GRAPE SAVVY TROLLEY CO. LIABILITY WAIVER
TO GRAPE SAVVY WINE TOURS, OPERATING AS GRAPE SAVVY TROLLEY CO. AND ALL ASSOCIATED, AFFILIATED AND SUBSIDIARY COMPANIES OF ANY OF THE FOREGOING, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, INSTRUCTORS, GUIDES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, HOSTS, VOLUNTEERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED AS THE “RELEASEES”)
ASSUMPTION OF RISKS:
As a passenger (defined as the “Passenger”) I am aware that travelling in an open air trolley may involve risks, dangers and hazards including, but not limited to: boarding, riding, disembarking and mechanical failure of the Grape Savvy Trolley Co. Merlot and/or Chardonnay 35 seat vehicles (referred to as the “Trolleys”); changing or inclement weather; changes or variations in road surface that may create blind spots or areas of reduced visibility; changes or variations in the surface or sub-surface; collision with natural objects, vehicles, equipment, domestic and wild animals, structures or buildings, collisions with persons; loss of balance or control; slips, trips and falls; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligent rescue or first aid; failure to act safely or within one’s own ability; negligence of other passengers and other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES.
I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am also aware that the risks, dangers, and hazards referred to above exist throughout and beyond the time I am a passenger on the Trolleys. I also understand and agree that I am not to board the Trolleys if I am impaired by alcohol or a drug and that I accept full responsibility for any consequence of any alcohol I consume on any travel or tour on the Trolleys. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:
In consideration of the Releasees accepting permitting my use of the Trolleys and my participation in the trolleys travel and any tours, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my use of or my presence or travel on the Trolleys or at any destination point from the Trolleys, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY APPLICABLE OCCUPIERS’ LIABILITY LEGISLATION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of or personal injury to any third party, resulting from my use of or presence on the Trolleys or attendance at or travel to any destination on the Trolleys.
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of British Columbia and no other jurisdiction.
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia.
In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of travelling on the Trolleys or the Trolleys themselves other than what is set forth in this Agreement.
The Trolley Ticket issued to the Passenger is the property of the Releasees, is not transferable, is not for resale and is revocable for misconduct or breach of any safety rules, including impairment, as determined by the Trolley operator in her or his sole and absolute discretion.
In the event of misconduct or non-observation of the safety rules, including impairment, on the part of the Passenger, she or he will be prohibited use of the Trolleys for the remainder of that day.
I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS THAT I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.