Nite Tours, LLC / Night Tours LLC / Feth Investments LLC operating as NITE TOURS INTERNATIONAL (“Nite Tours”) is a “tour packager” acting solely as a transportation service to bring the passenger (“Passenger”) and the Third Party service provider (“Provider”) together for their own individual purposes (“Activity”). Nite Tours neither controls, nor is it to be held liable for the failure of such Provider’s failure to provide the products or services promised.
In consideration of my use of the services provided by Nite Tours and my participation in such Activity as may be provided or arranged by a Provider, I acknowledge that I am aware of the risks involved with such use and participation, and I AGREE TO, AND DO HEREBY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS associated with such use or participation, INCLUDING THE POSSIBLE RISK OF SEVERE OR FATAL INJURY TO MYSELF OR OTHERS. In addition to the foregoing, these risks include but are not limited to the following:
(a) the risk associated with travel to and from location(s) to be visited during the night hours, including transportation provided or arranged by Nite Tours utilizing its own or some other commercial, private and/or public motor vehicles;
(b) intoxication and/or alcohol poisoning from the alcohol I consume whether voluntarily or through coercion;
(c) the possibility of bodily injury (broken bones and soft tissue damage) including dental damages from falling down, injuries incurred while getting on or off (in or out of) the mode of transportation being used for the event, being knocked down or being involved in physical confrontation whether caused by myself or someone else.;
(d) the risks associated with staying at one of the participating venues while on the tour.
(e) the risks associated with returning to my residence.
Ticket Broker Customer Disclaimer. Prior to the use of any Company Services by Ticket Broker Customers, Company agrees to furnish, and have Ticket Broker Customers sign a Customer Agreement which includes the provisions set forth on Customer Agreement Provisions.
2. Limitation of Liability. IN NO EVENT SHALL TICKET BROKER BE LIABLE TO THE COMPANY OR CUSTOMER FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), WARRANTY, GUARANTEE OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. Disclaimer. NEITHER THE COMPANY OR TICKET BROKER MAKES, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE TICKET BROKER SITE, THE COMPANY SERVICES OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
By partaking in the services provided by Nite Tours, I AGREE AND HEREBY WAIVE ANY AND ALL RIGHTS AND CLAIMS THAT MAY ARISE AGAINST NITE TOURS, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AND REPRESENTATIVES, AND FURTHER CONSENT TO HOLD THESE SAME ENTITIES AND INDIVIDUALS HARMLESS, FROM ANY INJURY, LOSS, OR DAMAGE, INCLUDING DEATH, WHICH I MAY INCUR, AND THE RISK OF WHICH I HEREBY ASSSUME, as a result of my use of the services provided by Nite Tours, its affiliates, or subsidiaries, or such Activity offered by any Provider, whether or not such Provider is associated or under contract with Nite Tours.
I do hereby give Nite Tours, its assigns, licensees, and legal representatives the irrevocable right to use my name (or any fictional name), picture, portrait or photograph in all forms and media and in all manners, including composite or distorted representations for advertising, trade or in any other lawful purposes, and I hereby forever waive any right to inspect or approve the finished product, including but not limited to, written copy and/or posting image on website, that may be created in connection therewith. I am of full legal drinking age (21). I have read this Release and Waiver and am fully familiar with its contents. I understand that Nite Tours cannot control the use of my name or image once such name or image is published.