In consideration of being permitted to purchase a ticket or tickets for the Tremont Trek home, food, and wine tasting tour offered byTremont Trek/Tremont West Development Corporation (the “Company”), and the Company’s permitting me and those in my party to participate in such home, food, and wine tasting tour, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I, on behalf of myself and those in my party (who are individually and collectively referred to herein as the “Participant”), understand, acknowledge, represent, warrant and agree as follows, with the knowledge that the Company will rely on same:
1. Participant desires to participate in the home, food, and wine tasting tour offered by the Company (the “Tour”).
2. Participant is in good health and suffers from no minor or serious physical or mental injury, illness or disability that would make Participant susceptible to injury or disability while performing any activity contemplated by this Waiver and Release of Claims.
3. Participant fully comprehends and accepts all of the risks associated with Participant’s participation in the Tour including, without limitation, exposure to unfavorable weather conditions, food sickness, alcohol sickness, allergic reactions, choking, injuries and death. Participant’s participation in the Tour is at Participant’s sole risk. Participant understands that homes may not meet building standards and may have other problems, hazards and/or defects. Participant, on behalf of Participant and Participant’s successors in interest, hereby forever and unconditionally releases the Company, its owners, officers, employees, homeowners, agents, and insurers (collectively, “released parties”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) in any way arising out of, or resulting from, Participant’s participation in the Tours, including, without limitation, any and all claims, actions, and liabilities for death, injury, loss or damage of property, regardless of whether or not such injury, loss or damage was caused by the negligence or willful conduct of the Company or any of the released parties. Participant’s release includes, but is not limited to, harm that may be attributable to, or in any way arise from, Participant’s own conduct, behavior or history of pre-existing conditions or dispositions. Participant also agrees that Participant is financially responsible for any and all medical treatment required as a result of any such harm. Participant, on behalf of Participant and Participant’s successors in interest, further agrees to defend and indemnify the Company and the released parties harmless, from any and all liabilities, claims, actions, damages, expenses (including, without limitation, attorney’s fees) and losses of any kind of nature whatsoever in any way arising out of, or resulting from, Participant’s participation in the Tour.
4. Participant agrees to pay any and all costs, fees, expenses and charges arising from any act or conduct of Participant that results in damage, theft or injury to any person. Participant further agrees to indemnify and hold Company harmless from and against any such act or conduct.
5. Participant grants to Company, including Company’s successors and assigns, the right and authority to use Participant’s name, likeness, photograph and/or picture from the Tours for any and all commercial or non-commercial purposes now known or later developed in perpetuity throughout the universe without further obligation or compensation to Participant.
6. This Waiver and Release of Claims constitutes the entire agreement and understanding between Participant and the released parties, and cancels, terminates and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Waiver and Release of Claims.
7. Company reserves the right to make changes or substitutions in order to meet unexpected situations. Company reserves the right to cancel the Tour, if deemed necessary for reasons including insufficient program participation and circumstances beyond Company’s control, such as strikes, lockouts, riots, wars, whether declared or undeclared, hostilities, civil disturbances, acts of God, acts of governments or other authorities, thefts, pilferage, epidemics, quarantines, custom regulations, delays, or cancellations of or changes in itinerary or schedules or from any causes beyond Company’s control. In such event, Company shall have no responsibility, beyond the refund of monies paid to Company by the Participant. A refund shall be made to Participant, within thirty (30) days, by means of a company or bank check.
8. Any modification of this agreement shall be effective only if it is in writing and signed by the party to be charged. The failure of either party to insist on strict compliance with any provision of this agreement by the other party shall never be deemed a waiver of such provision. If any provision of this agreement is held to be invalid, the remaining provisions shall nevertheless continue in full force and effect. Should Participant breach this agreement, Participant shall be liable to Company for all losses, claims, resulting from such breach, including any legal or other expenses reasonably incurred in investigating, defending against or bringing suit based upon any such loss, claim or damage. This agreement shall be governed by and construed in accordance with the laws of the State of Ohio. This agreement shall be binding upon and inure to the benefit of the parties hereto, their respective representatives, executors, administrators, heirs, successors and permitted assigns.
9. All judicial proceedings against any party hereto arising out of or relating to this agreement will be brought in a state court of competent jurisdiction in the County of Cuyahoga, State of Ohio. By execution and delivery of this agreement each party accepts for itself, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts, waives any defense of forum non conveniens and irrevocably agrees to be bound by any judgment.