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, their 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 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.
4. In addition, the Released parties are not responsible for any loss or theft to personal property brought to our purchased during the tour(s).
5. 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 highly suggests purchasing travel insurance from an independent agency.
6. 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 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).
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.