This is a legally binding release, waiver of liability and Assumption of the Risk Agreement (the “Agreement”). Please read it carefully before signing. In consideration for Lasting Media Group, LLC, a Tennessee limited liability company, d/b/a Lasting Media Group (“Lasting Media”) agreeing to take an individual (“Guest”) on a sightseeing and whiskey tasting tour (“Tour”), Guest agrees to the following terms and conditions:
1. Guest acknowledges and agrees that Guest is embarking on a sightseeing and whiskey tasting tour, which involves potentially dangerous activities, as well as the consumption of alcohol. Guest assumes the risks associated with the Tour activities.
2. Guest assumes the risks associated with alcohol consumption and takes full responsibility for his or her own actions, safety and welfare. Guest further understands that he or she will be a member of a group and that Guest will conduct himself or herself in a way that does not endanger Guest or the group.
3. Guest agrees to exercise ordinary and reasonable care at all times, and to not imbibe alcohol to the extent that Guest’s judgment is impaired. Guest understands and acknowledges that many of the activities on the Tour involve the consumption of alcohol, including, but not limited to, various whiskies, bourbons and ryes. Guest understands the potential risks associated with the consumption of alcohol and acknowledges that Guest does not have or is not aware of any medical condition(s) that would prevent Guest from consuming alcohol or would result in any injury or damage to Guest as a result of Guest’s consumption of alcohol. Guest acknowledges and agrees that Lasting Media shall not be responsible or liable for any accident, injury, theft, loss or damage caused by Guest’s impaired judgment or negligence. Guest waives any claim which Guest, Guest’s heirs, successors assigns, spouse, family members or legal representatives may have against Lasting Media arising from or as a result of any such accident, injury, theft, loss or damage caused by Guest’s impaired judgment or negligence.
A. The Guest will be responsible for any and all damage to the bus, owned by or hired by Lasting Media, caused by the Guest according to the schedule below:
- Excessive clean up fee – $200
- Sickness in vehicle – $350
- Rips/Tears – $150 or replacement cost, whichever is greater
- Other damage – $150 or replacement cost, whichever is greater
4. Guest acknowledges that it is Guest’s responsibility to provide for Guest’s own accident and health coverage while participating on the Tour. Lasting Media does not provide for any accident or health coverage for any of its guests.
5. Guest understands and acknowledges that the Tour involves transportation by various motor vehicles, including, but not limited to shuttle, van or bus transportation. Guest acknowledges and understands the inherent risks associated with these methods of transportation and acknowledges that Guest does not have any medical condition(s) that would prevent Guest from using these methods of transportation or result in any injury or harm to Guest as a result of using these methods of transportation. While Guest understands and agrees that Lasting Media will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the Tour, Guest understands that Lasting Media assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles.
6. In consideration of Guest’s participation in the various activities that comprise the Tour, Guest understands and accepts the risks associated with participation in these various activities and agrees that neither Lasting Media, nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with Lasting Media, will be liable for any personal injury, death or damage of any kind whatsoever, unless caused by Lasting Media’s gross negligence or intentional malfeasance.
7. Guest agrees and acknowledges that Lasting Media shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the Tour by Guest, which may occur on or during the Tour. Guest hereby expressly waives any claim which Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives may have against Lasting Media arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that Guest brings on the Tour is brought at Guest’s sole risk and is Guest’s sole responsibility.
8. Guest assumes the risk of and releases, defends, and holds Lasting Media harmless for any liability, for any death, physical or other injury, loss, or harm suffered by during or as a consequence of Guest’s participation or presence in or on any activity that comprises the Tour under any circumstances unless caused by Lasting Media’s gross negligence or intentional malfeasance. Therefore, Guest agrees to indemnify, defend, and hold Lasting Media harmless against any liability, damages, defense costs (including attorneys’ fees), or from any other costs incurred in connection with any claims for bodily injury, wrongful death, or property damage brought by Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives, except to the extent that any loss or damage is caused by Lasting Media’s gross negligence or intentional malfeasance.
9. This Agreement shall be binding on Guest’s agents, heirs, and successors or assigns, and shall apply to all sponsors, officers, officials, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with or connected to Lasting Media in anyway.
10. Guest acknowledges and agrees that Guest has read and agrees to the Terms & Conditions as found on the website.
11. Guest hereby gives full consent to Lasting Media to use and publish Guest’s likeness on Lasting Media’s advertisements; Guest acknowledges that Lasting Media does not have to compensate Guest in any way for the use of Guest’s likeness on Lasting Media advertisements. Likenesses include, but are not limited to photographs, images, renderings, and drawings of Guest. Advertisements include, but not limited to Lasting Media’s website as well as any brochures, bulletins, digital advertisements, web-based advertisements, and printed advertisements in newspapers and/or magazines.
