Participant Waiver, Release of Liability, Assumption of Risk, and Media Release
By purchasing a ticket, booking a tour, attending a tour, or participating in any experience offered by Miami Experience City Tours (“Company,” “we,” “us,” or “our”), I acknowledge and agree to the terms of this Waiver, Release of Liability, Assumption of Risk, Indemnification Agreement, Medical Consent, and Media Release (“Agreement”).
This Agreement applies to me and, if I am booking or participating on behalf of a minor under the age of 18, to that minor as well. If a participant is under 18 years old, a parent or legal guardian must agree to this Agreement on the minor’s behalf.
- Voluntary Participation
I understand that my participation in any walking tour, food tour, cultural tour, art tour, history tour, cigar-related visit, neighborhood experience, tasting, or other activity organized by Miami Experience City Tours is completely voluntary.
I confirm that I am physically able to participate in a walking tour and that I do not have any medical, physical, mental, or other condition that would make my participation unsafe. I understand that tours may involve walking, standing for extended periods, crossing streets, being outdoors, exposure to weather, crowds, uneven sidewalks, stairs, traffic, and other conditions normally present in public areas.
I understand that anyone with heart conditions, lung conditions, mobility limitations, allergies, dietary restrictions, pregnancy-related limitations, or any other health concern should consult a doctor before participating.
- Food, Drinks, Allergies, and Dietary Risks
I understand that some tours may include food, drinks, snacks, coffee, desserts, tastings, or other items provided by restaurants, shops, vendors, or third parties.
I understand that Miami Experience City Tours does not prepare, manufacture, package, or control the ingredients of food or drinks provided by third-party businesses. I am solely responsible for informing the Company and any food or drink provider of any allergies, dietary restrictions, medical conditions, religious restrictions, or food sensitivities before consuming anything.
I understand that food and drink may contain or come into contact with allergens, including but not limited to nuts, dairy, eggs, wheat, gluten, soy, seafood, shellfish, sesame, alcohol, caffeine, or other ingredients. I accept full responsibility for any allergic reaction, illness, injury, choking incident, foodborne illness, or other health issue that may result from consuming food or beverages during the tour, whether the allergy or condition is known or unknown.
- Assumption of Risk
I understand and accept that participation in a walking tour or related activity involves risks, including but not limited to:
slips, trips, falls, uneven sidewalks, traffic, vehicles, bicycles, scooters, weather conditions, heat, humidity, dehydration, insect bites, crowds, actions of other participants, actions of pedestrians, actions of third-party vendors, food or drink reactions, choking, illness, injury, property loss, theft, or other unexpected events.
I understand that some risks are known and others may be unknown or unforeseeable. I voluntarily assume all risks connected in any way with my participation, including travel to, from, and during the tour.
- Third-Party Businesses and Locations
I understand that Miami Experience City Tours may visit or recommend restaurants, cafes, bars, cigar shops, art galleries, retail shops, landmarks, public parks, museums, streets, or other third-party locations.
I understand that the Company does not own, operate, manage, supervise, or control these third-party businesses or public areas unless specifically stated. I agree that Miami Experience City Tours is not responsible for the actions, omissions, products, services, food, drinks, employees, contractors, conditions, delays, cancellations, closures, accidents, injuries, losses, or damages caused by any third party.
- Release of Liability
To the fullest extent permitted by Florida law, I release and hold harmless Miami Experience City Tours, its owners, officers, members, managers, employees, guides, contractors, agents, affiliates, partners, successors, insurers, and representatives from any and all claims, demands, damages, losses, expenses, injuries, illness, death, property damage, theft, liability, costs, or attorney’s fees arising out of or related to my participation in any tour or activity.
This release includes, but is not limited to, claims arising from negligence, food or drink consumption, allergic reactions, accidents, walking-related injuries, third-party acts, weather conditions, public street conditions, transportation, or any other incident connected to the tour.
