Let's Go Wine Walk - WAIVER
Waiver and Release, Consent to Medical Attention and Grants to Rights
By virtue of purchasing tickets for and/or participating any of the wine walking offered by Let's Go Wine Walk and in consideration for my being allowed to participate in Let's Go Wine Walk, the receipt and sufficiency of which is hereby acknowledged, I 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 with the knowledge that Let's Go Wine Walk will rely on same.
Voluntary Participation: I understand and confirm that my participation in Let's Go Wine Walkis 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 Let's Go Wine Walk .
Comprehension of Risk: I fully comprehend and accept all of the risks associated with my participation in Let's Go Wine Walk 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 Let's Go Wine Walk take place in public venues under conditions largely beyond Let's Go Wine Walk’s control.
Assumption of Risk: I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in Let's Go Wine Walk. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in Let's Go Wine Walk.
Release of Liability; Limitation of Damages: I hereby forever and unconditionally release Let's Go Wine Walk 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 Let's Go Wine Walk, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Let's Go Wine Walk has no 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. In no event shall Let's Go Wine Walk be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Let's Go Wine Walk 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 Let's Go Wine Walk.
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 Let's Go Wine Walk, its successors and assigns.
Consent to Medical Treatment: I authorize Let's Go Wine Walk 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 Let's Go Wine Walk 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.
Governing Law and Venue: This waiver shall be governed in all respects by the laws of the State of California without regard to conflict of law principles. Venue shall be in Sonoma County, California.
Promotional Release: I hereby grant to Let's Go Wine Walk the unrestricted 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, catalogues, brochures, books, magazines, social media or commercial, informational, educational, advertising, or promotional materials relating thereto. I agree that Let's Go Wine Walk is and shall be the exclusive owner of all right, title, and interest, including copyright, in the material.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN Let's Go Wine Walk, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY.