Terms and Conditions
Cape May Food Tours Terms and Conditions (“Agreement”)
This Agreement was last modified on June 2, 2021.
Please read these terms and conditions (“Agreement”, “Terms and Conditions” carefully before using http://www.capemayfoodtours.com/ (“the Site”) operated by Cape May Food Tours, LLC. (“us”, “we”, “Company”, “CMFT”, or “our” ). This Agreement sets forth the legally binding terms and conditions for your use of Site at http://www.capemayfoodtours.com/ and or participation in a CMFT event.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
The Site and its original content, features and functionality are owned by Cape May Food Tours, LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may not, without the prior written approval of CMFT: (a) republish any portion of the Content on any Internet site or incorporate the content into any database compilation, archive or cache, (b) distribute any Content to others, whether or not for payment or other consideration, (c) modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content (d) scrape or otherwise copy our Content without permission. You agree not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, data gathering, or extraction method. Requests to use content for any purpose other than as permitted in this Agreement should be directed to the e-mail address listed under the heading “Contact Us”.
General Disclaimer and Limitation of Liability.
While CMFT and the Site use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. CMFT and the Site do not represent or warrant that use of any Content will not inadvertently infringe rights of third parties. CMFT and the Site have no responsibility for actions of third parties or for content provided or posted by others.
USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER CMFT, THE SITE, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE PAST, PRESENT OR FUTURE EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. CMFT, THE SITE, AND THE AFFILIATES OF THE FOREGOING ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
IN NO EVENT SHALL CMFT OR THE SITE, INCLUDING THEIR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS AND LICENSORS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OF THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CMFT, THE SITE, OR THEIR AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, CMFT AND THE SITE, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE SITE; (2) CMFT OR THE SITE’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; (4) YOUR PARTICIPATION IN ANY OF THE FOOD AND CULTURAL WALKING TOURS OFFERED THROUGH THE SITE; AND (5) ANY VIOLATION OF THIS AGREEMENT BY YOU.
Links to Other Sites
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New Jersey, United States, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updates terms on our Site. Your continued use of the Site after such changes constitutes your acceptance of the new Terms and Conditions. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement discontinue any use of the Site immediately, or do not use access or continue to access the site.
Waiver and Release Consent to Medical Attention and Grant of Rights
By purchasing tickets for and participating in the food tasting and cultural walking tours (“Tours”) offered by Cape May Food Tours, LLC (the “Company”), and in consideration for my being allowed to participate in the Tours, the receipt and sufficiency of which is hereby acknowledged, I, and if I am not yet 18 years old, my parent or legal guardian (individually and collectively referred to below in the first person singular) agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”) :
- Voluntary Participation. I understand and confirm that my participation in the Tours is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Tours.
- Comprehension of Risk. I fully comprehend and accept all of the risks associated with my participation in the Tours including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the Tours take place in public venues under conditions largely beyond Company’s control.
- Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Tours. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tours.
- Release of Liability; Limitation of Damages. I hereby forever and unconditionally release Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Tours, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Company’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Tours be greater than $100. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Tours is cumulative and not per incident. In no event shall Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof.
- Indemnification. I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Tours.
- Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.
- Consent to Medical Treatment. I authorize Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services.
- Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
- Promotional Release. I hereby grant to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Tours, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to Company an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
Covid-19 Liability Waiver
I acknowledge the contagious nature of the Coronavirus/Covid-19 and voluntarily assume the risk that I and any minor I am responsible for may be exposed to or infected by Covid-19 by attending Cape May Food Tours, LLC (“CMFT”) activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I further acknowledge that Cape May Food Tours, LLC cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/Covid-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to Cape May Food Tors, LLC staff, and other customers and their families. I further acknowledge that Cape May Food Tours, LLC has put in place preventative measures to reduce the spread of the Coronavirus/Covid-19. I voluntarily seek services provided by Cape May Food Tours, LLC and acknowledge that I am increasing my risk to exposure to the Coronavirus/Covid-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my event. I agree to abide by any and all local, state, and or federal laws with regards to Covid-19, including but not limited to wearing a mask at all required and necessary times.
I attest that:
______I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
______I have not traveled internationally within the last 14 days.
______I have not traveled to a highly impacted area within the United States of America in the last 14 days.
______I do not believe I have been exposed to someone with suspected and/or confirmed case of the Coronavirus/Covid-19.
______I have not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities.
_______I am following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/Covid-19.
I hereby release and agree to hold Cape May Food Tours, LLC harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all cause of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of Cape May Food Tours, LLC, or that may otherwise arise in any way in connection with any services received from Cape May Food Tours, LLC. I understand that this release discharges from Cape May Food Tours, LLC any liability or claim that I, my heirs, or any personal representatives may have against Cape May Food Tours, LLC with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from Cape May Food Tours, LLC. This liability waiver and release extends to Cape May Food Tours, LLC together with all owners, partners, independent contractors and employees.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE 4 PAGE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE TOURS, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY. PARTICIPATION IN THE TOURS BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.
I AGREE TO ALL OF THE PROVISIONS OF THIS DOCUMENT.
Printed First and Last Names________________________________________________________________________