The following includes a waiver of rights, a release of liability, a limitation of damages, and an indemnification. Please read it carefully before agreeing to these terms and conditions. By purchasing ticket(s), whether directly through Dabble, LLC or through an external vendor, and/or by participating in a food tasting and cultural tour (“Tours”) offered by Dabble, LLC d/b/a Nashville Food Adventures, Music City Bites & Sites, and other names (Dabble, LLC or “The Company”), and in consideration for my being allowed to participate in the Tours, the receipt and sufficiency of which is hereby acknowledged, I, and any person not yet 18 years old for whom I have purchased a ticket or included in a Tour as my guest or child (individually and collectively referred to below in the first person singular) agree to be bound by each of the following provisions of this Waiver, Release, and Grant of Rights (the “Agreement’). I acknowledge, attest, agree and represent as follows:
- I am at least 18 years of age.
- I understand that my safety is my responsibility.
- I understand and agree that the loss, theft, or destruction of my belongings is my sole responsibility.
- I fully understand and accept, without limitation, sole responsibility for all of the risks associated with my participation while on the tour, including injury and death whether through my own actions or those of other participants, tour guides, pedestrians, restaurant patrons, automobiles, public transportation, acts of nature or any other external parties.
- I understand and agree that the safety and wellbeing of minors under the age of 18 accompanying myself or my party are my sole responsibility.
- I agree not to consume alcohol during the tour if I am under 21 years of age or do not have valid government issued identification in my possession during the tour.
- I understand that tastings may involve optional alcoholic beverages. If I am at least 21 years of age with valid government issued identification, and I choose to consume alcohol before, during, or after the tour, I accept full and sole responsibility for my behavior, wellbeing, and health and will not become intoxicated.
- I agree to disclose any and all food allergies, dietary restrictions, and medical health concerns of myself or anyone in my party, to Dabble, LLC via email or in person prior to tour commencement. I will not consume food to which I am allergic.
- I understand that I will be consuming food and beverages on this tour and I accept sole responsibility for all risks associated with my participation including food sickness, allergic reaction, choking, injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians, and death. I understand that the Tours take place in public venues under conditions largely beyond the Company’s control.
- I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Tours. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tour. Although the Company will do its best to accommodate food allergies and preferences of which it is aware, I retain sole responsibility for ensuring that the food and beverages I choose to consume are consistent with my food restrictions and preferences, and I waive all claims against the Company arising out of my consumption of any and all food and beverages to which I may have an allergy or aversion. I am free to choose which foods, if any, I consume. I fully comprehend and accept all of the risks associated with my participation in the Tours including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, choking, or allergic reactions. THESE RISKS INCLUDE THE POSSIBILITY OF INFECTION FROM KNOWN OR UNKNOWN VIRUS OR DISEASE, AND I HEREBY ACKNOWLEDGE AND TAKE SOLE RESPONSIBILITY TO PROTECT MYSELF FROM INFECTION FROM COVID-19 OR ANY OTHER DISEASE THAT MAY BE TRANSMITTED BY ANY MEANS DURING THE COURSE OF MY VISIT, REGARDLESS OF THE LEVEL OF CARE, CLEANING, OR PREVENTION PROVIDED BY DABBLE, LLC, ANY OF ITS GUIDES, PARTNERS, OR VISITED LOCATIONS.
- I understand and confirm that my participation in the Tours is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Tour. I represent that I am capable of walking long distances outdoors, or, if I am attending a tour that is offered in a vehicle, that I am able to enter, exit, and walk reasonable distances from the vehicle to places visited on the tour. I am encouraged to wear proper clothing, use sunscreen, and stay hydrated throughout the tour. I am sufficiently self- aware to stop physical activity before I become ill or injured.
- If while on the tour I begin to feel faint or nauseous, I will notify the tour guide and seek medical attention if necessary. I understand that my safety is my sole responsibility. I understand while on the tour I may become injured or harmed. I assume sole responsibility for this risk and release Dabble, LLC, its partners, employees and contractors from all liability or damages resulting from my participation. I authorize the Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon the Company to provide such assistance, transportation, or services.
