Waiver and release of claims

Taco Mensch Waiver and Release of Claims

By virtue of purchasing tickets for and/or participating in the food tasting and cultural walking tours offered by Taco Mensch (the “Company”), and in consideration of being allowed to purchase said tickets, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the purchaser/tour participant (the “Participant”) understands, acknowledges, represents, warrants, and agrees as follows, with the knowledge that the Company will rely on same:

1. Participation in Tours
Participant desires to participate in the food tasting and cultural walking tours offered by Taco Mensch (the “Tours”).

2. Health Condition
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.

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

4. Grant of Rights
Participant grants to Tac Mensch and Company’s assigns the irrevocable, sub-licensable right and authority to use Participant’s name, likeness, photograph, and/or picture for any and all commercial or non-commercial purposes now known or later developed in perpetuity throughout the universe without further obligation or compensation to Participant.

5. Release of Liability
Participant’s participation in the tours is at Participant’s own sole risk. Participant, on behalf of himself/herself and/or any person or entity acting through or on behalf of Participant, hereby forever and unconditionally releases Taco Mensch, and any affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors of the foregoing (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 the tours, including, without limitation, any and all claims, actions, and liabilities for death, injury, loss or damage to Participant, to anyone 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 himself/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 the 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 the tours.

6. Entire Agreement
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.

7. Modification and Waiver
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 the same or similar acts at any subsequent time.

8. Governing Law:
Mexican law shall apply to all matters related to participation in the services offered by Taco Mensch.