Release of Liability, Waiver of Claims, Indemnity Agreement, and Photo Release
In consideration for being permitted to participate in the activity(ies) described above and related activities, I hereby agree, acknowledge and appreciate
that:
1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or
property WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities (herein referred to as “releasees”): Holiday
Lights Trolley, LLC, a Michigan corporation.
2. To release the releasees, their officers, directors, employees, contractors, representatives, agents, and volunteers, vessels, and its parent and subsidiary
affiliates from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may
have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the
releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability,
death, or loss or damage to person or property that may occur as a result of engaging in the above activities.
3. I hereby give Holiday Lights Trolley, LLC, its officers, directors, employees, contractors, vendors, affiliates, and agents, and its assigns, licensees,
successors in interest, legal representatives, and heirs the irrevocable right to use and make photographs (still, film, tape or otherwise), to use and
record with a video or audio recording device, my name (or any fictional name), picture, portrait, photograph, and/or likeness in all forms and in
all media and in all manners (“Likeness”), without any restriction as to changes or alterations (including but not limited to blurring, distortion, alteration,
optical illusion or use in composite form, or derivative works of my Likeness made in any medium, whether intentional or otherwise) in connection with the
activity(ies) through the Company’s business, products and/or services, including by not limited to for advertising , for publication or any lawful purposes. I
waive any right to inspect, modify, or approve any intermediary versions(s) or finished version(s) of the results of the use of my likeness (“Results”). I waive
any right to further compensation.
4. This event is a tour that at times takes place inside breweries, restaurants, bars, or other locations where alcohol is served. The Company is
not directly affiliated with any of the locations. There is NO OBLIGATION for any Guest to purchase or consume alcohol during the Event. The
decision to consume alcohol is solely at the discretion of the Guest. In addition, the trolley has a high clearance, steps, and a narrow aisle and
may not be easy for all Guests to maneuver. Each Guest hereby acknowledges these facts. Each Guest is responsible for his or her own entry
and movement onto and throughout the trolley.
5. By entering into this agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth
in this Agreement.
Participant agrees that Participant is signing this release, granting the rights hereunder, waiving the Claims as set forth above and otherwise participating in
the Event without any promise of compensation. This release, which shall be governed by the laws of the State of Massachusetts, Illinois, Ohio and
Michigan applicable to agreements wholly executed and performed within such state, constitutes the entire agreement and understanding between the
parties in connection with the above matters and supersedes all prior agreements whether written or oral in connection therewith and may not be modified
or amended except by written instrument executed by Participant and BYOB Holiday Lights Trolley.
Holiday Lights Trolley Code of Conduct
1. No guests under the age of 21 will be permitted into the public tour events.
2. No guests carrying a firearm or any other form of weapon will be permitted into the event.
3. You must at all times follow the instructions of the tour guides and be on time for trolley departures.
a. I understand if I am not at the scheduled pick-up location at the scheduled time, transportation
is no longer provided to me. Holiday Lights Trolley is not responsible for my transportation for
the remainder of the event.
4. Absolutely no abusive or offensive language or behavior towards others.
5. No smoking on any transportation.
6. Drink responsibly.
7. You will be asked to leave the tour if you:
a. Break the law. This includes bringing any open containers out of the bar or out of the trolley onto the
street.
b. Threaten or use of violence.
c. Sexual or any other form or harassment.
d. Become excessively drunk, rude, or sick at any time while on the tour.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be
enforceable.
By signing this form, you, the guest, agree to waive any present or future claims or actions and will release and hold harmless the Company from any and
all liability as a result of any injury suffered or incurred during the Event, for any reason, whether consuming alcohol or not.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND
UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I
REPRESENT THAT I AM OVER 21 AND LEGALLY COMPETENT TO EXECUTE THIS AGREEMENT, WHICH SHALL BE A BINDING COMMITMENT.
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DATE PRINT NAME SIGNATURE
The undersigned (“Participant”) has voluntarily agreed to participate in BYOB Holiday Lights Trolley (the “Event”) organized by Holiday Lights Trolley LLC.
Participant acknowledges that participation in the Event involves inherent risks and dangers including but not limited to, accidents, personal and bodily
injury (including death), exposure to certain illnesses (including COVID-19 and similar viruses), and property loss or damage (collectively, "Risks"). These
Risks may result from Participant’s own actions or inactions, as well as the actions or inactions of others, the requirements of the Event, and/or the
conditions of the facilities and/or equipment thereon or therein. Further, there may be other Risks not known to Participant and not reasonably foreseeable
at this time, including medical conditions of which Participant is not aware. Participant has considered the nature and extent of the risks involved and
voluntarily chooses to assume and accept all such Risks, both known and unknown, even those Risks that may result from negligence of the "Event" (as
that term is defined below) or others and Participant assumes full responsibility for participation in the Event. Participant consents to treatment in the event
of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, Participant requires medical care.
I further acknowledge that Holiday Lights Trolley LLC and its subsidiaries (“BYOB Holiday Lights Trolley”) has put in place preventative measures to
reduce the spread of the Coronavirus/COVID-19, and that I am fully aware of those measures and will comply with all such measures.
I further acknowledge that BYOB Holiday Lights Trolley cannot ensure or 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, BYOB Holiday Lights Trolleys owners, managers, employees, representatives, partners, and attendees.
I hereby affirm and attest that:
* I have not been diagnosed with Coronavirus/COVID-19 (or, if diagnosed, I have been officially cleared, by written notification, as non-contagious by state
or local public health authorities) and I have not in the last 14 days experienced any of the known symptoms of Coronavirus/COVID-19 — and have not had
any close contact with anyone who is either confirmed or suspected of being infected with Coronavirus/COVID-19 and/or who has experienced any of the
know symptoms of Coronavirus/COVID-19 — those known symptoms including without limitation:
• Elevated temperature or fever of 100.4 F or higher
• Cough
• Shortness of breath and/or difficulty breathing
• Loss of smell and/or taste
• Fatigue, muscle aches, chills and/or shaking
• Sore throat
• Persistent headaches
I hereby release and agree to hold Holiday Lights Trolley LLC, the Event venue, and Event partners harmless from, and waive on behalf of myself, my
heirs, and any representatives any and all causes 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 by BYOB Holiday Lights Trolley or any of its owners, managers, employees,
representatives, partners and/or attendees, or that may otherwise arise in any way in connection with any services received from BYOB Holiday Lights
Trolley. I understand that this release discharges Holiday Lights Trolley LLCz from any liability or claim that I, my heirs, or any representatives may have
against Holiday Lights Trolley LLC with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in
connection to, any BYOB Holiday Lights Trolley or Holiday Lights Trolley LLC events. This liability waiver and release extends to Holiday Lights Trolley
LLC, BYOB Holiday Lights Trolley together with all of its owners, managers, employees, representatives, partners and/or guests.
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