TERMS AND CONDITIONS
The following Terms and Conditions have been set forth as legally binding in the state of Florida, where Miami Dade County Courts will be the governing law and jurisdiction of venue . By purchasing a ticket to any Metro City Transportation tours, you acknowledge that you are 18 years of age or older, and that you voluntarily consent to and accept the following Terms and Conditions as well as the Waiver and Release of Liability.
CERTIFICATION OF HEALTH
As a participant in one of our Metro City Transportation tours it is your responsibility to assess your own level of health and fitness prior to booking with any Food /Brew Tours. If in doubt, seek medical advice before booking your trip. Metro City Transportation assumes no liability for participants’ health problems – including, but not limited to, pre-existing conditions and those that appear during a Metro City Transportation tour or as a result of participation in any activities involved with Metro City Transportation tours. Every effort will be made to assist in the event of medical emergencies, however Metro City Transportation accepts no responsibility for costs that arise from nor for any resulting negative effect to your health. By making a payment, traveler certifies that he or she does not have any condition or disability that would create a hazard or hardship for himself or herself, as well as any other travelers participating in the tours.
Customers will receive a full refund or credit with 72 hours notice of cancellation before the date of the event. All tours are subject to minimum of attendees, customers will receive a full refund or credit in the event that this minimum is not met. Refunds will be granted for cancelations due to weather, and any other unforeseen circumstances. If you wish to cancel your tour please send us a message on our website, before the 72 hour timeframe, before midnight eastern standard time. Contact us by phone to inquire about a cancellation. No-shows will be charged the full price, due to limited seating for all our tours, no exceptions.
Be sure to be on time on the day of the tour. Since we provide transportation to most of our patrons so timeliness is very important to get everyone to all tours on time.
ALLERGIES OR DIETARY NEEDS AND RESTRICTIONS
Metro City Transportation accepts no responsibility for any allergies and/or dietary needs or restrictions of participants. It is the sole responsibility of the participant to take care of his or her own dietary needs.
Metro City Transportation will not be responsible for individuals whom have become overindulged with alcohol. If a person(s) have been deemed as to not be safe to themselves or others, due to excessive alcohol consumption, will be asked to leave the tour where they will be responsible for their own transportation and will not be issued a refund. Alcohol consumption in any transportation tour vehicle is not permissible, any one caught consuming alcohol in any tour transportation vehicle will be asked to leave the vehicle for the remainder of the tour and be required to allocate their own transportation.
MEDIA CONSENT RELEASE
You grant and authorize Metro City Transportation the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me to be used in and/or for legally promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats and markets now known or hereafter devised.
I understand and agree that these materials shall become the property of Metro City Transportation and will not be returned.
I hereby hold harmless, and release Metro City Transportation from all liability, petitions, and causes of action which I, my heirs, representative, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate.
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of injury while participating in Tours (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Metro City Transportation, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY 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 DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I agree to indemnify and hold harmless Metro City Transportation against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Metro City Transportation incurs any of these types of expenses, I agree to reimburse Metro City
I acknowledge that Metro City Transportation and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Metro City Transportation.
I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S
PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.
Metro City Transportation and its representatives reserve the right to accept or refuse any person as a participant of an Metro City Transportation.
Metro City Transportation and its representatives reserve the right to cancel any tour prior to departure for any reason or to change itineraries and/or substitute services of equal or greater quality without prior notice.
You are responsible for adhering to the rules and laws of the localities while traveling with Metro City Transportation or participating in activities arranged by Metro City Transportation or any of its agents or partners. The rights and privacy of fellow Metro City Transportation participants must be respected while on tour. We reserve the right to disqualify you before or during any program if we judge your participation may compromise the safety or comfort of others.
By participating in any Metro City Transportation activities, you affirm that you understand and agree to these Terms and Conditions and Waiver and Release of Liability.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Metro City Transportation AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Metro City Transportation FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Metro City Transportation, its agents, and employees. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
This agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both and Metro
City Transportation agree that this agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted altering or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
I AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR
OLDER. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY.
Copyright © 2019 Metro City - All Rights Reserved.