So Diego Tours Waiver
Participant, by buying a ticket and in consideration of being permitted to participate in So Diego Tours’ event(s) and for other valuable consideration, receipt of which is hereby acknowledged, warrants that he/she is sufficiently healthy to participate in the event(s) and does hereby release, agree to hold harmless, and indemnify So Diego Tours and its owners, employees and/or agents, and host venues, from any and all claims related to participation in the event(s), including without limitation any claims of damages (of any type, whether incidental, consequential and/or punitive) relating to negligence or willful misconduct before, during or after any program event(s). The undersigned Participant acknowledges that he/she comprehends and assumes all risk associated with participation in the event(s), including without limitation food sickness, allergies, health issues, theft of or damage to Participants property, transportation (both failure of transportation and injury during transportation due to any cause), weather and any injuries, death or damages caused thereby. Participant acknowledges that the event(s) are conducted at independent restaurants and/or venues not owned or controlled by So Diego Tours and So Diego Tours cannot guarantee or insure the performance of any vendors, nor can weather conditions be guaranteed to be favorable. If alcohol is served at any of the venues, Participant is responsible for and accepts full responsibility for complying with California law regarding consumption of alcohol, and if consuming alcohol, monitoring and/or limiting his/her alcoholic beverage intake. Participant is responsible for his/her own transportation to and from the start and end points of the event(s). So Diego Tours and the host restaurants/venues are hereby released of any liability for damages to Participant or any other person or entity caused in whole or in part by Participant’s consumption of any item, including without limitation, alcohol.
For no additional consideration Participant also gives the So Diego Tours a worldwide transferable irrevocable license to use Participant’s likeness and/or photographs (film, digital or video) of participant for the limited purpose of promoting future events and/or obtaining press coverage of event(s).
This release and waiver constitutes the entire agreement between Participant and So Diego Tours and no modification of it shall be made or be enforceable except by a written agreement signed by both the Participant and So Diego Tours. This agreement shall be controlled by California law and any claims related to participation in a So Diego Tours event(s) shall be subject to binding arbitration conducted in San Diego, California, pursuant to the rules of the American Arbitration Association.
