Please read below and accept prior to booking
SEDONA DELIVERS, L.L.C.
Release, Assumption of the Risk, Waiver of Liability, and Indemnity Agreement
PLEASE READ CAREFULLY BEFORE BOOKING
This Release, Assumption of the Risk, Waiver of Liability, and Indemnity Agreement (“Agreement”) is entered into as of the date set forth below by the undersigned participant (“Participant”), and Sedona Delivers, L.L.C., an Arizona limited liability company (“Sedona Delivers”). Sedona Delivers provides small group hosted wine and brewery tours including transportation, and Participant has requested that Sedona Delivers provide such a tour (“Tour”). In consideration for planning and conducting the Tour, Participant agrees to read, enter into, and comply with all terms and provisions of this Agreement, and acknowledges that Sedona Delivers is relying on Participant’s agreements and releases contained herein.
A. Dangers and Safety. Participant acknowledges that the Tour and activities Participant may engage in while on the Tour, such as drinking alcohol at higher elevations, walking, entering and exiting a vehicle, and touring a winery/brewery, are inherently dangerous and may cause illness, inebriation, injury (physical and mental), and even death. Participant acknowledges that s/he is fully aware of the hazards and dangers involved in the Tour and related activities, including, but not limited to, becoming inebriated, vomiting, alcohol poisoning or allergic reactions, slipping, falling, scrapes, bruises, cuts, abrasions, sprains, strains, tears, and joint, muscle, and bone injuries (including sprains, strains, tears, breaks and fractures), concussions and other head injuries, heat and hydration-related injuries such as heat stroke, heat exhaustion, and dehydration, as well as heart attacks, strokes, and other conditions and injuries that could be fatal. While Sedona Delivers will be providing transportation to and from wineries and/or breweries in accordance with the Tour package requested by Participant, Participant will be in primary control of him/herself during the Tour. Participant also acknowledges that his/her safety largely depends upon Participant’s awareness of him/herself, his/her surroundings, as well as his/her limitations and physical condition. Participant also acknowledges that his/her safety also depends upon complying, and Participant shall comply, with the rules and instructions of Sedona Delivers given from time to time (including wearing seat belts at all times while in the vehicle and ceasing any additional consumption of alcohol if Participant appears inebriated). Participant shall be responsible for his or her own safety and is willing and able to accept full responsibility for such safety and welfare.
Participant has been advised by Sedona Delivers not to consume excessive amounts of alcohol or consume any alcoholic beverages (or engage in any other activity) that is contrary to the instructions of Participant’s physician. Participant certifies that (i) s/he is over 21 years of age, (ii) is familiar with his/her body’s reaction to alcoholic beverages and has had no history of adverse effects as a result consumption thereof, (iii) Participant’s physician has not advised against participating in the Tour and related activities, and (iv) Participant is in good health and sufficient physical and mental condition to properly and capably participate in the Tour and related activities. Participant understands that Sedona Delivers will NOT provide medical insurance for Participant, nor does Sedona Delivers assume responsibility for the actions of Participant or any third party. As further set forth in Section D below, Participant releases Sedona Delivers from liability related to the Tour and covenants not to sue Sedona Delivers in connection therewith as set forth below.
B. Damage to Vehicle. Participant shall not be permitted to operate Sedona Delivers’s vehicle. In the event Participant becomes aware of any safety issues with the vehicle, Participant shall immediately notify Sedona Delivers thereof. Participant shall be responsible for paying all costs and expenses of any damage, repair, and cleaning to the vehicle caused or necessitated by Participant’s acts or omissions. In the event Sedona Delivers incurs any costs or expenses repairing or cleaning the vehicle as a result of Participant’s acts or omissions, Participant shall reimburse Sedona Delivers upon demand therefor and Sedona Delivers is authorized to charge Participant’s credit card for such damages and repairs.
C. Indemnity. Participant shall indemnify, protect, defend, and hold harmless Sedona Delivers, its agents, employees, members, managers, and affiliated persons and entities (collectively, the “Indemnified and Released Parties”) from and against any and all economic and non-economic losses, claims, demands, obligations, liabilities, indebtedness, causes and causes of action, fines, penalties, damages, costs, and attorney’s fees and expenses of every type, kind, nature, description, and character, including bodily injury, death, and property damage (collectively, “Damages”) asserted in connection with, arising from, or related to, in whole or in part, by any act or omission of Participant, but not to the extent the Damages are caused by Sedona Delivers.
D. Release. Participant further agrees that except in the event of willful, intentional, or grossly negligent acts of the Indemnified and Released Parties, Participant, on behalf of Participant and his/her heirs, devisees, beneficiaries, estate, personal representative, and assigns, hereby releases, waives, discharges, and covenants not to sue the Indemnified and Released Parties for any Damages sustained by Participant in relation to the Tour or any event that occurs before, during, or after the Tour.
