Waiver & Release of Liability
By purchasing a ticket(s) or reservation(s), you affirm that you have fully understood and agree to the following Waiver of Liability:
Waiver of Liability: I, for myself, and my personal assignees, representatives, or heirs, do hereby release, waive and discharge Tour Plaza Midwood (hereafter referred to as the “Company”), their officers, agents, representatives, employees, contractors, affiliates, or tour guides (hereafter called “Staff”) from liability from any and all claims, including claims stemming from or related to personal injury, illnesses, accidents, death, property loss, or any other loss or grievance, arising from participation on any tour, activity or event offered, conducted or promoted by the company (hereinafter referred to as “Activity”), or while in the presence of company Staff, even if due to negligence of the Company or Staff.
Assumption of Risks: I knowingly, willingly, and voluntarily assume any and all risks associated with an Activity I participate in or attend. The specific risks include, but are not limited to, the following: A) all risks associated with traveling or transport to, before, during, and/or returning back from, the site of an Activity, including but not limited to walking and/or use of vehicle, bicycle, roller skates or public transit B) All risks associated with the nature of and participation in an Activity, including but not limited to travel or transport, consumption of food or beverage, consumption of alcoholic beverage(s) or spirit(s), physical activity and/or athletics, or any other activity conducted in the course of an Activity C) all risks associated with walking, standing, sitting, or traveling on property owned, leased, managed, occupied or under the authority of the Company, the public, city or municipal government or agency, or 3rd party, including but not limited to a sidewalk, street, thoroughfare, park, store, shop, restaurant, nightlife establishment, private residence or property, or public transit vehicle or property.
Disclaimer of Fitness: I declare that I am fully physically, mentally and emotionally fit for and capable of participation in an Activity. My state of fitness includes but is not limited to the following: A) My physical health, well-being and fitness, including but not limited to possessing ability to walk, run, pedal or skate appropriately for the nature of the Activity B) My mental and emotional well-being appropriate for participation in an activity C) My ability to ingest, consume and/or digest food or beverage served, vended, sold or offered in the course of an Activity C) My ability to ingest, consume and/or digest alcoholic beverage(s) or spirit(s) served, vended, sold or offered in the course of an Activity D)My sobriety and lack of being under influence of alcohol, drugs, medications, controlled or drowsiness-inducing substances or narcotics, or being under influence of any other substance which may effect my physical, emotional or mental ability to participate in an activity E) My lack of any condition, disposition, illness, disease, ailment or pregnancy for which participation in an Activity may cause negative or adverse effect(s) to my health or well-being.
Indemnification and Hold Harmless: I agree to indemnify and hold harmless the Company and/or Staff from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement on an Activity, and to reimburse the Company and/or staff for any such expenses incurred in the course of and in defense of such action(s).
Photo and Video Release: I am aware that images or recordings may be taken during the course of an Activity, and hereby grant the Company permission to the rights of my image, recording, likeness and/or sound of my voice as recorded on an Activity, without payment or any other consideration.
Severability: I expressly agree that the foregoing conditions, terms, and clauses are intended to be as broad and inclusive as permitted by law in the State of North Carolina and that if any portion, section, or clause thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
Acknowledgement of Understanding: I have read this Waiver of Liability, fully understand its terms, and understand that I am giving up substantial rights, including my right to pursue legal action. I acknowledge that I am making this agreement freely and voluntarily, and intend by my purchasing, booking or reserving a ticket(s) or reservation(s) to completely and unconditionally release Tour Plaza Midwood and Staff of all liability to the greatest extent allowed by law.