By taking part in a tour offered by Free Walking Tour Santa Barbara, 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 Free Walking Tour Santa Barbara and WAIVE YOUR RIGHT TO SUE US AND TO EXERCISE OTHER LEGAL RIGHTS.
READ ALL TERMS OF THIS AGREEMENT CAREFULLY
ASSUMPTION OF RISK: You acknowledge that you are aware of the risks associated with traveling to and from and participating in this tour, which include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. You acknowledge that these risks may stem from causes including your own negligence and/or the negligence of others, including tour guides, other guests, John Ummel, Free Walking Tours of Santa Barbara including their volunteers, or Force Majeure Events. You understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. You freely and voluntarily assume complete personal responsibility for these risks and for the injuries or death that may occur as a result of these risks, even if such injuries or death occur in a manner that is not foreseeable at the time the tour is conducted. If you need medical treatment, you agree to be financially responsible for any costs incurred as a result of such treatment.
RELEASE: You for yourself, all members of your family and all minors traveling with you, your and their heirs, successors, assigns, and legal representatives, hereby release and hold harmless with respect to any and all injury, disability, death, or loss or damage to person or property, including those due to COVID-19, whether caused by negligence or otherwise, John Ummel, Free Walking Tours of Santa Barbara including their volunteers (collectively The Released Parties), it being your intention fully to assume all the risks associated with the tour and to release The Released Parties from any and all liabilities to the maximum extent permitted by law.
INDEMNIFICATION: You agree to defend and indemnify John Ummel, Free Walking Tours of Santa Barbara including their volunteers (“Indemnified Parties”), from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, and other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees and costs brought by third parties arising out of or resulting from, (i)Your wrongful or negligent acts or omissions; (ii)Wrongful or negligent acts or omissions of other people for which You are responsible; (iii)Your breach of this agreement; or (iv)Your violation of any law or the rights of a third party.
By participating in a walking tour, I affirm that I have fully understood and agree to these Terms and Conditions, Waiver and Release of Liability.