FOR INSURANCE REASONS, THE FOLLOWING INFORMATION IS REQUIRED OF ALL PARTICIPANTS WHOM ARE 18 YEARS OF AGE OR MORE.
This agreement must be understood, COMPLETED IN FULL, signed, dated, and witnessed prior to participating with us.
TODAY'S DATE: September 22, 2023
Sedona Hiking Adventures LLC, d.b.a. Wine Tours of Sedona and all associated and affiliated companies as they now exist or may hereafter be acquired (collectively referred to hereinafter as the Operator), and their officers, directors, employees, subcontractors, volunteers, representatives, owners, agents, sponsors, successors and assigns (collectively referred to hereinafter as the Releasees). In consideration of the Operator accepting my application for and my being permitted to participate in hiking, 4x4ing, swimming, camping, sightseeing, and related activities (collectively referred to hereinafter as adventure tour or adventure touring) on lands owned by the National Forest Service or elsewhere, involving travel with the Operator, I agree to this RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (collectively referred to hereinafter as the Agreement).
In the context of this Agreement, and without limiting the generality of the term, negligence shall include any act or omission relating to guiding, use of equipment, prediction of danger, choice of terrain, prediction of weather conditions or any conditions or factors that may amount to a departure from the standard of care which a person of common prudence usually takes of his own concerns having regard for the activity of adventure touring. For the purposes of this Agreement an adventure tour shall extend from the time I am initially picked up by the Operator to my final departure from the Operator and includes any and all activities occurring at anytime and anywhere including all travel, whether or not for the purpose of adventure touring.
Safety Acknowledgement and Assumption of Risks
I am aware that adventure touring involves many risks, dangers and hazards including but not limited to: changing weather conditions; unstable ground and loose rocks on trails; encounters with wildlife including deer, javelina, coyote, mountain lion, bear, elk, and livestock; collision with vehicles or other persons; becoming lost or separated from the guides or other persons; negligence of other persons; and negligence on the part of the Operator or the Releasees including the failure on the part of the Operator or the Releasees to safeguard or protect me from the risks, dangers and hazards of the activities. I am also aware that the risks, dangers, and hazards referred to above exist throughout the operating area and that most are unmarked.
I am aware of the risks, dangers, and hazards associated with adventure touring and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting there from. I acknowledge that the enjoyment and excitement of adventure touring is derived in part from the variable unpredictable terrain, and that the inherent risks of adventure touring contribute to such enjoyment and excitement. I further acknowledge and agree that while adventure touring I shall at all times follow the guides instructions. I understand that my failure to follow the guides instructions may result in injury or possible loss of life to myself or others, or suspension of adventure touring privileges.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of the Operator allowing me to participate in adventure touring and permitting my use, if applicable, of their equipment and vehicles, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- On behalf of myself, my heirs, next of kin, executors, successors, administrators, assigns and whomever else may have an interest either at common law or by operation of statute, I hereby waive any and all claims I or such parties have or may have in the future against the Operator or Releasees, and I release from all liability and agree not to sue the Operator or Releasees for any and all personal injury, death, property damage, expense or loss sustained by me or my next of kin as a result of my participation in adventure touring with the Operator due to any cause whatsoever including, without limitation, negligence, breach of contract, on the part of the Operator or Releasees, and also including the failure on the part of the Operator or Releasees to safeguard or protect me from the risks, dangers and hazards of the adventure touring referred to above.
- I hereby hold harmless and indemnify the Releasees from any and all liability for any damage to property of, or personal injury to any third party, resulting from my use of equipment or participation in an adventure tour, or travel beyond the designated areas.
- This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, representatives and successors in the event of my death or incapacity, or in the event that I am the legal parent or guardian of the participant who is under the age of nineteen (19) years, it shall be effective and binding on his or her heirs, next of kin, executors, administrators, assigns, representatives, parents, guardians, or successors.
- In entering into this Agreement I am not relying on any oral or written representations or statements made by any of the Releasees, including those in any brochures or on the internet, to induce me to go on the Operators adventure touring vacation, with the respect to the safety of the activities other than what is set forth in this Agreement.
- This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Untied States of America, Arizona State and no other jurisdiction.
WARNING: BY SIGNING THIS AGREEMENT YOU, YOUR FAMILY, ASSOCIATES, AND REPRESENTATIVES WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SUE, TO MAKE ANY CLAIMS FOR TOUR SERVICES NOT RENDERED AFTER FULL TOUR HAS BEEN COMPLETED.
I confirm that I am of the full age of twenty one (21) years or older and that I have carefully read and understand this Agreement prior to signing it.
I agree that this Agreement will be binding upon myself, my heirs, next of kin, executors, administrators, assigns, representatives and successors, and I am aware that I am waiving certain legal rights which I may otherwise have and I enter into this Agreement of my own free will. A copy of this agreement is available upon request.
ADDITIONAL TIME: I agree that I am responsible for any additional time beyond what I already paid for. Charges for additional time are due upon tour completion. Tour time starts the moment we pick you up at your hotel or vacation rental and ends upon return. Additional time is charged at a rate of $55 per person per hour. Initialing authorizes us to charge your credit card on file for any additional time. For your convenience, gratuities may be charged to your credit card.
We have been advised that accommodations are recommended in Sedona the evening of participating in a wine tasting tour due to potential unsafe blood alcohol levels. We agree to have a designated driver in our group if we will be driving anywhere after tour. This includes simply driving to dinner. Accommodations can be made through us.
I acknowledge that if I appear to be overly intoxicated at the discretion of any staff member at any location we visit during the tour, that I am subject to being cut off from alcohol consumption while there.
If I show up for my tour visably intoxicated, it is at the discretion of Wine Tours of Sedona's guides to cancel the tour per the policies of the vineyards, wineries, and wine tasting rooms not to bring drunk patrons into their establishments. In these cases, you understand that your tour will be cancelled; and agree that showing up to your tour visably intoxicated is grounds for full forfeiture of entire cost of the tour.
For the safety of our customers, all tour vehicles utilize a vehicle camera system. While vehicle is running or on, it is likely you will be in view of one of the safety cameras. It is understood and agree upon to be observed or recorded.
September 22, 2023