Waiver of Liability and Indemnity Agreement
& Commercial General Liability (CGL)
ACTIVITY / SOCIAL WAIVER RELEASE & LIQUOR LIABILITY:
In consideration of the risk of injury/s during participation of ‘activities’ being serviced, you acknowledge that the ‘activities’ arranged by Glass O’ Wine Tours may involve inherent risks and unforeseen dangers that may cause severe injury and death to participants.
Personal and bodily harm/injury/s both known and unknown injury/s, in health or mental distress/issue development, during and following the ‘activities,’ arising out of venue premises or complete business operations and services arranged by Glass O’ Wine Tours. You the party/s agree not to pursue legal action and you waive your right to sue for any injuries or loss of damages howsoever caused, claimed as a result of intoxication and injury to oneself or others.
You, the participant, is responsible and assumes all liability for yourself for form of negligence that may arise from the consumption of alcohol and all violent or inappropriate behavior as a result of alcohol consumption by the event participants, invitees and imposed on other guests arising out of certain offenses, such as:
Libel
Slander
False arrest
Infringing on other’s exclusive rights
Malicious action o Invasion of privacy
Physical and inappropriate bodily interaction
You, the booking participant, agree that you fully understand the risks and dangers associated with the participation of your group in the ‘activities’ arranged by Glass O’ Wine Tours and ALL members of your group accept them at their own risk.
✓ All participants consuming alcohol must be 21 years of age to drink and must do so responsibly.
✓ Glass O’ Wine Tours waives all rights and responsibilities from the consumption of alcohol by event participants, invitees, and other guests.
MOTOR VEHICLE ACCIDENT RELEASE:
✓ In the unforeseen circumstance of personal/bodily injuries, imposed on oneself and others, as well as property damage to third parties, arising from a motor vehicle accident during participation of ‘activities’ arising from business operations serviced and arranged by Glass O’ Wine Tours, and arising on or out of premises, you the party/s involved agree to not filing any settlement claim out of court, or make claim between insurance parties involved, and without filing a civil claim against Glass O’ Wine Tours. Circumstances such as:
o Casualties
o Medical claims
o Surgical
o Ambulance
o Hospital
o Professional nursing/medical care
o Funeral expenses
o Death
o Property damage
o Auto physical damage
o Loss arising out of legal liability to others
✓By signing this waiver, participant/s hereby release Glass O’ Wine Tours all liability for claims, known and unknown, arising from injury, compensation for loss of work, medical expenses and personal hardship sustained in a vehicle accident, ill regardless of fault, but involved by a vehicle owned and operated by Glass O’ Wine Tours.
FLY & WINE TOUR RELEASE:
✓ In the unforeseen circumstance of personal/bodily injuries, imposed on oneself and others, as well as property damage to third parties, arising from any helicopter flight accident during participation of ‘activities’ arising from business operations serviced and arranged by Glass O’ Wine Tours, and arising on or out of premises, you the party/s involved agree to not filing any settlement agreement out of court, or make claim between insurance parties involved, and without filing a civil claim against Glass O’ Wine Tours. Circumstances such as:
o Casualties
o Medical claims
o Surgical
o Ambulance
o Hospital
o Professional nursing/medical care
o Funeral expenses
o Death
o Property damage
o Auto physical damage
o Loss arising out of legal liability to others
POLLUTION LIABILITY:
You, the participant waives all claim rights resulting in pollution, as well as sudden and accidental, first-party and third-party environmental liabilities. You agree to hereby waive any unforeseen environmental exposures that could have substantial impact on earnings. In addition, rights waived against unforeseen pollution hazards and exposure damages that may lead to bodily injury, property damage or pollution clean-up costs
PERSONAL DAMAGES AND LOSS RELEASE:
Glass O’ Wine Tours is not responsible for claimed loss, stolen or damaged items.
By participating in the ‘activities,’ you agree not to pursue a lawsuit and remain fully accountable for any loss or damage to all personal items.
You agree to hereby waive all legal rights to pursue any legal action against any visiting venues and public houses, including servers, bartenders, hosts, and owner/s as listed on your scheduled booking for any claims, demands, losses or damages of property arising out of the consumption of serving alcohol at any events.
COMMUNICABLE DISEASES/S & ALLERGY WAIVER:
Participants waive the right to present a claim due to communicable disease/s such as COVID 19 and adhere to all governing regulations and regulatory compliance in healthcare related to COVID 19 and all extended diseases.
Participants affirm that they have not been diagnosed, past and present, with, demonstrated any symptoms of or have in any way been exposed to any communicable diseases (including
Participants are aware of any food allergy contents to any snacks-on-the-go provided by Glass O’ Wine Tours.