In the event any provision of this Agreement is held invalid and a court of competent jurisdiction finds Sedona Delivers to be liable to Participant or his/her heirs, devisees, estate, personal representative, or assigns for any Damages, the maximum amount of such Damages and liability relating thereto shall be limited to the amount Participant pays to Sedona Delivers for participating in the Tour
Participant acknowledges that this Agreement, including, but not limited to, the release, indemnity, and limitation of liability is intended to be as broad and inclusive as is permitted by Arizona law and that if any portion hereof, including any clause, phrase, or word, is held invalid or in conflict with Arizona law, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect and only that single part shall be null and void. This Agreement shall be legally binding upon Participant, Participant’s heirs, devisees, estate, personal representatives, beneficiaries, assigns, and guests, and shall be interpreted according to Arizona law. The venue for any dispute under this Agreement shall be in Yavapai County, Arizona.
E. Medical Care. In the event of any emergency, Participant authorizes Sedona Delivers to contact emergency services and secure from any hospital, physician, and/or medical personnel any treatment deemed necessary for his or her immediate care and agrees that he or she will be responsible for payment of any and all emergency and medical services rendered, provided however, the Indemnified and Released Parties are not responsible or required to provide medical care or attention. The release and covenant not to sue contained within this Agreement shall include within it any claims or allegations relating to acts and/or omissions regarding securing, obtaining, and/or providing such treatment.
PARTICIPANT STATEMENT OF AWARENESS
BY BOOKING THIS TOUR I ACKNOWLEDGE THAT I, HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THE FOREGOING ACKNOWLEDGEMENTS, AGREEMENTS, INDEMNITY, RELEASE, WARNINGS, AND ASSUMPTION OF RISK, AND FULLY UNDERSTAND ITS TERMS. I ALSO UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME IN CONSIDERATION FOR BEING PERMITTED TO ENGAGE IN THE ACTIVITY, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE AS SET FORTH ABOVE TO THE GREATEST EXTENT ALLOWED BY LAW. I FURTHER ATTEST THAT ALL FACTS RELATING TO MY PHYSICAL CONDITION, EXPERIENCE, AND AGE ARE TRUE AND ACCURATE.
Release, Assumption of the Risk, Waiver of Liability, and Indemnity Agreement
PLEASE READ CAREFULLY BEFORE BOOKING
This Release, Assumption of the Risk, Waiver of Liability, and Indemnity Agreement (“Agreement”) is entered into as of the date set forth below by the undersigned participant (“Participant”), and Sedona Delivers, L.L.C., an Arizona limited liability company (“Sedona Delivers”). Sedona Delivers provides small group hosted wine and brewery tours including transportation, and Participant has requested that Sedona Delivers provide such a tour (“Tour”). In consideration for planning and conducting the Tour, Participant agrees to read, enter into, and comply with all terms and provisions of this Agreement, and acknowledges that Sedona Delivers is relying on Participant’s agreements and releases contained herein.
A. Dangers and Safety. Participant acknowledges that the Tour and activities Participant may engage in while on the Tour, such as drinking alcohol at higher elevations, walking, entering and exiting a vehicle, and touring a winery/brewery, are inherently dangerous and may cause illness, inebriation, injury (physical and mental), and even death. Participant acknowledges that s/he is fully aware of the hazards and dangers involved in the Tour and related activities, including, but not limited to, becoming inebriated, vomiting, alcohol poisoning or allergic reactions, slipping, falling, scrapes, bruises, cuts, abrasions, sprains, strains, tears, and joint, muscle, and bone injuries (including sprains, strains, tears, breaks and fractures), concussions and other head injuries, heat and hydration-related injuries such as heat stroke, heat exhaustion, and dehydration, as well as heart attacks, strokes, and other conditions and injuries that could be fatal. While Sedona Delivers will be providing transportation to and from wineries and/or breweries in accordance with the Tour package requested by Participant, Participant will be in primary control of him/herself during the Tour. Participant also acknowledges that his/her safety largely depends upon Participant’s awareness of him/herself, his/her surroundings, as well as his/her limitations and physical condition. Participant also acknowledges that his/her safety also depends upon complying, and Participant shall comply, with the rules and instructions of Sedona Delivers given from time to time (including wearing seat belts at all times while in the vehicle and ceasing any additional consumption of alcohol if Participant appears inebriated). Participant shall be responsible for his or her own safety and is willing and able to accept full responsibility for such safety and welfare.
