By booking, purchasing, and/or participating in any tour offered by Wynwood Buggies Inc. (hereinafter referred to as "the Company"), I acknowledge and agree to the following terms and conditions:
1. Waiver and Release of Liability: I, as the party agreeing to these terms, hereby waive any and all claims, both now and in the future, and release the Company, its officers, agents, representatives, employees, and tour guides from any liability. I agree not to sue the Company for any personal injury, death, property damage, or loss that may occur during or as a result of my participation in the guided golf cart tour, Graffiti Class, walking tour, or food tour, regardless of the cause, including but not limited to negligence on the part of the Company, its staff, tour partners, or other participants. This release also includes claims arising from war, civil disturbance, pandemic, or epidemic.
2. Responsibility for Legal Costs: If I breach this agreement and attempt to file a lawsuit against any of the aforementioned parties, I acknowledge that I will be responsible for the payment of attorneys' fees and any costs incurred by such person in defending against such action.
3. Assumption of Risk: I acknowledge that I am voluntarily participating in the tour and affirm that I am in good health. I am fully aware of the risks and hazards associated with the activity, including those explicitly mentioned in this agreement. I willingly assume full responsibility for any risk of loss, property damage, personal injury, including death, that I may suffer, as well as any loss or damage to my own property resulting from my participation in such activity.
4. Additional Dangers and Risks: I understand that the tour may involve inherent dangers and risks, in addition to the usual ones. These risks may include pre-existing physical exertion or illnesses for which I may be unprepared, as well as extreme weather conditions subject to sudden and unexpected changes.
5. Acceptance of Inherent Risks: I accept all risks inherent in the proposed trip, including the possibility of personal injury, illness, death, or property damage or loss arising from such risks. I acknowledge that the enjoyment and excitement of the proposed form of travel is derived, in part, from the inherent risks involved in tours and activities beyond the accepted safety of life at home or at work. These inherent risks contribute to such enjoyment and excitement and are a reason for my participation. In the event that I suffer injury or illness, I agree that the Company may, at my expense, arrange for any necessary medical treatment and emergency evacuation services for my health and safety. I understand that the Company will not be responsible for any medical costs associated with any injury I may suffer.
6. Responsibility for Personal Conduct: I acknowledge that I am responsible for any damage I cause to employees or property during the tour. I agree to abide by and comply with any additional instructions given by my tour guide or any other staff member of the Company throughout the tour. I understand that failure to comply may result in injury, death, or permanent disability. Non-compliance may also result in my expulsion from the tour or other experiences. As a tour participant, I accept full responsibility for my behavior, well-being, and health throughout the tour, which may involve a variety of activities, unfamiliar locations, and modes of travel.
7. Safety Measures: The Company will provide all necessary safety equipment, including masks, gloves, shoe covers, goggles, aprons, or safety belts, to ensure the safe execution of different activities or experiences. I agree not to hold Wynwood Buggies Inc. or its personnel responsible in the event that I suffer any damage while using this equipment.
8. Alcohol Consumption: I acknowledge and understand the dangers associated with alcohol consumption. I agree that I am solely responsible for withdrawing from participation in the guided golf cart tour if, at any time, I feel unable to complete or participate safely.
9. Indemnification: I hereby agree to indemnify and hold harmless the Company from any loss, liability, damage, or cost, including court costs and attorney's fees, that I may incur due to my participation in the tour, or otherwise, whether caused by the negligence of Wynwood Buggies Inc. or otherwise.
10. Non-Reliance: By agreeing to this Waiver and Release, I confirm that I am not relying on any oral, written, or visual representations or statements by Wynwood Buggies Inc. or its staff, or any other inducement or coercion to participate in the tour.
11. Governing Law and Venue: This waiver shall be governed by the laws of the State of Florida, without regard to any conflict of laws principles. Venue for any legal disputes shall be in Miami-Dade County.
12. Binding Agreement: I confirm that, of my own free will, I have read and understand the Terms and Conditions of this tour, as well as this Waiver and Release of Liability. I agree that this Waiver and Release shall be binding upon my heirs, next of kin, executors, administrators, and successors.
13. Photographic and Video Release: I agree to grant the sponsors of this tour a worldwide, royalty-free license to use my photographic, video, or digital image solely for promotional, educational, and/or commercial purposes.
By participating in the tour, I affirm that I have fully understood and accepted these General Terms and Conditions, as well as the Waiver and Release of Liability.