12. Guest agrees that under no circumstances shall Lasting Media be liable for any consequential, special, indirect, incidental, exemplary or punitive damages of any kind or nature whatsoever, regardless of whether arising from breach of contract or tort, even if Lasting Media was advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen by Lasting Media.
13. To the fullest extent permitted by Law, all parties to this agreement voluntarily and knowingly, WAIVE THE RIGHT TO A TRIAL BY JURY after consulting with counsel (or after having waived the opportunity to consult with counsel). THE RIGHT TO A TRIAL BY JURY IS A RIGHT PARTIES WOULD OR MIGHT OTHERWISE HAVE HAD UNDER THE CONSTITUTIONS OF THE UNITED STATES OF AMERICA AND THE STATE OF TENNESSEE. THIS WAIVER APPLIES IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING DIRECTLY OR INDIRECTLY TO THE TERMS OF THIS AGREEMENT. The parties’ reciprocal agreement to the waiver set forth in the foregoing sentence is a material inducement to the parties’ respective agreements to the other terms of this Agreement.
14. The parties to this agreement agree to cooperate by supporting and fully participating in all efforts to resolve disputes, complaints, claims and other problems that arise or are related to this agreement through mediation or through binding arbitration in accordance with the principles of the Uniform Arbitration Act, and other related laws of the State of Tennessee. THE PARTIES MAKE THE FOREGOING COMMITMENT WITH FULL KNOWLEDGE THAT BY AGREEING TO SUBMIT DISPUTES TO BINDING ARBITRATION, THE PARTIES ARE AGREEING NOT TO RESORT TO THE COURTS OR THE JUDICIAL SYSTEM, AND ARE WAIVING THEIR RIGHTS TO DO SO. Should the parties not be able to resolve their dispute through mediation, each party will voluntarily submit to binding arbitration and shall appoint their own arbitrator. These arbitrators shall select a mutual third arbitrator, thus forming an “Arbitration Panel” that will then proceed to schedule the matter for disposition. In the event that the individual arbitrators are unable to agree on a neutral arbitrator, either party shall have the right to petition the Williamson County Court of Common Pleas to appoint a neutral arbitrator. In order to initiate the binding arbitration process, either party will submit a written request for arbitration to the other party, within a reasonable time following the unsuccessful mediation of their dispute.
15. Guest acknowledges and agrees that all issues and questions concerning the construction, validity, interpretation, and enforceability of this Agreement or the rights and obligations of any Guest in connection with any Tour shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or country’s laws. If paragraph fourteen (14) is found to be unenforceable, then each Guest hereby submits to the exclusive jurisdiction and venue of the state courts in Brentwood, Williamson County, Tennessee and hereby waives any claim that is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS AND HAVE SIGNED IT FREELY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANYONE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT OF THE LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. I HEREBY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.
You MUST be 21 years old or older to sign your own waiver and attend a tour.
Cancellations: Cancellations must be received two weeks (14 days) prior to departure in order to notify persons on the waiting list. Cancellations within this period are subject to payment forfeiture. No shows = No refund.
No Shows: It is the individual’s responsibility to arrive at the departure location on time. Lasting Media cannot be held responsible if you do not arrive on time (no matter what the reason) and miss the bus. We are on a schedule and must depart on time. There will be NO REFUND for no shows on a trip; so be sure you allow enough time to get to the departure point and be sure you know how to get to that departure location.
Return Times: All return times listed are approximate and could fluctuate.
Bus Bunk Assignment: All passengers are assigned bunks for the duration of the tour. We are unable to reserve sections of the bus for special needs such as motion sickness. All bunk assignments will be made in a FAIR and IMPARTIAL manner.
Baggage & Carry-ons: While Lasting Media will make every effort to protect and secure your personal belongings, Lasting Media expressly denies responsibility for these items. No responsibility is accepted for loss or damage to baggage or any of the passengers’ belongings.
Passengers are limited to 1 (one) ‘carry-on’ size bag per person. Items in excess of the passenger’s allowance will be accepted on a space-available basis only. Generally, this will be determined on the evening of departure. These rules are necessary to ensure all passengers may include their luggage on overnight trips. Bus baggage space is limited, so there must be limitations.
Carry & Conceal: Carry and Conceal Weapons are NOT allowed on the bus.