Please review and fill out the following form in order to participate in your activity.
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GENERAL TERMS AND CONDITIONS
PLEASE READ THIS CAREFULLY​
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All guests must be of legal drinking age.
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You have the right to have this agreement reviewed by legal counsel.
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We kindly ask that you do not consume alcohol or drugs prior to the tour.
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Anyone who shows signs of intoxication, or being impaired, or under the influence of any substance at the start of, or during, the tour may be removed from the tour at their own expense and no refund will be provided.
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Consumption of alcohol in the vehicle is not permitted.
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Consumption of outside alcohol that is not made available on the tour is strictly forbidden and will result in immediate removal from the tour. No refund will be provided.
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This tour contains alcohol and is educational in nature. This is not a 'party bus' and you will act accordingly at all times.
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WAIVER OF LIABILITY​
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1. Assumption of Risk.
I understand that YYCTOURS is acting solely as an agent in arranging brewery/winery/distillery tours (hereinafter the "Tour"), transportation, venues, and other services and does not assume liability for accidents, delays, injuries, loss or damage due to any act or default of YYCTOURS, or any company that the YYCTOURS visits. I acknowledge my participation in the Tour provided by YYCTOURS is voluntarily and at my own risk. I understand that I voluntarily ASSUME FULL RESPONSIBILITY for any risk of loss, personal injury, including death, that may be sustained by me and any loss or damage to property owned by me, as a result of participation in the Tour, whether caused by the negligence of the Staff (as defined in section 4) or otherwise, to the fullest extent allowed by law.
2. Consumption of Alcohol.
I acknowledge that the Tour may involve the consumption of alcohol. I represent and warrant to YYCTOURS that I am over the legal drinking age of 18. I fully understand that there may be consumption of alcohol during and/or after the Tour at any brewery /winery /distillery /restaurant visits along the Tour either by me or other participants on the Tour. I understand and acknowledge the potential risks and dangers associated with the consumption of alcohol. I am aware that this activity includes the risk of injury and even death, and I hereby elect to voluntarily participate, knowing that it may be hazardous to my property and me. I understand that YYCTOURS does not require me to consume alcohol to participate in the Tour. I also acknowledge that it is my responsibility NOT TO BECOME INTOXICATED during the Tour, and that YYCTOURS is not responsible if I become intoxicated. I take full responsibility for any liability associated with my intoxication, during or after the Tour. I acknowledge that YYCTOURS assumes no liability for injuries that may occur to me or others, and no liability for any civil or criminal violation or damages that may be assessed against me as a result of my being intoxicated before, during or after the Tour.
3. Risk of Tour.
I understand the Tour may involve walking on unfamiliar corridors, gangways, stairways and driveways, getting in and out of vehicles, and/or crossing busy public streets. I further understand the Tour may be conducted near heavy machinery, loud equipment, caustic chemicals and offensive odors, and I hereby accept any risk of tripping, falling or slipping before, during, or after a Tour.
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I understand I am to remain seated when in the Tour vehicle. Any standing, walking, or dancing while in the Tour vehicle is not permitted and is done at my own risk. With this knowledge, I voluntarily assume full responsibility for the risks of touring under the influence of alcohol and for my behavior, and for the well-being and health of myself and others during the Tour. I agree not to hold YYCTOURS, its Staff, or the hosting brewery /winery/ distillery/ or any facility on the Tour liable in any way should any harm come to me.
4. Waiver of Claims and Release of Liability.
I AGREE to WAIVE ANY AND ALL CLAIMS I MAY HAVE NOW OR IN THE FUTURE, RELEASE FROM ALL LIABILITY AND AGREE NOT TO SUE YYCTOURS its members, agents, representatives, employees or tour guides (collectively referred to as “Staff”) for any death, personal injury, property damage, or loss sustained by me as a result of participation in the Tour or while traveling to and from the Tour due to any cause whatsoever, including without limitation, negligence on the part of YYCTOURS its Staff, Tour partners and visited venues, or other participants. I further agree that if I violate this agreement and attempt to bring suit against any parties named herein, that lawsuit must be brought in Calgary and under the laws of Alberta. I agree that I will also be held responsible for attorney’s fees and costs incurred by any party, including YYCTOURS in defending such action.
5. Indemnification.
I AGREE TO INDEMNIFY AND HOLD HARMLESS the Staff from any loss, liability, damage, or costs, including court costs and attorneys’ fees that Staff may incur due to my participation in the Tour, whether caused by negligence of Staff or otherwise, to the fullest extent allowed by law.
6. Medical Declarations.
I represent that (1) I do not have, or am not aware of, any medical condition(s) including pregnancy, that may impact my participation on this tour and (2) I do not take any medications that would result in any injury or damage to me or any other person(s) as a result of participating on this tour including consumption of alcohol. I understand that it is my obligation to disclose to YYCTOURS any medical conditions, including pregnancy, and any medications that would result in any injury or damage to me or any other person(s) as a result of my consumption of alcohol.
7. Accident Coverage.
I acknowledge that it is my responsibility to provide for my own accident and health coverage while participating in the Tour and while transporting myself to and from the Tour; accident and health coverage is not provided by YYCTOURS.
8. Illegal Activity and Behaviour.
I agree that if YYCTOURS staff finds or suspects that I am participating in any illegal activity, including but not limited to the consumption of illegal narcotics, disorderly conduct, verbal/physical abuse, or acting in any way contrary to the Terms and Conditions of this waiver, during a Tour, YYCTOURS reserves the right to terminate my participation on the Tour immediately. I acknowledge that YYCTOURS has the right to terminate my service regardless of location without return to point of pick up. Upon termination of service, I agree that I am liable for the entire balance of service. I acknowledge that this Agreement releases YYCTOURS from any liability at the time of termination.
9. Right of Publicity License.
I agree to grant YYCTOURS a worldwide and everlasting, royalty-free license to use my photographic, video, or digital likeness solely for promotional, marketing, or other commercial purposes.
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Note, you may request to be excluded for any photos.
10. Damage.
I understand that any damage occurred as a result of myself, or my actions, related to or resulting in damage to the Tour vehicle, Tour venues, or YYCTOURS property will be subject to additional payment for any required maintenance due within 10 days of the incident.
Bodily Fluid in the Tour vehicle is subject to an immediate $200 clean up fee to be charged on the credit card of the person who booked your Tour for my group, and the Tour will halt immediately so that I can clean up the fluids and until such time as YYCTOURS can have the vehicle detailed. Any time lost on the Tour will not be compensated.
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Excessive waste, refuse, large spills, and things such as glitter bombs, confetti, streamers or silly string is subject to a $50-$100 dollar clean up fee.
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11. Acknowledgment.
I understand that the permission to participate on the Tour is being given to me in exchange for the execution of this Release and Waiver of Liability Agreement. I understand this is a release of liability, which will legally prevent me or any other person from filing suit or making any other claims for damages in the event of personal injury, death, or property damages.
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