By taking part in a tour offered by NEPA Tour Co., you or any members of your party you make a booking for, agree to the terms of your (or your minor child’s or party’s) experience with NEPA Tour Co. and WAIVE YOUR RIGHT TO SUE US AND TO EXERCISE OTHER LEGAL RIGHTS.

I, the Participant and/or the purchaser, agree to this release of all claims, waiver of liability and assumption of risk (“Waiver and Release”).

 

Voluntary Participation. I understand and confirm that my participation in a NEPA Tour Co. LLC (NEPA Tour Co.) tour is voluntary. I am in good health and suffer from no physical or mental condition that would make me susceptible to injury or disability while participating in the tour.

 

Understanding Risks. I am aware of the risks, dangers and hazards involved in my participation in a NEPA Tour Co. LLC tour. I understand that NEPA Tour Co. LLC tours take place in public venues under conditions largely beyond the control of NEPA Tour Co. LLC tour guides and the company. Potential risks may include, but are not limited to, uneven walking surfaces, potholes, raised path edges, wet or slippery ground, steps, curbs, low lighting, narrow walkways, traffic movement, road crossings, diversions due to construction, physical exertion for which I may not be prepared, acts from outside public persons, or exposure to weather conditions.

Assuming Risks. I assume all risks involved in participation in a tour provided by NEPA Tour Co. LLC. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in a NEPA Tour Co. tour.

Release of Liability. I release, waive, discharge and covenant not to sue NEPA Tour Co. LLC, its principles, affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”) from any and all claims, actions, damages, liabilities, losses, costs, and expenses for death, injury, loss or damage of property, in any way arising out of my participation in a NEPA Tour Co. LLC tour, including, without limitation, any and all claims resulting from the negligence of the Released Entities.

 

Indemnity Agreement. I indemnify and hold harmless the Released Entities from any loss, liability, damage or cost that they may incur for losses and damages which may be brought against me or against any of them by anyone claiming to be injured (including death) or whose property is damaged as a result of my actions arising from or during a NEPA Tour Co. LLC tour.

 

If any portion of this Waiver is held to be invalid it is agreed that the balance of the Agreement will remain valid and enforceable.

Promotion Release. I agree to grant NEPA Tour Co. LLC a royalty-free license to use my photographic, video, or digital likeness, in whole or in part, taken during a tour, solely for promotional, educational, and/or NEPA Tour Co. LLC purposes.

Consent to Medical Treatment. I authorize NEPA Tour Co. LLC to provide me with customary medical assistance, transportation, and emergency medical services as the result of injury or health conditions. This consent does not impose a duty upon NEPA Tour Co. LLC to provide or pay for such assistance, transportation, or services. All emergency medical assistance, transportation, and emergency medical services costs are the participant’s responsibility. I have the right to refuse medical assistance and understand that NEPA Tour Co. LLC will aid if I am incapacitated.

 

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 Staff and I accept that non-compliance may result in injury, death, or permanent disability. I understand that non-compliance may result in my removal from the tour.

 

When Booking a Custom Tour, that may or may not require transportation, Purchaser/Participants further agree to the following:

All vehicles are non-smoking. Smoking in vehicles will void contract and end booking immediately with no refund.

All vehicles are equipped with video surveillance for driver safety; you will be digitally recorded.

Purchaser is defined as the person or persons who sign the contract. That person or persons will be held personally responsible for any and all damage incurred in our to the vehicle. Any and all repairs will be done at our discretion by a provider of our choosing and all expenses will be the responsibility of the Purchaser.

 

If at any time the client or anyone in their party smokes in the vehicle, uses or is found to be in possession of any illegal substance, becomes belligerent or destructive, the contract will immediately be voided and the person/persons or the entire party will be dropped off at the nearest public location, with the assistance of law enforcement officers if needed. All transportation arrangements will be the responsibility of the client.

 

Clients and everyone in their party must remain seated anytime the vehicle is in motion. Failure to remain seated will be reason for removal from vehicle with no consideration for refund.

 

Vehicles must be used for transportation between destinations. At no time are our vehicles to be used for aimless driving or parked as a stationary living room or hang out.

 

A cleaning charge will be billed to the Purchaser for any extensive cleaning. Extensive will be defined as but not limited to, vomit, bodily fluids of any kind, spilled food or drink, outside mud or snow. Charges will be the hourly rate for the time required to clean and/or replace the affected part of the vehicle. To be billed in ½ hour increments.

Any cooler containing ice must be of solid construction, no collapsible or Styrofoam coolers will be permitted in vehicle.

 

Jello shots of any type or form are not permitted in vehicles.

Acts of God affection the timeliness of the pickup is beyond our control and therefore will not affect this contract or allow the customer to request any compensation from NEPA Tour Co. LLC at any time.