Before transporting the transferee and his/her family in any of the vehicles used by Club eXpats, the client must sign the following waiver, which simply limits the liability of the driver and Club eXpats if an accident should occur.
I, __________________ affirm that I and my attendees fully understand and agree to the following Participant Waiver and Release of Liability. I acknowledge, attest, agree and represent as follows:
☐ I am at least 18 years of age.
☐ I understand that my safety is my responsibility.
☐ I understand and agree that the loss, theft, or destruction of my belongings is my sole responsibility.
☐ I fully understand and accept, without limitation, all of the risks associated with my participation while on the tour, including injury and death whether through my own actions or those of other participants,pedestrians, restaurant patrons, automobiles, public transportation, acts of nature or any other external parties.
☐I understand and agree that the safety and wellbeing of minors under the age of 18 accompanying myself or my party are my sole responsibility.
☐I agree not to consume alcohol during the time of the visit if I am under 21 years of age or do not have valid government issued identification in my possession during the tour.
☐I affirm that I fully and clearly understand that restaurant visits may involve optional alcohol tastings. If I am at least 21 years of age with valid government issued identification, and I choose to consume alcohol before, during, or after the visits, I will accept full responsibility for my behavior, well being, and health and will not become intoxicated.
☐ I agree to disclose any and all food allergies, dietary restrictions, and medical health concerns of myself or anyone in my party, to club eXpats via email or in person prior to our visit commencement. I will not consume food to which I am allergic.
☐ I understand that I will be consuming food on this visit and that I accept all risks associated with my participation including food sickness and death. I am free to choose which foods, if any, I consume.
☐ I represent that I am in good health, in proper physical condition, and capable of walking long distances outdoors. I am encouraged to wear proper clothing, use sunscreen, and stay hydrated throughout the visit. I am sufficiently self-aware to stop physical activity before I become ill or injured.
☐ If while on the visit I begin to feel faint or nauseous, I will notify the person of Club eXpats and seek medical attention if necessary. I understand that my safety is my responsibility. I understand while on the visit I may become injured or harmed. I assume this risk and release club eXpats from any health related liability or damages resulting from my participation.
☐ I understand agree that Club eXpats reserves the right to disqualify anyone at any time during the visit if he or she feels the person is incapable and/or his participation will jeopardize the individuals involved. Refunds are not given under such circumstances.
☐ I am aware that all streets along the visit are open to regular vehicular traffic and I will obey all traffic laws and regulations.
☐ I hereby waive liability and release Club eXpats, its affiliates, owners, vendors, operators, agents and employees from any and all actions, causes of action, suits, claims, controversies, damages, judgments and executions whatsoever, in law or in equity, direct or indirect, known or unknown, foreseeable or unforeseeable, which you may have or acquire, arising from, concerning or related to entry in, travel to or from and/or participation in Club eXpats events.
☐ I agree that Club eXpats is not liable for any delay or cancellation that results from acts of participants, agents, employees, acts of God, public enemy, or the United States; or fire, flood, natural disaster, strikes, or civil disturbance.
☐ I agree to grant to Club eXpats an irrevocable, sub-licensable, non-exclusive, perpetual, royalty-free right to use my name, photographic, video and digital likeness as well as any content submitted via website(s) or electronic mail, solely for our promotional and/or commercial purposes without further obligation or compensation.
This Participant Waiver and Release of Liability and subsequent Terms and
Conditions shall be construed in accordance with, and its validity and effect
(including any claims for breach of any of the terms thereof) shall be governed
by the laws of the State of Florida, and this Participant Waiver and Release of
Liability and subsequent Terms and Conditions contains the entire understanding
and the agreement of the parties hereto and supersedes all other written and
oral exchanges, arrangements or negotiations among them, whether written or
oral, concerning the subject matter hereof.
Any dispute related in any way to your use of this website, participation on a
visit,or to services you purchase through Club eXpats shall be submitted to
confidential arbitration in Miami, Florida. Arbitration under this agreement shall
be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator’s award shall be binding and may be entered as a
judgment in any court of competent jurisdiction.
I do hereby release and agree to hold harmless Club eXpats, its affiliates, owners, vendors, operators, agents and employees from any and all liability associated with the above representations and agreements. In addition, participation in this visit is at my sole risk, and I agree to release, discharge, defend and indemnify against, any and all liability, whether caused by willful or negligent conduct, Club eXpats, its affiliates, owners, operators, agents, and employees from any claims, actions and liabilities for injury (including death), illness and property losses, theft or damages to myself and those participating in the visit with me. This release shall extend to and include any person/entity acting through or on my behalf.