Participants are fully responsible for any allergy attacks and/or illnesses brought on by own food items brought by them on a tour
Participants are aware that by entering the premises and participating the EVENT/s arranged by Glass O’ Wine Tours that there are risks to staff operating under Glass O’ Wine Tours e.g., Driver, Owner/Operator, Travelling Guides etc. with whom interact of exposure, directly or indirectly, to communicable disease/s including but not limited to the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”, “COVID-19” and/or any mutation or variation hereof.
Participants hereby voluntarily agree to RELEASE, WAIVE, DISCHARGE and CONVENANT NOT TO SUE on behalf of Glass O’ Wine Tours, or Owner/Operating Manager and behalf of other/s interaction, the promoters, participants, rescue personnel, sanctioning organizations or any subdivision thereof, track operators, track owners, any person/s in any restricted-areas, competition vehicle owners, drivers, owners and leases, including venue Owners, agents and employees of premises visited used to conduct an
Allergy Disclaimer: Any passenger with food and/or beverage and insect allergy disability must report all information of their condition to Glass O’ Wine Tours at time of booking. This physical condition is out of control of the tour provider, Glass O’ Wine Tours.
Glass O’ Wine Tours is not responsible for any allergic reactions of any individual, however, should a guest have an allergic reaction, Glass O’ Wine Tours will act by calling #911.
Participant with all allergies agrees to hereby waive all legal rights to pursue any legal action against Glass O’ Wine Tours, and any visiting venues and public houses, including servers, bartenders, hosts and owner/s as listed on your scheduled booking as made by Glass O’ Wine Tours.
EVENT(S) or engage in risk evaluation or loss control activities regarding the premises or EVENT(S), all for the purposes herein referred to as ‘Releasees.”
Participants agree to INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them from all liability to the undersigned, personal representatives, assigns, heirs, and next of kin for any and all loss of damage, and any claim or demands therefor, whether caused by the negligence of the Releasees and each of them from any loss, liability, damage, or cost they may incur arising out of or related to illness or death, whether caused by the negligence of the Releasees or otherwise.
PARENTAL WAIVER OF A MINOR/S:
A parent or legal/acting guardian assumes all risks and liabilities of possible personal injury, death, property damage and loss to the minor/s resulting from participating ‘activities’ through the ‘activity organizer,’ Glass O Wine Tours,’ including own negligence and/or the
✓ Signing of this waiver by a parent or legal/acting guardian represents a signed acknowledgment of risk of participating in ‘activities’ by a minor/s under care.
✓ Signing of this waiver by a parent or legal/acting guardian represents a signed indemnity agreement for any legal damages to the activity organizer, Glass O’ Wine Tours, brought by their minor/s child for any injuries incurred during participation in ‘activities.’
RELEASE OF LIABILITY:
The terms ‘activity’ or ‘activities’ includes all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by Glass O’ Wine Tours.
You agree that this liability declaration limits the liability of the company (Glass O’ Wine Tours) and to the same extent limits all agents and employees of Glass O’ Wine Tours even though they are not formal parties to this agreement.
✓ By signing this waiver, you acknowledge and fully understand its terms, and the risks involved in the ‘activities’ and release the ‘activity provider,’ Glass O’ Wine Tours, from all liabilities.
Signatures:
*Please read carefully:
UPON SIGNING YOU EXPRESS KNOWLEDGE AND HAVE READ THIS COMMUNICABLE DISEASE RELATED HOLD HARMLESS, RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
A signature is required by all who partake in all ‘ACTIVITY/S’ bookings through Glass O’ Wine Tours.
A parent or legal/acting guardian must sign on behalf of all minors.
A Pet Owner or Pet Minder/acting Pet Sitter must sign on behalf of all canines partaking on a tour with Glass O’ Wine Tours
If this release is not electronically signed through the activity provider’s website, this Release must be then signed in presence of the ‘activity provider,’ Glass O’ Wine Tours, who must then initial below your signature.
Participant/s reserve the right to omit signature, however in not doing so the ‘activity
______________________________ Date: ____/____/____
(Participant signature) (Hereby dated and signed in the Province of Ontario)
______________________________ Booking Event/Tour date: ____/____/____
(Printed name)
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNIFICATION BY PARENT/ LEGAL / ACTING GUARDIAN on own behalf and on behalf of own Minor Children/s
Names of parent or legal/acting Guardian: __________________________________
Signature of parent or legal/acting Guardian: ________________________________
Name/s of accompanying minor/s:
________________________________ DOB: __________________
________________________________ DOB: __________________
________________________________ DOB: __________________
________________________________ DOB: __________________
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNIFICATION BY OWNER / LEGAL / ACTING PET MINDER/SITTER on own behalf and on behalf of Pet Owner
Pet Name: ________________________ BREED: ________________DOB: _________________
Pet Name: ________________________ BREED:________________DOB: _________________