RELEASE, WAIVER OF LIABILITY, and ASSUMPTION OF RISK

Agreement between Customer and Explorer Tours, LLC

 

PLEASE READ THIS RELEASE, WAIVER OF LIABILITY, and ASSUMPTION OF RISK,

AS WELL AS OUR TERMS OF WEBSITE USE AND RELATED PRIVACY POICY

BEFORE OBTAINING ANY SERVICES PROVIDED BY EXPLORER TOURS, LLC

 

Explorer Tours, LLC, a Virginia limited liability company (the “Company”), offers several services to its customers as part of its historical and alcohol tasting tours. These services, which can include but are not limited to sightseeing and alcohol tasting tours, are offered to you conditioned upon your acceptance of this Release, Waiver of Liability, and Assumption of Risk Agreement (the “Agreement). Please read these terms carefully.

 

This Agreement is made by and between the you (the “Customer) in favor of the Company, its directors, employees, and agents. This Agreement and its terms shall be in effect from the date that services are obtained by the Customer from the Company.

1.     Services.

 

a.      The Company agrees to provide shuttle transportation services to the Customer for the purpose of visiting historical sites near and around the Virginia Peninsula, including but not limited to the cities of Williamsburg, Jamestown, and Yorktown (the “Services”). Said Services shall include but not be limited to picking up the Customer from a designated location, transporting the Customer to various sightseeing locations and/or local breweries/wineries, providing safe and comfortable transportation, and returning the Customer back to a pre-designated drop-off site. Any scheduling for the Services, including the shuttle pick up and drop off times, as well as the locations to be visited, shall be identified in advance by the Company prior to each specific trip.

 

b.     Prior to partaking in the Services, the Customer agrees to pay in full to the Company the fees for said Services, as identified on the Company’s website: etoursva.com & explorertoursva.com. Notwithstanding the force majeure clause below, the Customer further agrees to abide by the Company’s cancellation policy, which provides that no refunds shall be issued by the Company to the Customer less than forty-eight (48) hours prior to the scheduled Services.

 

2.     Release and Waiver.

 

a.      The Customer does hereby release and forever discharge, hold harmless, and indemnify the Company and its successors and assigns from any and all liability claims and demands of whatever kind of nature, either in lay or in equity, which arise or may hereafter arise from the Services offered by the Company. The Customer understands that this release discharges from any liability or claim that the Customer may have against the Company with respect to any bodily injury, personal injury, illness, death, or property damage that may result from participation in the Services, unless said claim was caused by the Company’s gross negligence or willful malfeasance. The Customer also understands that the Company does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical health, or disability insurance in the event of injury or illness.

 

3.     Assumption of the Risk.

 

a.      The Customer understands that the Services include activities that may be dangerous or hazardous to the Customer, including but not limited to alcohol consumption. The Customer hereby expressly and specifically assumes the risk of injury or harm in the Services and releases the Company form all liability for injury, illness, death, or property damage resulting therefrom. The Customer further agrees that neither the Company nor its officers, members, managers, directors, contractors, vendors, partners, or other agents shall be held liable for personal injury, death, or damage, unless caused by the Company’s gross negligence or willful malfeasance.

 

b.     The Customer agrees to be responsible for his or her own actions, safety, and welfare, and further understand that, as a member of a group, the Customer shall conduct his or herself in a way that does not endanger the Customer or the group.

 

4.     Transportation and Sightseeing.

 

a.      The Customer hereby acknowledges that the Services specifically involve transportation by shuttle bus and accepts the inherent risks associated. The Customer acknowledges that he or she does not have a medical condition that would prevent the Customer from utilizing a shuttle bus or result in any harm or injury to the Customer as a result of using a shuttle bus. The Company shall exercise ordinary and reasonable care in the operation of the shuttle bus; however, the Company shall assume no responsibility, nor does it grant any express or implied warranties relating to other third parties, including drivers of other motor vehicles.

 

b.     The Customer agrees to be responsible for any and all damage to the shuttle bus that is caused by the Customer, including any and all Company fees for clean-up, rips and tears, or other damage. Said fees can be found on the Company’s website.

