RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“AGREEMENT”)

TapTastings, LLC

POLICY ACKNOWLEDGEMENT / RELEASE AND WAIVER OF LIABILITY AGREEMENT

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“AGREEMENT”)

In consideration for TapTastings, LLC, a Massachusetts limited liability company, d/b/a TapTastings and the venues visited, including but not limited to Barnstable Brewing, Cape Cod Beer, or any other participating venue (“VENUES”), agreeing to take an individual (“GUEST”) on a sightseeing/alcohol/food tasting tour (“TOUR”), Guest agrees to the following terms and conditions:

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 HOLD HARMLESS TAPTASTINGS, LLC, its managers, members, sponsors, administrators, agents, volunteers, contractors, employees, advertisers, and VENUES (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 safe alternate services 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 TAPTASTINGS, LLC HAS THE RIGHT TO REMOVE ME FROM THE TOUR WITHOUT COMPENSATION and prevent my further participation in the activities if my conduct is disorderly or interferes with others' enjoyment of the tour.
ACKNOWLEDGE AND UNDERSTAND that drinking alcohol, smoking, and/or vaping is prohibited on any TapTastings, LLC vehicle and that use of seatbelts and is required at all times on any TapTastings, LLC vehicle.
FULLY UNDERSTAND THAT GUEST WILL BE HELD RESPONSIBLE for any cleanup or replacement cost for damages to TAPTASTINGS, LLC’s or VENUES’ property caused by said GUEST as well as cost for additional transportation required by GUEST.
ACKNOWLEDGE that TapTastings, LLC is in not affiliated with any of the VENUES in any way.
ACKNOWLEDGE that TapTastings, LLC may end the tour at any time, without compensation, due to any guest’s overconsumption of alcoholic or other substance that may put the guest or others at risk.
ACKNOWLEDGE that TapTastings, LLC has the right to prevent a guest from initial boarding if the guest is judged by TapTastings, LLC as under the influence of any substance.
ACKNOWLEDGE that TapTastings, LLC does not operate a "party bus". Consuming alcoholic beverages or any other controlled substance on the van is prohibited.

I AM 21 YEARS OR OLDER, HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I, MY SPOUSE, MY PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN 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.

Today's Date: April 25, 2024

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Adult Minor(s)
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First Participant's Name

First Name*

Last Name*

First Participant's Date of Birth*

First Participant's Additional Info

What is the date of your tour? *

PHOTO RELEASE - I HEREBY GRANT PERMISSION FOR MY PICTURE TO BE USED BY TAPTASTINGS, LLC, visited VENUES of TapTastings, LLC, and/or the media for uses included but not limited to social media or other promotional purposes. This is a complete release to TapTastings, LLC of all claims, whether legal or equitable, in connection with said photos.

I UNDERSTAND THAT I MAY LIMIT THIS PERMISSION SIMPLY BY INFORMING THE HOSTS AT ANY TIME DURING THE TOUR.

Info from TAPTASTINGS, LLC: Why do we include this permission by default? Informing us in person helps us properly identify anyone to exclude. Also, often times, we have a guest mark that they do not want to grant permission but then tell us upon boarding that it's OK. This causes a problem with the initial agreement.

First Participant's Signature*

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Second Participant's Name

First Name*

Last Name*

Second Participant's Date of Birth*

Second Participant's Additional Info

What is the date of your tour? *

I UNDERSTAND THAT I MAY LIMIT THIS PERMISSION SIMPLY BY INFORMING THE HOSTS AT ANY TIME DURING THE TOUR.

Third Participant's Name

First Name*

Last Name*

Third Participant's Date of Birth*

Third Participant's Additional Info

What is the date of your tour? *

I UNDERSTAND THAT I MAY LIMIT THIS PERMISSION SIMPLY BY INFORMING THE HOSTS AT ANY TIME DURING THE TOUR.

Fourth Participant's Name

First Name*

Last Name*

Fourth Participant's Date of Birth*

Fourth Participant's Additional Info

What is the date of your tour? *

I UNDERSTAND THAT I MAY LIMIT THIS PERMISSION SIMPLY BY INFORMING THE HOSTS AT ANY TIME DURING THE TOUR.

Fifth Participant's Name

First Name*

Last Name*

Fifth Participant's Date of Birth*

Fifth Participant's Additional Info

What is the date of your tour? *

I UNDERSTAND THAT I MAY LIMIT THIS PERMISSION SIMPLY BY INFORMING THE HOSTS AT ANY TIME DURING THE TOUR.

Sixth Participant's Name

First Name*

Last Name*

Sixth Participant's Date of Birth*

Sixth Participant's Additional Info

What is the date of your tour? *

I UNDERSTAND THAT I MAY LIMIT THIS PERMISSION SIMPLY BY INFORMING THE HOSTS AT ANY TIME DURING THE TOUR.

Seventh Participant's Name

First Name*

Last Name*

Seventh Participant's Date of Birth*

Seventh Participant's Additional Info

What is the date of your tour? *

I UNDERSTAND THAT I MAY LIMIT THIS PERMISSION SIMPLY BY INFORMING THE HOSTS AT ANY TIME DURING THE TOUR.

Eighth Participant's Name

First Name*

Last Name*

Eighth Participant's Date of Birth*

Eighth Participant's Additional Info

What is the date of your tour? *

I UNDERSTAND THAT I MAY LIMIT THIS PERMISSION SIMPLY BY INFORMING THE HOSTS AT ANY TIME DURING THE TOUR.

Ninth Participant's Name

First Name*

Last Name*

Ninth Participant's Date of Birth*

Ninth Participant's Additional Info

What is the date of your tour? *

I UNDERSTAND THAT I MAY LIMIT THIS PERMISSION SIMPLY BY INFORMING THE HOSTS AT ANY TIME DURING THE TOUR.

Tenth Participant's Name

First Name*

Last Name*

Tenth Participant's Date of Birth*

Tenth Participant's Additional Info

What is the date of your tour? *

I UNDERSTAND THAT I MAY LIMIT THIS PERMISSION SIMPLY BY INFORMING THE HOSTS AT ANY TIME DURING THE TOUR.

Parent or Guardian's Email Address

A signed copy of this waiver will be sent to the email address you provide.

Please follow TapTastings on Instagram and/or Facebook! Thank you!

Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.

Parent or Guardian's Name

First Name*

Last Name*

Parent or Guardian's Date of Birth*

Parent or Guardian's Additional Info

What is the date of your tour? *

I UNDERSTAND THAT I MAY LIMIT THIS PERMISSION SIMPLY BY INFORMING THE HOSTS AT ANY TIME DURING THE TOUR.

Parent or Guardian's Signature*

Type Signature

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Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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