Waiver and Release of Liability, Assumption of Risk, Consent to Medical Treatment, Indemnification, and Media Release

By purchasing tickets for and/or participating in any walking tour (“Tour”) offered by Field and Fable Tours LLC (the “Company”), I, and if I am not yet 18 years old, my parent or legal guardian (individually and collectively referred to below in the first person singular), agree to be bound by the provisions of this Waiver and Release.

1. Voluntary Participation

I understand and confirm that my participation in the Tour is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury, illness, or disability while participating.

2. Assumption and Comprehension of Risk

I fully understand and accept all risks associated with participation in the Tour, including but not limited to:

  • Exposure to unfavorable weather conditions.

  • Food sickness, allergic reactions, or choking.

  • Injuries from slips, trips, falls, stairs, curbs, uneven pavement, or narrow, steep, or poorly lit pathways.

  • Collisions or accidents involving pedestrians, motor vehicles, bicycles, or other participants.

  • Illness or injury resulting from exposure to communicable diseases (including COVID-19), as well as unforeseen risks such as civil unrest, epidemic, or emergency situations.

I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tour.

3. Release of Liability

I waive and release Field and Fable Tours LLC, its owners, officers, employees, contractors, representatives, tour guides, insurers, successors, and assigns (“Released Parties”) from any and all claims, demands, damages, costs, expenses, actions, and causes of action, whether known or unknown, present or future, including those arising out of the negligence of the Released Parties.

I agree that if I attempt to bring suit against any Released Party in violation of this Waiver, I will be responsible for all attorney’s fees and costs incurred in defending such action.

The Company’s liability, if any, shall be limited to actual damages arising from gross negligence or willful misconduct, and in no event shall such damages exceed $500. Under no circumstances shall the Company be liable for incidental, indirect, special, punitive, or consequential damages.

4. Indemnification

I agree to defend, indemnify, and hold harmless the Released Parties from any and all claims, liabilities, losses, costs, and expenses (including attorney’s fees) arising out of my participation in the Tour.

5. Consent to Medical Treatment

I authorize the Company and its representatives to secure or provide medical treatment, transportation, or emergency services on my behalf as deemed necessary. I understand this does not create an obligation to provide such care, and any related expenses are my responsibility.

6. Tour Conduct

I agree to comply with all instructions from my tour guide or Company staff during the Tour. I understand that failure to comply may result in removal from the Tour without refund, and may increase risks of injury, illness, or other harm.

7. Media and Promotional Release

I grant to the Company the irrevocable, royalty-free, worldwide right and license to use my name, likeness, image, voice, and/or photograph, in whole or in part, in any and all media now known or later developed, for promotional, educational, advertising, commercial, or non-commercial purposes. I understand I am not entitled to compensation for such use, and that the Company shall own all rights, title, and interest in such media.

8. Binding Effect

This Waiver and Release shall be binding upon my heirs, next of kin, executors, administrators, personal representatives, and assigns, and shall inure to the benefit of the Released Parties.

9. Severability

If any provision of this Waiver is found to be invalid or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

10. Governing Law and Venue

This Waiver and Release shall be governed by and construed under the laws of the State of South Carolina, without regard to conflict of law principles. Any dispute, claim, or legal proceeding arising out of or related to participation in the Tour shall be brought exclusively in the state or federal courts located in Spartanburg County, South Carolina, and I consent to the jurisdiction of such courts.

11. Entire Agreement

This Waiver and Release constitutes the entire understanding between the parties regarding the subject matter herein and supersedes any prior agreements, whether written or oral. It cannot be modified except in a writing signed by both parties.

Acknowledgment

THIS IS A WAIVER AND RELEASE OF LIABILITY. BY PURCHASING A TICKET OR PARTICIPATING IN THE TOUR, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ, FULLY UNDERSTOOD, AND VOLUNTARILY AGREED TO ALL TERMS HEREIN. IF THE PARTICIPANT IS UNDER 18 YEARS OLD, A PARENT OR LEGAL GUARDIAN ALSO CONSENTS TO THIS AGREEMENT.