WAIVER AND RELEASE OF CLAIMS
Coco Culinary Tours is a trading name for Halo Moon LLC.
BY PURCHASING TOUR TICKETS FROM Coco Culinary Tours, YOU AGREE TO THE FOLLOWING:
By participating on the tours conducted by Coco Culinary Tours, you have read, understood and agreed to the Company’s WAIVER AND RELEASE OF CLAIMS
Cancellation Policy: All tickets sold are non-refundable as your space is guaranteed at the tours. We may be able to offer alternative days to attend depending on availability. If you have purchased extra tickets by mistake or bank error, we need to notified within 24 hours of the purchased ticket to qualify for a refund. No refund will be issued on the day or after your tour. When we may be forced to cancel a tour due to not meeting the minimum number of 6 participants to conduct a tour, weather conditions or other circumstances, your ticket will be refunded in full. Checking in: During automated purchase process with our third party booking system, you must review all booking details. We check in attendees: Hand the printed voucher or show voucher on your phone to tour guide. Arriving late: Please note that tour guides are not allowed to wait for guests arriving late. Please make sure to make the necessary arrangements to arrive at least 5 minutes prior to the tour. We are on a tight schedule with all the venues we visit. Please note that tour vans and other forms of transport can be delayed or cancelled. So please check before you travel to make sure your route will be free. We cannot be held responsible for delays from public transport or other delays in your travel time that may make you late for our tours.
Minimum participants: please note that we conduct the tours with a minimum of 6 people. If the minimum is not met, we may cancel the tour and give alternative days to attend and/or refund the tickets.
Weather Conditions: We conduct tours rain or shine unless we feel the tour would be unable to run if the weather is extreme. You are advised to carry an umbrella and dress appropriately for weather conditions. If the tour started, and in the event of severe lightning or weather, your tour guide will suspend the tour at his/her discretion. If tour was suspended, you will be reimbursed for partial or full price of ticket depending on the time the tour was suspended. If the tour is suspended at the beginning of the tour, you will receive full payment. If tour guide did not suspend the tour but you do not want to continue with the tour due to rain, you will not get reimbursed for the ticket(s). You are responsible for yourself and your own safety.
WAIVER AND RELEASE OF CLAIMS A
Dietary restrictions: If you have any dietary restrictions whatsoever please contact the tour manager before booking to see if it is possible to accommodate.
Coco Culinary Tours is not responsible for the foods or beverages consumed on its tours. Coco Culinary Tours acts solely as agent in arranging tours, transportation, venue visits and other services and does not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization or person engaged in transporting passengers, rendering service, or carrying out arrangements for any tour or by the act of default of any restaurant or shop or its employees. Please refer to Waiver of Liability that you must accept during the ticket purchasing process.
Right to Distribute Media: You agree to grant the Company an irrevocable royalty-free worldwide license to use photos and videos taken on its food tours in which you may appear. The Company has the right to reproduce, distribute, broadcast, exhibit, edit, digitize or in any other way use the Material by any means and in any form of media, whether existing now or created later, without restriction worldwide, by incorporating the Material into its website, catalogs, books, brochures, magazines or any other publications, or any informational, commercial, promotional or advertising material (henceforth known collectively as the “Works”). You agree that the company is and shall be the exclusive owner of all title, rights and interest in the Material and the Works, including copyright thereof.
Waiver and Release of Claims Notice
Coco Culinary Tours Waiver and Release, Consent to Medical Attention, and Grant of Rights In consideration of being allowed to purchase tickets for and/or participate in the event and/or tour offered by Coco Culinary Tours (the “Company”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the purchaser/tour participant (“Participant”). Participant understands, acknowledges, represents and warrants the following to the Company, with the knowledge that the Company will rely on the same. If the participant is not yet 18 [eighteen] years old, a parent or legal guardian (individually and collectively referred to below in the first person singular) has agreed 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”) :
1. Participant desires to participate in the food tasting, drinking of alcohol, and cultural walking tours offered by the Company (the “Tours”).
2. Participant is in good health and suffers from no 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. Participant fully comprehends and accepts all of the risks associated with his/her participation in the event and/or tour including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, motor vehicles, pedestrians and the like) and death. Participant understands that the Tours take place in public venues under conditions largely beyond Company’s control.
4. Participant agrees to assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with participation in the Tours. Participant accepts personal responsibility for any liability, injury, loss, or damage in any way connected with participation in the Tours.
5. 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 Tours.
6. Participant agrees that this waiver shall be binding upon participant’s next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.
7. Participant authorizes the Company to provide through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services.
8. Participant grants to the Company and the Company’s successors the unrestricted right and permission to copyright and use photographic pictures, portraits, video footage and/or audio recordings, of their participation in the Tours, in which the participant may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). 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, brochures, books, publications, catalogues, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works”). Participant agrees that 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 Company and the Company’s successors an irrevocable, royalty-free, worldwide license to use the participants name, age, and hometown in connection with the Material and the Works.
9. PARTICIPANT’S PARTICIPATION IN THE TOURS IS AT PARTICIPANT’S OWN SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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, COCO CULINARY TOURS, HALO MOON LLC , (COLLECTIVELY, THE “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, COURT COSTS AND REASONABLE 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 TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. 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.
11. 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.
12. 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.
13. This Waiver and Release of Claims shall be governed by and construed in accordance with the laws and decisions of Guanacaste, Costa Rica as applied to agreements entered into and fully performed within Costa Rica. The courts sitting in San Jose, Costa Rica shall retain the exclusive jurisdiction over any disputes arising under or related to this Waiver and Release of Claims, and Participant expressly consents to the personal jurisdiction of same. No action may be brought against the Company as a class action.
14. Participant understands that by providing their email address they are agreeing to receive occasional offers and news from Coco Culinary Tours. At any point the participant may unsubscribe from any email by simply clicking the unsubscribe link located at the bottom of any email.
THIS IS A WAIVER AND RELEASE OF LIABILITY. PARTICIPANT HAS READ THIS ENTIRE DOCUMENT. PARTICIPANT UNDERSTANDS THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE EVENTS, INDICATING THE PARTICIPANTS VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY.
PARTICIPATION IN THE EVENTS BY A PERSON WHO IS NOT YET 18 [EIGHTEEN] YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.