PARTICIPANT WAIVER AND RELEASE OF LIABILITY
By purchasing tickets and participating in food tasting and cultural walking tours offered by Edinburgh Food Safari, I ( and if I am not yet 18 years old, my parent or legal guardian ) 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”):
( ‘company’ ) hereon refers to Edinburgh Food Safari.
I understand and confirm the following
- Voluntary Participant. My participation in the Tours is voluntary. I suffer from no physical or mental condition. I am in good health. Therefore not especially susceptible to injury or disability while participating in the Tours.
- Comprehension of Risk. I accept all of the risks associated with my participation in the Tours including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians.
- I understand that the Tours take place in public space under conditions beyond the Company’s control.
- Assumption of Risk. I assume all risks, foreseeable and unforeseeable, in any way connected with my participation in the Tours. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tours.
- Release of Liability; Limitation of Damages. I hereby forever and unconditionally release Company and its affiliated entities, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, legal fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Tours, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Company’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation be the responsibility of the tours.
Recovery shall be my sole and exclusive remedy. All liability arising out of my participation in the Tours is cumulative and not per incident. In no event shall Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof. - Indemnification. I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Tours.
- Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.
- Consent to Medical Treatment. I authorize Company to provide to me, medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services.
- Severability. 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.
- Promotional Release. I hereby grant 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 Tours, in which I 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, by incorporating the Material into its website and offline publications, and or promotional materials relating thereto (collectively, the “Works’). I agree that Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works.
- Payment for my tours is via a secure third party and as such is subject to there own terms and conditions. https://www.eztix.com/terms-conditions/
PARTICIPANT WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS CONTENT. BY CONTINUING TO PARTICIPATE IN THE TOURS, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY. PARTICIPATION 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