By purchasing/booking a ticket(s) or reservation(s), you affirm that you have fully understood and agree to the following Waiver of Liability:
Waiver of Liability: I, for myself, and my personal assignees, representatives, or heirs, do hereby release, waive and discharge Free Walking Tours Curacao , their officers, agents, representatives, employees, contractors, affiliates, or tour guides (hereafter called “Staff”) from liability from any and all claims, including claims stemming from or related to personal injury, illnesses, accidents, death, property loss, or any other loss or grievance, arising from participation on any tour, activity or event offered, conducted or promoted by the company (hereinafter referred to as “Activity”), or while in the presence of company Staff, even if due to negligence of the Company or Staff.
This Waiver covers all "Activities" provided by Free Walking Tours Curacao and third parties. "Activities" means the activities and services we are providing, arranging, or organizing on my behalf depending on my chosen itinerary.
These include but are not limited to: Walking Tours, Alcohol Tasting, Team Buildings, Pub crawls, beach hopping tours, or any bespoke activities requested that are not necessarily specified on our website on the aforementioned list.
I am fully aware of risks and hazards connected with the activity, including but not limited to the risks as noted herein and I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activity. I am aware that the tour, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include: physical exertion for which I may not be prepared and weather extremes subject to sudden and unexpected change.
I accept all the inherent risks of the proposed tour and the possibility of personal injury, death or property damage or loss resulting there from. I acknowledge that the enjoyment and excitement of the proposed form of tour is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation. I agree that if I suffer injury or illness Free Walking Tours Curacao or its staff can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety.
I understand that Free Walking Tours Curacao will not be responsible for any medical costs associated with an injury I may sustain. I also understand that I am responsible for any damage I cause to the employees. 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 Free Walking Tours Curacao 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. As a participant on the tour, I accept full responsibility for my behavior, well-being, and health throughout the tour, which may involve a variety of activities, unfamiliar locations, and modes of travel. I agree to hold neither Free Walking Tours Curacao, nor its staff liable in any way should any harm come to me. I acknowledge and understand the dangers associated with the consumption of alcohol, agree that I am solely responsible for removing myself from participation in the walking tour if at any time I feel unable to complete or participate in the walking. I further hereby agree to indemnify and hold harmless the releases from any loss, liability, damage or costs, including court costs and attorney’s fees, that may incur due to my participation in said activity, or not, whether caused by negligence of Free Walking Tours Curacao or otherwise. In agreeing to this Waiver and Release, I am not relying on any oral, written nor visual representations or statements by Free Walking Tours Curacao or its staff or any other inducement or coercion to go on the tour. I confirm that, by my own free will, I have read and understood the Terms and Conditions of this walking tour and Wavier and Release and agree that this Waiver and Release will be binding upon my heirs, next of kin, executors, administrators and successors. I agree to grant the sponsors of this tour to a worldwide, royalty-free license to use my photographic, video, or digital likeness solely for promotional, educational, and/or commercial purposes. By purchasing the tour, I affirm that I have fully understood and agree to these Terms and Conditions, Waiver and Release of Liability.
Disclaimer of Fitness: I declare that I am fully physically, mentally and emotionally fit for and capable of participation in an Activity. My state of fitness includes but is not limited to the following: A) My physical health, well-being and fitness, including but not limited to possessing ability to walk, run, pedal or skate appropriately for the nature of the Activity B) My mental and emotional well-being appropriate for participation in an activity C) My ability to ingest, consume and/or digest food or beverage served, vended, sold or offered in the course of an Activity C) My ability to ingest, consume and/or digest alcoholic beverage(s) or spirit(s) served, vended, sold or offered in the course of an Activity D) My sobriety and lack of being under influence of alcohol, drugs, medications, controlled or drowsiness-inducing substances or narcotics, or being under influence of any other substance which may effect my physical, emotional or mental ability to participate in an activity E) My lack of any condition, disposition, illness, disease, ailment or pregnancy for which participation in an Activity may cause negative or adverse effect(s) to my health or well-being.
Photo and Video Release: I am aware that images or recordings may be taken during the course of an Activity, and hereby grant the Company permission to the rights of my image, recording, likeness and/or sound of my voice as recorded on an Activity, without payment or any other consideration.
Assumption of Risks: I knowingly, willingly, and voluntarily assume any and all risks associated with an Activity I participate in or attend. The specific risks include, but are not limited to, the following: A) all risks associated with traveling or transport to, before, during, and/or returning back from, the site of an Activity, including but not limited to walking and/or use of vehicle, bicycle, roller skates or public transit B) All risks associated with the nature of and participation in an Activity, including but not limited to travel or transport, consumption of food or beverage, consumption of alcoholic beverage(s) or spirit(s), physical activity and/or athletics, or any other activity conducted in the course of an Activity C) all risks associated with walking, standing, sitting, or traveling on property owned, leased, managed, occupied or under the authority of the Company, the public, city or municipal government or agency, or 3rd party, including but not limited to a sidewalk, street, thoroughfare, park, store, shop, restaurant, nightlife establishment, private residence or property, or public transit vehicle or property.
Indemnification and Hold Harmless: I agree to indemnify and hold harmless the Company and/or Staff from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement on an Activity, and to reimburse the Company and/or staff for any such expenses incurred in the course of and in defense of such action(s).
Alcohol and Illegal Substances: If I use, consume, or am under the influence of alcohol or illegal drugs prior to or while engaging in the Activities, I ASSUME AND ACCEPT ALL RISKS, DANGERS, AND HAZARDS THAT MAY RESULT FROM THIS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS, even in the event of negligence or fault by Free Walking Tours Curacao or third parties, and will indemnify Free Walking Tours Curacao from any and all liability for any damage to property or personal injury to any third party, resulting from my participation in the Activities, while, during, or after consumption of illegal drugs or alcohol.
Acknowledgement of Understanding: I have read this Waiver of Liability, fully understand its terms, and understand that I am giving up substantial rights, including my right to pursue legal action. I acknowledge that I am making this agreement freely and voluntarily, and intend by my purchasing, booking or reserving a ticket(s) or reservation(s) to completely and unconditionally release Free Walking Tours Curacao and Staff of all liability to the greatest extent allowed by law.