HALF MOON BAY FOOD WALKING TOUR - WAIVER AND RELEASE OF LIABILITY

PLEASE READ CAREFULLY BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.

By signing this Waiver and Release of Liability (the “Waiver”), I, the undersigned (the “Participant”), acknowledge and agree to the following terms and conditions for participation in the Feast on Flavors, Explore on Foot! food walking tour (the “Tour”) organized by HMB Food Walking Tour c. (the “Company”) in Half Moon Bay, California.

1. Acknowledgement of Risks:

I understand that participation in the Tour involves certain inherent risks, including but not limited to:

• Walking on various surfaces, which may be uneven, wet, slippery, or poorly maintained, leading to potential slips, trips, and falls.

• Exposure to weather conditions, including but not limited to rain, wind, sun, and temperature variations.

• Consumption of food and beverages from various establishments, which may contain allergens or cause allergic reactions, foodborne illnesses, or other health issues.

• Interactions with other pedestrians, vehicles, and the general public.

• Minor injuries such as scrapes, bruises, and muscle strains.

• The risk of contracting illnesses through contact with others or contaminated surfaces.

I voluntarily assume all such risks and understand that the Company cannot eliminate all hazards associated with the Tour.

2. Assumption of Responsibility:

I acknowledge that I am participating in the Tour voluntarily and of my own free will. I assume full responsibility for my own safety and well-being during the Tour. I understand that it is my responsibility to be aware of my surroundings and to exercise reasonable care for my own safety.

3. Release of Liability:

To the fullest extent permitted by law, I hereby release, waive, discharge, and covenant not to sue the Company, its owners, officers, directors, employees, agents, volunteers, and partner establishments (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, causes of action, losses, damages, or expenses of any kind whatsoever, whether known or unknown, arising out of or in any way connected with my participation in the Tour, including but not limited to any injury, illness, death, or property damage, even if caused by the negligence of the Released Parties.   

4. Allergies and Dietary Restrictions:

I understand that the Company will make reasonable efforts to accommodate any allergies or dietary restrictions I have disclosed. However, I acknowledge that the Company is not directly preparing all the food and beverages consumed during the Tour and relies on the information provided by partner establishments. I am responsible for informing the Company of any allergies or dietary restrictions prior to the Tour and for taking necessary precautions during the Tour. I understand that the Company cannot guarantee that all food and beverages will be completely free of allergens.

5. Emergency Medical Treatment:

In the event of an accident or illness, I authorize the Company to arrange for necessary medical treatment for me at my expense.

6. Photo/Media Release (Optional):

I hereby grant the Company the irrevocable right and permission to photograph, videotape, and otherwise record me during the Tour and to use my image, likeness, voice, and statements in any and all media, including but not limited to websites, social media, and promotional materials, without any further consent from or payment to me. I understand that all such recordings and materials shall be the sole property of the Company.

7. Entire Agreement:

This Waiver constitutes the entire agreement between the Participant and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.   

8. Governing Law:

This Waiver shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.   

9. Severability:

If any provision of this Waiver is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.   

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND UNDERSTAND THIS WAIVER AND RELEASE OF LIABILITY AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.   

If participant is under 18 years of age: