Guest Release and Waiver
If you reside within a country of the European Economic Area (EEA), Brazil, Mexico, Argentina or Australia, this Guest Release and Waiver does not apply to you.
In order to participate in a Tour, Wanderlost Tours LLC requires you to accept this Guest Release and Waiver, which is effective between you and Wanderlost Tours LLC as of the date when you first book or participate in a Tour, whichever happens first.
You represent that you are 21 years of age or older. If you are booking a Tour on behalf of other Guests, you will ensure, and you represent and warrant, that each Guest on whose behalf you book has read and agreed to this Guest Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her.
Assumption of Risks
You understand and acknowledge that the Tour you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH TOUR, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF WANDERLOST TOURS LLC OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE TOUR, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE EXPERIENCE.
COVID NOTICE
In compliance with current state, federal, and local recommendations, bars and restaurants have taken enhanced health and safety measures to ensure a safe experience for their guests. Please keep in mind there is an inherent risk of exposure to COVID-19 anywhere people are present.
BY PARTICIPATING IN A TOUR YOU AFFIRM THAT YOU ARE IN GOOD HEALTH AND SHOW NO SIGNS OF ILLNESS OR COVID RELATED SYMPTOMS E.G., COUGH, SHORTNESS OF BREATH, FEVER, SORE THROAT, LOSS OF TASTE OR SMELL, ETC. YOU ALSO ACKNOWLEDGE THAT YOU COMPREHEND AND ACCEPT ALL RISKS ASSOCIATED WITH COVID-19.
Release and Waiver
You acknowledge and agree that:
You have reasonably assessed the risks involved in the Tour and have made an informed and voluntary choice to participate. You alone, and not Wanderlost Tours LLC, are responsible for determining your fitness for participating in the Tour and your ability to fully understand any directions or warnings presented. You will not participate in any Tour when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Tour. You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Tour. If you notice any hazard during a Tour, you will stop participating in the Tour immediately.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE WANDERLOST TOURS LLC FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR TOUR WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.
You intend this Guest Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WANDERLOST TOURS LLC PROVIDES THE TOUR “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WANDERLOST TOURS LLC EXPRESSLY DISCLAIM ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
Indemnification
You agree to indemnify and hold harmless Wanderlost Tours LLC and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your participation in Wanderlost Tours LLC activities; and (iii) your willful or negligent misconduct.
You affirm that you HAVE READ THIS GUEST RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS, AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.