In consideration for being permitted to participate in a walking tour or related activity or event (the “Activity”) offered, conducted, or promoted by BQE Tours, LLC, a New York limited liability company (the “Company”), I, for myself, or being the parent or legal guardian of one or more participants in the Activity (“Minor”), for personal representatives, assigns, heirs, and next of kin, understand and agree to all of the terms and conditions set forth in this agreement (the “Agreement”):
Waiver of Liability: I hereby release, waive, and discharge the Company, its officers, agents, employees, contractors, vendors, affiliates, and tour guides (the “Staff”) from liability from any and all claims, including claims stemming from or related to personal injury, illness, accidents, death, property loss, or any other loss or grievance arising from the participation of me or the Minor in the Activity or while in the presence of Staff, even if due to, without limitation, negligence on the part of the Company, Staff, or other Activity participants. I covenant not to make or bring any such claim against the Company or Staff, and forever release and discharge the Company and Staff from liability under such claims. For the avoidance of doubt, I agree that the Company will not be liable for the negligence or misconduct of third-party vendors or venues associated with the Activity, including but not limited to private car services used in connection with private tours.
Assumption of Risks: I KNOWINGLY, WILLINGLY, AND VOLUNTARILY ASSUME ANY AND ALL RISKS ASSOCIATED WITH THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS. The risks assumed include, but are not limited to, the following: A) all risks associated with traveling, including, but not limited to, walking and/or use of a vehicle, bicycle, or public transit, to or from the site of the Activity; B) all risks associated with participation in an Activity, including travel during an Activity, consumption of food or beverage, or physical activity and/or athletics; and 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 third 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.
Indemnification: 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 the involvement of me or Minor in 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).
Disclaimer of Fitness: I declare that I/Minor am/is fully physically, mentally, and emotionally fit for and capable of participation in the Activity. My/Minor’s state of fitness includes, but is not limited to, the following: A) physical health, well-being, and fitness, including, but not limited to, possessing the ability to walk, run, or pedal appropriately for the nature of the Activity; B) mental and emotional well-being appropriate for participation in the Activity; C) the ability to ingest, consume, and/or digest food or beverages served, sold, or offered during the course of the Activity; D) sobriety and lack of being under the influence of alcohol, drugs, medications, controlled or drowsiness-inducing substances or narcotics, or being under the influence of any other substance which may affect my/Minor’s physical, emotional, or mental ability to participate in the Activity; and E) lack of any condition, disposition, illness, disease, ailment, or pregnancy for which participation in the Activity may cause negative or adverse effects to my/Minor’s health or well-being.
Minors: I understand and agree that the safety and well-being of minors under the age of 18 accompanying myself or my party are my sole responsibility. I recognize and assume the full risk of all injuries, damages, or loss, regardless of severity, that Minor may sustain as a result of participation in the Activity. I agree to waive and relinquish all claims against the Company and Staff from injuries, damages, or loss that Minor has as a result of participation in the Activity.
Medical Assistance: In the event of any medical emergency, I authorize the Staff to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for the immediate care of me or Minor and agree that I will be responsible for payment of any and all medical services rendered.
Consumption of Food and Alcohol: I agree to disclose any and all food allergies, dietary restrictions, and medical health concerns of myself or anyone in my party to the Company via e-mail or in person prior to the commencement of any Activity. I will not consume food to which I am allergic.
I understand that alcoholic beverages may be offered during an Activity. I agree not to consume alcohol before, during, or after the Activity if I am not at least 21 years of age with valid government-issued identification. If I am at least 21 years of age with valid government-issued identification and I choose to consume alcohol before, during, or after the Activity, I accept full and sole responsibility for my behavior, well-being, and health, and will not become intoxicated.
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 or Minor’s image, recording, likeness, and/or sound of my voice as recorded during an Activity, without payment or any other consideration.
This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of the Company, me, and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
FOR PARENTS/GUARDIANS OF PARTICIPANTS UNDER AGE 18
This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her Agreement as provided above, and for myself and my personal representatives, assigns, heirs, and next of kin, and any other person or entity claiming by, through, or under any of the foregoing, hereby agree to unconditionally and irrevocably release, waive, discharge and relinquish, and hold harmless BQE Tours, LLC, and Staff from any and all claims, and I further agree to comply with all of the other terms and conditions of this Agreement as if I were said participant.