RELEASE AND WAIVER OF LIABILITY
PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS.
By checking the box marked “I have read and agree to the Release and Waiver of Liability,” by signing, or by making any payment toward a Package, you confirm that you have read, understood, and agreed to this Release and Waiver of Liability (“Release”) on behalf of all Travelers in the Booking and in favor of Tend the Table Foundation (“we,” “us,” “our,” or the “Organizer”).
All capitalized terms used in this Release that are defined herein have the meaning set forth in the Terms and Conditions executed contemporaneously with this Release.
In exchange for being allowed to make a Booking, receive and experience the Package, and otherwise participate in the travel itinerary associated therewith (the “Activities”) and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge, you hereby freely, voluntarily, and without duress execute this Release and agree to the following terms:
ARTICLE 1: Assumption of Risk
You fully understand that the Activities may involve inherent and other risks, hazards, and dangers to yourself, property, and other people that may include, but are not limited to: misinformation and instructions or the lack thereof, defective equipment, facilities, or premises related to the Activities, temperature, vehicular traffic, weather, lack of hydration, property damage, serious emotional trauma and/or bodily injury, physical injury, disability (temporary, permanent, or otherwise), dismemberment, death, acts of terrorism, criminal activity, illness (including without waiver illness resulting from exposure to bacteria, viruses, foodborne illness, infectious diseases, and/or communicable diseases arising from or related to your participation in the Activities), unavailability of immediate medical attention, scrapes, cuts, bruises, bites, stings, broken bones, sprains, adverse weather conditions, your own actions, inactions, and/or negligence, and/or the actions, inactions, and/or negligence of other Travelers and/or Organizer. You understand that there may be risks that are not known or reasonably foreseeable at this time. You agree freely and voluntarily to participate in the Activities in spite of the inherent risks. You acknowledge the above risks and fully accept and assume all risks and all responsibility for losses, costs, and damages that you may incur as a result of your participation in the Activities. You understand that the Released Parties (defined in the next paragraph) are not responsible for damaged, lost, or stolen articles.
ARTICLE 2: Release and Waiver of Liability and Promise Not to Sue
You, on behalf of yourself, your family member(s), personal representatives, heirs, executors, administrators, estate, assigns, and any and all other similar persons and entities (collectively and individually, the “Releasing Parties”) HEREBY RELEASE, DISCHARGE, AND PROMISE NOT TO SUE Organizer and all Suppliers, together with their respective successors, predecessors, assigns, affiliates, administrators, directors, officers, trustees, shareholders, members, managers, agents, contractors, subcontractors, volunteers, and employees (collectively and individually, “the Released Parties”), from all liability, claims, demands, losses, or damages of any kind, type, or nature, which arise out of or are related in any way to your participation in the Activities, including, but not limited to, claims that arise out of or are related to NEGLIGENT actions and/or inactions of the Released Parties, to the fullest extent permitted by law.
WITHOUT LIMITING THE PRECEDING PARAGRAPH, YOU UNDERSTAND THAT THIS RELEASE DISCHARGES THE RELEASED PARTIES FROM ANY LIABILITY OR CLAIM THAT YOU MAY HAVE AGAINST THE RELEASED PARTIES WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
ARTICLE 3: Miscellaneous
This Release is subject to and governed by the Terms, including but not limited to Articles 16, 17, and 20.
ARTICLE 4: Acceptance
By checking the box marked “I have read and agree to the Release and Waiver of Liability,” by signing, or by making any payment toward a Package, you confirm that you have read, understood, and agreed to this Release on behalf of all Travelers in the Booking.