RELEASE AND WAIVER OF LIABILITY, THREE FOODIES LLC, D/B/A CHIPPEWA VALLEY TOURS
The undersigned “Participant”, by purchasing a ticket and in consideration of being permitted to participate in the Three Foodies, LLC dba Chippewa Valley Tours (hereinafter “Company”) food tasting, cultural walking tour, and related activities in Eau Claire, Wisconsin on the specific date of tour selected by the Participant (the “Tour”), and for other valuable consideration, including the bargained for enjoyment and excitement of the proposed Tour, understands the food sampling and walking nature of the Tour, and warrants that he/she suffers from no minor or serious physical or mental injury, illness or disability that would prevent Participant from participating or make Participant especially susceptible to injury or disability while on the Tour. Participant’s participation in the Tour is purely voluntary, and Participant has disclosed all known allergies to the Company prior to the Tour date. Participant chooses to participate with full knowledge and understanding of the potential risks associated with the Tour.
Participant acknowledges, understands and hereby assumes all risk associated with his/her participation in the Tour, including without limitation food sickness, food poisoning, food allergies, Participant health issues, theft or damage to Participant’s personal property, physical injury during the Tour, unfavorable weather conditions, transportation delays, and traffic dangers (collectively, the “Risks”). Participant acknowledges that the Tour visits public locations and/or locations that are not owned or controlled in any way by the Company and therefore the Company does NOT guarantee or insure the performance or actions of those third parties or any Risks. Participant further agrees at all times during the Tour to abide by and comply with instructions given by the Company, its owners, employees, agents and tour guides. Participant’s non-compliance with such instructions may result in injury, death or other losses, and Participant may be removed from the Tour.
Participant hereby forever RELEASES and agrees to HOLD HARMLESS the Company, along with its owners, employees, agents, tour guides and host locations, from all claims, including without limitation food sickness, food poisoning, food allergies, personal injury, death, permanent disability, property damage or theft, or other loss, related to his/her participation in the Tour resulting from the Company’s, its owners, employees, agents, and/or host location’s negligence. PARTICIPANT DOES NOT RELEASE OR WAIVE ANY LIABILITY OF THE COMPANY FOR INTENTIONAL OR RECKLESS ACTS ON THE PART OF THE COMPANY.
If alcohol is served during the Tour, Participant accepts full responsibility for complying with all applicable laws regarding the consumption of alcohol. By consuming alcohol during the Tour, Participant represents that he/she is at least 21 year of age. The Company may, in its sole discretion, require proof of Participant’s age. Participant may be removed from the Tour by the Company for refusing to provide proof of his/her age.
This Release and Waiver of Liability constitutes the entire agreement between Participant and the Company, and no modification of it shall be made or be enforceable except by written agreement signed by both parties. This Release and Waiver of Liability shall be construed in accordance with Wisconsin law, without regard to any conflicts of law provisions, with exclusive jurisdiction in the State of Wisconsin, venued in Eau Claire County, Wisconsin.
Participant has read, understands, and hereby consents to this Release and Waiver. Participant further warrants that he/she is at least 18 years of age, or if under 18 years old, the person consenting on behalf of the Participant is Participant’s parent or legal guardian.