By virtue of purchasing tickets for and/or participating in the food tasting and cultural walking tours offered by OFF THE BEATEN PATH, LLC (the “Company”), and in consideration of being allowed to purchase said tickets, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, said purchaser/tour participant (the “Participant”) understands, acknowledges represents, warrants and agrees as follows, with the knowledge that the Company will rely on same:
- Participant desires to participate in the food tasting and cultural walking tours offered by the Company (the “Tours”).
- Participant is in good health and suffers from no minor or serious physical or mental injury, illness or disability that would make Participant especially susceptible to injury or disability while performing any activity contemplated by this Waiver and Release of Claims.
- Participant fully comprehends and accepts all of the risks associated with his/her participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death.
- Participant understands that drinking beer or alcohol is not a requirement of the event. If the Participant does consume alcohol before, during or after the event, the Participant does so of their own choice and volition and agree to drink responsibly. The Participant understands that the organizers of the event do not encourage or condone excessive drinking or intoxication that would violate local or state laws. The Participant is responsible for knowing and complying with applicable local and state laws, including but not limited to those relating to alcohol consumption in public and driving while under the influence.
- Participant grants to Company and Company’s assigns the irrevocable, sub-licensable right and authority to use Participant’s name, likeness, photograph and/or picture for any and all commercial or non-commercial purposes now known or later developed in perpetuity throughout the universe without further obligation or compensation to Participant.
- Participant’s participation in the tours 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, owners, officers, members, managers, partners, contractors, insurers, shareholders and directors of the foregoing (including, without limitation, off the beaten path, llc or fare harbor) (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 or to anyone else, this includes all risks associated with food illness, allergic reactions, or choking, this also includes 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 tours.
- Participant acknowledges that novel coronavirus (”COVID-19″) infections have been confirmed throughout the United States, including in Massachusetts. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), and the Massachusetts Department of Health for slowing the transmission of COVID-19, the participant hereby agrees, represents, and warrants that the participant shall not utilize the services, nor participate in the Tours offered by the Company if the participant has (i) returned from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) been exposed to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) been exposed to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and the participant agrees that they are aware of this list and the countries listed. The participant agrees to check the CDC Travel Health Notices list (https://www.cdc.gov/coronavirus/2019-ncov/travelers/map-and-travel-notices.html) prior to utilizing the services and programs of the Company.
- The participant hereby agrees they shall not utilize the services, nor participate in the Tours offered by the Company if the participant has the following: (i) experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, as listed by the CDC (presently found here: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html) or (ii) has a suspected or diagnosed/confirmed case of COVID-19. The Company will only permit a participant to participate in any Tours after at least 15 days have passed from the last day of any COVID-19 symptoms present in either the participant or any person living with the participant in the home. The participant agrees to notify the Company immediately if he or she believes that any of the foregoing access/use restrictions may apply.
- The Company has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. The participant acknowledges and agrees that the Company may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agrees to comply with the Company’s revised procedures prior to utilizing the facilities, services, and programs of the Company. The participant fully understands and appreciates both the known and potential dangers of partaking in the Tours and utilizing the facilities, services, and programs of the Company and acknowledges that use thereof by the participant, despite the Company’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
- This Waiver and Release of Claims 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 and Release of Claims.
- None of the provisions of this Waiver and Release of Claims 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.