WINE TOUR DISCLAIMER
In consideration for Vine Ride LLC, a Michigan limited liability company, d/b/a Vine Ride (“Vine Ride”) agreeing to take you and those in your party on a wine tasting tour (“Tour”), you, on behalf of yourself and on behalf of those in your party (hereinafter individually and collectively referred to as “Participant”), hereby acknowledge, represent, warrant and agree to the disclaimer (“Agreement”) as follows, with the knowledge that Vine Ride will rely on the warranties and obligations contained herein:
1. Participant acknowledges and agrees that Participant is voluntarily embarking on a wine tasting tour, which involves potentially dangerous activities, as well as the consumption of alcohol. Participant assumes all risks, known and unknown, foreseeable and unforeseeable, associated with all Tour activities.
2. Participant agrees to take full responsibility for Participant’s own actions, safety and welfare. Participant further understands that Participant will be a member of a Tour group. Participant agrees that Participant will conduct himself or herself in a way that does not endanger Participant or the Tour group.
3. Participant acknowledges and understands that many of Vine Ride’s activities on the Tour involve the consumption of alcohol, including, but not limited to, various wines. Participant understands the potential risks associated with the consumption of alcohol and Participant acknowledges that Participant does not have or Participant is not aware of any medical condition(s) that would prevent Participant from consuming alcohol or would result in any injury or damage to Participant as a result of Participant’s consumption of alcohol. Participant assumes all risks, known and unknown, foreseeable and unforeseeable, associated with alcohol consumption.
4. Participant agrees to exercise ordinary and reasonable care at all times, and to not imbibe alcohol to the extent that Participant’s judgment is impaired. Participant acknowledges and agrees that Vine Ride shall not be responsible or liable for any accident, injury, theft, loss or damage caused by Participant’s impaired judgment or negligence. Participant waives any claim which Participant, Participant’s heirs, successors, assigns, spouse, family members or legal representatives may have against Vine Ride arising from or as a result of any such accident, injury, theft, loss or damage caused by Participant’s impaired judgment or negligence.
5. Participant acknowledges that it is Participant’s responsibility to provide for Participant’s own accident and health coverage while participating on the Tour. Vine Ride does not provide for any accident or health coverage for any of its Tour participants.
6. Participant acknowledges and understands that the Tour involves transportation by various motor vehicles, including, but not limited to shuttle, van or bus transportation. Participant understands the potential risks associated with these methods of transportation and acknowledges that Participant does not have any medical condition(s) that would prevent Participant from using these methods of transportation or would result in any injury or harm to Participant as a result of using these methods of transportation. Participant assumes all risks, known and unknown, foreseeable and unforeseeable, associated with these methods of transportation.
7. While Participant understands and agrees that Vine Ride will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the Tour, Participant understands that Vine Ride assumes no responsibility, nor does Vine Ride grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles.
8. In consideration of Participant’s participation in the various activities that comprise the Tour, Participant understands and accepts all risks, known and unknown, foreseeable and unforeseeable, associated with participation in these various activities. Participant agrees that neither Vine Ride, nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with Vine Ride, will be liable for any personal injury, death or damage of any kind whatsoever, unless caused by Vine Ride’s gross negligence or intentional malfeasance.
9. Participant acknowledges and agrees that Vine Ride shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the Tour by Participant, which may occur on or during the Tour. Participant hereby expressly waives any claim which Participant, Participant’s heirs, successors, assigns, spouse, family members, or legal representatives may have against Vine Ride arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property Participant brings on the Tour is brought at Participant’s sole risk and is Participant’s sole responsibility.
10. Participant assumes the risk of and releases, defends, and holds Vine Ride harmless for any liability, for any death, physical or other injury, loss, or harm suffered by during or as a consequence of Participant’s participation or presence in or on any activity that comprises the Tour under any circumstances unless caused by Vine Ride’s gross negligence or intentional malfeasance. Therefore, Participant agrees to indemnify, defend, and hold Vine Ride harmless against any liability, damages, defense costs (including attorneys’ fees), or from any other costs incurred in connection with any claims for bodily injury, wrongful death, or property damage brought by Participant, Participant’s heirs, successors, assigns, spouse, family members, or legal representatives, except to the extent that any loss or damage is caused by Vine Ride’s gross negligence or intentional malfeasance.
