A User Participation Agreement
This User Participation Agreement is by and between You, the undersigned, on the one hand, and Theobromine, and all of their agents, employees, independent contractors, owners and/or representatives (collectively, “Boston Chocolate Tours”), on the other. The following Terms and Conditions apply to the tour and/or any other event (“Event”) in which You participate.
PLEASE READ BEFORE SIGNING – ALL PARTICIPANTS MUST DO SO VOLUNTARILY
1. I understand and agree that all sales are final. Tickets are valid only for the specified date and time for which they have been purchased, and may not be used or exchanged for any other date or time. I understand and agree that Boston Chocolate Tours reserves the right to limit the number of participants or cancel any Event that fails to attract minimum enrollment.
2. I understand and agree that Boston Chocolate Tours reserves the right to make changes or substitutions in order to meet unexpected situations, and/or cancel Events if deemed necessary for any reason including insufficient program participation and/or circumstances beyond its control, such as strikes, lockouts, riots, wars, hostilities, civil disturbances, acts of God, acts of governments or other authorities, thefts, pilferage, epidemics, quarantines. In such case, I shall be entitled to a full refund within thirty (30) days.
3. I understand and agree that ordinarily Events are held rain or shine. I will be given a chance to reschedule in the unlikely case of an Event being cancelled.
4. I will advise Boston Chocolate Tours prior to the Event of any medical/health concerns that might impact my ability, or the ability of a minor for whom I am responsible, to participate. I understand and agree that the Event leader will have the right in his or her sole discretion to ask me to leave an Event if he or she feels I cannot enjoy the Event safely.
5. I represent that I am at least 21 years of age. I understand that failure to prove I am at least 21 years of age, to the satisfaction of event and/or host location staff, will result in the revocation of my ticket without refund. I understand that Boston Chocolate Tours, as well as host location staff, maintains the right to demand proof of age from any Participant. Without limiting the foregoing, I hereby release and indemnify Boston Chocolate Tours and the host locations from any liability for damages to me or any other person or entity caused in whole or in part by my consumption of any item, including without limitation, alcohol.
6. I represent that I am in good health, in proper physical condition, and capable of walking long distances outdoors. I agree to wear proper clothing, use sunscreen, and stay hydrated throughout the Event.
7. I comprehend and assume, individually and as parent/guardian of any minor executing this Agreement, all risk associated with participation in the Event, including without limitation food sickness, allergies, health issues, accidents, failure of transportation, injury during or caused by transportation, weather, and any damages to person or property caused thereby. I acknowledge that the Event is conducted at locations that are not owned, operated, or controlled by Boston Chocolate Tours. I acknowledge that weather conditions are not guaranteed to be favorable on the date and time scheduled for the Event.
8. In consideration of the agreement by Boston Chocolate Tours to accept my application to participate in the Event, I, individually and as parent/guardian of any minor executing this Agreement, do hereby release and forever discharge Boston Chocolate Tours and their host locations from any and all actions, claims, causes of action, expenses, damages and demands of any kind, including but not limited to any claim of damages for personal injury, illness, disease, death or loss of personal property now existing or which may in the future result from my or my child’s/ward’s participation in the Event. I understand and agree that having read and understood this agreement and that by signing this agreement on behalf of myself and or my children/wards I am surrendering valuable rights, and agree not to sue, either in my individual capacity or in my capacity as parent/guardian, Boston Chocolate Tours and/or any of their host locations
9. If alcohol is served during the Event, I accept responsibility for complying with local laws regarding the consumption of alcohol, and if consuming alcohol, monitoring and/or limiting my alcoholic beverage intake. By accepting alcohol during an Event, I promise and agree that I am at least 21 years of age. I understand that Boston Chocolate Tours, as well as host location staff, maintains the right to demand proof of age from any Participant. Without limiting the foregoing, I hereby release and indemnify Boston Chocolate Tours and the host locations from any liability for damages to me or any other person or entity caused in whole or in part by my consumption of any item, including without limitation, alcohol.
10. I understand and agree that the starting and finishing location of the Event may not be in the same place and that I am responsible for your own transportation to and from the starting and finishing location of the Event.
11. I grant to Boston Chocolate Tours an irrevocable, sub-licensable, non-exclusive, perpetual, royalty-free right to use my name, photographic, video and digital likeness (and that of any child/ward for whom I am responsible) as well as any content submitted via website(s) or electronic mail, solely for our promotional and/ or commercial purposes without further obligation or compensation.
12. This release and waiver constitutes the entire agreement between Participant and Boston Chocolate Tours and no modification of it shall be made or be enforceable except by a written agreement signed both by the Participant and Theobromine. This agreement shall be controlled by Massachusetts law and any claims or suits brought arising out of and/or in connection with an Event and/or these Terms and Conditions shall be brought before the American Arbitration Association located in Boston, Massachusetts.