RELEASE OF LIABILITY READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the food activities offered by The Curious Mexican/Devoured and/or use of the property, facilities and services of The Curious Mexican, I agree for myself and (if applicable) for the members of my family, to the following release of liability (WAIVER).
By Participating in any activity, the participant therefore agrees to each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by The Curious Mexican & Devoured, or the employees, representatives or agents of The Curious Friends.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge The Curious Mexican & Devoured for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of The Curious Mexican & Devoured, whether caused by the fault of myself, my family, The Curious Mexican, Devoured or other third parties. By participating on an activity offered by The Curious Mexican & Devoured, both parties agree that: a. You accept all risks and responsibility associated with any food and cultural activity offered b. You are in good health and if you have any limitations (physical, mental and psychological), they are your responsibility to communicate and you accept all risk and responsibility should any consequence arise from one of our tours (i.e. allergic reactions, falls, sickness, psychological episodes, etc) c. Your participation in any activity is done at your own risk and insurance.
3. RELEASE OF LIABILITY AND OF DAMAGES. By participating on any activity offered directly by The Curious Mexican & Devoured and its dba’s, The Curious Mexican & Devoured are therefore released from any liability and damages and this liability release also includes its affiliated entities, trademarks, subsidiaries, present and former employees, owners, officers, members, managers, partners, collaborators (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses in which are related to my participation in The Curious Mexican & Devoured activities. The Curious Mexican & Devoured release themselves from any liabilities resulting from the negligence and misconduct of the participant.
4. INDEMNIFICATION. I agree to indemnify and defend The Curious Mexican & Devoured against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of The Curious Mexican & Devoured.
5. FEES. I agree to pay for all damages to the facilities of The Curious Mexican & Devoured caused by any negligent, reckless, or willful actions by me or my family.
6. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Mexican law.
7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to adhere to this Agreement and that I have been given a reasonable opportunity to review it before participating on any activity. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
8. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
9. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
