Waiver | Cape Cod Foodie Tours

Waiver And Release, Consent To Medical Attention And Grant Of Rights

By purchasing tickets for and participating in the food events (“Events”) offered by Cape Cod Foodie Tours (the
“Company”), and in consideration for being allowed to participate in the Events, 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 of liability, indemnification, consent to medical attention and grant of rights (“Waiver”):

1. VOLUNTARY PARTICIPATION: I understand and confirm that my participation in the Events 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 Events.

2. COMPREHENSION OF RISK: I fully comprehend and accept all of the risks associated with my participation in the Events, including without limitation, injury or death resulting from exposure to unfavorable weather conditions, food illness,
allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians.

3. ASSUMPTION OF RISK: I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Events. I accept personal responsibility for any liability, injury, loss, or damage in any way
connected with my participation in the Events.

4. RELEASE OF LIABILITY; LIMITATION OF DAMAGES: I hereby forever and unconditionally release Company and its
independent contractors, affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney fees) for death, injury, loss or damage of property (collectively “Claims”) in any way arising out of my participation in the Events, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Released Entities’ liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Events be greater than $500. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Events is cumulative and not per incident. In no event shall Released Entities be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Released Entities have been informed of the possibility thereof.

connected with my participation in the Events.

5. INDEMNIFICATION: I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Events.

6. BINDING EFFECT: This Waiver shall be binding up on my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Released Entities, their successors and assigns.

7. CONSENT TO MEDICAL TREATMENT: I authorize 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 Company to provide such assistance, transportation, or services.

8. SEVERABILITY: 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.

9. GOVERNING LAW AND ARBITRATION: This Waiver shall be governed in all respects by the laws of the state of Massachusetts without regard to conflict of law principles. Any claim injury or loss due to my participation in events shall be decided according to the rules of the American Arbitration Association (“AAA”). Any decision or award made by the arbitrator/s shall be enforceable in a court of law having jurisdiction over me or the Company. The arbitrator shall allocate any award among the parties based on the percentage of fault by the Company and others. The arbitrator may assess attorney fees and costs among the parties at the arbitrator/s discretion.

10. PROMOTIONAL RELEASE: I hereby grant to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participating in the Events, in which I 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 commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works”). I agree that Company 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 Company an irrevocable, royalty-free, worldwide license to use my name, likeness age and hometown in connection with the Material and the Works.