WALK AND TALK CHARLESTON, LLC
Waiver and Release, Consent to Medical Attention and Grants to Rights
By virtue of purchasing tickets for and/or participating in any of the walking tours (the “Tour(s)”) offered by Tyler P. Wright and Walk and Talk Charleston, LLC (collectively, the “Company”), and in consideration for my being allowed to participate in the Tour(s), 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”) with the knowledge that the Company will rely on same:
Voluntary Participation. I understand and confirm that my participation in the Tour(s) 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 Tour(s).
Release of Liability. I hereby forever and unconditionally release Company and its 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’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Tour(s), including, without limitation, any and all Claims resulting from the negligence of the Released Entities. In no event shall Company be liable for any direct, special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof.
Assumption of Risks: I knowingly, willingly, and voluntarily assume any and all risks associated with the Tour I participate in or attend. 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 Tour(s) take place in public venues under conditions largely beyond Company’s control. I further understand that specific risks include, but are not limited to, the following: a) all risks associated with traveling or transport to, before, during, and/or returning back from, the site of a Tour, including but not limited to walking and/or use of vehicle, bicycle, roller skates or public transit; b) all risks associated with the nature of and participation in any Tour, including but not limited to travel or transport, consumption of food or beverage, consumption of alcoholic beverage(s) or spirit(s), physical activity and/or athletics, or any other activity conducted in the course of a Tour; c) all risks associated with walking, standing, sitting, or traveling on property owned, leased, managed, occupied or under the authority of the Company, the public, city or municipal government or agency, or 3rd party, including but not limited to a sidewalk, street, thoroughfare, park, store, shop, restaurant, nightlife establishment, private residence or property, or public transit vehicle or property. As a participant on the Tour, I accept full responsibility for my behavior, well-being, and health throughout the Tour, which may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: climbing stairs. I further realize that the Tour may involve walking through unfamiliar corridors, gangways, roads, stairways and driveways.
Disclaimer of Fitness: I declare that I am fully physically, mentally and emotionally fit for and capable of participation in any Tour. My state of fitness includes but is not limited to the following: a) My physical health, well-being and fitness, including but not limited to possessing ability to walk, run, pedal or skate appropriately for the nature of the Tour; b) my mental and emotional well-being appropriate for participation in a Tour; c) my ability to ingest, consume and/or digest food or beverage served, vended, sold or offered in the course of a Tour; d) my ability to ingest, consume and/or digest alcoholic beverage(s) or spirit(s) served, vended, sold or offered in the course of a Tour; e) my sobriety and lack of being under influence of alcohol, drugs, medications, controlled or drowsiness-inducing substances or narcotics, or being under influence of any other substance which may effect my physical, emotional or mental ability to participate in a Tour; and f) my lack of any condition, disposition, illness, disease, ailment or pregnancy for which participation in a Tour may cause negative or adverse effect(s) to my health or well-being.
Indemnification and Hold Harmless: I agree to indemnify and hold harmless the Company and/or Staff from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including reasonable attorney’s fees brought as a result of my involvement in a Tour, and to reimburse the Company and/or staff for any such expenses incurred in the course of and in defense of such action(s).
Photo and Video Release: I am aware that images or recordings may be taken during the course of a Tour, and hereby grant the Company permission to the rights of my image, recording, likeness and/or sound of my voice as recorded on a Tour, without payment or any other consideration. 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 participation in the Tour(s), in which I may be included, 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, publications, catalogues, brochures, books, magazines, social media or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that the 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, age, and hometown in connection with the Material and the Works.
Severability: I expressly agree that the foregoing conditions, terms, and clauses are intended to be as broad and inclusive as permitted by law in the State of South Carolina and that if any portion, section, or clause thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
Acknowledgement of Understanding: I have read this Waiver of Liability, fully understand its terms, and understand that I am giving up substantial rights, including my right to pursue legal action. I acknowledge that I am making this agreement freely and voluntarily, and intend by my purchasing, booking or reserving a ticket(s) or reservation(s) to completely and unconditionally release the Company and Staff of all liability to the greatest extent allowed by law.
Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.
Consent to Medical Treatment. I authorize Company, in its sole discretion, 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.
Governing Law and Venue. This Waiver shall be governed by the laws of the State of South Carolina without regard to conflict of law principles. Any action or proceeding arising out of my participation in the Tour(s) shall be brought exclusively in a court of competent jurisdiction located in Charleston County, South Carolina.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. BY SIGNING THIS WAIVER, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY.
PARTICIPATION IN THE TOUR(S) BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.
First Name ______________________ Last Name ___________________________________
Address _____________________City/Province ____________ State ______ Zip __________
Country ____________________ Age ____ Telephone Number (_____) _______-__________
In case of emergency, please contact _______________________ at (_____) _______-________
PARENT OR LEGAL GUARDIAN PERMISSION I, the parent/legal guardian of __________________________ (the “minor”), have read and reviewed the above waiver and agree to all terms of the same on behalf of the minor to the same extent as if I were signing on my own behalf. I expressly understand that his/her participation in this Tour involves a risk and danger of injury, and it is my express desire that the minor participate in this Tour, risk of injury or death notwithstanding. I give the Company, its agents, employees, and associates permission to arrange for medical treatment of the above minor in case of emergency or accident. I do further represent and warrant to the Company that I am the (circle one) natural parent / duly appointed legal guardian of the minor child described herein and am in all respects legally authorized to execute this agreement on behalf of the minor.
Signature _____________________ Printed Name:________________________Date ________