WAIVER AND RELEASE OF ALL CLAIMS
By virtue of purchasing tickets for and/or participating in the food tasting tours offered by Comedienne Joy (the “Company”), and in consideration of being allowed to purchase tickets, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, purchaser/tour guest (the “Guest”) understands, acknowledges represents, warrants and agrees as follows, with the knowledge that the Company will rely on same:
1. Guest is in good health and suffers from no minor or serious physical or mental injury, illness, or disability that would make Guest especially susceptible to injury or disability while performing any activity contemplated by this Waiver and Release of All Claims.
2. Guest desires to participate in the food tasting and food tours offered by the Company (the “Tours”).
3. Guest fully comprehends and accepts all of the risks associated with his/her participation in the Tours including, but not limited to, exposure to weather conditions, food sickness, adverse reactions to foods and food stuffs, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other Guests, automobiles, pedestrians and the like) and death.
4. Guest grants to Company and Company’s assigns the irrevocable, sub-licensable right and authority to use Guest’s name, likeness, photograph and/or picture for any and all commercial or non-commercial purposes now known or later developed in perpetuity throughout the universe without further obligation or compensation to Guest.
5. GUEST’S PARTICIPATION IN THE TOURS IS AT GUEST’S OWN SOLE RISK. GUEST, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF GUEST, HEREBY FOREVER AND UNCONDITIONALLY RELEASES THE COMPANY, AND ANY AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, SHAREHOLDERS AND DIRECTORS OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION, STUART CARD, DONALD CARD, ZERVE INC.) (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES IN ANY WAY ARISING OUT OF, OR RESULTING FROM, GUEST’S PARTICIPATION IN THE TOURS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, AND LIABILITIES FOR DEATH, INJURY, LOSS OR DAMAGE TO GUEST, TO ANY ONE ELSE, OR TO ANY PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH INJURY, LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR WILLFUL CONDUCT OF THE COMPANY OR ANY OF THE RELEASED PARTIES. GUEST, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF GUEST, FURTHER AGREES TO DEFEND AND INDEMNIFY THE RELEASED PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) AND LOSSES OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY ARISING OUT OF, OR RESULTING FROM, GUEST’S PARTICIPATION IN THE TOURS.
6. If alcohol is served during the Tour, Guest is responsible for and accepts full responsibility for complying with applicable laws regarding consumption of alcohol, and if consuming alcohol, monitoring and/or limiting his/her alcoholic beverage intake. by accepting alcohol during the Tour, Guest warrants that he/she is at least 21 years of age. Comedienne Joy maintains the right to demand proof of age from any Guest. Guest hearby releases Comedienne Joy and the host locations and transportation companies from any liability for damages to Guest or any other person or entity caused in whole or in part by Guest’s consumption of any item, including without limitation, alcohol.
7. This Waiver and Release of Claims constitutes the entire agreement and understanding between Guest and the Released Parties, and cancels, terminates and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Waiver and Release of Claims.
8. None of the provisions of this Waiver and Release of Claims can be waived or modified except expressly in writing signed by Guest and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Released Parties to enforce any of their rights hereunder at any time shall not act as a waiver to enforce their rights under this Waiver and Release for same or similar acts at any subsequent time.