Craft Brew Tours
AGREEMENT OF RELEASE & WAIVER OF LIABILITY
THIS IS A LEGALLY BINDING DOCUMENT.
PLEASE READ CAREFULLY BEFORE BOARDING THE TOUR.
Name:________________________________________ Date of Birth:_________________
City:________________ State:____________ Zip Code: ______________
Email:_____________________________________ Phone: ______________________
Name/Phone of Emergency Contact: _______________________________________________
1. Assumption of Risk. I understand that Craft Brew Tours (CBT) is acting solely as an agent in arranging tours, transportation, venues, and other services and does not assume liability for accidents, delays, injuries, loss or damage due to any act or default by you, CBT, or any brewery or company that the tour visits. I acknowledge my participation in the Tour provided by Craft Brew Tours is voluntarily and at my own risk. I understand that I voluntarily ASSUME FULL RESPONSIBILITY for any risk of loss, personal injury, including death that may be sustained by me and any loss or damage to property owned by me, as a result of participation in the Tour, whether caused by the negligence of the Staff (as defined in section 4) or otherwise, to the fullest extent allowed by law.
2. Consumption of Alcohol. I acknowledge that the Tour may involve the consumption of alcohol. I represent and warrant to CBT that I am over the legal drinking age of 21. I fully understand that there may be consumption of alcohol before, during and/or after the Tour and at brewery/restaurant visits along the Tour either by me or other participants on the Tour. I understand and acknowledge the potential risks and dangers associated with the consumption of alcohol. I am aware that this activity includes the risk of injury and even death, and I hereby elect to voluntarily participate, knowing that it may be hazardous to my property and me. I understand that CBT does not require me to consume alcohol to participate in the Tour. I also acknowledge that it is my responsibility NOT TO BECOME INTOXICATED during the Tour, and that CBT is not responsible if I become intoxicated. I take full responsibility for any liability associated with my intoxication, during or after the Tour. I acknowledge that CBT assumes no liability for injuries that may occur to me or others, and no liability for any civil or criminal violation or damages that may be assessed against me as a result of my being intoxicated before, during or after the Tour.
3. Risk of Tour. I understand the Tour may involve walking on unfamiliar corridors, gangways, stairways and driveways, getting in and out of vehicles, and crossing busy public streets. I hereby accept any risk of tripping, slipping, and falling, slipping before, during, or after a Tour. I understand I am to remain seated when on the bus. Any standing, walking, or dancing while on the bus is not permitted and is done at my own risk. With this knowledge, I voluntarily assume full responsibility for the risks of touring under the influence of alcohol and for my behavior, well-being and health during the Tour. I agree not to hold CBT, its Staff, or the hosting brewery/restaurant/facility liable in any way should any harm come to me.
4. Waiver of Claims and Release of Liability. I AGREE to WAIVE ANY AND ALL CLAIMS I MAY HAVE NOW OR IN THE FUTURE, RELEASE FROM ALL LIABILITY AND AGREE NOT TO SUE Craft Brew Tours (CBT), its members, agents, representatives, employees or tour guides (collectively referred to as “Staff”) for any death, personal injury, property damage, or loss sustained by me as a result of participation in the Tour or while traveling to and from the Tour due to any cause whatsoever, including without limitation, negligence on the part of CBT, its Staff, tour partners, or other participants. I further agree that if I violate this agreement and attempt to bring suit against any parties named herein, that lawsuit must be brought in Orange County and under the laws of California. I agree that I will also be held responsible for attorney’s fees and costs incurred by any party, including CBT, in defending such action.
5. Indemnification. I AGREE TO INDEMNIFY AND HOLD HARMLESS the Staff from any loss, liability, damage, or costs, including court costs and attorneys’ fees that Staff may incur due to my participation in the Tour, whether caused by negligence of Staff or otherwise, to the fullest extent allowed by law.
6. Medical Declarations. I represent that (1) I do not have, or am not aware of, any medical condition(s) including pregnancy, that may impact my participation on this tour and (2) I do not take any medications that would result in any injury or damage to me or any other person(s) as a result of participating on this tour including consumption of alcohol. I understand that it is my obligation to disclose to CBT any medical conditions, including pregnancy, and any medications that would result in any injury or damage to me or any other person(s) as a result of my consumption of alcohol.
7. Accident Coverage. I acknowledge that it is my responsibility to provide for my own accident and health coverage while participating in the Tour and while transporting myself to and from the Tour; accident and health coverage is not provided by CBT.
8. Illegal Activity. I agree that if CBT Staff finds or suspects that I am participating in any illegal activity, disorderly conduct, or verbal/physical abuse during a Tour, CBT reserves the right to terminate my participation on the Tour immediately. I acknowledge that CBT has the right to terminate my service regardless of location without return to point of pick up. Upon termination of service, I agree that I am liable for the entire balance of service. I acknowledge that this Agreement releases CBT from any liability at the time of termination.
9. Right of Publicity License. I agree to grant Craft Brew Tours (CBT) a worldwide, royalty-free license to use my photographic, video, or digital likeness solely for promotional, marketing, or other commercial
10. Damage. I understand that any damage occured as a result of myself or my actions related to or resulting in damage to the vehicle or CBT's property will be subject to additional payment due within 10 days of the incident and/or loss of deposit. Bodily Fluid in the bus is subject to a $200 clean up fee. Excessive waste, refuse, large spills, and things such as glitter bombs, confetti, streamers or silly string is subject to a $50-$100 dollar clean up fee.
11. Cancellation Policy.
Private Tours: $150 Cancellation Fee.
14 Days or more in advance: $150 credit towards a future date within 3 months.
Less than 14 days before the tour date: $150 non-refundable fee. (No credit)
In case of No call/No show, or cancellation with less than 24 hours notice you will be charged for the full tour.
Public Tours, you may cancel up to 24 hours before the tour date and recieve credit for a future tour. Any cancellations made within 24 hours of the tour day will not be refunded and there will be no credit issued. No shows will forfeit the full amount and will not be refunded.
12. Acknowledgment. I understand that the permission to participate on the Tour is being given to me in exchange for the execution of this Release and Waiver of Liability Agreement. I understand this is a release of liability, which will legally prevent me or any other person from filing suit or making any other claims for damages in the event of personal injury, death, or property damages.
Print name: ________________________________
Signature:_____________________________ Date Signed:_______/_______/______
ACKNOWLEDGMENT OF RECEIPT
Craft Brew Tours
__________________ (INITIALS OF AUTHORIZED STAFF)