE
If an emergency occurs in which I should require medical care or treatment, I authorize the Company to summon or arrange emergency medical treatment for me (or my minor child), at my own expense. Notwithstanding the foregoing, this authorization does not impose a duty on the Company to provide such assistance or supervision beyond summoning emergency services.
7. MINORS
If I am signing this Waiver for any participant under age 18 (a "Minor"), I represent that I am the Minor's parent or legal guardian with the authority to do so, and I consent to the Minor's participation in the Tour. I agree to this Waiver on the Minor's behalf to the fullest extent permitted by law. Separately, and in my own right, I release the Released Parties from all claims I may have arising out of the Minor's participation in the Tour, including claims for medical expenses, loss of services, and loss of companionship. Nothing in this Waiver is intended to waive or release a minor's claim to the extent such claim cannot be lawfully waived or released by a parent or legal guardian under applicable law.
8. PHOTOGRAPHS, VIDEOS, AND PROMOTIONAL RELEASE
In connection with participating in a Tour, I hereby grant the Company the right to photograph, film, and record me and any Minor for whom I am signing, and to use, reproduce, edit, publish, and distribute those recordings and to use my or the Minor's name, portrait, picture, image, likeness, and voice for the Company's marketing, advertising, and promotional purposes, worldwide, in any media, in perpetuity, without compensation. This is my written consent for purposes of Sections 50 and 51 of the New York Civil Rights Law, given by me both individually and as parent or legal guardian of any such Minor. The Company will not use my or the Minor's likeness in a manner implying endorsement of any third party. I may request removal from the Company's active digital media by emailing info@tastytoursnyc.com and the Company will use reasonable efforts to honor that request prospectively.
9. GENERAL
This Waiver is governed by the laws of the State of New York, without regard to its conflicts of laws principles thereof. Any dispute arising out of or relating to this Waiver or a Tour shall be brought exclusively in the state or federal courts located in New York County, New York. If any provision of this Waiver is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect to the fullest extent permitted by law. This Waiver may be signed electronically, and my electronic signature has the same force and effect as a handwritten signature.
By booking and participating in a Tour, I represent that I have read this entire Waiver and voluntarily agree to its terms and release of liability.