Read this Agreement carefully.
Any person entering the premises waives all civil liability against this premises owner and operator for any injuries caused by the inherent risk associated with contracting COVID-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, by the individual or entity of the premises.
I have applied to participate in the wine-tasting tour, which will involve transportation in a twelve-person shuttle bus from a location in metropolitan Atlanta, Georgia to wineries or wine tasting facilities in North Georgia (the “Tour”), to be conducted by Tom’s Terrific Tours, LLC, d/b/a ATL Vineyard Express (“ATL Vineyard Express”).
I understand that I am solely responsible for monitoring my own consumption of alcoholic beverages during the Tour. I also understand and acknowledge the inherent risks associated with the consumption of alcoholic beverages, and I acknowledge that I do not have any medical condition(s) that would prevent me from consuming alcohol. I further agree that I will not operate a motor vehicle during or immediately after the Tour if I am under the influence of alcohol. I acknowledge that ATL Vineyard Express has strongly encouraged me, upon termination of the Tour, to arrange alternate transportation (such as a taxi, Uber or Lyft) if the Tour terminates at any location other than my residence. I further acknowledge that, pursuant to regulations issued by the Georgia Department of Public Safety, ATL Vineyard Express reserves the right to refuse to transport a person or persons under the influence of intoxicating beverages or drugs, or who is incapable of taking care of himself or herself, or whose conduct is such, or likely to be such, to make him or her objectionable to other passengers, and ATL Vineyard Express shall have the right to remove me from the Tour at any point pursuant to such regulation.
I understand that ATL Vineyard Express assumes no responsibility for and cannot be held liable for any negligent or willful act or omission of any winery, tasting room or other facility visited during the Tour or of any other person or entity. Services and products provided to me by any winery, tasting room or other facility are subject to such facility’s own terms and conditions, as well as applicable laws and regulations.
I am aware that the Tours offered are subject to usual dangers and inherent risks and also are subject to certain additional dangers and risks, some of which include sudden and unexpected weather changes, transportation accidents and breakdowns, and physical exertion for which I may not be prepared. I accept all the inherent risks of the proposed Tour and the possibility of personal injury, death or property damage or loss resulting therefrom. I agree that if I suffer injury or illness during the Tour, ATL Vineyard Express can, at my cost, arrange any medical treatment and emergency evacuation service as it deems necessary for my health and safety. 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 personnel of ATL Vineyard Express, and I accept that non-compliance may result in injury, death or permanent disability. I understand that my non-compliance may result in my removal from the Tour.
I voluntarily waive any and all claims I may have now or in the future against ATL Vineyard Express, and its owners, officers, managers, members, employees, affiliated entities, contractors, agents, representatives, associates, successors and assigns (collectively, the “Tour Operators”), and I further release from all liability and agree not to sue the any of the Tour Operators for any personal injury, death, property damage, or loss sustained by me due to any cause whatsoever, including without limitation, negligence (but not gross negligence or intentional misconduct) on the part of any Tour Operators or negligence or intentional misconduct of other Tour participants, in connection with the Tour or my participation in the activities arranged for me by ATL Vineyard Express. I AGREE THAT THE TERMS OF THIS AGREEMENT SHALL SERVE AS A COMPLETE RELEASE AND EXPRESS ASSUMPTION OF RISK for myself, all members of my family traveling with me, my and their heirs, legal representatives, successors and assigns. It is my intention to fully assume all risks associated with this Tour and to release the Tour Operators from any and all liability to the maximum extent permitted by law. I further agree that if I violate this agreement and attempt to bring suit against any of the Tour Operators, that I will be held responsible for attorneys’ fees and any costs incurred by that person in defending such action.
I agree to indemnify, defend and hold harmless the Tour Operators against any and all losses, claims, damages, liabilities, costs and expenses (including court costs and reasonable attorneys’ fees) arising in whole or in part from an injury or other loss suffered or caused by me in connection with the Tour or my participation in the Tour, provided, however, that the foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of the gross negligence or intentional misconduct of the Tour Operators.
I hereby grant to ATL Vineyard Express a worldwide, royalty-free license to use my photographic, video, or digital likeness for promotional, educational, and/or commercial purposes, and I hereby give my full consent to ATL Vineyard Express to use and publish my likeness on ATL Vineyard Express website, brochures, advertisements, bulletins, media releases, newspaper and magazine articles, and any other form of promotion, information and publication, both print and digital. I understand that ATL Vineyard Express does not compensate Tour participants in any manner for the use of such images.
In entering this Acknowledgement and Release, I am not relying on any oral or written representations or statements by ATL Vineyard Express or its representatives or any other inducement or coercion to go on the Tour. I confirm that, by my own free will, I have read and understood the terms of this Acknowledgement and Release and agree that this Acknowledgement and Release will be binding upon my heirs, legal representatives, successors and assigns.
I understand that the booking price and all fees paid in connection with the Tour are nonrefundable. By booking the Tour, I affirm that I have fully understood and agree to this Acknowledgement and Release. I agree that execution of a facsimile counterpart, electronic transmission of this agreement, or the act of clicking “accept” on the website of ATL Vineyard Express in connection with booking of the Tour shall each be deemed execution of this Acknowledgement and Release.