WAIVER AND RELEASE NOTICE

By purchasing tickets for and/or participating in the food tasting and cultural walking tours offered by Rochester Food Tours, LLC dba Rochester Food Tours (the “Company”), and in consideration of being allowed to purchase said tickets, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, said purchaser/tour participant (the “Participant”) understands, acknowledges represents, warrants and  agrees as follows, with the knowledge that the Company will rely on same:

1. Tour participant desires to participate in the food tasting and cultural walking tours offered by the Company (the “Tours”).

2. Tour participant is in good health and suffers from no minor or  serious physical or mental injury, illness or disability that would make  Participant especially susceptible to injury or disability while  performing any activity contemplated by this Waiver and Release of  Claims.

3. Tour participant fully comprehends and accepts all of the risks  associated with his/her participation in the Tours including, without  limitation, exposure to unfavorable weather conditions, food sickness,  injuries (e.g., without limitation, those arising out of self-inflicted  accidents or mishaps, other participants, automobiles, pedestrians and  the like) and death.

4. Tour participant grants to Company and Company’s assigns the  irrevocable, sub-licensable right and authority to use Participant’s  name, likeness, photograph and/or picture 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.

5. PARTICIPANT’S PARTICIPATION IN THE TOURS IS AT PARTICIPANT’S OWN  SOLE RISK. PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR  ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, HEREBY FOREVER AND  UNCONDITIONALLY RELEASES THE COMPANY, AND ANY AFFILIATED ENTITIES,  PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS,  OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS,  SHAREHOLDERS AND DIRECTORS OF THE FOREGOING (INCLUDING, WITHOUT  LIMITATION, SHANE KOST, ZERVE INC., SIGNATURE DAYS LLC, ALCATREZ MEDIA  INC., EXCITATIONS LLC, TOURCORP.COM INC., AND LOOKTOURS.COM LLC)  (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, ACTIONS,  DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES 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 TO PARTICIPANT, TO ANY ONE  ELSE, OR TO ANY 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, ON BEHALF OF  HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF  PARTICIPANT, FURTHER AGREES TO DEFEND AND INDEMNIFY THE RELEASED  PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS, FROM ANY AND ALL  LIABILITIES, CLAIMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT  LIMITATION, ATTORNEY’S FEES) AND LOSSES OF ANY KIND OR NATURE WHATSOEVER  IN ANY WAY ARISING OUT OF, OR RESULTING FROM, PARTICIPANT’S  PARTICIPATION IN THE TOURS.

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. None of the provisions of this Waiver and Release of Claims can  be waived or modified except expressly in writing signed by Participant  and the party against whom the waiver or modification is sought to be  enforced. Failure of any of the Released Parties to enforce any of their  rights hereunder at any time shall not act as a waiver to enforce their  rights under this Waiver and Release for same or similar acts at any  subsequent time.

 

ASSUMPTION OF RISK, LIABILITY RELEASE AND CONSENT TO USE OF LIKENESS

 

ROCHESTER FOOD TOURS, LLC

I, the undersigned Participant, hereby assume all of the risks associated with my participation in ROCHESTER FOOD TOUR, LLC’s food tours and related activities (collectively, the “Tour”). I understand that the Tour will include physically walking to various locations and sampling foods and beverages.  I agree to inform ROCHESTER FOOD TOURS, LLC of any restrictions that affect me before starting the Tour, including, without limitation, food allergies.  My participation in the Tour is purely voluntary, and I elect to participate with full knowledge and understanding of the potential risks.

 

In consideration of ROCHESTER FOOD TOUR, LLC’s permitting me to participate in the Tour, I, for myself and my heirs, successors and assigns, agree to release and discharge ROCHESTER FOOD TOUR, LLC’s, and its agents, members, governors, managers, employees, volunteers, participants, and staff, and their successors, assigns and heirs from any and all damages, claims and causes of action, of whatsoever kind or nature, both present and future, resulting from, occasioned by, arising out of, or related to my participation in the Tour, including, without limitation, damages, claims and causes of action caused by ROCHESTER FOOD TOUR, LLC’s negligent acts or omissions.

 

I further agree to indemnify and hold harmless ROCHESTER FOOD TOURS, LLC, and its and its agents, members, governors, managers, employees, volunteers, participants, and staff, and their successors, assigns and heirs from any and all liabilities or claims made by other individuals or entities resulting from my actions while participating in the Tour, including, but not limited to, any and all related expenses, including attorneys’ fees, incurred by ROCHESTER FOOD TOURS, LLC, and its and its agents, members, governors, managers, employees, volunteers, participants, and staff, and their successors, assigns and heirs.

 

Further, I give my permission to use my name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings or digital images, taken or made on behalf of ROCHESTER FOOD TOURS, LLC.  I agree that ROCHESTER FOOD TOURS, LLC has complete ownership of such pictures, photos, video recordings or digital images, including the entire copyright, and ROCHESTER FOOD TOURS, LLC may use such pictures, photos, video recordings or digital images for marketing and promotional purposes, whether print or
digital, including, but not limited to, use on ROCHESTER FOOD TOURS, LLC’s website, Facebook page and other social media sites.  I acknowledge that I will not receive any compensation for the use of such pictures, photos, video recordings or digital images and hereby release ROCHESTER FOOD TOURS, LLC and its agents, members, governors, managers, employees, volunteers, participants, and staff, and their successors, assigns and heirs from any and all claims which arise out of or are in any way connected with such use.