Waiver and Release of Claims
By virtue of purchasing tickets for and/or participating in the food tasting and cultural walking tours offered by Savor Oakland Food Tours (the “Company”), and in consideration of being allowed to purchase said tickets, and for other goods and valuable consideration, the receipt and sufficiency of which is acknowledged, said purchaser/tour participant (the “Participant”) understand, acknowledges represents, warrants and agrees as follows, with the knowledge that the Company will rely on same:
- Participant desires to participate in the food tasting and cultural walking tours offered by the Company (the “Tours”).
- Participant is in good health and suffers from no minor or serious physical or mental injury, illness or disability that would make Participant especially susceptible to injury or disability while performing any activities related to or in connection with the Tours.
- Participant fully comprehends and accepts all of the risks associated with his/her participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g. without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians, bicyclists and the like) and death.
- Participant grants to Company and Company assigns the worldwide, irrevocable, sub-licensable right and license to use in any media now known or later developed Participant’s name, likeness, photograph and/or picture in connection with the promotion, advertising, distribution, and marketing of the Tours and the Company without further obligation or compensation to Participant.
- PARTICIPANT’S PARTICIPATION IN THE TOURS IS AT PARTICIPANT’S OWN SOLE RISK. PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, HEREBY FOREVER AND UNCONDITIONALLY RELEASES THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, FIDUCIARIES, CONTRACTORS, INSURERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION, 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, PARTICIPANT’S PARTICIPATION IN THE TOURS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, AND LIABILITIES FOR DEATH, INJURY, LOSS OR DAMAGE TO PARTICIPANT, TO ANY ONE ELSE, OR TO ANY PROPERTY, REGARDLESS OF WHETHER OF NOT SUCH INJURY, LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR WILLFUL CONDUCT OF THE COMPANY OR ANY OF THE RELEASE PARTIES. PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, 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, PARTICIPANT’S PARTICIPATION IN THE TOURS.
- In connection with the foregoing general release, Participant acknowledges that he or she has read and understands Section 1542 of the Civil Code of the State of California, which provides in full as follows:
- This Waiver and Release of Claims constitutes the entire agreement and understanding between Participant and the Released Parties, and cancels, terminates and supersedes any prior agreement or understand relating to the subject matter hereof. There are not representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Waiver and Release of Claims.
- None of the provisions of this Waiver and Release of Claims can be waived or modified except expressly in writing signed by Participant and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Release 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 the same or similar acts at any subsequent time.
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Participant hereby expressly waives and relinquishes all rights and benefits he or she has or may have under Section 1542 (and any other law of similar effect) with respect to the release of unknown claims granted in this waiver. Participant acknowledges that he or she may hereafter discover facts or claims in addition to or different from those he or she now knows or believes to exist, but that Participant nevertheless intends to fully and finally settle all claims released herein.