Participant has been advised by Sedona Delivers not to consume excessive amounts of alcohol or consume any alcoholic beverages (or engage in any other activity) that is contrary to the instructions of Participant’s physician. Participant certifies that (i) s/he is over 21 years of age, (ii) is familiar with his/her body’s reaction to alcoholic beverages and has had no history of adverse effects as a result consumption thereof, (iii) Participant’s physician has not advised against participating in the Tour and related activities, and (iv) Participant is in good health and sufficient physical and mental condition to properly and capably participate in the Tour and related activities. Participant understands that Sedona Delivers will NOT provide medical insurance for Participant, nor does Sedona Delivers assume responsibility for the actions of Participant or any third party. As further set forth in Section D below, Participant releases Sedona Delivers from liability related to the Tour and covenants not to sue Sedona Delivers in connection therewith as set forth below.
B. Damage to Vehicle. Participant shall not be permitted to operate Sedona Delivers’s vehicle. In the event Participant becomes aware of any safety issues with the vehicle, Participant shall immediately notify Sedona Delivers thereof. Participant shall be responsible for paying all costs and expenses of any damage, repair, and cleaning to the vehicle caused or necessitated by Participant’s acts or omissions. In the event Sedona Delivers incurs any costs or expenses repairing or cleaning the vehicle as a result of Participant’s acts or omissions, Participant shall reimburse Sedona Delivers upon demand therefor and Sedona Delivers is authorized to charge Participant’s credit card for such damages and repairs.
C. Indemnity. Participant shall indemnify, protect, defend, and hold harmless Sedona Delivers, its agents, employees, members, managers, and affiliated persons and entities (collectively, the “Indemnified and Released Parties”) from and against any and all economic and non-economic losses, claims, demands, obligations, liabilities, indebtedness, causes and causes of action, fines, penalties, damages, costs, and attorney’s fees and expenses of every type, kind, nature, description, and character, including bodily injury, death, and property damage (collectively, “Damages”) asserted in connection with, arising from, or related to, in whole or in part, by any act or omission of Participant, but not to the extent the Damages are caused by Sedona Delivers.
D. Release. Participant further agrees that except in the event of willful, intentional, or grossly negligent acts of the Indemnified and Released Parties, Participant, on behalf of Participant and his/her heirs, devisees, beneficiaries, estate, personal representative, and assigns, hereby releases, waives, discharges, and covenants not to sue the Indemnified and Released Parties for any Damages sustained by Participant in relation to the Tour or any event that occurs before, during, or after the Tour.
In the event any provision of this Agreement is held invalid and a court of competent jurisdiction finds Sedona Delivers to be liable to Participant or his/her heirs, devisees, estate, personal representative, or assigns for any Damages, the maximum amount of such Damages and liability relating thereto shall be limited to the amount Participant pays to Sedona Delivers for participating in the Tour
Participant acknowledges that this Agreement, including, but not limited to, the release, indemnity, and limitation of liability is intended to be as broad and inclusive as is permitted by Arizona law and that if any portion hereof, including any clause, phrase, or word, is held invalid or in conflict with Arizona law, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect and only that single part shall be null and void. This Agreement shall be legally binding upon Participant, Participant’s heirs, devisees, estate, personal representatives, beneficiaries, assigns, and guests, and shall be interpreted according to Arizona law. The venue for any dispute under this Agreement shall be in Yavapai County, Arizona.
E. Medical Care. In the event of any emergency, Participant authorizes Sedona Delivers to contact emergency services and secure from any hospital, physician, and/or medical personnel any treatment deemed necessary for his or her immediate care and agrees that he or she will be responsible for payment of any and all emergency and medical services rendered, provided however, the Indemnified and Released Parties are not responsible or required to provide medical care or attention. The release and covenant not to sue contained within this Agreement shall include within it any claims or allegations relating to acts and/or omissions regarding securing, obtaining, and/or providing such treatment.
PARTICIPANT STATEMENT OF AWARENESS
BY BOOKING THIS TOUR I ACKNOWLEDGE THAT I, HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND THE FOREGOING ACKNOWLEDGEMENTS, AGREEMENTS, INDEMNITY, RELEASE, WARNINGS, AND ASSUMPTION OF RISK, AND FULLY UNDERSTAND ITS TERMS. I ALSO UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME IN CONSIDERATION FOR BEING PERMITTED TO ENGAGE IN THE ACTIVITY, AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE AS SET FORTH ABOVE TO THE GREATEST EXTENT ALLOWED BY LAW. I FURTHER ATTEST THAT ALL FACTS RELATING TO MY PHYSICAL CONDITION, EXPERIENCE, AND AGE ARE TRUE AND ACCURATE.
