Walking Tour & Activity Waiver
By taking part in a tour offered by Monique Bouchard, you or any members of your party you make a booking for agree to the terms of your (or your child’s or party’s) experience with Madame History and WAIVE YOUR RIGHT TO SUE US AND TO EXERCISE OTHER LEGAL RIGHTS.
READ ALL TERMS OF THIS AGREEMENT CAREFULLY
I, the Participant and/or the purchaser, 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 Monique Bouchard Designs LLC [dba Madame History and hereafter referred to as “the Company”], its owners, officers, agents, representatives, employees or tour guides [hereafter referred to as “Releasees”] for any personal injury, death, property damage, or loss sustained by me as a result of my participation in any walking tours offered by the Company due to any cause whatsoever, including without limitation, negligence on the part of the Company, its Releasees, tour partners, or other participants, or death or injury as a result of war, civil unrest or epidemic. 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 tour, 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 extremes subject to sudden and unexpected change. I accept all the inherent risks of the proposed walking tour and the possibility of personal injury, illness (such as from COVID-19 and other communicable diseases), death, or property damage or loss resulting there from. I agree that if I suffer injury or illness the Company or its Releasees can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety.
Participant grants to Company and Company’s assigns the irrevocable, sub-licensable right and authority to use Participant’s name, likeness, photograph and/or pictures taken during related activities for any and all commercial or non-commercial purposes now known or later developed in perpetuity throughout the universe without further obligation or compensation to Participant.*
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 injury, death 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 the Company or its Releasees or any other inducement or coercion to go on the walking tour. I confirm that, by my own free will, I have read and understood the Terms and Conditions of this walking tour and Waiver and Release prior to purchasing a tour ticket or participating in a walking tour and agree that this Waiver and Release will be binding upon my heirs, next of kin, executors, administrators and successors.
As a participant on the tour, I accept full responsibility for my behavior, wellbeing, and health throughout the tour, which may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: climbing stairs, walking on gravel, grass, and brick. I further realize that the tour may involve walking through unfamiliar, and/or narrow, steep, or uneven corridors, roads, stairways and driveways.
This Waiver and Release of Claims 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 and Release of Claims 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 Releasees to enforce any of their rights hereunder at any time shall not act as a waiver to enforce their rights under this Waiver and Release for same or similar acts at any subsequent time.
By participating in a walking tour and/or purchasing the ticket(s), I affirm that I have fully understood and agree to these Terms and Conditions, Waiver and Release of Liability.
*Of course, if you see your image on our materials and ask that we remove it, we will do our best to honor your request.