1. In consideration for receiving permission of WINE DETOURS LLC, to participate in the (activity/sponsor), I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE (activity), WINE DETOURS LLC, its officers or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or any of the property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or
otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted.
2. I am fully aware of the risks involved and hazards connected to this activity, including but not limited to risks associated with foreign travel and drinking alcohol. I hereby elect to voluntarily participate in said activity with full knowledge that said activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss
or damage to property owned by me, as a result of being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
3. I understand and acknowledge that while WINE DETOURS may take reasonable steps to ensure my safety during travel and while participating in WINE DETOURS sponsored activities while abroad, that these precautions are merely made in good faith and do not warrant acceptance of liability, nor guarantee that actions undertaken will demonstrate and/or constitute non-negligent performance therein by the organization, its agents or assignees.
4. I hereby voluntarily and personally assume the risk of any and all consequences of my travel with WINE DETOURS, its officers, employees or agents, and those partnering vendors and other organizations selected by WINE DETOURS to provide travel. I expressly waive my right and the right of any of my heirs, legal representatives and assigns to sue or otherwise collect damages of any kind from WINE DETOURS, its officers, personnel or volunteers, its officers, personnel or volunteers, resulting from any cause whatsoever including but not limited to sickness, personal injury, property damage, delay, and change of schedule, wrongful death, theft or loss of property.
5.In the event any term or provision of this WAIVER OF LIABILITY is found to be
unenforceable or void, in whole or in part, then the offending term shall be construed as valid and enforceable to the maximum extent permitted by law, and the balance with this WAIVER OF LIABILITY shall remain in full force and effect. This WAIVER OF LIABILITY shall be construed in accordance with the laws of the State of Oregon.
6. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.
7. In addition, the Released parties are not responsible for any loss or theft to personal property brought to our purchased during the tour(s).
8. I understand that WINE DETOURS LLC does not maintain any travel, medical or health insurance policies for Participants. I am aware that I should review my personal insurance portfolio, especially travel, accident/medical coverages. I understand that WINE DETOURS strongly suggests purchasing travel insurance from an independent agency.
9. I understand that I am voluntarily participating in a wine tour at my own risk and I believe that I am in appropriate health and physical condition. I,hereby, represent that 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 tour(s).
10. I understand the hazards of the novel coronavirus (“COVID-19”) and am familiar with the Centers for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19. I acknowledge and understand that that the circumstances regarding COVID-19 are changing from day to day and that, accordingly, the CDC guidelines are regularly modified and updated, and I accept full responsibility for familiarizing myself with the most recent updates.
11. I authorize WINE DETOURS LLC 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 WINE DETOURS LLC to provide such assistance, transportation, or services.
12. I, hereby, voluntarily and personally assume the risk of any and all consequences of my travel. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless agreement shall be construed in accordance with the laws of the State of Oregon.
13. This release and waiver is intended to be as broad and inclusive as permitted by the laws of the State of Oregon, and if any portion hereof is held invalid, it is agreed that the remainder shall have full legal force and effect.
14. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least (21) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.
15. I hereby grant to WINE DETOURS LLC the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the tour(s), in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). WINE DETOURS LLC 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, publications, catalogues, brochures, books, magazines, social media or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that WINE DETOURS LLC is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to WINE DETOURS LLC an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.