WAIVER & RELEASE OF LIABILITY
SONOMA FOOD TOUR MAKES EVERY EFFORT TO ENSURE YOUR SAFETY AND COMFORT WHILE PARTICIPATING IN OUR TOURS. HOWEVER, IT IS IMPORTANT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH THESE AND OTHER ACTIVITIES.
By virtue of purchasing tickets for and/or participating in the food tour and culinary events offered by Sonoma Food Food Tour (the “Company”), and in consideration of being allowed to purchase said tickets, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, said purchaser/tour participant (the “Participant”) understands, acknowledges represents, warrants and agrees as follows, with the knowledge that the Company will rely on same:
1. Participant desires to participate in the food tours and culinary events offered by the Company (the “Tours”).
2. Participant is in good health and suffers from no minor or serious physical or mental injury, illness or disability that would make Participant especially susceptible to injury or disability while performing any activity contemplated by this Waiver and Release of Claims.
3. Participant fully comprehends and accepts all of the risks associated with his/her participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death.
4. Participant grants to Company and Company’s assigns the irrevocable, sub-licensable right and authority to use Participant’s name, likeness, photograph and/or picture for any and all commercial or non-commercial purposes now known or later developed in perpetuity throughout the universe without further obligation or compensation to Participant.
5. PARTICIPANT’S PARTICIPATION IN THE TOURS IS AT PARTICIPANT’S OWN SOLE RISK. PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, HEREBY FOREVER AND UNCONDITIONALLY RELEASES THE COMPANY, AND ANY AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, SHAREHOLDERS AND DIRECTORS OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION,MIA STEIGER, AND EXTIX) (COLLECTIVELY, ‘RELEASED PARTIES’), FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES IN ANY WAY ARISING OUT OF, OR RESULTING FROM, PARTICIPANT’S PARTICIPATION IN THE TOURS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, AND LIABILITIES FOR DEATH, INJURY, LOSS OR DAMAGE TO PARTICIPANT, TO ANY ONE ELSE, OR TO ANY PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH INJURY, LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR WILLFUL CONDUCT OF THE COMPANY OR ANY OF THE RELEASED PARTIES. PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, FURTHER AGREES TO DEFEND AND INDEMNIFY THE RELEASED PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) AND LOSSES OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY ARISING OUT OF, OR RESULTING FROM, PARTICIPANT’S PARTICIPATION IN THE TOURS.
6. This Waiver and Release of Claims constitutes the entire agreement and understanding between Participant and the Released Parties, and cancels, terminates and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Waiver and Release of Claims.
7. None of the provisions of this Waiver and Release of Claims can be waived or modified except expressly in writing signed by Participant and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Released Parties to enforce any of their rights here under at any time shall not act as a waiver to enforce their rights under this Waiver and Release for same or similar acts at any subsequent time.
8. Sonoma Food Tour (SFT) reserves the right to use any photograph/video taken during a tour, without the expressed written permission of those included within the photograph/video. SFT may use the photograph/video in publications or other media material produced, used or contracted by SFT including but not limited to: brochures, invitations, books, newspapers, magazines, television, websites, etc. By participating in a SFT event or by failing to notify SFT, in writing, your desire to not have your photograph used by SFT, you are agreeing to release, defend, hold harmless and indemnify SFT from any and all claims involving the use of your picture or likeness.
BY PARTICIPATING IN THE TOURS, PARTICIPANT ACKNOWLEDGES HAVING READ THIS DOCUMENT AND VOLUNTARILY AGREES TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY.
Effective February 12, 2015
Sonomafoodtour.com has been designed to be easy to use, helpful, reliable, and packed with great information. We require that anyone using our site follows the Terms and Conditions set out below. If you don’t agree with these, then please don’t use this site.
These Terms and Conditions are subject to change and we reserve the right to make changes whenever we feel they are necessary. Please periodically review the Terms and Conditions to stay current with any modifications. Your use of signifies your acceptance of this.
