Participant Waiver for Niagara Food Tours

By clicking the checked box upon checkout acknowledging this waiver and the terms and conditions, I agree that I have requested to participate in an event, tour, class or activity (an “Experience”) offered by Niagara Food Tours (the “Company”). In consideration of the Company’s permission to participate in the Experience, I agree to the terms of this agreement.

  1. I understand that I may be photographed or recorded during the Experience and I hereby waive all rights of publicity, privacy, or preapproval that I have for any such likeness of me. I hereby grant the Company permission to use, edit, alter, copy, exhibit, distribute, and publish (including by electronic means) such likeness of me without payment or restriction. I waive any right to royalties or other compensation arising from or related to the use of any such likeness of me. Additionally, I understand all images and videos will become the property of the Company and will not be returned.
  2. I understand and freely accept all of the risks associated with my participation in the Experience including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries, including self inflicted or by other participants, automobiles, pedestrians and the like). I am in good health and I am not suffering from any physical injury or impediment that would make me especially susceptible to injury while participating in the Experience.
  3. This agreement is governed by Ontario law. The courts in Ontario, shall have exclusive jurisdiction over any disputes arising under or related to this agreement and I expressly consent to the personal jurisdiction and venue of same.
  4. I acknowledge and agree that the Company is relying upon all of the terms of this agreement, including my representations, and would not agree to my participation in the Experience in their absence.
  5. By purchasing this package I consent to share my information with the FirstOntario Performing Arts Centre. Personal information provided to the FirstOntario Performing Arts Centre is collected under the authority of the Municipal Freedom of Information and Protection Privacy Act, R.S.O. 1980, 29(2), and will be used to confirm purchases and donations; to inform the purchaser/donor of changes to the event for which tickets were purchased; and to provide updates on upcoming event/fundraising initiatives. Questions about this collection should be directed to the Director of Finance and Administration, 250 St Paul St., St. Catharines, ON L2R 3M2 905-322-9833
  6. This agreement constitutes the entire agreement and understanding relating to the matters herein, supersedes any prior agreement, and may be amended only by written signature of all parties. 
  7. I confirm that I am, and all guests purchased under this booking, are 18 years of age or older.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, I HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVE, RELEASE, DISCHARGE AND INDEMNIFY THE COMPANY AND ITS PRESENT AND FORMER MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS AND FOOD AND DRINK PROVIDERS (A “RELEASED PARTY”) FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (A “LOSS”), IN ANY WAY RELATED TO ANY INJURY, DEATH, LOSS, OR HARM THAT OCCURS TO ME OR MY PROPERTY DURING OR ARISING FROM THE EXPERIENCE, INCLUDING EXPOSURE OR HARM CAUSED BY COVID-19 OR MISINFORMATION ON THIS FORM OR THE HEALTH HISTORY PROVIDED BY EACH CLIENT.

THIS WAIVER INCLUDES, BUT IS NOT LIMITED TO, A LOSS ARISING FROM NEGLIGENCE, OR THE STRICT, VICARIOUS OR JOINT LIABILITY, OF ANY OF THE RELEASED PARTIES. THIS WAIVER ALSO APPLIES TO MY TRAVELING TO AND FROM THE EXPERIENCE. I HEREBY FREELY ASSUME ALL OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THE EXPERIENCE, INCLUDING WITHOUT LIMITATION, ARISING FROM DANGEROUS OR DEFECTIVE EQUIPMENT OR PROPERTY OWNED, MAINTAINED, OR CONTROLLED BY RELEASED PARTIES; UNFAVORABLE WEATHER; FOOD SICKNESS; INJURIES INCLUDING THOSE INFLICTED BY OTHER PARTICIPANTS, THIRD PARTIES, OR SELF-INFLICTED, OR COVID 19 EXPOSURE AS NOTED IN SECTION 2. I CERTIFY THAT I HAVE READ THIS AGREEMENT I AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT.