WAIVER AND RELEASE OF LIABILITY
READ CAREFULLY, THIS AFFECTS YOUR LEGAL RIGHTS
This Waiver and Release of Liability (“Agreement”) is entered into in consideration of the services provided by The Curious Mexican, Devoured, and any of their related entities, affiliates, partners, employees, representatives, contractors, and agents (collectively, “The Curious Mexican & Devoured”). By participating in any activity, including but not limited to food tours, culinary experiences, and related services (collectively, the “Activities”), the participant (“Participant”) agrees to the following:
1. AGREEMENT TO FOLLOW INSTRUCTIONS
Participant agrees to comply with all posted rules and verbal instructions provided by The Curious Mexican & Devoured and their representatives, and understands that failure to do so may result in removal from the Activity without refund.
2. ASSUMPTION OF RISK
Participant understands that participating in culinary and cultural activities involves inherent risks including, but not limited to, food allergies, foodborne illness, physical injury, accidents during walking tours, and other unforeseeable risks.
Participant voluntarily assumes all such risks, known or unknown, and accepts full responsibility for any personal injury, illness, or damage resulting from participation in the Activities. Participant is responsible for notifying the organizers of any allergies, dietary restrictions, or physical limitations prior to participation.
3. RELEASE OF LIABILITY
To the fullest extent permitted by law, Participant hereby releases, waives, and discharges The Curious Mexican & Devoured, including its owners, employees, affiliates, agents, and collaborators (“Released Parties”), from any and all liability for injury, illness, loss, damage, claim, or expense arising from participation in any Activity, including but not limited to those caused by the negligence of the Released Parties or any third party.
4. INDEMNIFICATION
Participant agrees to indemnify, defend, and hold harmless The Curious Mexican & Devoured and the Released Parties from any claims, causes of action, damages, costs, or expenses (including reasonable attorney fees) arising out of or related to Participant’s involvement in the Activities, including any failure to disclose relevant medical or dietary conditions.
5. PROPERTY DAMAGE
Participant agrees to be responsible for any damage caused to property, facilities, or equipment used during the Activity due to their negligent, reckless, or willful behavior.
6. CANCELLATIONS AND MODIFICATIONS
The Curious Mexican & Devoured reserves the right to modify, reschedule, or cancel Activities due to unforeseen circumstances including, but not limited to, illness, weather conditions, or lack of sufficient participants. In such cases, alternative dates or refunds may be offered at the discretion of the organizers.
7. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Mexico. Any disputes arising from this Agreement or participation in the Activities shall be resolved in the courts of Mexico City.
8. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9. VOLUNTARY PARTICIPATION
Participant affirms that they are participating voluntarily, are of legal age (or have obtained consent from a legal guardian), and are not under duress or undue influence to sign this Agreement. Participant acknowledges the opportunity to seek independent legal advice prior to participation.
10. ENTIRE AGREEMENT
This Agreement represents the entire understanding between the parties and supersedes all prior discussions or agreements, whether written or oral, relating to the subject matter herein.
By proceeding with booking or participating in any Activity, the Participant acknowledges that they have read, understood, and agreed to the terms of this Waiver and Release of Liability.
