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Tap Hopper Tours, LLC Waiver of Liability;
1. To assume and accept all risks arising out of, associated with or related to any and all activities in any way related to participation in events or services provided, arranged, organized, conducted, sponsored, authorized or allowed by Operator, whether such activities take place entering, exiting or while a passenger on the Tap Hopper Tours, LLC van and/or bus, or any other arranged transportation, inside or outside the premises of any brewery, restaurant, pub or tavern, or on any other property on which all or part of the Tap Hopper Tours, LLC takes place. Participant acknowledges and voluntarily assumes the risks of illness, injury, and death associated with these activities, inherent or otherwise. These risks include but are not limited to: A) impairment, intoxication and/or alcohol poisoning from the alcohol consumed whether voluntarily or through coercion; B) the possibility of bodily injury, including dental damages from falling down, being knocked down or being involved in a physical confrontation, whether caused by Participant or someone else; C) injuries, death or property damage associated with traveling to any destination after the Tap Hopper Tours, especially the risks involved in operating a motorized vehicle after consuming alcohol.
2. To be solely responsible for any injury, loss or damage which Participant might sustain, even though such injury, loss or damage may have been caused by the negligence of Operator. Participant agrees to follow all instructions given by the Operator’s staff. Participant understands that accidents and injuries can occur even if instructions are followed. A participant may be removed from any tour at the discretion of the Operator.
3. To release the Operator, its staff, owners, directors, volunteers, independent contractors, representatives, Tap Hopper Tours, LLC and owners of the property on which the Tap Hopper Tours, LLC is conducted (“Released Parties”) from any and all liability for any loss, damage, expense or injury, including death, that Participant may suffer from Participant’s presence on the Tap Hopper Tours, LLC. This release extends to claims arising from any cause whatsoever, including but not limited to negligence of a Released Party, breach of contract, products liability or breach of a duty to protect Participant from risks or hazards of the Tap Hopper Tours, LLC activity, excepting Operator’s gross negligence or intentionally wrongful conduct.
4. To hold harmless and indemnify (that is, defend and pay, including costs and attorney fees) the Released Parties and each of them from liability for any claim, including damage to property or personal injury and death, of Participant and/or any third party (including family members and co-participants), arising from or in any way related to Participant’s presence on the Tap Hopper Tours, LLC or participation in the Tap Hopper Tours, LLC activities.
5. To accept responsibility for all expenses that may be incurred for any illness or injury that may result from Participant’s presence on the Tap Hopper Tours, LLC or participation in the Tap Hopper Tours, LLC activities. Participant agrees that the substantive laws of the state of North Carolina (but not those laws which may apply the laws of another jurisdiction) shall govern this agreement and that the courts with jurisdiction in Buncombe County shall have jurisdiction in any dispute that may arise between the Participant and the Operator. Participant hereby waives the right to trial by jury. Should any part of this agreement be determined to be invalid by a court with proper jurisdiction, all other portions of this agreement shall nevertheless remain valid and in full force and effect.
6. Tap Hopper Tours, LLC will retain your email waiver information and may use it for special notifications, alerts or tour specials. Additionally, Tap Hopper Tours may share contact information with partners of Tap Hopper Tours. Passengers will be able to opt out to those future subscription emails.
7. Tap Hopper Tours, LLC may use photographs or videos taken during the scheduled tour time for marketing purposes. Notification of removal may be sent in writing.
Participant has read and fully understands this agreement. Participant is aware that by accepting this agreement Participant is waiving the rights Participant or Participant’s heirs, next of kin, executors, administrators, assigns and representatives may have.
By completing the form below you are in acknowledgment and agreement of the terms above for Tap Hopper Tour, LLC activities. Failure to observe terms or complete waiver form may result in removal from the scheduled activity and no refund to be issued.
After clicking the submit button you will be directed to our FAQ Page for any further questions you may have about our tours.
Please review and complete the Tap Hopper Tours digital waiver agreement form below: