I agree to this release of all claims, waiver of liability and assumption of risk (“Waiver and Release”). I waive any and all claims I may have now and in the future, and release from all liability and agree not to sue Made in Brooklyn Tours® LLC (hereinafter referred to as "Company"), its officers, agents, representatives, employees or tour guides (hereafter referred to as “Staff”) for any personal injury, death, property damage, or loss sustained by me as a result of my participation on any tour, activity, or event offered, conducted or promoted by the Company (hereinafter referred to as "Activity") or while in the presence of Staff due to any cause whatsoever, including without limitation, negligence on the part of Company, its Staff, tour partners, or other participants, or death or injury as a result of war, civil unrest or epidemic. I agree to indemnify and hold harmless the Company and/or Staff from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in an Activity, and to reimburse the Company and/or Staff for any such expenses incurred in the course of and in defense of such action(s). I further agree that if I violate this agreement and attempt to bring suit against any part of parties named herein, that I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.
I declare that I am fully physically, mentally and emotionally fit for and capable of participation in an Activity. My state of fitness includes but is not limited to the following: 1. My physical health, well-being and fitness, including but not limited to possessing ability to walk, run, pedal or skate appropriately for the nature of the Activity. 2. My mental and emotional well-being appropriate for participation in an activity. 3. My ability to ingest, consume and/or digest food or beverage served, vended, sold or offered in the course of an Activity. 4. My ability to ingest, consume and/or digest alcoholic beverage(s) or spirit(s) served, vended, sold or offered in the course of an Activity. 5. My sobriety and lack of being under influence of alcohol, drugs, medications, controlled or drowsiness-inducing substances or narcotics, or being under influence of any other substance which may affect my physical, emotional or mental ability to participate in an activity. 6. My lack of any condition, disposition, illness, disease, ailment or pregnancy for which participation in an Activity may cause negative or adverse effect(s) to my health or well-being.
I am aware that the Activity, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include: physical exertion for which I may not be prepared and weather extremes subject to sudden and unexpected change. I accept all the inherent risks of the proposed Activity and the possibility of personal injury, death or property damage or loss resulting there from. I acknowledge that the enjoyment and excitement of the proposed form of Activity is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I agree that if I suffer injury or illness Company or its Staff can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety.
I agree at all times during the Activity, to abide by and comply with any additional instructions given by Company or any other Staff and I accept that non-compliance may result in injury, death or permanent disability. I understand that non-compliance may result in my removal from the Activity. As a participant in the Activity, I accept full responsibility for my behavior, well being, and health throughout the Activity, which may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: climbing stairs. I further realize that the Activity may involve walking through unfamiliar, narrow and/or steep corridors, gangways, roads, stairways and driveways.
I hereby grant Company permission to the rights of my image, likeness and sound of my voice as recorded on an Activity without payment or any other consideration.
In entering this Waiver and Release, I am not relying on any oral, written nor visual representations or statements by Company or its Staff or any other inducement or coercion to go on the Activity. I confirm that, by my own free will, I have read and understood the Terms and Conditions of this Activity and Waiver and Release prior to signing it and agree that this Waiver and Release will be binding upon my heirs, next of kin, executors, administrators and successors.
I expressly agree that the foregoing conditions, terms, and clauses are intended to be as broad and inclusive as permitted by law in the State of New York and that if any portion, section, or clause thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
I have read this Waiver and Release, fully understand its terms, and understand that I am giving up substantial rights, including my right to pursue legal action. I acknowledge that I am making this agreement freely and voluntarily, and intend by my purchasing, booking or reserving a ticket(s) or reservation(s) to completely and unconditionally release Company and Staff of all liability to the greatest extent allowed by law. 1