Austin Eats Food Tours
Waiver, Release, and Grant of Rights
The following includes a waiver of rights, a release of liability, a limitation of damages, and an indemnification. Please read it carefully before agreeing to these terms and conditions.
By purchasing tickets for and participating in the food tasting and cultural walking tours (“Tours”) offered by Austin Eats LLC d/b/a Austin Eats Food Tours (the “Company”), and in consideration for my being allowed to participate in the Tours, the receipt and sufficiency of which is hereby acknowledged, I, and if I am not yet 18 years old, my parent or legal guardian (individually and collectively referred to below in the first person singular) agree to be bound by each of the following provisions of this Waiver, Release, and Grant of Rights (the “Agreement’):
- Voluntary Participation. I understand and confirm that my participation in the Tours is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Tours.
- Comprehension of Risk. I fully comprehend and accept all of the risks associated with my participation in the Tours including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the Tours take place in public venues under conditions largely beyond the Company’s control.
- Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Tours. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tours. Although the Company will do its best to accommodate food allergies and preferences of which it is aware, I retain sole responsibility for ensuring that the food and beverages I choose to consume are consistent with my food restrictions and preferences, and I waive all claims against the Company arising out of my consumption of any and all food and beverages to which I may have an allergy or aversion.
- Release of Liability and Limitation of Damages. I hereby forever and unconditionally release the Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, directors, and any person or entity acting on the Company’s behalf (collectively, the “Released Entities”) from any and all claims, actions damages, liabilities, losses, costs, and expenses, including but explicitly not limited to attorney fees) for death, injury, loss of damage of property, or any other claims that in any way arise out of my participation in the Tours, including any and all Claims resulting from the negligence of the Released Entities. For any claim I assert against the Company that survives the terms set forth in this Agreement, the Company’s liability to me and my total recovery for any such claim will be limited to $500. Recovery of up to $500 for actual direct damages shall be my sole and exclusive remedy for any such claim. All liability arising out of my participation in the Tours is cumulative and not per incident or per claim asserted. In no event shall the Company be liable for any special, incidental, exemplary, punitive, or consequential damages or any other indirect damages, nor shall the Company be liable for any equitable damages, even if the Company has been informed of the possibility thereof. I therefore hereby release the Company from any and all future claims for special, incidental, exemplary, punitive, consequential, or indirect damages and from any and all equitable remedies.
- Indemnification. In addition to and without limitation of or by the other provisions of this Agreement and to the fullest extent permitted by applicable law, I agree to fully protect, indemnify, and defend the Released Entities and hold them harmless from and against any and all claims, demands, damages, causes of actions, and liabilities of any and every nature whatsoever arising out of or in connection with or caused in whole or in part by my acts or omissions while participating in the Tours, including without limitation economic injury to, bodily injury to, or death of any person, regardless of concurrent or supervening causes or any contributing fault or negligence of any of the Released Entities or any breach or failure to comply with any of the provisions of this Agreement. I hereby acknowledge that this Agreement is intended to protect, indemnify, and hold the Released Entities harmless from the consequences of the Released Entities’ own negligence and actions. This indemnification shall be in addition to all other terms of the Agreement and shall not limit or be limited by any other provisions of this Agreement.
- Binding Effect. This Agreement shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of the Company, its successors, and assigns.
- Consent to Medical Treatment. I authorize the Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon the Company to provide such assistance, transportation, or services.
- Severability. If any provision of this Agreement 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. If no modification may render it valid and enforceable, this Agreement shall be construed as if it did not contain the invalid or unenforceable provision, and the remaining rights and obligations of the parties will be construed and enforced accordingly.
- Governing Law and Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to conflict of law principles. Travis County, Texas shall be the exclusive venue for all legal actions arising out of or related to this Agreement, my payment for or participation in the Tours, or any other dispute I have or may have in the future with the Company or the Released Entities. I explicitly waive any and all venue defenses. I explicitly agree that Texas state courts shall have exclusive jurisdiction over all claims arising out of this Agreement, my payment for or participation in the Tours, or any other dispute I have or may have in the future with the Company or the Released Entities. I expressly consent to the personal jurisdiction of the state courts of Texas.
- Promotional Release. I hereby grant to the Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage, and/or audio recordings of my participation in the Tours, in which I may be wholly or partially included. This grant includes the images in hard and soft copy form, negatives, prints, transparencies, digital information and metadata, or any other original or copies of such images or sounds of my likeness or voice (the “Material”). The Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use and publish the Material, by any method and in any media, whether now existing or later created, without restriction, throughout the world, including without limitation incorporation into the Company’s website, publications, catalogues, brochures, books, magazines, or any and all advertising and promotional materials (collectively, the “Works”). The Company is and shall be the exclusive owner of all rights, titles, and interest, including copyright and trademark rights, in the Material and the Works. I grant to the Company an irrevocable, royalty-free, worldwide license to use my first name and hometown in connection with the Material and the Works.
- Weather. I am aware that the Tours are likely to involve walking outside. Full participation in the Tours may involve exposure to the elements, including heat, cold, wind, rain, or other precipitation. The Company reserves the exclusive right to determine whether to cancel any Tour due to weather conditions, but I am aware that the Company is unlikely to cancel any Tour due to weather conditions absent the issuance of an extreme weather warning from a governmental weather service. If I elect to withdraw from a tour due to weather after the window for a full refund has passed, I acknowledge that I am not entitled to a refund.
- Minor Participation. I agree on behalf of any minor for whom I am making payment that I, a parent, or another legal guardian has read and consented to these terms and conditions.
This Agreement waives substantial rights and includes a release of liability, a limitation of damages, an indemnification, and a grant of use of my likeness. I have read this entire document. My participation in the Tours is expressly subject to my acceptance of the terms of this Agreement, and I will not participate in the Tours unless I have accepted the terms and conditions set forth in the Agreement on behalf of myself and on behalf of any minor for whom I am making payment or who I bring with me on the Tours.