Ahoy New York Tours & Tasting LLC Waiver

As a condition of participating in this tour, Participant: (1) hereby releases Ahoy New York Tours & Tasting, LLC, its officers, owners and representatives, from all claims, liabilities, obligations, causes of action or demand that participant or his/her administrators, heirs, successors, executors, administrators, distributees, and assigns may at any and all times have had or hereafter have, due to or as a result of any personal injury, illness, bodily harm, death, or property loss arising out of his/her participation in the tour as a result of negligence or intentional acts of Ahoy New York Tours & Tasting, LLC, its officers, owners and representatives, or the negligence or intentional acts of third parities; (2) agrees to indemnify and hold harmless Ahoy New York Tours & Tasting, LLC, its officers, owners and representatives from any act committed or omitted by participant or others; (3) is solely responsible to determine which foods participant may safely ingest based on any allergies or other personal health issues and to notify the restaurant/cook at each location of any such issues; and (4) represents that he/she is in good health and able to engage in strenuous physical activity. This Waiver constitutes the entire agreement and understanding between Participant and the Released Parties, and cancels, terminates and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Waiver and Release of Claims. None of the provisions of this Waiver can be waived or modified except expressly in writing signed by Participant and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Released Parties to enforce any of their rights hereunder at any time shall not act as a waiver to enforce their rights under this Waiver for same or similar acts at any subsequent time.