 

c.      The Customer agrees to be responsible for his or her person and belongings, and acknowledges that the Company shall in no event be held responsible for any loss, theft, or damage to any personal property brought by the Customer in accessing the Services.

 

5.     Alcohol.

 

a.      The Customer understands that the Services may include stopping at locations for, amongst other things, the consumption of alcohol. Customer hereby assumes the risks associated with alcohol consumption and takes full responsibility for Customer’s own actions, safety, and welfare when under the influence of alcohol. The Customer acknowledges and agrees to consume alcohol responsibly and in compliance with all applicable laws and regulations during any brewery or winery visits. Excessive alcohol consumption or any behavior that disrupts the safety or enjoyment of the Company’s services will not be tolerated.

 

b.     All individuals consuming alcoholic beverages during the brewery or winery visits must be of legal drinking age as defined by the laws of the Commonwealth of Virginia, twenty-one (21) years old. The Company reserves the right to verify the age of the Customer prior to any tours involving alcohol consumption.

 

c.      The Company reserves the right to refuse services or to remove any Customer from the shuttle bus if the Customer, in the Company’s sole discretion,  is deemed to be intoxicated or engaging in disruptive behavior that may compromise the safety or the enjoyment of the group in accessing the Company’s services.

 

6.     Photographic Release.

 

a.      The Customer does hereby grant and convey unto the Company all rights, title, and interest in any and all photographic images and video or audio recordings made by the Company during the Customer’s use of the Services, including but not limited to any royalties, proceeds, or other benefits derived from such photographs or recordings. The Customer does hereby grant the Company permission to use the Customer’s likeness in photograph, video, or other digital media in any and all of its publications, including web-based publications, without payment or other consideration.

 

7.     Indemnification

 

a.      The Customer hereby agrees to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising the Customer’s use of and participation in the Services, as well as any claims for bodily injury, wrongful death, bodily injury, or other damage brought by Customer, Customer’s heirs, successors, assigns, spouse, family, or legal counsel, except to the extent that said claims arise out of the Company’s gross negligence or willful malfeasance. The Customer agrees that under no circumstances shall the Company be liable for any consequential, special, indirect, incidental, exemplary or punitive damages of any kind or nature whatsoever, regardless of whether arising from breach of contract or tort, even if the Company was advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen by the Company.

 

 

 

8.     Force Majeure.

a.      Performance by the Company shall be pursued with due diligence. However, except as otherwise expressly provided herein, the Company shall not be liable to the Customer for any loss or damage for delay due to causes that (i) were beyond the reasonable control of the Company and (ii) were not caused by the negligence or lack of due diligence of the Company. The parties agree that, provided the conditions stated in (i) and (ii) above apply, the following are causes or events of force majeure: acts of civil or military authority (including courts and regulatory agencies), acts of God (excluding normal or seasonal weather conditions), war, riot or insurrection, inability to obtain required permits or license, pandemics, and severe flooding. The Company shall promptly provide written notice to any affected customers indicating the nature, cause, date of commencement thereof, the anticipated extent of such delay, and whether it is anticipated that any Services will be affected thereby, and shall exercise due diligence to mitigate the effect of the delay. The Company shall refund any customer payments made if the Company cannot fulfill the Services for the Customer due to reason of an event outlined herein.

 

9.     Miscellaneous.

 

a.      The Customer expressly agrees that this Agreement is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Virginia and that this Release shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia.

 

b.     The Customer hereby consents to the jurisdiction and venue in the appropriate court in the Commonwealth of Virginia for any and all causes of action that arise related to this Agreement or the Services.

 

c.      The Customer agrees that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement, which shall continue to be enforceable.

 

d.     In the event of a dispute or litigation, the prevailing party shall be entitled to recover all attorneys’ fees and costs.

 

BY ENAGING TO UTILIZE THE SERVICES DESCRIBED HEREIN,  CUSTOMER AGREES THAT THEY HAVE HAD THE OPPORTUNITY TO READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND HAVE SIGNED IT FREELY, INTENDING IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT OF APPLICABLE LAW