Waiver and Release of Claims
By virtue of purchasing tickets for and/or participating in the food tasting and cultural walking tours offered by Virgin Islands Food Tours LLC (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:
- Participant desires to participate in the food tasting and cultural walking tours offered by the Company (the “Tours”).
- 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 Claims.
- Participant fully understands and assumes all of the risks associated with his/her participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death.
- Participant grants to Company and Company 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.
- Participant’s participation in the tours is at participant’s own sole risk. Participant, on behalf of his/herself and/or any person or entity acting through or on behalf of participant, hereby forever and unconditionally releases the company, and any affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders and directors of the foregoing (including, without limitation, Anquanette Gaspard, FareHarbor) (collectively, “released parties”), from any and all claims, actions, damages, liabilities, losses, costs and expenses in any way arising out of, or resulting from, participant’s participation in the tours, including, without limitation, any and all claims, actions, and liabilities for death, injury, loss or damage to participant, to anyone else, or to any property, regardless of whether or not such injury, loss or damage was caused by the negligence or willful conduct of the company or any of the released parties. Participant, on behalf of his/herself and/or any person or entity acting through or on behalf of participant, further agrees to defend and indemnify the released parties, and to hold the released parties harmless, from any and all liabilities, claims, actions, damages, expenses (including, without limitation, attorney’s fees) and losses of any kind or nature whatsoever in any way arising out of, or resulting from, participant’s participation in the tours.
- Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19. The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Virgin Islands Food Tours, LLC (“VIFT”) has put in place preventative measures to reduce the spread of COVID-19; however, VIFT cannot guarantee that you and/or any minor you are responsible for will not become infected with COVID-19. Further, attending VIFT activities could increase your risk of contracting COVID-19. By reading this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I and any minor I am responsible for may be exposed to or infected by COVID-19 by attending VIFT activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at VIFT may result from the actions, omissions, or negligence of myself and others, including, but not limited to, VIFT employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at VIFT activities or participation in VIFT programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless VIFT, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of VIFT, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any VIFT program, tour or activity.
- This Waiver and Release of Claims constitutes the entire agreement and understanding between Participant and the Released Parties, and cancels, terminates and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Waiver and Release of Claims.
- None of the provisions of this Waiver and Release of Claims can be waived or modified except expressly in writing signed by Participant and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Released Parties to enforce any of their rights hereunder at any time shall not act as a waiver to enforce their rights under this Waiver and Release for same or similar acts at any subsequent time.