Activity Waiver And Release

By virtue of purchasing tickets for and/or participating in any of the walking tours (the “Activity(ies)”) offered by MYSTERY LOVES COMPANY TOURS LLC (the “Activity Provider”), and in consideration for my being allowed to participate in the Activity(ies), the receipt and sufficiency of which is hereby acknowledged, I, and if I am not yet 18 years old, my parent or legal guardian (individually and collectively referred to below in the first person singular) 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”) with the knowledge that the Activity Provider will rely on same:

 

  1. WAIVER AND RELEASE. I HEREBY ASSUME ALL RISKS OF MY PARTICIPATION IN THE ACTIVITY and waive all claims and forever release Mystery Loves Company Tours LLC, located at 5502 7th Road South, Arlington, Virginia 22204, including its officers, employees, successors, assigns, partners, agents, heirs, representatives, and volunteers ("Activity Provider"), as applicable, in their individual or corporate capacities, of all claims, liabilities, agreements, and causes of action of any nature due to any injury, loss, or damage to person or property, including but not limited to serious or permanent physical injury, psychological injury, illness, death, and economic or emotional damages, that may arise out of my participation in the Activity, notwithstanding that such injury, loss, or damage may be due to Activity Provider's negligence.

  2. INDEMNIFICATION. I agree to indemnify, defend, and hold harmless Activity Provider against all claims, liabilities, damages, judgments, expenses, and causes of action of any nature, including attorney's fees and related costs, arising out of or related to my participation in the Activity, whether or not such causes of action may be due to Activity Provider's negligence.

  3. PHYSICAL AND MENTAL FITNESS. I do not have any physical or mental limitations or disabilities that may limit or prevent me from safely participating in the Activity. I agree that I will not participate in the Activity under the influence of any drugs that could impair my physical or mental abilities.

  4. CONSENT TO MEDICAL TREATMENT. I authorize the Activity Provider 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 the Activity Provider to provide such assistance, transportation, or services.

  5. GENERAL TERMS. This Agreement will be binding on and inure to the benefit of the parties and their respective heirs, representatives, executors, successors, and assigns. The terms of this Agreement are severable. This means that if any term of this Agreement is held to be invalid or unenforceable, then the remaining terms will continue to remain valid and enforceable. This Agreement represents the entire agreement between the parties and supersedes any and all prior oral or written agreements. This Agreement may not be modified except by the written consent of both parties. This Agreement will be governed and construed according to California law and will be broadly construed to release Activity Provider from liability to the maximum extent permitted by the applicable law.

  6. ACKNOWLEDGEMENTS

    1. I AGREE THAT I AM PARTICIPATING IN THE ACTIVITY VOLUNTARILY AND ENTIRELY AT MY OWN RISK. I UNDERSTAND THAT THE ACTIVITY INVOLVES CERTAIN INHERENT RISKS, INCLUDING THE RISK OF PHYSICAL INJURY AND PROPERTY DAMAGE, AND THAT BY PURCHASING A TICKET AND/OR PARTICIPATING IN THE ACTIVITY I AM ASSUMING FULL RESPONSIBILITY FOR THESE RISKS AND FOREVER GIVE UP MY LEGAL RIGHT TO SUE OR OTHERWISE CLAIM AGAINST ACTIVITY PROVIDER FOR ANY INJURY, PROPERTY DAMAGE, OR OTHER LOSS THAT I MAY SUSTAIN DUE TO MY PARTICIPATION IN THE ACTIVITY WHETHER OR NOT DUE TO ACTIVITY PROVIDER'S NEGLIGENCE.

    2. I agree to comply with all written and oral rules and instructions provided by Activity Provider regarding my participation in the Activity. I have been advised and instructed on the use of any protective equipment needed for the Activity.

    3. I agree that Activity Provider may make photo, audio, video, and other media recordings of my participation in the Activity, and the Activity Provider will be the sole owner of all such media, which may be used for all lawful marketing or business purposes.

    4. I agree to pay all costs of any medical care or treatment that I may require as a result of my participation in the Activity. I understand that I am responsible for obtaining my own health insurance. I further agree to pay for any damages I cause to person or property due to my participation in the Activity as a result of my intentional, negligent, or reckless act or omission.

    5. I am entering into this Agreement voluntarily and free of duress with the intention of binding my spouse, heirs, executors, legal representatives, and assigns, if any.

    6. I have fully read and understood this Agreement.

I UNDERSTAND THAT BY PURCHASING TICKETS AND/OR PARTICIPATING IN ANY ACTIVITIES BY THE ACTIVITY PROVIDER, I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING INJURY, LOSS, OR DAMAGE TO PERSON OR PROPERTY ARISING OUT OF MY PARTICIPATION IN THE ACTIVITY.

 
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