Waiver Notice

By purchasing tickets for and participating in the food tours (“Events”) offered by Six Taste under First Everything Events, LLC (the "Company"), I 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”):

1.       Voluntary Participation. I understand and confirm that my participation in the Events is voluntary. I am in good health, show no signs of illness or COVID-related symptoms (cough, shortness of breath, fever, sore throat, loss of taste or smell, etc.), and suffer from no physical or mental condition that would make me especially susceptible to injury, illness, or disability while participating in the Events.

2.       Comprehension of Risk. I fully comprehend and accept all of the risks associated with my participation in the Events including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, health and environmental issues (e.g. COVID-19), and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, derelicts, and pedestrians. I understand that the Events take place in public venues under conditions largely beyond Company’s control.

3.       Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Events. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Events.

4.       Release of Liability; Limitation of Damages. 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 Events.  Company’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Events be greater than $1000. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Events is cumulative and not per incident. In no event shall Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof.

5.       Mutual Indemnification:  Both parties shall each indemnify and hold each other harmless from all third party (i) claims, (ii) demands, (iii) causes of action, (iv) damages, (v) costs, (vi) expenses and (vii) liabilities (collectively, “Losses”) incurred by reason of a breach of the due and proper performance of their respective obligations under this Agreement.  Such indemnity shall include reasonable attorneys’ fees and costs provided that the indemnitor shall have the right to consent to the designation of counsel, such consent not to be unreasonably withheld.  This Section shall survive termination or expiration of this Agreement

6.       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.

7.       Consent to Medical Treatment. I authorize Company 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 Company to provide such assistance, transportation, or services.

8.       Promotional Release. I hereby grant to Company the unrestricted right and permission to use photos, video footage and/or audio recordings of my participation in the Events. Company has the right to reproduce, exhibit, distribute, broadcast, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction and compensation to Participant, by incorporating the Material into its website, publications, brochures, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the "Works').

 I HAVE READ THIS DOCUMENT AND UNDERSTAND THAT MY ENTIRE PARTY, ALL PARTICIPANTS OF THE TOUR, AND I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE EVENTS, I AM INDICATING OUR VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF