With respect to the purchase of tickets from Miami Culinary Tours LLC (henceforth referred to as ‘the Company’), I, and if I am under 18 years of age, my parent or legal guardian (collectively and individually referred to henceforth in the first person singular) understand that my permitted participation in these culinary tours, for which I hereby acknowledge the receipt and sufficiency, and the tasting or consumption of food and drink of any kind may include tasks or actions that might be hazardous to me. Irrespective of the risk associated from these hazards, I assume any risk or harm that may occur to me or the participant due to taking part in these culinary tours or from the consumption of any substances during my (their) participation.
I release the Company from all liability, damages or costs that might arise from participation in the culinary tour involved, from participation in activity involved and from any consequence involved in my (their) participation including travel to and from the event.
I agree to be bound by the under-noted conditions of this waiver and release of liability, limitation of damages, indemnification from claims, consent to medical attention and treatment and grant of rights (“Waiver”):
1. Agreement of Voluntary Participation in Culinary Tours
I hereby confirm that I understand that I am participating in Miami Culinary Tours voluntarily, irrespective of where in the world these tours take place. My health is good, and I suffer no physical or mental conditions that render me particularly susceptible to injury or any disability while participating in the tours offered by the Company. I understand a culinary tour involves walking that may present a risk to those with specific heart or lung conditions, or with any other condition where walking and exercise should be kept to a minimum. I understand that 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 through any allergy, known or unknown, that I may have. I understand and accept that the Company is acting only as an agent in arranging culinary tours, visits to venues and other services, and are not responsible for any cancellations, delays, accidents, injuries, loss or damage that occur due to any default or act of any organization or company engaged in conducting the culinary tours, carrying out any arrangements for such tours or rendering services connected with them nor by the default or act of any restaurant, shop or their employees.
2. Understanding of Risk Involved
I am fully aware of all risks associated with my participation in these culinary tours including without limitation, any injury or death arising from or associated with food sickness, allergic reactions, weather conditions, choking, injuries caused by other participants, pedestrians and motor vehicles, either by mishap, accident or self-inflicted. I fully understand that culinary tours take place in areas and under situations completely out of the control of the Company.
3. Acceptance of Risk and Assumption of Personal Responsibility
I accept and assume all risks in association with the culinary tours offered by the Company, whether there foreseen or unforeseen, known or unknown, in any way whatsoever associated with my participation in the culinary tours offered by the Company.
4. Release Miami Culinary Tours from Liability
I hereby forever and unconditionally release the Company, Miami Culinary Tours LLC, plus any affiliated entities or subsidiaries, current and former employees, officers, members, owners, managers, contractors, partners, directors, shareholders or insurers (referred collectively to as the ‘Released Entities’) from any and all actions, claims, damages losses, costs liabilities and expenses, including attorney’s fees without limitation, for any loss or damage of property, injury or death that arises in any way out of my participation in the culinary tours including, without limitation, any and all claims arising from the negligence of the ‘Released Entities’.
5. Limitation of Damages
The liability of the Company to me will be limited to actual damages caused by the gross negligence or willful misconduct of the Released Entities while performing their duties and responsibilities hereunder, provided that my damages in connection with my participation in the culinary tours shall not under any circumstances exceed the sum of $500. My sole and exclusive remedy shall be recovery of that sum not exceeding $500. All liability arising out of my participation in the Culinary Tours shall be cumulative and not by each individual instance. The Company shall in no way be liable for any incidental, consequential, punitive or special damages or any other form of direct or indirect damages even if the Company has been informed of the possibility thereof.
6. Indemnity from Claims
I agree defend and indemnify the Released Entities previously defined from all claims of any kind incurred as a result of my participation in the culinary tours.
7. 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, although this consent does not imply that the company has a duty to offer such assistance, services or transportation.
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.
9. Governing Law and Venue
In every respect, this waiver shall be governed by the laws of the State of Florida, without regard to any conflict of principles of law. Venue shall be in Miami-Dade County.
10. Release of Promotional Materials
I hereby grant the Company the unrestricted right and permission to copyright and use of pictures, photographic portraits, audio and/or video recordings of my participation in the culinary tours in which I may be included in part or intact. This includes any negatives, transparencies, prints or digital information that is relevant to such portraits (henceforth known as the “Material”).
The Company has the right to reproduce distribute, broadcast, exhibit, edit, digitize or in any other way use the Material by any means and in any form of media, whether existing now or created later, without restriction worldwide, by incorporating the Material into its website, catalogues, books, brochures, magazines or any other publications, or any informational, commercial, promotional or advertising material (henceforth known collectively as the “Works”). I agree that the company is and shall be the exclusive owner of all title, right and interest in the Material and the Works, including copyright thereof. I additionally agree to grant the Company an irrevocable royalty-free worldwide license to use my name hometown and age in connection with the Works and the Material.
11. 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.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THE ENTIRE CONTENTS OF THIS DOCUMENT. I UNDERSTAND THAT I HAVE CEDED SUBSTANTIAL RIGHTS BY AGREEING TO THE PROVISIONS IT CONTAINS.
By continuing to take part in the culinary tours I indicate my voluntary agreement to the provisions of this waver and Release of Liability.
Participation in the culinary tours by a person under the age of 18 years is an indication that a parent or legal guardian of the person taking part has read and consented to this waiver in addition to the person taking part.