Waiver and Release, Consent to Medical Attention, and Grant of Rights
By purchasing vouchers or tickets for and/or participating in food tours, cooking classes, culinary experiences and all other events and activities (“Event”) offered by Taste of Casablanca, operating under Turben, LLC (the “Company”), said purchaser/event participant on his/her own behalf as well as those in his/her booking party (hereinafter individually and collectively referred to as the “Participant”) understands, acknowledges represents, warrants and agrees that Participant 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. Participant understands and confirms that participation in the Event is voluntary, and that the Participant is in good health and suffers from no physical or mental condition that would make Participant especially susceptible to injury or disability while participating in the Event.
- Comprehension of Risk. Participant fully comprehends and accepts all of the risks associated with participation in the Event 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. Participant understands that the Event may take place in public venues or other spaces under conditions largely beyond the Company’s control.
- Assumption of Risk. Participant assumes all risks, known and unknown, foreseeable and unforeseeable, in any way connected with participation in the Event. Participant accepts personal responsibility for any liability, injury, loss, or damage in any way connected with participation in the Event.
- Release of Liability; Limitation of Damages. Participant hereby forever and unconditionally releases the Company 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 participation in the Event, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. The Company’s liability to Participant will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall Participant’s damages in connection with participation in the Event be greater than $500. Recovery of such amount shall be Participant’s sole and exclusive remedy. All liability arising out of participation in the Event is cumulative and not per incident. In no event shall the Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if the Company has been informed of the possibility thereof.
- Indemnification. Participant agrees to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of participation in the Event.
- Binding Effect. This Waiver shall be binding upon Participant’s next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of the Company, its successors and assigns.
- Consent to Medical Treatment. Participant authorizes Company to provide to Participant, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon the Company 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. Participant hereby grants to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of Participant’s participation in the Event, in which Participant may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). The Company 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’). Participant agrees that the Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. Participant further grants to the Company an irrevocable, royalty-free, worldwide license to use Participant’s name, age, and hometown in connection with the Material and the Works.
THIS IS A WAIVER AND RELEASE OF LIABILITY. BY PURCHASING A TICKET FOR AND/OR PARTICIPATING IN THE EVENT, PARTICIPANT REPRESENTS THAT PARTICIPANT HAS READ THIS ENTIRE DOCUMENT. PARTICIPANT UNDERSTANDS THAT PARTICIPANT HAS GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE EVENT, PARTICIPANT IS INDICATING VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY. PARTICIPATION IN THE EVENT 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.