- Limitation of Damages
To the fullest extent allowed by law, I agree that the total liability of Miami Experience City Tours for any claim related to my participation shall not exceed the amount I paid for the tour or $500, whichever is less.
I agree that Miami Experience City Tours shall not be liable for indirect, incidental, special, punitive, emotional distress, consequential, or other damages of any kind, even if the Company was advised of the possibility of such damages.
- Indemnification
I agree to defend, indemnify, and hold harmless Miami Experience City Tours and all released parties from any claims, demands, damages, costs, expenses, attorney’s fees, or liabilities arising from my actions, my participation, my violation of this Agreement, my failure to disclose medical or allergy information, or any claim brought by or on behalf of a minor or other person for whom I booked or purchased tickets.
- Medical Treatment and Emergency Assistance
If I become ill, injured, or experience a medical emergency during a tour, I authorize Miami Experience City Tours, its guides, employees, or representatives to seek or arrange emergency medical assistance, transportation, or treatment if they believe it is necessary.
I understand that the Company is not required to provide medical care and does not guarantee that medical assistance will be available. I agree that I am responsible for all medical costs, transportation costs, ambulance fees, hospital fees, or other expenses related to any medical care or emergency assistance.
- Weather, Delays, Changes, and Cancellations
I understand that tours may take place outdoors and may be affected by weather, heat, rain, traffic, construction, street closures, special events, vendor availability, or other conditions outside the Company’s control.
Miami Experience City Tours reserves the right to modify the tour route, stops, timing, food or drink items, vendors, itinerary, or experience when necessary for safety, availability, quality, or operational reasons.
- Personal Belongings
I am responsible for my own personal property at all times. Miami Experience City Tours is not responsible for lost, stolen, damaged, or misplaced items, including phones, bags, wallets, cameras, jewelry, cash, or other belongings.
- Photo, Video, and Promotional Release
I understand that Miami Experience City Tours may take photos, videos, audio recordings, or other media during tours for marketing, advertising, social media, website content, promotional materials, training, or business purposes.
I grant Miami Experience City Tours the unlimited, worldwide, royalty-free, irrevocable right to use, reproduce, edit, publish, display, distribute, and share my image, likeness, voice, name, and participation in any media format now existing or created in the future.
I understand that I will not receive compensation for the use of any photo, video, audio, or promotional material. If I do not want to be photographed or recorded, I understand that I must notify the Company in writing before the tour begins.
- Minors
If I am signing or agreeing on behalf of a minor, I confirm that I am the parent or legal guardian of that minor, or that I have legal authority to agree on the minor’s behalf.
I accept full responsibility for the minor’s participation and agree that this Agreement applies equally to the minor. I agree to release, indemnify, and hold harmless Miami Experience City Tours from any claims brought by or on behalf of the minor.
- Severability
If any part of this Agreement is found to be invalid, illegal, or unenforceable, the remaining parts shall continue in full force and effect. Any invalid provision shall be modified only to the extent necessary to make it enforceable, or removed if modification is not possible.
- Governing Law and Venue
This Agreement shall be governed by the laws of the State of Florida. Any legal action, claim, or dispute related to this Agreement or participation in a tour shall be brought exclusively in Miami-Dade County, Florida.
- Binding Agreement
This Agreement is binding on me, my heirs, family members, estate, representatives, beneficiaries, assigns, and next of kin. It shall benefit Miami Experience City Tours and its owners, employees, contractors, representatives, successors, and assigns.
- Acknowledgment
I acknowledge that I have read and understood this Agreement. I understand that by purchasing a ticket, booking a tour, checking the acceptance box online, signing this Agreement, or participating in a tour, I am giving up important legal rights, including the right to sue Miami Experience City Tours for certain claims.
I agree that my participation is voluntary and that I accept all terms of this Waiver, Release of Liability, Assumption of Risk, Indemnification Agreement, Medical Consent, and Media Release.
By booking or participating in a tour with Miami Experience City Tours, I confirm that I have read, understood, and voluntarily agree to this Agreement.
