Pub Crawl Toronto

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Waiver and Release Consent to Medical Attention and Grant of Rights By purchasing tickets for and participating in the “Crawl” offered by 1000635962 ONTARIO CORP., operating as Pub Crawl Toronto (“PCT”), and in consideration for participation in a “crawl”, the receipt and sufficiency of which is hereby acknowledged for tours where the “crawl” is a tour defined as beginning at 9:00pm Eastern Standard Time and concluding at 11pm Eastern Standard Time and age limit is defined as 19 years of age or older. Definitions. “Attendee” is defined collectively as myself, my guests or anyone else for whom I am at law responsible. This includes but is not limited to anyone I purchased a ticket on their behalf to attend PCT or anyone I invite to join any portion of a crawl, or otherwise, being administered by PCT.  Attendee is 19 years of age or older, (individually and collectively referred to below in the first person singular) and agrees to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”) : Release of Liability; Limitation of Damages. Attendee hereby forever and unconditionally releases PCT and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, directors and agents, or anyone else it is at law responsible for (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, personal injury, illness, loss or damage of property, (collectively “Claims”) in any way arising out of Attendee participation in the “crawl” including, without limitation, any and all Claims resulting from the negligence of the Released Entities. PCT’s liability to the Attendee will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall Attendee’s damages in connection with their participation in the “Crawl” be greater than the total amount paid for the event in question. Recovery of such amount shall be Attendee’s sole and exclusive remedy. All liability arising out of Attendee participation in the “Crawl” is cumulative and not per incident. In no event shall PCT be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if PCT has been informed of the possibility thereof. Assumption of Risk. Attendee assumes all risks, known and unknown, foreseeable and unforeseeable, in any way connected with their participation in the “Crawl”. Attendee accepts personal responsibility for any liability, injury, loss, or damaged in any way connected with Attendee’s participation in the “Crawl”. Comprehension of Risk. Attendee fully comprehends and accepts all of the risks associated with participation in the “Crawl” including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. Attendee understands that the “Crawl” takes place in public venues under conditions largely beyond PCT’s control. Binding Effect. This Waiver shall be binding upon Attendee’s next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of PCT, its successors and assigns. Indemnification. Attendee agrees to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of participation in “Crawl”. Voluntary Participation. Attendee understands and confirms that participation in the “Crawl” provided by PCT is voluntary. Attendee is in good health and suffers from no physical or mental condition that would make the Attendee especially susceptible to injury or disability while participating in the “Crawl”. Attendee acknowledges that by assisting to the “Crawl” PCT is not responsible for the foods or beverages consumed on the “Crawl”. Attendee understands that PCT acts solely as an agent in arranging the “Crawl” venue visits & other services and does not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization or person engaged in conducting the pub crawl tours, rendering service, or carrying out arrangements for any tour or by the act of default of any restaurant or shop or its employees. Governing Law and Venue. This Waiver shall be governed in all respects by the laws of the province of Ontario without regard to conflict of law principles. Venue shall be in the city of Toronto in Ontario. Consent to Medical Treatment. This waiver does not impose a duty upon PCT to provide any medical assistance, transportation, or services should such attention be needed for Attendee. Promotional Release. Attendee hereby grants to PCT the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of Attendee’s participation in the “Crawl”, in which Attendee may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). PCT has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogs, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). Attendee agrees that PCT is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. Attendee further grants to PCT an irrevocable, royalty-free, worldwide license to use Attendee’s name and hometown in connection with the Material and the Works. Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly. Permissions. Attendee understands that by providing their phone number and email address, Attendee grants PCT the unrestricted right and permission to contact them in any matters pertaining to the “Crawl”, including distribution to 3rd parties for the purpose of promotional materials and review collection. Alcohol consumption. All persons 19 and older are able to drink alcohol freely at their own risk. Persons who buy tickets or are Attendees to participate in a PCT event or any other tour, crawl or event associated with PCT and consume alcohol do so knowingly at their own discretion, risk and liability. Persons who buy tickets or are Attendees assume all risks associated with drinking, eating or anything else associated, in any possible way, with the company and cannot hold PCT liable for any injury whatsoever. Attendees who are negligent do so at their own risk and risk causing serious harm to themselves and others and PCT will not be responsible in any way because of participants awareness before hand, prior to purchasing to go on a tour, crawl or any event associated with PCT and subsidy company. Any rudeness, or misbehavior, causing harm to self or others, or any other act unbecoming of a polite well mannered person, will not be tolerated. Any Attendee will be subject, at the discretion of a host, to be removed from any event without reimbursement and law enforcement will be contacted. All Attendees ASSUME THE RISK for their alcohol consumption and AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS AND RELEASE PCT FROM ANY AND ALL CLAIMS ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE “CRAWL”. THIS IS A WAIVER AND RELEASE OF LIABILITY. ATTENDEE HAS READ this entire document. ATTENDEE UNDERSTANDS THAT THEY HAS GIVEN UP SUBSTANTIAL RIGHTS BY Agreeing to its provisions. By continuing to participate in the “Crawl” Attendee indicates their voluntary agreement to the provisions of this WAIVER AND RELEASE OF LIABILITY. Participation in the “Crawl” by a person who is not yet 19 years old indicates that they are unlawfully attending the “Crawl” and are subject to the provincial law of Ontario, municipal law of Toronto and federal law of Canada and assume the ramifications of such decisions of falsifying their age and is not condoned.

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