DISCLAIMER
Curated Tours and Events Company Incorporated makes every effort to make each food tasting tour a safe, enjoyable and memorable experience; however, as each tour takes place either in a public setting, with members of the public sharing the premises, or both, there are aspects of the food tasting tour that may be out of the control of Curated Tours and Events Company Incorporated. In addition, Curated Tours and Events Company Incorporated does not prepare and is not involved in the preparation of any food or beverage (including alcoholic beverage) that are provided during a food tasting tour.
The party purchasing tickets for and/or participating in the food tasting tours (hereinafter referred to as “the Guest”) offered by Curated Tours and Events Company Incorporated (“Curated”) in Halifax, Nova Scotia including but not limited to Neighbourhood Tour(s), Seafood Tour(s), and/or Private Bookings hereby agree to be bound by the following provisions of this Disclaimer and Waiver of Liability Agreement (the “Agreement”), the receipt and sufficiency of which is hereby acknowledged:
1. The Guest understands and acknowledges that the age of majority in the province of Nova Scotia is the age of nineteen (19) years old and confirms that they are the age of majority or will be as at the date of the food tasting tour offered by Curated that they are seeking to participate in.
2. The Guest desires to participate in the food tasting tour offered by Curated and confirm that their participation in the tour(s) is voluntary and at their sole discretion with the full knowledge and understanding of the potential risks.
3. The Guest confirms that they are in good health and suffer from no physical condition, mental condition or other health ailment that would make them especially susceptible to injury or disability while participating in any aspect of a food tasting tour offered by Curated including but not limited to walking between various locations (which may include hills, sidewalks, street crossings and other terrain); attending restaurants and other establishments (which may include walking up and down stairs, walking through unfamiliar streets, alleyways, and, driveways); and, consuming food and beverage (including alcoholic beverages) while on the tour(s). If a guest has a concern with respect to their health and ability to participate in a food tasting tour offered by Curated then they are advised to consult with their medical practitioner independently in advance of purchasing any ticket(s) from Curated.
4. The Guest confirms that they do not have a seafood, egg, gluten or dairy allergy and understand that food and drink provided by a venue visited during a food tasting tour offered by Curated may contain ingredients falling under one of the above noted categories without further notice to the Guest.
5. The Guest acknowledges that Curated does not prepare any food or beverages (including alcoholic beverages) provided for consumption during a food tasting tour and cannot confirm the ingredients contained in the food and beverages (including alcoholic beverages) provided by each venue or the ingredients used in the kitchens of each venue visited during a food tasting tour.
6. The Guest acknowledges that Curated has arranged for the portion sizes of both food and beverages (including alcoholic beverages) at each venue visited during a food tasting tour and that any additional food or beverage (including alcoholic beverages) purchased during or after a food tasting tour shall be done at the guest’s sole discretion, expense and risk.
7. The Guest fully understands and accepts all of the risks with their participation in a food tasting tour offered by Curated including but not limited to: exposure to weather conditions; exposure to the Covid-19 virus by virtue of being in public locations and private venues with the general public; exposure to different terrain including but not limited to water, ice, mud, and, dirt; food sickness; allergic reactions to food and/or beverages (including alcoholic beverages); adverse reactions to food and/or beverages (including alcoholic beverages); and, injuries arising from self-inflicted accidents, other participants, motor vehicles (including motorized scooters and other motorized vehicles that frequent sidewalks and roadways), bicycles, and/or pedestrians.
8. The Guest fully assumes all risks, known and unknown, foreseeable and unforeseeable, in any way connected with a food tasting tour offered by Curated and understand that the food tasting tours take place in public locations and in conditions largely out of Curated’s control. The guest further accepts personal responsibility for any liability, injury, loss or damage in any way connected with their participation in a food tasting tour offered by Curated.
9. In addition to paragraph 8, the Guest confirms and understands that their participation in a food tasting tour offered by Curated is at their own sole risk. The Guest on behalf of themselves (and/or any entity acting through or on behalf of the Guest), hereby forever and unconditionally release Curated, and any affiliated groups, parent companies, employees (including present and former employees), owners, officers, directors, shareholders, members, managers, partners, contractors, heirs, executors, administrators, successors, assigns and/or insurers (herein collectively referred to as the “Released Parties”) from any and all manner of actions, causes of actions, losses, debts, accounts, covenants, damages, liabilities, claims, expenses (including legal fees and disbursements), and demands (herein collectively referred to as “damages”) arising or resulting in any way from the Guest’s participation through a food tasting tour offered by Curated. The Guest acknowledges that this Agreement extends without limitation to any damages resulting or caused by the negligence of Curated or any Released Parties and that this Agreement is intended to and does cover all damages, whether known at the time of the food tasting tour offered by Curated or not, which have resulted or may hereafter result or which may hereafter be discovered and which may have been caused or claimed to have been caused by Curated and/or the Released Parties.
10. The Guest acknowledges that as a precondition of attending a food tasting tour offered by Curated that they are expected to have fully read and understood this Agreement and acknowledge that they are waiving certain legal rights which they may have against Curated or the Released Parties.
11. This Agreement constitutes the entire agreement between the Guest, Curated and the Released Parties with respect to the liability and damages arising from a food tasting tour offered by Curated and supersedes all previous communications, representations, and agreements (whether verbal or written) between the parties with respect to the food tasting tours offered by Curated. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Agreement and none of the provisions of this Agreement can be waived and/or modified without the express written consent and acknowledgement of the Guest and Curated.
12. The Guest acknowledges that this Agreement shall be governed in all respects by the laws of the Province of Nova Scotia. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforcement of any other provision, and any invalid provisions will be severable.