Restrictions on the use of our information
All of the information relating to is copyrighted intellectual property. It is owned and controlled solely by Sonoma Food Tour. This includes, but is not limited to, software, logos, trademarks, service marks, trade names, images, illustrations, photographs, video, audio clips, music, and text.
As a visitor, you can download our online information under the following conditions:
The information is only for your personal, non-commercial use.
All copyrights, trademarks, and related notices remain intact.
The materials cannot be changed in any way.
The materials cannot be used in any manner that would imply an association with our Company, its products, services, and/or brands.
You may in no way utilize our materials or download to a data base, server, or similar device for commercial use.
You cannot copy, reproduce, republish, upload, post, transmit or distribute any materials, and this includes all online materials belonging to Sonoma Food Tour without our express written consent.
You cannot change, add to, subtract from, or misrepresent any materials on the site. Attempting to challenge our site’s security in any way is prohibited.
Anything and everything downloaded from our site, including software, files, images, and data shall be considered as licensed by either Sonoma Food Tour or one of our partners for your non-commercial use only. You do not have title to this material – we do, and we own all associated intellectual property rights. Therefore, you cannot distribute, sell, reverse-engineer, change, or in any way modify it in order to profit.
We have exclusive ownership and rights to your submissions, and can utilize them in any appropriate way we wish, without payment or compensation. You are responsible for the integrity, legality, reliability, and copyright of your submission.
Sonoma Food Tour WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH OR RESULTING FROM YOUR USE OF ANY PORTION OF ITS SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DAMAGES CAUSED BY:
ANY SITE ERRORS, OMISSIONS, OR DEFECTS
ANY SITE FAILURES, INCLUDING PERFORMANCE FAILURES
USE, OR INABILITY TO USE
USE, OR INABILITY TO USE, ANY LINKING SITES
ANY INTERRUPTION OF SITE AVAILABILITY OR TRANSMISSION
ANY LINE FAILURES
ANY COMPUTER VIRUSES OR SIMILAR MALWARE
IN ADDITION, WE ARE NOT LIABLE FOR THE FOLLOWING DAMAGES, INCLUDING:
DAMAGES INTENDED AS DIRECT COMPENSATION FOR A LOSS OR INJURY
DAMAGES EXPECTED AS A RESULT OF A LOSS OR INJURY (CONSEQUENTIAL DAMAGES)
ANY MISCELLANEOUS DAMAGES AS A RESULT OF A LOSS OR INJURY (INCIDENTAL DAMAGES)
WE CLAIM NO LIABILITY EVEN IF THE POSSIBILITY OF NEGLIGENCE HAS BEEN SHOWN BY US OR AN AUTHORIZED REPRESENTATIVE.
THE ONLY EXCEPTION: THE LAWS OF SPECIFIC STATES MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU RESIDE IN ONE SUCH STATE, THE ABOVE MENTIONED LIMITATION WOULD NOT APPLY, GIVING THE POSSIBLE RIGHT OF RECOVERY FOR DAMAGES.
OUR LIABILITY FOR ANY LOSSES, DAMAGES, AND CLAIMS, WHETHER BASED UPON A CONTRACT OR WRONGFUL CONDUCT, WILL NOT BE MORE THAN THE AMOUNT PAID TO ACCESS OUR SITE.
Although you will find links to other web sites from our site, these should not be construed as approval of that site or the information/resources contained within it. We are not responsible for anything, and particularly content and practices, on any sites that might be linked to www.sonomafoodtour.com.
Sonomafoodtour.com is not necessarily related to or connected with any of the sites where linking may occur, and no assumption of such a connection should be made. Always check the URL in the address bar to confirm what site you are visiting, if uncertain about whether you are on a third party site. Sonoma Food Tour has no control over these sites.
Approved links cannot represent an endorsement, support, sponsorship, or similar relationship with Sonoma Food Tour or any of our sites, our employees, agents, and managers.
