WAIVER AND RELEASE OF CLAIMS
In consideration of my being allowed to purchase tickets to participate in the food tours and culinary events (the “Activities”) offered by the Blue Fern Hostel, LLC d/b/a Carpe DC Food Tours (together, with any existing or future affiliates or subsidiaries, the “Company”), or actually purchasing said tickets, or benefiting from the purchase of said tickets by another person or entity, or otherwise being allowed to participate in the Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I, and if I am not 18 years of age, my parent or legal guardian (individually and collectively referred to below as the “Participant”) agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”) with the knowledge that the Company will rely on same to accept, as applicable, such Participant as a purchaser of tickets, and/or as a Participant in the Activities:
1. Participant desires to participate in the Activities.
2. Participant fully understands, assumes, and accepts all of the risks associated with his/her participation in the Activities including, without limitation, exposure to adverse, uncomfortable, or inconvenient weather conditions, food sickness, injuries, including, without limitation, injuries arising out of or otherwise relating to self-inflicted accidents or mishaps, other participants, automobiles, pedestrians, bystanders, the staff or customers of restaurants visited and the like, and potentially death.
3. Participant is in good health and suffers from no physical or mental injury, illness or disability that would make Participant susceptible to, or especially susceptible to, injury or disability or death while performing any of the Activities.
4. PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES 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, TOUR GUIDES, CONSULTANTS, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, SHAREHOLDERS AND DIRECTORS OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION, MARY COLLINS, BLUE FERN HOSTEL, LLC, CARPE DC FOOD TOURS, BLUEFERN.COM, CARPEDCFOODTOURS.COM) (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 ACTIVITIES.
5. This Waiver 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.
6. None of the provisions of this Waiver 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.
7. This Waiver shall be binding upon Participant’s next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.
8. Participant authorizes Company to provide to Participant, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services.
9. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
10. Waiver shall be governed in all respects by the laws of the District of Columbia without regard to conflict of law principles. Venue shall be in the District of Columbia.
11. Participant hereby grants to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Activities, in which Participant may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works”). Participant agrees that Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. Participant further grants to Company an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
THIS IS A WAIVER AND RELEASE OF LIABILITY. PARTICIPANT HAS READ THIS ENTIRE DOCUMENT. PARTICIPANT UNDERSTANDS THAT PARTICIPANT HAS GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE ACTIVITIES, PARTICIPANT IS INDICATING VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER. PARTICIPATION IN THE EVENTS BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.