Participant Waiver & Release of Liability

By purchasing ticket(s), whether directly through Food Tours of America or through an external vendor, and/or by participating on a Food Tours of America tour you affirm that you and tour attendees accompanying you fully understand and agree to the following Participant Waiver & Release of Liability and Terms & Conditions.  I acknowledge, attest, agree and represent as follows:

  1. I am at least 18 years of age.
  2. I understand that my safety is my responsibility.
  3. I understand and agree that the loss, theft, or destruction of my belongings is my sole responsibility.
  4. I fully understand and accept, without limitation, sole responsibility for all of the risks associated with my participation while on the tour, including injury and death whether through my own actions or those of other participants, tour guides, pedestrians, restaurant patrons, automobiles, public transportation, acts of nature or any other external parties.
  5. I understand and agree that the safety and wellbeing of minors under the age of 18 accompanying myself or my party are my sole responsibility.
  6. I agree not to consume alcohol during the tour if I am under 21 years of age or do not have valid government issued identification in my possession during the tour.
  7. I understand that tastings may involve optional alcoholic beverages.  If I am at least 21 years of age with valid government issued identification, and I choose to consume alcohol before, during, or after the tour, I accept full and sole responsibility for my behavior, wellbeing, and health and will not become intoxicated.
  8. I agree to disclose any and all food allergies, dietary restrictions, and medical health concerns of myself or anyone in my party, to Food Tours of America via email or in person prior to tour commencement. I will not consume food to which I am allergic.
  9. I understand that I will be consuming food and beverages on this tour and I accept sole responsibility for all risks associated with my participation including food sickness, allergic reaction, and death.  I am free to choose which foods, if any, I consume.
  10. I represent that I am in good health, in proper physical condition, and capable of walking long distances outdoors. I am encouraged to wear proper clothing, use sunscreen, and stay hydrated throughout the tour.  I am sufficiently self-aware to stop physical activity before I become ill or injured.
  11. If while on the tour I begin to feel faint or nauseous, I will notify the tour guide and seek medical attention if necessary. I understand that my safety is my sole responsibility. I understand while on the tour I may become injured or harmed. I assume sole responsibility for this risk and release Food Tours of America from all liability or damages resulting from my participation.
  12. I understand agree that tour leader reserves the right to disqualify anyone at any time during the tour if he or she feels the tour participant is incapable and/or if a tour member’s continued participation will jeopardize the individual involved or the group. Refunds are not given under such circumstances.
  13. I am aware that streets along the tour route are open to vehicular traffic and I will obey all traffic laws/regulations.
  14. I waive liability and release Food Tours of America, its affiliates, owners, vendors, operators, agents and employees from any and all actions, suits, claims, controversies, damages, judgments and executions whatsoever, in law or in equity, direct or indirect, known or unknown, foreseeable or unforeseeable, which I may have or acquire, arising from, concerning or related to entry in, travel to or from and/or participation in Food Tours of America events.
  15. I agree that Food Tours of America is not liable for delay or cancellation resulting from acts of participants, agents, employees, acts of God, public enemy, or the United States; or fire, natural disaster, strikes, or civil disturbance.
  16. I agree to grant to Food Tours of America an irrevocable, sub-licensable, non-exclusive, perpetual, royalty-free right to use my name, photographic, video and digital likeness as well as any content submitted via website(s) or electronic mail, solely for our promotional and/or commercial purposes without further obligation or compensation.
  17. This Participant Waiver & Release of Liability and subsequent Terms & Conditions shall be construed in accordance with, and its validity and effect (including any claims for breach of any of the terms thereof) shall be governed by the laws of the State of Texas, and this Participant Waiver and Release of Liability and subsequent Terms and Conditions contains the entire understanding and the agreement of the parties hereto and supersedes all other written and oral exchanges, arrangements or negotiations among them, whether written or oral, concerning the subject matter hereof.
  18. Any dispute related in any way to your use of company website, participation on a tour, or to products you purchase through Food Tours of America shall be submitted to confidential arbitration in Dallas, Texas and governed by the laws in the State of Texas. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
  19. Any dispute related in any way to your use of this website, participation on a tour, or to products you purchase through Food Tours of America shall be submitted to confidential arbitration in Dallas, Texas and governed by the laws in the State of Texas. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
  20. I do hereby release and agree to hold harmless Food Tours of America, its affiliates, owners, vendors, operators, agents and employees from any and all liability associated with the above representations and agreements.  In addition, participation in this tour is at my sole risk, and I agree to release, discharge, defend and indemnify against, any and all liability, whether caused by willful or negligent conduct, Food Tours of America, its affiliates, owners, operators, agents, and employees from any claims, actions and liabilities for injury (including death), illness and property losses, theft or damages to myself and those participating in the tour with me.  This release shall extend to and include any person/entity acting through or on my behalf.