By booking a Holiday (eg. Tailor-made tour, hotel, day tour, half-day tour, transportation, etc… any services provided on the “Holiday”) online and participating on the Holiday booked offered by EATour Specialist, SL and other who provide services, in consideration for my being allowed to participate on the Holiday, 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”) :
- Voluntary Participation. I understand and confirm that my participation on the Holiday is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating on the Holiday.
- Comprehension of Risk. I fully comprehend and accept all the risks associated with my participation on the Holiday including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the Holiday takes place in public venues under conditions largely beyond EATour Specialists´ control.
- Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation on the Holiday. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation on the Holiday.
- Release of Liability; Limitation of Damages. I hereby forever and unconditionally release EATour Specialist 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 on the Holiday, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. In no event shall EATour Specialist be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if EATour Specialist has been informed of the possibility thereof.
- Indemnification. I agree to defend and indemnify the Released Entities from all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Tours.
- 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 EATour Specialist, its successors and assigns.
- Consent to Medical Treatment. I authorize EATour Specialist 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 EATour Specialist to provide such assistance, transportation, or services.
- Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
- Promotional Release. I hereby grant to EATour Specialist the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation on the Holiday, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). EATour Specialist has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the "Works"). I agree that EATour Specialist is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to EATour Specialist an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE ON THE HOLIDAY, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY. PARTICIPATION ON THE HOLIDAY BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.