ASSUMPTION OF RISK, WAIVER OF LIABILITY & INDEMNIFICATION AGREEMENT
IF YOU ARE UNDER 21 YEARS OF AGE YOU ARE NOT PERMITTED TO PARTICIPATE IN THIS TOUR.
I, the undersigned participant, request voluntary participation for myself to participate in the Sip Happens Tour (the “Tour”) on the Tour Date of ______ (“date”) facilitated by Sip Happens. I understand that the Tour will visit breweries, restaurants, wineries, cideries and distilleries and I will be served alcohol from each. The Tour, at my option, may include the consumption of food, alcohol and transportation provided by third party vendors or others. I understand that Sip Happens does not directly vend, serve, or provide any food or alcohol. All food and alcohol are served by third party vendors, breweries, restaurants, wineries, cideries and distilleries.
Pre-Tour Conduct
Sip Happens requests that participants do not consume alcohol prior to the Tour. Any participant who shows signs of intoxication or being under the influence of a mind-altering substance at the start of the Tour may be denied participation. In such cases no refund will be provided. Drinking alcohol in the tour vehicle is strictly prohibited.
Tour Transportation:
Participants are required to remain with the tour group and utilize the transportation provided during the Tour. Participants are strictly not permitted to drive themselves or use their personal vehicle during the Tour, unless it is a designated walking Tour. Violation of this rule will result in removal from the Tour, and no refund will be provided.
Dress Code for Safety:
For the safety of our participants and as a requirement set by all of our affiliates all participants are required to wear closed toe shoes during the Tour. This rule is strictly enforced. Participants who are not in compliance may be denied entry to the Tour without any refund.
Assumption of Risk:
By signing below, I acknowledge and accept the risks and dangers of participating in the Tour. I represent that to the best of my knowledge I have no medical, physical and/or emotional health condition that would hinder or prevent my active participation. I understand that there may not be rescue or medical facilities or expertise which may be necessary to deal with potential injuries to which I may be exposed including but not limited to any food or alcohol allergies I may have. It is my sole risk that I will have any allergic reaction to any food, alcohol or other service provided and it is my sole responsibility to investigate any food or alcohol served to me during the Tour. I assume the risks associated with traveling to and from the location(s) to be visited during the Tour including transportation by commercial, private and/or public motor vehicles. In understand that I will be walking during the Tour and that I assume the risk of any danger presented in the street or sidewalk, including but not limited to traffic, icy conditions, and other pedestrian hazards.
I assume the risk of bodily injury (broken bones and soft tissue damage) including dental damage from falling down, injuries incurred while touring any of the affiliate facilities and getting on or off ( in or out of) the mode of transportation being used for the Tour. I assume the risk of intoxication and/or alcohol poisoning from the alcohol I consume, and the risks associated with returning to my residence after the Tour has ended. I confirm that I have read the foregoing and VOLUNTARILY ASSUME ALL RISKS OF ANY AND ALL SUCH DAMAGES occurring in connection with the Tour.
Indemnification:
I agree I am financially responsible for any losses resulting from my actions and I will indemnify Sip Happens, its affiliates, the officers, directors, employees and agents of each of them, for any loss or damage caused by myself including any and all legal fees incurred by Sip Happens by my actions or omissions during the Tour.
Waiver and Release:
I hereby agree for myself and all of my family and heirs to RELEASE SIP HAPPENS and any of its affiliates, employees, agents, guides, officers, directors or representatives from liability, claims, demands, or any causes of action related to the Tour.
In the event of any accident or injury or any kind and for any reason related to the Tour, for which I cannot by law waive my right to being any action, I agree to make any claim against only Sip Happens and not any individual owner, manager, or agent associated with Sip Happens. Furthermore, I agree to claim an amount no greater than the insurance coverage obtained by Sip Happens for the Tour and waive any claim I may have for damages other than actual damages.
For valuable consideration received, I grant Sip Happens the absolute and irrevocable right concerning any photographs or videos that Sip Happens has taken or may take of me or in which I may be included with others to use, reuse, publish and or republish the photographs or video in whole or in part, individually or in connection with other material, in any and all media now or hereafter known including the Internet and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade without restriction as to alteration; and to use my name in connection with any use if Sip Happens so chooses. I release and discharge Sip Happens from any and all claims and demands that may arise out of or in connection with the use of the photographs, including without limitation any and all claims for libel or violation or any right of publicity or privacy. This authorization and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of Sip Happens as well as the person(s) for whom he/she/they/them took the photographs.
I intend this RELEASE OF LIABILITY to be effective whether or not any loss, damage, injury, or death results from the negligence of Sip Happens or any of its employees, agents, leaders, instructors, guides, officers, directors, members, participants or representatives.
I UNDERSTAND THAT THIS IS A LEGAL DOCUMENT AND THAT BY SIGNING IT I AM GIVING UP MY RIGHT TO SUE OR OTHERSWISE MAKE CLAIMS AGAINST SIP HAPPENS AS DEFINED HEREIN AND LIMITING MY RECOVERY FOR ANY ALLOWABLE CLAIMS.
Without this waiver and Assumption of Risk, Sip Happens will not allow me to participate in this Tour. If I have received this waiver and I am participating, it shall be taken as my acceptance of all of the terms of this agreement unless otherwise prohibited by law.
Governing Law:
The Agreement and any disputes arising out of or relating to this Agreement or the Tour shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of laws principles.
I agree with the terms and conditions.
