WAIVER & RELEASE OF CLAIMS
By virtue of purchasing tickets for and/or participating in the food tours, culinary events, any activity, and class offered by the Little Italy Association (the "Company") and any of its sister companies or subsidiaries or affiliated companies, 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 tours, culinary events, classes, and activities offered by the Company (the "Activities").
- Participant fully comprehends and accepts all the risks associated with his/her/their participation in the Activities including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without limitation, those arising out of accidents or mishaps, other participants, automobiles, pedestrians, or otherwise) and death.
- Participant is in reasonable health and suffers from no physical or mental injury or acute illness that would make Participant especially susceptible to injury while performing any activity contemplated by this Waiver and Release of Claims. In the event that Participant requires a reasonable accommodation to participate in the Activity due to a disability, the Company will make every effort to provide such reasonable accommodation to ensure Participant has access to the Activity.
- 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 commercial or non-commercial purposes now known or later developed without further obligation or compensation to Participant.
- Participant understands and acknowledges that participation in the Activities is entirely voluntary and at Participant's own sole risk. Participant, on behalf of his/herself/themselves 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, (collectively, "Released Parties"), including, without limitation, 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, events, classes, or Activities including, without limitation, any and all claims, actions, and liabilities for death, injury, loss or damage to Participant, to anyone else, or to any property, regardless of whether or not such injury, loss or damage was caused by the act or omission, 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. By attending and/or participating in any Activity, Participant agrees to have given a full release of liability to the Released Parties to the fullest extent permitted by law.
- 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.
By purchasing a ticket for an event or Activity, Participant grants the Company, as well as its directors, officers, employees, agents, and designees’ revocable permission to capture Participant’s image and likeness in photographs, videotapes, motion pictures, recordings, or any other media (collectively “Images”). Participant further grants the Company permission to copyright, display, publish, distribute, use, modify, print, and reprint such Images in any manner whatsoever related to Company business, including without limitation, publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. Participant waives any right to inspect or approve the use of the Images by the Company prior to their use. Participant agrees to release and hold the Company harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever and waives 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.
COVID-19 SAFETY INFORMATION
Participant acknowledges and understands that participation in Activities includes a risk of exposure to illness from infections diseases including but not limited to COVID-19. Although various safety measures and personal discipline may reduce this risk, the risk of exposure to serious illness and death does exist for Participants in Activities. By choosing to participate in an Activity, Participant knowingly and freely assumes all risks associated related to illness and infections diseases including but not limited to COVID-19. While participating in tours or events or classes held or sponsored by, the Company “social distancing” should be practiced to the greatest extent possible, and face coverings are strongly encouraged to be worn at all times to reduce the risks of exposure to COVID-19. Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, the Company and its suppliers and vendors have put in place preventative measures to reduce the spread of COVID-19. However, the Company cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with COVID-19. The Company will make every effort to follow all federal, state, county, and local rules, regulations, health and safety guidelines and recommendations to reduce the spread of COVID-19, reserves the right to change its various safety measures and practices as such rules, regulations, guidelines and recommendations change, and Participant agrees to comply with such measures implemented by the Company as a condition of participation in any Activities.
In light of the ongoing spread of COVID-19, individuals who fall within any of the categories below should not engage in any Activities and/or other face to face activities offered by the Company. By attending a Company event, you certify that you do not fall into any of the following categories:
- Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others;
- Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment.
Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact the Company if he/she experiences symptoms of COVID-19 within 14 days after participating in a Company tour, class, event, or Activity of any kind.
MEDICAL ACKNOWLEDGMENT AND RELEASE
Participate understands and acknowledges the health risks associated with the Activity, including but not limited to transient dizziness, lightheadedness, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. Participant agrees that if Participant experiences any of these or any other symptoms during the Activity, Participant will discontinue participation immediately and seek appropriate medical attention. Participant does hereby release and forever discharge the Released Parties from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered in connection with my participation in the activity.