FUNKY BUDDHA BREWERY TOUR: RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
IN CONSIDERATION for being permitted to participate in a brewery tour conducted by Funky Buddha Brewery Inc. (“Funky Buddha”), I, for myself, my spouse, my personal representatives, assigns, heirs, successors and next of kin, understand, acknowledge, represent, warrant and agree as follows:
I am at least 21 years old and represent the same with my signature below. I understand that Funky Buddha may remove me from the tour and prevent my further participation in the tour if my conduct is disorderly or interferes with others’ enjoyment of the tour, with no refund due to me. I understand that operating a vehicle while under the influence of alcohol is dangerous to my safety and the safety of others and will seek an alternative route to my destination if necessary.
Safety. Safety glasses are required to participate in the tour. Closed-toe shoes with slip-resistant soles are highly recommended (steel-toed shoes preferable). The use of high heels is highly discouraged. I understand that these precautions do not remove all risks of injury or make the tour a safe activity. I accept that I am entering at my own risk and assume all the risks as further described below. I am qualified, in good health, and in proper physical condition to participate in the tour. If, at any time, I believe conditions to be unsafe, I will immediately discontinue further participation in the tour.
Risks; Assumption of Risk. I acknowledge and understand that this tour will guide me through an active production/manufacturing area and may include samples of malt beverages for consumption and that such activities involve risks, hazards and dangers, including but not limited to: serious bodily injury, death, burns, exposure to harmful chemicals, paralysis, permanent disability and property damage or loss (“Risks”). These Risks may be caused by factors including, but not limited to: my own actions or inactions, including actions following the tour such as operating a vehicle, the actions or inactions of others participating in the tour, and the actions or inactions of officers, directors and employees of Funky Buddha, as well as any of its agents, assigns, contractors, successors, etc. (collectively, “Releasees”). Other causes of such Risks may be inherent in the activity of the brewery tour and may not be readily apparent, foreseeable or otherwise known to me. I fully accept and assume all such Risks, known or unknown, foreseeable or unforeseeable, and accept and assume all responsibility, to the fullest extent of the law, for losses, costs and/or damages that I incur, including those which result in any part due to the negligence or gross negligence of Releasees, as a result of my participation, whether during or after the tour.
Release; Indemnification. I hereby release, discharge and covenant not to sue, to the fullest extent of the law, Funky Buddha and/or the Releasees for any reason whatsoever arising from any act or omission of the Releasees or otherwise relating to my participation in the tour or due to any injuries, damages, death, etc. which results in any way from my participation in the tour and shall indemnify and hold Funky Buddha and the Releasees harmless, to the fullest extent of the law, from all liability, claims, demands, losses, or damages, including litigation expenses and attorney fees, on account of injury to myself, my property, others, or others’ property, including injury resulting in death, whether caused or alleged to be caused in whole or in part by the negligence or gross negligence, including negligent rescue operations, of the Releasees or otherwise from my participation in the tour.
Photo Release. I hereby grant permission for my picture and/or likeness to be used by Funky Buddha for any use, including promotional purposes, and in whatever type of media without any compensation to me.
By signing this agreement, I acknowledge that I have had an opportunity to review this agreement and that I fully understand the terms and conditions set forth herein, including that I am agreeing to give up substantial rights. This agreement shall be construed pursuant to Florida law and venue shall only be proper in the courts of Broward County, FL. To the extent that any of this agreement is held to be invalid, I agree that the balance shall continue in full force and effect. I accept and agree to be bound by the terms and conditions hereof.