11. This Agreement shall be binding on Participant’s heirs, successors, assigns, spouse, family members, and legal representatives, and shall apply to all sponsors, officers, officials, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, and any other individuals or entitles associated with or connected to Vine Ride in anyway.
12. Participant acknowledges and agrees that Participant has read, understands and agrees to the Terms of Service as found on Vine Ride’s website.
13. Participant hereby gives full consent to Vine Ride to use and publish Participant’s likeness on Vine Ride’s advertisements; Participant acknowledges that Vine Ride does not have to compensate Participant in any way for the use of Participant’s likeness on Vine Ride advertisements. Likenesses include, but are not limited to photographs, images, renderings, and drawings of Participant. Advertisements include, but are not limited to Vine Ride’s website as well as any brochures, bulletins, digital advertisements, web-based advertisements, and printed advertisements in newspapers and/or magazines.
14. Participant agrees that under no circumstances shall Vine Ride be liable for any consequential, special, indirect, incidental, exemplary or punitive damages of any kind or nature whatsoever, regardless of whether arising from breach of contract or tort, even if Vine Ride was advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen by Vine Ride.
15. To the fullest extent permitted by Law, all parties to this Agreement voluntarily and knowingly, WAIVE THE RIGHT TO A TRIAL BY JURY after consulting with counsel (or after having waived the opportunity to consult with counsel). THE RIGHT TO A TRIAL BY JURY IS A RIGHT PARTIES WOULD OR MIGHT OTHERWISE HAVE HAD UNDER THE CONSTITUTIONS OF THE UNITED STATES OF AMERICA AND THE STATE OF MICHIGAN. THIS WAIVER APPLIES IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING DIRECTLY OR INDIRECTLY TO THE TERMS OF THIS AGREEMENT. The parties’ reciprocal agreement to the waiver set forth in the foregoing sentence is a material inducement to the parties’ respective agreements to the other terms of this Agreement.
16. The parties to this Agreement agree to cooperate by supporting and fully participating in all efforts to resolve disputes, complaints, claims and other problems that arise or are related to this Agreement through mediation or through binding arbitration in accordance with the principles of the Uniform Arbitration Act, and other related laws of the State of Michigan. THE PARTIES MAKE THE FOREGOING COMMITMENT WITH FULL KNOWLEDGE THAT BY AGREEING TO SUBMIT DISPUTES TO BINDING ARBITRATION, THE PARTIES ARE AGREEING NOT TO RESORT TO THE COURTS OR THE JUDICIAL SYSTEM, AND ARE WAIVING THEIR RIGHTS TO DO SO. Should the parties not be able to resolve their dispute through mediation, each party will voluntarily submit to binding arbitration and shall appoint their own arbitrator. These arbitrators shall select a mutual third arbitrator, thus forming an “Arbitration Panel” that will then proceed to schedule the matter for disposition. In the event that the individual arbitrators are unable to agree on a neutral arbitrator, either party shall have the right to petition the Emmet County District Court to appoint a neutral arbitrator. In order to initiate the binding arbitration process, either party will submit a written request for arbitration to the other party, within a reasonable time following the unsuccessful mediation of their dispute.
17. Participant 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 individual in connection with any Tour shall be governed by and construed in accordance with the internal laws of the State of Michigan 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. If paragraph sixteen (16) is found to be unenforceable, then Participant hereby submits to the exclusive jurisdiction and venue of the state courts in Petoskey, Emmet County, Michigan 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.
PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS CAREFULLY READ THIS AGREEMENT AND SUBMITS TO ALL OF THE FOREGOING PROVISIONS. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT ENTERS INTO THIS AGREEMENT FREELY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANYONE, AND THAT PARTICIPANT HAS BEEN AFFORDED THE OPPORTUNITY TO REVIEW THIS AGREEMENT WITH AN ATTORNEY OF PARTICIPANT’S OWN CHOOSING. PARTICIPANT INTENDS THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT OF THE LAW AND AGREES THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. PARTICIPANT ACKNOWLEDGES AND UNDERSTANDS THAT PARTICIPANT IS GIVING UP SUBSTANTIAL RIGHTS BY AGREEING TO THIS AGREEMENT. PARTICIPANT HEREBY AGREES TO ALL PROVISIONS OF THIS AGREEMENT.