Either party can decide to terminate this agreement at any time. If, in its judgment, any of the Terms and Conditions has been breached, Sonoma Food Tour can end its relationship with you without giving notice. You may also end your relationship with Sonoma Food Tour if you so choose.
Regardless of who ends the relationship, termination means you must destroy any and all products, information, and materials you got from www.sonomafoodtour.com, including downloads and anything installed on your computer. Any materials found on the site are the sole property of our Company.
Anyone using our web site will need to comply with the local laws of the State of CA, U.S.A. This particularly applies to users outside the U.S.
These Terms and Conditions are enforced by the laws of CA and apply to any agreements under this jurisdiction. Any violation or attempted violation of intellectual property belonging to Sonoma Food Tour or its affiliates will result in an injunction or appropriate legal redress in the CA courts. By using our site, you agree to be bound by these Terms, and agree to follow the jurisdiction of the state and federal courts in CA, U.S.A.
If a disagreement arises under these Terms, we will first try to reach a resolution using a mediator acceptable to both parties, and located in Sonoma, CA. Mediation costs outside of attorney fees will be equally divided.
If resolution through this means isn’t possible, the dispute will then be taken to binding arbitration under the auspices of the American Arbitration Association. The arbitrator’s judgment can be entered in any court having jurisdiction.
These Terms and Conditions may be changed by Sonoma Food Tour without prior notification. Please check the Terms periodically for updates. As presented, this constitutes the entire Agreement.
How information is collected:
Information is gathered in several ways, depending upon how you are using the website. When registering to use this site, you are asked to provide your name and related details. And if you sign up for newsletters, sweepstakes, contests, chat rooms, message boards and similar interactive areas, or purchase something, we need to know who you are.
Information is also collected automatically using electronic tools. Most web sites use ‘cookies’ to recognize you and your information, and may store data such as a user name and password so you won’t need to enter it each time you visit. It might determine how often you’re exposed to a specific advertisement. It also may note your Internet Service Provider (ISP).
As technology evolves, we may use other methods to collect information. There may be times when you can refuse to provide information, such as by setting your browser to refuse ‘cookies’, but doing this may make it impossible to access sections of the web site, or you may need to enter your user details each time, and the site won’t be customized for your preferences.
What we do with your information
The information we gather is to make your visit to our site the best experience possible. It enables us to customize things such as content and advertising, which might be of interest to you. Your information is never shared, and your private information remains private.
Any information that doesn’t personally identify who you are might be used in conjunction with similar information from others to improve our web site and the services we offer. This gives us knowledge about which features are most popular, or what our visitors are looking for. Some of this information may be shared with our advertisers, on occasion, but it will never include any information that is personally identifiable.
Your information is used only as legally permitted. We may divulge your information when presented with a court order or when legally required, in order to collect monies owed to us, or when requested by law enforcement agencies. In these circumstances, it is unnecessary to notify you of this. Some third parties, such as our web hosting service, which provides specific support, may also access this information.
As our business expands, we may buy, sell, or partner with other companies. In these circumstances, information about our web site users may be among the data transferred.
Affiliated/linked sites and advertisers:
“Cookies” may be used by some of our affiliates or partners in order to determine what you might like, or the type of advertising that’s presented to you. Sonoma Food Tour cannot determine what is used by these third parties or how it is gathered. Therefore, we are not responsible for anything taking place by these third party companies, including their policies.
Please be aware that any personal information disclosed on chats or message boards can be considered public. As such, it can be used by third parties without the knowledge of Sonoma Food Tour, as this is outside our control. If you don’t want to receive unsolicited messages, please be careful what you disclose and where you do it.
Policy regarding children:
Sonoma Food Tour cares about the privacy and welfare of children, and will never knowingly gather Personally Identifiable Information from anyone younger than 13 years old, except when legally allowed. If we find that such data has been collected, it will be promptly removed from our databases. You can contact us at the address below if you feel we have such information.
Our contact information is as follows:
Sonoma Food Tour operates and is controlled by the laws of the State of CA, U.S.A. Judgment may be brought by any court having jurisdiction.