Waiver and Release of Claims
WAIVER, RELEASE OF LIABILITY, PAYMENT AUTHORIZATION, AND TERMS OF PARTICIPATION
PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.
By purchasing, booking, attending, or participating in any food tour, wine tasting, cooking class, cultural tour, boat excursion, archaeological tour, transportation service, or other activity offered by Bacchus Vino LLC, Wine & Tours, Sorrento Food Tours, and their owners, employees, contractors, guides, affiliates, vendors, transportation providers, restaurants, wineries, boat operators, and partners (collectively, the “Company”), you agree to the following:
Assumption of Risk
Participation involves inherent risks, including but not limited to walking on uneven surfaces, slips and falls, traffic, transportation incidents, boat travel, weather conditions, food allergies, alcohol consumption, illness, property loss, criminal acts of third parties, personal injury, disability, and death. You voluntarily assume all risks associated with participation.
Release of Liability
To the fullest extent permitted by law, you release and hold harmless the Company and all related parties from any claims, demands, damages, injuries, losses, costs, or liabilities arising out of or related to your participation in any Tour, activity, or service.
Nothing in this Agreement releases liability that cannot legally be waived under applicable law.
Health, Food, and Alcohol
You are responsible for determining whether you are physically able to participate. You must disclose any serious allergies or medical conditions before the Tour. The Company cannot guarantee allergen-free food preparation or accommodation of all dietary restrictions.
If alcohol is served, you agree to consume responsibly and accept full responsibility for your actions and decisions.
Third-Party Providers
Many services are provided by independent third parties, including restaurants, wineries, transportation providers, boat operators, venues, and guides. The Company is not responsible for the acts, omissions, services, or negligence of independent third parties.
Medical Authorization
If you become ill or injured, the Company may obtain emergency medical assistance on your behalf. You are solely responsible for all medical and related expenses.
Payment Authorization
You authorize the Company to charge any payment method provided for all amounts owed, including unpaid tour balances, reservation fees, damages, no-show fees, cancellation fees, administrative fees, collection costs, and other charges related to your booking.
If you reserve a Tour and fail to pay, leave without paying, provide an invalid payment method, or otherwise owe money to the Company, you expressly authorize the Company to charge the payment method used for booking for all amounts due.
Participant authorizes the Company to charge any credit card, debit card, payment account, or other payment method provided by Participant for all amounts due in connection with any booking, reservation, Tour, upgrade, add-on service, damage claim, unpaid balance, no-show fee, cancellation fee, administrative fee, chargeback fee, collection cost, or other amount owed to the Company under this Agreement. If Participant reserves a Tour and fails to make payment when due, fails to appear for payment collec
Chargebacks
Before initiating a chargeback or payment dispute, you agree to contact the Company and allow a reasonable opportunity to resolve the matter.
You acknowledge that reservations, staffing, transportation arrangements, restaurant bookings, and other services are provided in reliance upon your booking. Improper chargebacks may result in collection efforts and recovery of applicable fees and costs to the extent permitted by law.
Photo and Video Release
You grant the Company permission to use photographs, videos, recordings, and images taken during participation for marketing, promotional, and business purposes without compensation.
Participant Conduct
The Company may remove any participant without refund for unsafe, disruptive, illegal, abusive, or intoxicated behavior.
Governing Terms
Any unenforceable provision shall be severed without affecting the remainder of this Agreement. Electronic acceptance and online signatures are legally binding. By completing your booking or participating in a Tour, you acknowledge that you have read, understood, and agree to be bound by these terms.
BY BOOKING OR PARTICIPATING IN ANY TOUR, YOU VOLUNTARILY ACCEPT ALL RISKS AND AGREE TO THIS WAIVER, RELEASE OF LIABILITY, AND PAYMENT AUTHORIZATION.
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I understand and confirm that my participation in the Tours is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the “Tours”.
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I fully comprehend and 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 venues under conditions largely beyond Company’s control.
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I assume all risks, known and unknown, 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”.
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I hereby forever and unconditionally release Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s 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 in the Tours be greater than $500.
Recovery of such amount 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.
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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.
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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.
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I authorize Company to provide to me, 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.
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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.
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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, 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, catalogs, brochures, books, magazines, or commercial, informational, educational, advertising, 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. I further grant to Company an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works. I will not video or record dialogue from the tour for personal or business use, or distribute, share or post any printed materials or brochures by any method in any media or social media.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE TOURS, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY. PARTICIPATION IN THE TOURS 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.