WAIVER AND RELEASE OF CLAIMS
In consideration of being permitted to purchase a ticket or tickets for the food tasting and cultural walking tours offered by Queens Food Tours (the “Company”), and the Company’s permitting me and those in my party to participate in such food tasting and cultural walking tours, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I, on behalf of myself and those in my party (who are individually and collectively referred to herein as the “Participant”), understand, acknowledge, represent, warrant and agree as follows, with the knowledge that the Company will rely on same:
1. Participant desires to participate in the food tasting and cultural walking tours offered by the Company (the “Tours”).
2. 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.
3. 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, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death.
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, on behalf of Participant and Participant’s successors in interest, hereby forever and unconditionally releases the Company, and any affiliated entities, parent companies, subsidiaries, present and former employees, its owners, officers, agents, members, managers, partners, contractors, shareholders, directors and insurers (collectively, “released parties”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) 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 of 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’s release includes, but is not limited to, harm that may be attributable to, or in any way arise from, Participant’s own conduct, behavior or history of pre-existing conditions or dispositions. Participant also agrees that Participant is financially responsible for any and all medical treatment required as a result of any such harm. Participant, on behalf of Participant and Participant’s successors in interest, further agrees to defend and indemnify the Company and the released parties harmless, from any and all liabilities, claims, actions, damages, expenses (including, without limitation, attorney’s fees) and losses of any kind of nature whatsoever in any way arising out of, or resulting from, Participant’s participation in the Tours.
6. Participant agrees to pay any and all costs, fees, expenses and charges arising from any act or conduct of Participant that results in damage or injury to any person. Participant further agrees to indemnify and hold Company harmless from and against any such act or conduct.
7. 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.
8. 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.
9. All judicial proceedings against any party hereto arising out of or relating to this agreement will be brought in a state court of competent jurisdiction in the County of Queens, State of New York. By execution and delivery of this agreement each party accepts for itself, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts, waives any defense of forum non conveniens and irrevocably agrees to be bound by any judgment.