- I understand agree that tour leader reserves the right to disqualify anyone at any time during the tour if he or she feels the tour participant is incapable and/or if a tour member’s continued participation will jeopardize the individual involved or the group. Refunds are not given under such circumstances.
- I am aware that streets along the tour route are open to vehicular traffic and I will obey all traffic laws/regulations.
- I waive liability and hereby forever and unconditionally release Dabble, LLC, its affiliates, owners, vendors, operators, agents and employees (“The Released Entities”) from any and all actions, suits, claims, controversies, damages, judgments and executions whatsoever, in law or in equity, direct or indirect, known or unknown, foreseeable or unforeseeable, which I may have or acquire, arising from, concerning or related to entry in, travel to or from and/or participation in Dabble, LLC events, including but explicitly not limited to death, injury, loss of damage of property, or any other claims that in any way arise out of my participation in the Tours, including any and all Claims resulting from the negligence of the Released Entities. For any claim I assert against the Company that survives the terms set forth in this Agreement, the Company’s liability to me and my total recovery for any such claim will be limited to $500. Recovery of up to $500 for actual direct damages shall be my sole and exclusive remedy for any such claim. All liability arising out of my participation in the Tours is cumulative and not per incident or per claim asserted. In no event shall the Company be liable for any special, incidental, exemplary, punitive, or consequential damages or any other indirect damages, nor shall the Company be liable for any equitable damages, even if the Company has been informed of the possibility thereof. I therefore hereby release the Company from any and all future claims for special, incidental, exemplary, punitive, consequential, or indirect damages and from any and all equitable remedies.
- I agree that Dabble, LLC is not liable for delay or cancellation resulting from acts of participants, agents, employees, acts of God, public enemy, or the United States; or fire, natural disaster, strikes, or civil disturbance.
- I agree to grant to Dabble, LLC an irrevocable, sub- licensable, non-exclusive, perpetual, royalty-free right to use my name, photographic, video and digital likeness as well as any content submitted via website(s) or electronic mail, solely for our promotional and/or commercial purposes without further obligation or compensation.
- This Participant Waiver & Release of Liability and subsequent Terms & Conditions shall be construed in accordance with, and its validity and effect (including any claims for breach of any of the terms thereof) shall be governed by the laws of the State of Tennessee, and this Participant Waiver and Release of Liability and subsequent Terms and Conditions contains the entire understanding and the agreement of the parties hereto and supersedes all other written and oral exchanges, arrangements or negotiations among them, whether written or oral, concerning the subject matter hereof.
- Any dispute related in any way to your use of company website, participation on a tour, or to products you purchase through Dabble, LLC shall be submitted to confidential arbitration in Nashville, Tennessee and governed by the laws in the State of Tennessee. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
- I do hereby release and agree to hold harmless Dabble, LLC, its affiliates, owners, vendors, operators, agents and employees from any and all liability associated with the above representations and agreements. In addition, participation in this tour is at my sole risk, and I agree to release, discharge, defend and indemnify against, any and all liability, whether caused by willful or negligent conduct, Dabble, LLC, its affiliates, owners, operators, agents, and employees from any claims, actions and liabilities for injury (including death), illness and property losses, theft or damages to myself and those participating in the tour with me. This release shall extend to and include any person/ entity acting through or on my behalf.
- I agree on behalf of any minor for whom I am making payment that I, a parent, or another legal guardian has read and consented to these terms and conditions.
- This Agreement shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of the Company, its successors, and assigns.
- If any provision of this Agreement is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable. If no modification may render it valid and enforceable, this Agreement shall be construed as if it did not contain the invalid or unenforceable provision, and the remaining rights and obligations of the parties will be construed and enforced accordingly.
This Agreement waives substantial rights and includes a release of liability, a limitation of damages, an indemnification, and a grant of use of my likeness. I have read this entire document. My participation in the Tours is expressly subject to my acceptance of the terms of this Agreement, and I will not participate in the Tours unless I have accepted the terms and conditions set forth in the Agreement on behalf of myself and on behalf of any minor for whom I am making payment or who I bring with me on the Tours.
Today's Date: September 17, 2021