WAIVER

In consideration of being allowed to purchase tickets for and/or participate in the event and/or tour offered by Rhode Island Red Food Tours (the “Company”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the purchaser/tour participant (“Participant”), Participant understands, acknowledges, represents and warrants the following to the Company, with the knowledge that the Company will rely on same:

1. Participant desires to participate in the food tasting and cultural walking tours offered by the Company (the “Tours”).

2. Participant is in good health and suffers from no physical or mental injury, illness or disability that would make Participant especially susceptible to injury or disability while performing any activity contemplated by this Waiver and Release of Claims.

3. Participant fully comprehends and accepts all of the risks associated with his/her participation in the event and/or tour including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death.

4. Participant grants to the Company and the Company’s successors and assigns an irrevocable, sub-licensable right and authority to use Participant’s name, likeness, photograph and/or picture for any and all commercial or non-commercial purposes now known or later developed in perpetuity throughout the universe without further obligation or compensation to Participant.

5. Participate acknowledges that novel coronavirus (”COVID-19″) infections have been confirmed throughout the United States, including in Rhode Island. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), and the Rhode Island Department of Health (RIDH) for slowing the transmission of COVID-19, the participant hereby agrees, represents, and warrants that the participant shall not utilize the services, nor participate in the Tours offered by the Company if the participant has (i) returned from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) been exposed to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) been exposed to any person who has a suspected or confirmed case of COVID-19. The CDC Travel Health Network is continuously updating this list and the participant agrees that they are aware of this list and the countries listed. The participant agrees to check the CDC Travel Health Notices list (https://www.cdc.gov/coronavirus/2019-ncov/travelers/map-and-travel-notices.html) prior to utilizing the services and programs of the Company.

6. The participant hereby agrees they shall not utilize the services, nor participate in the Tours offered by the Company if the participant has the following: (i) experiences symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, as listed by the CDC (presently found here: https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html) or (ii) has a suspected or diagnosed/confirmed case of COVID-19. The Company will only permit a participant to participate in any Tours after at least 15 days have passed from the last day of any COVID-19 symptoms present in either the participant or any person living with the participant in the home. The participant agrees to notify the Company immediately if he or she believes that any of the foregoing access/use restrictions may apply.

7. The Company has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set forth above. The participant acknowledges and agrees that the Company may revise its procedures at any time based on updated recommended guidance and protocols issued by the Public Health Agencies and further agrees to comply with the Company’s revised procedures prior to utilizing the facilities, services, and programs of the Company. The participant fully understands and appreciates both the known and potential dangers of partaking in the Tours and utilizing the facilities, services, and programs of the Company and acknowledges that use thereof by the participant, despite the Company’s reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.

8. PARTICIPANT’S PARTICIPATION IN THE TOURS IS AT PARTICIPANT’S OWN SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, HEREBY FOREVER AND UNCONDITIONALLY RELEASES THE COMPANY, AND ANY AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS, PARTNERS, CONTRACTORS, INSURERS, SHAREHOLDERS AND DIRECTORS OF THE FOREGOING (INCLUDING, WITHOUT LIMITATION, EZTIX EVENT TICKETING INC., (COLLECTIVELY, THE “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES IN ANY WAY ARISING OUT OF, OR RESULTING FROM, PARTICIPANT’S PARTICIPATION IN THE TOURS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, AND LIABILITIES FOR DEATH, INJURY, LOSS OR DAMAGE TO PARTICIPANT, TO ANYONE ELSE, OR TO ANY PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH INJURY, LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENCE OR WILLFUL CONDUCT OF THE COMPANY OR ANY OF THE RELEASED PARTIES. PARTICIPANT, ON BEHALF OF HIS/HERSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH OR ON BEHALF OF PARTICIPANT, FURTHER AGREES TO DEFEND AND INDEMNIFY THE RELEASED PARTIES, AND TO HOLD THE RELEASED PARTIES HARMLESS, FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS AND REASONABLE ATTORNEY’S FEES) AND LOSSES OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY ARISING OUT OF, OR RESULTING FROM, PARTICIPANT’S PARTICIPATION IN THE TOURS TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. THE PARTICIPANT, ON HIS OR HER BEHALF AND ON BEHALF HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the Company, its directors, officers, employees, volunteers and agents from all liability to the participant and all personal representatives, assigns, heirs, and next of kin of the participant for any loss or damage, and any claim or demands on account of any injury to, or an illness or the death of, the participant (or any person who may contract COVID-19, directly or indirectly, from the participant) whether caused by the negligence, active or passive, of the Company or otherwise while the participant is participating in any program affiliated with the Company.

10. The undersigned agrees and acknowledges that participating in the Rhode Island Red Food Tours, may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death or property damage. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or third parties, and waives any claims that they may have for themselves or third parties. The undersigned acknowledges that any illness or injuries that the undersigned may be compounded by negligent first aid or emergency response of Rhode Island Red Food Tour representatives or third parties, and waive any claim in respect thereof.

11. This Waiver and Release of Claims constitutes the entire agreement and understanding between Participant and the Released Parties, and cancels, terminates and supersedes any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises, agreements, warranties, covenants, or undertakings other than those contained in this Waiver and Release of Claims.

12. None of the provisions of this Waiver and Release of Claims can be waived or modified except expressly in writing signed by the Participant and the party against whom the waiver or modification is sought to be enforced. Failure of any of the Released Parties to enforce any of their rights hereunder at any time shall not act as a waiver to enforce their rights under this Waiver and Release for same or similar acts at any subsequent time.

13. This Waiver and Release of Claims shall be governed by and construed in accordance with the laws and decisions of Rhode Island, United States as applied to agreements entered into and fully performed within Rhode Island, United States. The courts sitting in Providence, Rhode Island, United States shall retain the exclusive jurisdiction over any disputes arising under or related to this Waiver and Release of Claims, and the Participant expressly consents to the personal jurisdiction of same. No action may be brought against the Company as a class action.

14. The Participant agrees to indemnify, hold harmless, and defend Rhode Island Red Food Tours, its directors, officers, employees, volunteers and agents, and each of them, from any loss, liability, damages or costs from any claim or potential claim by any third party against Rhode Island Red Food Tours as a result of the action or inaction of the Participant, regardless of the action or inaction of any other third party.

15. In the event a provision contained herein is held to be unlawful or unenforceable, such provision shall be severable from the remaining provisions of this Agreement, which shall remain in full force and effect.

16. The Participant understands that by providing their email address below they are agreeing to receive occasional offers and news from Rhode Island Red Food Tours. At any point the participant may unsubscribe from any email by simply clicking the unsubscribe link located at the bottom of any email.

17. If this Waiver & Release is being entered into for a minor by their legal guardian, the undersigned represents and warrants that he or she has full legal authority to enter into this agreement on behalf of the minor participant. I understand that this release covers persons which I request that Rhode Island Red Food Tours provide services to, even if not listed on this Agreement, as well as any third parties or agents. The undersigned shall indemnify, defend and hold harmless any claim as a result of a lack of authority to enter into this agreement on behalf of the minor or any third party.

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 DURING, BEFORE OR AFTER THE RHODE ISLAND RED FOOD TOURS, AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. I REPRESENT AND WARRANT TO RHODE ISLAND RED FOOD TOURS THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT.