Our Town New York, LLC.
Acknowledgment and Assumption of Risks, Release of Liability and Indemnity Agreement
Our Town New York, LLC. (“OTNY”) is a tour operator and travel agent that organizes New York City and the New York City metropolitan area tours. In consideration for OTNY permitting me to voluntarily participate in the tour, I (and in the event that the participant is a minor, the parents or guardians) agree to the following terms of this Agreement.
I understand that travel includes certain inherent and other risks, which include, but are not limited to, acts of God, terrorism, civil unrest, hazards of travel in difficult terrain, weather, altitudes, travel by air, motor vehicles, animal, or other conveyance, exposure to disease, drowning, accidents, and the negligent acts or omissions of OTNY, its related entities, owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, tour companies (as defined below), all other participants in the tour, and all other persons or entities acting in any capacity on OTNY’s behalf. I further acknowledge that the forces of nature, crime, civil unrest and personal injury or illness in areas of travel. These risks cannot be eliminated and I willingly assume these risks. I understand that any of these risks may result in bodily or emotional injury, death and/or damage to property, including lost luggage or other belongings, to myself or to third parties.
I have been advised of the OTNY Cancellation Policy: http://www.ourtownnewyork.com/liability-disclaimer
As an independent tour operator and travel agent, OTNY will refer participants to travel industry suppliers, outfitters and guides who are not employees or agents of OTNY, including but not limited to suppliers of accommodations, meals, transportation (ground, water and air), recreational and leisure activities and entertainment and tours (collectively the “tour companies and subcontractors”) or utilize tour companies or subcontractors for certain activities. OTNY does not supervise the operations of these tour companies or subcontractors and cannot be responsible for the accuracy of the information supplied by the tour companies, rates, scheduling changes, the services or goods provided, the operations of the tour companies or the negligence of the tour companies or subcontractors and OTNY disclaims any responsibility or liability therefore. OTNY makes no warranties, express or implied, with respect to any services provided by the tour companies or subcontractors. It is the responsibility of these tour companies and subcontractors, and not of OTNY, to comply with applicable laws, to take adequate safety measures and to otherwise adequately supply goods and services.
Understanding the risks described in this document, I agree for myself, all of my family, including my spouse, minor children, and heirs and representatives to release OTNY, its related entities, owners, shareholders, directors, officers, members, managers, employees, guides, volunteers, agents, subcontractors, tour companies (as defined below), all other participants in the tour, and all other persons or entities acting in any capacity on OTNY’s behalf from any and all claims (INCLUDING WITHOUT LIMITATION CLAIMS RELATING TO THE SERVICES OR NEGLIGENCE OF OTNY OR ANY OF THE SUBCONTRACTORS AND TOUR COMPANIES), demands for loss, damages (including without limitation damages related to the inherent risks and other dangers discussed above), injuries (including without limitation sickness, bodily or emotional injury or death), damage to property (including without limitation lost luggage or other belongings) or any other causes of action relating in any way to my participation in the tour, AND I AGREE THAT I, MY FAMILY AND MY HEIRS WILL NOT SUE OTNY OR OTHERWISE MAKE ANY CLAIM ON ACCOUNT OF ANY INJURY, LOSS OF LIFE, OR DAMAGE AND I INTEND THIS RELEASE OF LIABILITY TO BE EFFECTIVE EVEN IF THE INJURY, LOSS OF LIFE, OR DAMAGE RESULTS FROM OTNY’S NEGLIGENCE. If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against OTNY, I agree to indemnify OTNY and pay all damages, costs, fees, expenses and attorneys= fees incurred by OTNY in defending such a lawsuit or such claims. In no event will OTNY’s liability to a traveler be greater than the amount of the fees paid by the traveler to OTNY for the tour, even if the amount of damages suffered by the traveler may be greater than this amount. Furthermore, in no event will OTNY be liable for any indirect, special, incidental, consequential or other damages, however caused, whether for breach of contract, negligence or otherwise, and whether or not advised of the possibility of such damages occurring.
I agree that the interpretation of this document or of any other aspect of my relationship with OTNY shall be governed by the law of the State of New Jersey, U.S.A. and that any legal action shall only be brought in Bergen County, New Jersey. If any provision of this document is found to be invalid or unenforceable, the remaining provisions of this document shall be enforceable to the maximum extent permitted by law. I hereby waive the right to trial by jury.
With respect to any minor child listed below, I warrant that I am the parent or guardian of such child and that I have the authority to make decisions as to my child’s participation in recreational activities such as this tour. I HEREBY CONSENT TO MY CHILD PARTICIPATING IN THE TOUR, AND I UNDERSTAND AND AGREE THAT ALL OF THE TERMS OF THIS AGREEMENT SHALL APPLY EQUALLY TO BOTH MYSELF AND MY CHILD.
This is the entire agreement of OTNY and myself regarding liability for the tour, which supersedes all prior statements, representations or warranties, oral or written, express or implied.
I consent to having any photograph of me or my family members used or published (without compensation to me or them).