Waiver & Release of Liability
By virtue of purchasing tickets for and/or participating in the food tours offered by Allora Tours LL dba Sioux Falls Food Tours (the “Company”), 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:
1. Participant desires to participate in the food tours offered by the Company (the “Tours”).
2. Participant fully comprehends and accepts all of the risks associated with his/her participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food sickness, and injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death.
3. Participant is in good health and suffers from no minor or serious physical or mental injury, illness or disability that would make Participant especially susceptible to injury or disability while performing any activity contemplated by this Waiver and Release of Liability.
4. 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 and all commercial or non-commercial purposes now known or later developed in perpetuity throughout the universe without further obligation or compensation to Participant.
5.PARTICIPANT KNOWINGLY AND FREELY ASSUMES ALL RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THOSE PERSONS RELEASED FROM LIABILITY, AND ASSUMES FULL RESPONSIBILITY FOR PARTICIPATION.
6. Participant, for his or her self and on behalf of his or her heirs, HEREBY RELEASES AND HOLDS HARMLESS ALLORA TOURS, LLC DBA SIOUX FALLS FOOD TOURS, THE OWNERS AND LESSESS OF PREMISES USED TO CONDUCT FOOD TOURS, THEIR OFFICERS, AGENTS AND EMPLOYEES WITH RESPECT TO ANY AND ALL CLAIMS FOR INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.PARTICIPANT HAS READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK, FULLY UNDERSTANDS ITS TERMS AND AGREES TO THEM BY WAY OF PURCHASING A TICKET/TICKETS. PARTICIPANT UNDERSTANDS THAT, AS A PARTICIPANT, HE OR SHE HAS GIVEN UP SUBSTANTIAL RIGHTS AND DOES SO FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.