Disclaimer & Verification
Any participant shall be required, in advance of participating in any event of, or arranged or sponsored by, Virginia Brewery Tours, to produce a valid identification showing that participant is 21 years of age or older and to execute any sign-in or other documents required by Virginia Brewery Tours.
Do not make a reservation or attend any function or expect to participate in any event unless you are at least 21 years of age. Virginia Brewery Tours reserves the right, in its sole discretion or in the sole discretion of its owners, members, employees, contractors and/or agents, to refuse a person from participating in or attending any function or event of, or arranged or sponsored by, Virginia Brewery Tours that is under the influence of alcohol or any substance, and any refusal shall not entitle participant to any refund of any amounts paid.
By signing up, paying a fee or attending any event of, or arranged or sponsored by, Virginia Brewery Tours, participant agrees to and does hold harmless and release Virginia Brewery Tours, and its owners, members, employees, contractors and agents from and against any and all loss, liability, damages, injury and personal injury incurred or sustained in the course of or during his/her participation in any event of, or arranged or sponsored by, Virginia Brewery Tours. Participant assumes the risk of any loss or any participation in any event of, or arranged or sponsored by, Virginia Brewery Tours. Virginia Brewery Tours, for itself, and its owners, members, employees, contractors and agents, hereby expressly disclaims any liability for any loss, liability, damages or injury, including, but not limited to, personal injury, to the person or the property of any participant, that is or may be incurred or sustained by any person participating in any event of, or arranged or sponsored by, Virginia Brewery Tours, and participant agrees with such disclaimer.
RELEASE AND WAIVER OF LIABILITY
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“AGREEMENT”)
IN CONSIDERATION of being permitted to participate in a tour conducted by Virginia Brewery Tours, Inc. (“Activity”) I, for myself, my spouse, my personal representatives, assigns, heirs, and next of kin:
I ACKNOWLEDGE, agree, and represent that I understand the nature of Alcohol Consumption Activities (defined as any activity in which an individual tastes, consumes, or buys alcohol while on a tour) and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if, at any time, I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
FULLY UNDERSTAND that: (a) ALCOHOL CONSUMPTION ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by factors including, but not limited to: my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation.
HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE VIRGINIA BREWERY TOURS, its officers, directors and members, Virginia Brewery Tours sponsors, Virginia Brewery Tours administrators, agents, officers, members, volunteers, contractors and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the “RELEASEES” herein), FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF INJURY TO MYSELF, MY PROPERTY, OTHERS, OR OTHERS' PROPERTY, EVEN INJURY RESULTING IN DEATH, WHETHER CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, INCLUDING NEGLIGENT RESCUE OPERATIONS, OF THE RELEASEES OR OTHERWISE WHILE I AM PARTICIPATING IN THE ACTIVITY.
AGREE that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement I, anyone on my behalf, or anyone harmed by my actions makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
ACKNOWLEDGE AND UNDERSTAND DRINKING AND DRIVING IS DANGEROUS to my safety and the safety of others. I further acknowledge that, if necessary, I will take advantage of Virginia Brewery Tours' service to provide transportation to my destination or arrange for transportation to my ultimate destination. I FULLY ACCEPT AND ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY INJURY I incur or cause to occur to others as a result of my failure to take caution while operating a vehicle after participating in the Activity.
AGREE AND ACKNOWLEDGE that VIRGINIA BREWERY TOURS HAS THE RIGHT TO REMOVE ME FROM THE TOUR and prevent my further participation in the activities if my conduct is disorderly or interferes with others' enjoyment of the tour.
I AM 21 YEARS OR OLDER, HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY MASSACHUSETTS LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
I HEREBY GRANT PERMISSION FOR MY PICTURE TO BE USED BY VIRGINIA BREWERY TOURS, partners of Virginia Brewery Tours, and/or the media for uses included but not limited to programming, media, or promotional purposes. This is a complete release to Virginia Brewery Tours, Inc. of all claims, whether legal or equitable, in connection with said photos.