Liability Waiver

I, the undersigned, agree to this release of all claims, waiver of liability and assumption of risk

(“Waiver and Release”). I waive any and all claims I may have now and in the future, and

release from all liability and agree not to sue Jessica Festa or NYC Tours & Photo Safaris Inc., or its

officers, agents, representatives, employees or tour guides [hereafter referred to as “Staff”] for

any personal injury, death, property damage, or loss sustained by me as a result of my

participation in a tour or experience offered by Jessica Festa/NYC Tours & Photo Safaris Inc. due to

any cause whatsoever, including without limitation, negligence on the part of Jessica Festa /

NYC Tours & Photo Safaris Inc., its Staff, tour partners, or other participants, or death, injury, illness

or permanent disability. I further agree that if I violate this agreement and attempt to bring suit

against any part of parties named herein, that I will be held responsible for attorney’s fees and

any costs incurred by that person in defending such action.

 

I am aware that the tours and events offered, in addition to the usual dangers and risks inherent,

has certain additional dangers and risks, some of which include: physical exertion for which I

may not be prepared and weather conditions subject to sudden and unexpected change. I

accept all the inherent risks of the proposed tour and the possibility of personal injury, death or

property damage or loss resulting there from. I acknowledge that the enjoyment and excitement

of the proposed form of tour or event is derived in part from the inherent risks incurred by travel

and activity beyond the accepted safety of life at home or work, and these inherent risks

contribute to such enjoyment and excitement, being a reason for my participation. I agree that if

I suffer injury or illness Jessica Festa / NYC Tours & Photo Safaris Inc. or its Staff can, at my cost,

arrange any medical treatment and emergency evacuation service as it or they deem necessary

for my health and safety. Further, I agree at all times during the tour, to abide by and comply

with any additional instructions given by my tour guide or any other Staff and I accept that non-

compliance may result in death, injury, illness or permanent disability. I understand that non-

compliance may result in my removal from the tour.

 

In entering this Waiver and Release, I am not relying on any oral, written nor visual

representations or statements by Jessica Festa / NYC Tours & Photo Safaris Inc. or its Staff or any

other inducement or coercion to go on the tour. I confirm that, by my own free will, I have read

and understood the Terms and Conditions of this walking tour or event and Wavier and Release

and agree that this Waiver and Release will be binding upon my heirs, next of kin, executors,

administrators and successors.

 

I agree to grant the sponsors of this tour or event to a worldwide, royalty-free license to use my

photographic, video, or digital likeness solely for promotional, educational, and/or commercial

purposes.

 

As a participant on the tour or event, 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, including but not limited to: the subway, the train, climbing, running, or walking

for a longer period than I am used to. I further realize that the tour may involve walking through

unfamiliar, narrow, unpaved and/or steep paths, gangways, roads, stairways and driveways. I

knowingly and willfully accept these risks and take complete and total responsibility for my

behavior, well being and health during the tour or event. I agree to hold neither Jessica Festa /

NYC Tours & Photo Safaris Inc., nor its Staff, or facility liable in any way should any harm come to

me.

 

By signing this form, I affirm that I have fully understood and agree to these Terms and

Conditions, Waiver and Release of Liability.