WAIVER & RELEASE

By purchasing tickets for and / or participating in the tours offered by Denver Graffiti Tour, whether a public tour or a private tour, irrespective of who organized the tour, all individuals agree to the terms of their experience with Denver Graffiti Tour, and WAIVE THE RIGHT TO SUE THE DENVER GRAFFITI TOUR AND TO EXERCISE OTHER LEGAL RIGHTS.

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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 understands, acknowledges represents, warrants and agrees as follows, with the knowledge that Denver Graffiti Tour will rely on same:

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1. Participant desires to participate in the cultural walking tours offered by Denver Graffiti Tour, and confirms that by their own free will they are not relying on any inducement or coercion to go on the tour. 

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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.

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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, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death.

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4. Participant accepts full responsibility for their behavior, wellbeing, and health throughout the tour, which may include a variety of activities, unfamiliar locations, and modes of travel. Participant acknowledges that the tour may involve walking through unfamiliar and/or narrow, steep, or uneven corridors, sidewalks, stairways, driveways, alleyways, and roadways.

 

5. At all times during the tour, participant agrees to abide by and comply with any additional instructions given by their tour guide or any other individual associated with the Denver Graffiti Tour. Participant further acknowledges that non-compliance may result in injury, death or permanent disability, and that non-compliance may result in their removal from the tour.

 

6. Participant also confirms that, by their own free will, they have read and understood the Terms and Conditions of this walking tour, and this Waiver and Release, prior to purchasing a tour ticket or participating in a walking tour. Participant further agrees that this Waiver and Release is binding upon their heirs, next of kin, executors, administrators, and successors.

 

7. Participants grant to Denver Graffiti Tour and its assigns the irrevocable, sub-licensable right and authority to use Participant’s name, likeness, photograph for any commercial or non-commercial purposes, including but not limited to: website, Facebook, Instagram, now known or later developed in perpetuity without further obligation or compensation.

 

8. PARTICIPANT’S PARTICIPATION IN TOURS IS AT 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 LIMITATION (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 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 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 TOURS.

 

9. 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. This includes any other oral, written, or visual representations or statements by the Denver Graffiti Tour or its assigns / releasees.

 

10. 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 hereunder 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.

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