NITE TOURS LLC WAIVER FORM
Nite Tours, 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.
PASSENGER ASSUMES THE RISKS:
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 returning to my residence.
HOLD NITE TOURS HARMLESS:
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.
PHOTO/IMAGE RELEASE
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.