By entering the L.I. Brew Bus you agree to the following:
RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
THIS IS A LEGALLY BINDING RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT
Please read it carefully before agreeing to the terms.
In consideration for L.I. Brew Bus, LLC, an New York limited liability company (“LIBB”) agreeing to take you, an individual (“Guest”) on a sightseeing and beer tasting tour (“Tour”), Guest agrees to the following terms and conditions:
1. Legal Drinking Age Required:
To be a Guest of LIBB you must be of legal drinking age. While LIBB does not sell or serve alcohol to anyone, by purchasing a ticket from LIBB you acknowledge that our services assist in providing Guest(s) access to businesses and/or facilities that sell and/or serve alcoholic beverages. By accessing the Site and purchasing a ticket from LIBB, you swear and affirm that you are over the age of 21. LIBB makes every effort to ensure that alcoholic beverages are not delivered to or served to anyone who is under the age of 21. If you do not agree with these conditions of use please do not use this Site. If you intentionally or unintentionally misrepresent your age in order to consume alcohol or provide alcohol to a person under the age of 21, the Company will seek to have you prosecuted to the fullest extent allowable by law.
LIBB neither promotes nor condones “binge” drinking, and reserves the right to remove from the Tour any Guest that displays signs of alcohol abuse or overconsumption of alcohol. Additionally, aggressive, offensive or otherwise inappropriate behavior exhibited by any Guest at any point during the Tour will result in the Guest’s removal. Third party transportation will be ordered for any Guest removed during the course of the Tour, and Guest agrees that Guest will be responsible for any and all cost(s) associated with the provision of such transportation.
2. Guest acknowledges and agrees that Guest is embarking on a sightseeing and beer tasting excursion, which involves potentially dangerous activities and the consumption of alcohol and/or food. Guest assumes the risks associated with alcohol consumption and takes full responsibility for his or her own actions, safety and welfare. Guest further understands that he or she will be a member of a group and that Guest will conduct himself or herself in a way that does not endanger Guest or the group.
3. Guest acknowledges and agrees that LIBB shall not be responsible or liable for any accident, injury, theft, loss or damage whatsoever sustained by Guest, which may occur in conjunction with any activity on the Tour. Guest waives any claim which Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives may have against LIBB arising from or as a result of any such accident, injury, theft, loss, or damage.
4. Guest acknowledges that it is Guest’s responsibility to provide for Guest’s own accident and health coverage while participating on the Tour. LIBB does not provide for any accident or health coverage for any of its guests.
5. Guest understands and acknowledges that many of the LIBB activities on the Tour involve the consumption of alcohol, including, but not limited to, various beers and/or other alcoholic beverages. Guest understands the potential risks associated with the consumption of alcohol and acknowledges that Guest does not have or is not aware of any medical condition(s) that would prevent Guest from consuming alcohol or would result in any injury or damage to Guest as a result of Guest’s consumption of alcohol. Guest specifically acknowledges that most beers and other alcoholic beverages are made from numerous, different ingredients and that Guest does not have any allergy or allergies that would prevent guest from consuming any such alcoholic beverage. Guest further acknowledges that it is Guest’s sole and absolute responsibility to make the provider of the alcoholic beverage(s) AND LIBB aware of any allergies they have in writing prior to the date of the Tour.
6. Guest understands and acknowledges that the Tour involves transportation by various methods, including, but not limited to, shuttle or bus transportation. Guest acknowledges and understands the potential risks associated with these methods of transportation and acknowledges that Guest does not have or is not aware of any medical condition(s) that would prevent Guest from using these methods of transportation or result in any injury or harm to Guest as a result of using these methods of transportation. Guest understands and agrees that LIBB assumes no responsibility, nor does it grant any express or implied warranties, relating to the operation, safety, condition or service of any motor vehicle such as a motor coach, minivan, limo, car service or any other means of conveyance to breweries, restaurants, hotels, inns, or any other establishments or other products associated with such entities or services that are used in whole or in part while in travel on any Tour.
7. Guest understands that it is the Guest’s sole and absolute responsibility to be present at all scheduled checkpoints and points of departure at the times and locations provided by LIBB. The Tour promptly departs on schedule at all assigned checkpoints and points of departure and does not assume any responsibility or liability for any expenses incurred by Guest, direct or consequential, by reason of Guest’s failure to adhere to LIBB’s schedule.
8. Guest acknowledges that, due to the extremely entertaining nature of the services provided by LIBB, partying may spontaneously erupt at any time. Therefore, Guest acknowledges and consents to the use of strobe lights, lighting effects and loud music and audio and represents that Guest does not suffer from any medical condition that will render the use of such lighting and/or audio adverse to Guest’s health.
9. In consideration of Guest’s participation in the various activities that comprise the Tour, Guest understands and accepts the risks associated with participation in these various activities and agrees that neither LIBB, nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entities associated with LIBB, will be liable for any personal injury, death or damage of any kind whatsoever, and without regard to the cause of such injury or damage, to Guest or others.
10. Guest agrees and acknowledges that LIBB shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the Tour by Guest, which may occur on or during the Tour. Guest hereby expressly waives any claim, which Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives may have against LIBB arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that Guest brings on a Tour is brought at Guest’s sole risk and is Guest’s sole responsibility.
11. Guest assumes the risk of and releases, defends, and holds LIBB harmless for any liability, for any death, physical or other injury, loss, or harm suffered by Guest during or as a consequence of Guest’s participation or presence in or on any activity that comprises the Tour, under any circumstances. Therefore, Guest agrees to indemnify, defend, and hold LIBB harmless against any liability, damages, defense costs (including attorneys’ fees), or from any other costs incurred in connection with the claims for bodily injury, wrongful death, or property damage brought by Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives.
12. This Agreement shall be binding on Guest’s agents, heirs, and successors or assigns, and shall apply to all sponsors, officials, officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entities associated with or connected to LIBB in any way.
13. Guest acknowledges and agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement or the rights and obligations of any Guest in connection with any Tour shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or country’s laws. By signing this Agreement, each Guest hereby submits to the exclusive jurisdiction and venue of the Federal and State Courts in Suffolk County, New York and hereby waives any claim that is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS AND HAVE SIGNED IT FREELY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT OF THE 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. BY ENTERING THE L.I. BREW BUS I HEREBY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.