Waiver and Release of Liability

In consideration of the risk of injury and other risks of participating in a tour or other activity provided by Ithaca Food Tours, LLC d/b/a Ithaca is Foodies Culinary Tours (“IFT”), including those associated with traveling to and from any such event or activity (the “Activity”), and as consideration for the right to participate in the Activity, I (the “Participant”) hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this Waiver and Release of Liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge IFT, their affiliates, managers, members, agents, attorney’s, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, and for any property damage, that I may suffer as a direct result of my participation in the aforementioned Activity.

 

I grant to IFT and IFT’s successors and assigns an irrevocable, sub-licensable right and authority to use my 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 me.

 

I acknowledge that I will be consuming food and drink from various establishments and restaurants while taking part in the Activity, and I understand that IFT makes no guarantees, representations or warranties, whether express or implied, regarding any food or drink I may consume.  Any ill effect from any food or drink, including but not limited to food poisoning, intoxication, sickness, or allergic reaction shall not be the fault or responsibility of IFT.  I expressly and voluntarily assume any risk related to the consumption of food or drink during the Activity.

 

I acknowledge that this Activity may carry with it the potential for death, serious injury, and property loss. The Activity will include, but is not limited to, walking on paths, steps, driveways and sidewalks, as well as crossing streets and parking lots. The risks may include, but are not limited to, those caused by terrain (such as slipping or falling), facilities, temperature, inclement weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, other customers, participants, volunteers, vendors, restauranteurs and their employees, and/or producers of the Activity. I represent that I am in good health and suffer from no physical or mental injury, illness or disability that would make me especially susceptible to injury or disability while participating in the Activity. In the event that I should require medical care or treatment during or after the Activity, I agree to be financially responsible for any costs incurred as a result thereof.

 

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, CONDITION OF THE FOOD OR DRINK CONSUMED, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

 

During any Activity, I agree to act responsibly and to use reasonable care. I agree to indemnify and hold harmless IFT from and against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise, including attorney’s fees and any related costs, which arise in any part by my actions or omissions.

 

In the event that any provision contained within this Waiver and Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. This Waiver and Release of Liability shall be governed by and construed in accordance with the laws and decisions of New York. The courts sitting in Tompkins County, New York shall retain the exclusive jurisdiction over any disputes arising under or related to this Waiver and Release of Liability.

 

I acknowledge that I have read this “Waiver and Release of Liability” and fully understand that it is a release of liability. I expressly agree to release and discharge IFT and all of its affiliates, managers, members, agents, attorney’s, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against IFT for personal injury or property damage.