Waiver and Release of Claims
With respect to the purchase of tickets from SOBE Miami Golf Cart Tours (henceforth referred to as ‘the Company’), I, understand and agree to the following Waiver and Release of Claims.
I release the Company from all liability, damages or costs that might arise from participation in the art tour involved, from participation in activity involved and from any consequence involved in my (their) participation including travel to and from the event.
I agree to be bound by the under-noted conditions of this waiver and release of liability, limitation of damages, indemnification from claims, consent to medical attention and treatment and grant of rights (“Waiver”):
1. Release SOBE Miami Golf Cart Tours from Liability
I hereby forever and unconditionally release the Company, SOBE Miami Golf Cart Tours, plus any affiliated entities or subsidiaries, current and former employees, officers, members, owners, managers, contractors, partners, directors, shareholders or insurers (referred collectively to as the ‘Released Entities’) from any and all actions, claims, damages losses, costs liabilities and expenses, including attorney’s fees without limitation, for any loss or damage of property, injury or death that arises in any way out of my participation in the art tours including, without limitation, any and all claims arising from the negligence of the ‘Released Entities’.
2. Limitation of Damages
The liability of the Company to me will be limited to actual damages caused by the gross negligence or willful misconduct of the Released Entities while performing their duties and responsibilities hereunder, provided that my damages in connection with my participation in the art tours shall not under any circumstances exceed the sum of $500. My sole and exclusive remedy shall be recovery of that sum not exceeding $500. All liability arising out of my participation in the Art Tours shall be cumulative and not by each individual instance. The Company shall in no way be liable for any incidental, consequential, punitive or special damages or any other form of direct or indirect damages even if the Company has been informed of the possibility thereof.
3. Indemnity from Claims
I agree defend and indemnify the Released Entities previously defined from all claims of any kind incurred as a result of my participation in the art tours.
4. Consent to Medical Treatment
I hereby authorize the Company to provide me with customary medical treatment, assistance, transportation and emergency medical treatment by means of medical personnel or services of its choice, although this consent does not imply that the company has a duty to offer such assistance, services or transportation.
If for any reason any provision of this waiver is declared to be unenforceable or invalid, the enforceability and validity of the remaining provisions shall remain unaffected. The provision declared unenforceable or invalid shall be deemed modified as to render it enforceable and valid. If no modification is possible to render it enforceable and valid, then this waiver shall be considered as if such a provision was not included, and the obligations and rights of the parties concerned shall be construed and enforced accordingly.
6. Governing Law and Venue
In every respect, this waiver shall be governed by the laws of the State of Florida, without regard to any conflict of principles of law. Venue shall be in Miami-Dade County.
7. Release of Promotional Materials
I hereby grant the Company the unrestricted right and permission to copyright and use of pictures, photographic portraits, audio and/or video recordings of my participation in the art tours in which I may be included in part or intact. This includes any negatives, transparencies, prints or digital information that is relevant to such portraits (henceforth known as the “Material”).
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, catalogues, books, brochures, magazines or any other publications, or any informational, commercial, promotional or advertising material (henceforth known collectively as the “Works”). I agree that the company is and shall be the exclusive owner of all title, right and interest in the Material and the Works, including copyright thereof. I additionally agree to grant the Company an irrevocable royalty-free worldwide license to use my name hometown and age in connection with the Works and the Material.
8. Binding Effect
This waiver is binding upon my next of kin, family, heirs, personal representatives, beneficiaries and assigns, and inure to the benefits of the Company, its assigns and successors.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THE ENTIRE CONTENTS OF THIS DOCUMENT. I UNDERSTAND THAT I HAVE CEDED SUBSTANTIAL RIGHTS BY AGREEING TO THE PROVISIONS IT CONTAINS.
By continuing to take part in the art tours I indicate my voluntary agreement to the provisions of this waver and Release of Liability.