Waiver and Release of Liability
In consideration of the risk of injury while participating in The Finger Lakes Food Tours, LLC (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and herby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge The Finger Lakes Food Tours, their affiliates, managers, members, agents, attorney’s, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCUDE, BUT NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL , OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO AND FROM AND DURING THIS ACTIVITY. I HEREBY GRANT PERMISSION TO FINGER LAKES FOOD TOURS TO CAPTURE AND USE MY IMAGE IN PHOTOGRAPHS /VIDEOR/RECORDINGS AND/OR ANY OTHER MEDIA RELATED TO THE MISSION OF FINGER LAKES FOOD TOURS. I FURTHER WAIVE ANY RIGHT TO INSPECT OR APPROVE THE USE OF THE IMAGE BY FINGER LAKES FOOD TOURS PRIOR TO ITS USE. I FOREVER RELEASE AND HOLD FINGER LAKES FOOD TOURS HARMLESS FROM ANY AND ALL LIABILITY ARISING OUT OF THE USE OF THE IMAGES IN ANY MANNER OR MEDIA WHATSOEVER, AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION RELATING TO USE OF THE IMAGES, INCLUDING WITHOUT LIMITATION, CLAIMS FOR INVASION OF PRIVACY RIGHTS OR PUBLICITY.
I agree to indemnify and hold harmless The Finger Lakes Food Tours against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If The Finger Lakes Food Tours incurs any of these types of expenses, I agree to reimburse The Finger Lakes Food Tours.
I acknowledge that The Finger Lakes Food Tours and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act if any part or entity conducting a specific event or activity on behalf of The Finger Lakes Food Tours.
I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
I acknowledge that I have read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge The Finger Lakes Food Tours and all of its affiliates, managers, members, agents, attorney’s, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against The Finger Lakes Food Tours for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of The Finger Lakes Food Tours, its agents, and employees.
In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment, I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, and The Finger Lakes Food Tours agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.