Bergen Food Tours Waiver and Release, Consent to Medical Attention, and Grant of Rights
In consideration of being allowed to purchase tickets for and/or participate in the event and/or tour offered by Smart Experiences AS dba Bergen Food Tours (the “Company”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the purchaser/tour participant (“Participant”). Participant understands, acknowledges, represents and warrants the following to the Company, with the knowledge that the Company will rely on the same. If the participant is not yet 18 [eighteen] years old, a parent or legal guardian (individually and collectively referred to below in the first person singular) has agreed to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”) :
1. Participant desires to participate in the food tasting, microbrewery, and cultural walking tours offered by the Company (the “Tours”).
2. Participant is in good health and suffers from no 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 event and/or tour including, without limitation, injury or death resulting from exposure to unfavourable weather conditions, food sickness, allergic reactions, choking, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, motor vehicles, pedestrians and the like) and death. Participant understands that the Tours take place in public venues under conditions largely beyond Company’s control.
4. Participant agrees to assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with participation in the Tours. Participant accepts personal responsibility for any liability, injury, loss, or damage in any way connected with participation in the Tours.
5. Participant agrees to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of participation in the Tours.
6. Participant agrees that this waiver shall be binding upon participant’s next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.
7. Participant authorizes the Company to provide through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services.
8. Participant grants to the Company and the Company’s successors the unrestricted right and permission to copyright and use photographic pictures, portraits, video footage and/or audio recordings, of their participation in the Tours, in which the participant may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, brochures, books, publications, catalogues, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works”). Participant agrees that Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. Participant further grants to Company and the Company’s successors an irrevocable, royalty-free, worldwide license to use the participants name, age, and hometown in connection with the Material and the Works.
9. PARTICIPANT’S PARTICIPATION IN THE TOURS IS AT PARTICIPANT’S OWN SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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, CHEYANNE SMART, SMART TOURS, AND EZTIX EVENT TICKETING INC., (COLLECTIVELY, THE “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 ANY ONE 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, COURT COSTS AND REASONABLE 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 TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. 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.
11. 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.
12. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
13. This Waiver and Release of Claims shall be governed by and construed in accordance with the laws and decisions of Bergen, Norway as applied to agreements entered into and fully performed within Bergen, Norway. The courts sitting in Bergen, Norway shall retain the exclusive jurisdiction over any disputes arising under or related to this Waiver and Release of Claims, and Participant expressly consents to the personal jurisdiction of same. No action may be brought against the Company as a class action.
14. Participant understands that by providing their email address they are agreeing to receive occasional offers and news from Bergen Food Tours. At any point the participant may unsubscribe from any email by simply clicking the unsubscribe link located at the bottom of any email.
THIS IS A WAIVER AND RELEASE OF LIABILITY. PARTICIPANT HAS READ THIS ENTIRE DOCUMENT. PARTICIPANT UNDERSTANDS THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE EVENTS, INDICATING THE PARTICIPANTS VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY.
PARTICIPATION IN THE EVENTS BY A PERSON WHO IS NOT YET 18 [EIGHTEEN] YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.