This form and the associated Terms and Conditions are important legal documents. They explain the risks you assume on your tour/experience with CityWalksNY (the “Company”). It is critical that you read and understand them completely.
Waiver, Informed Consent, and Covenant Not to Sue
I, the purchaser, have purchased a tour/experience through CityWalksNY. I do here and forever release and discharge and hereby hold harmless the Company and its respective agents, heirs, assigns, contractors, and employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with my participation in this or any program including any injuries, illness, death or permanent disability resulting therefrom. This Waiver and Release of Liability includes, without limitation, injuries which may occur as a result of (1) my own actions, health, or physical stamina, (2) the negligence of other participants or third parties encountered on the tour,(3) negligent guidance on the part of the Company or its Staff, or (4) as a result of war, civil unrest or epidemic.
I further agree that if I violate this agreement and bring suit against any parties named herein, I will be responsible for attorney’s fees and any costs incurred by that person in defending such action.
Assumption of Risk
I, the purchaser, understand that this experience requires the ability to walk long distances, take the subway, and otherwise navigate the streets and transit systems of New York City. I am aware of the inherent dangers and risks of this experience, including: physical exertion for which I may not be prepared, weather conditions subject to sudden and unexpected change, and the actions of third parties outside of the Companyʼs control. I declare that I am fully physically, mentally and emotionally fit for and capable of participation in this experience, and I accept all the inherent risks of the experience.
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 Staff and I accept that non-compliance may result in death, injury, illness, or permanent disability. I understand that non-compliance may result in my removal from the tour.
I am aware that images or recordings may be taken during the course of the tour/experience, and I hereby grant the Company permission to use my photographic, video, or digital likeness for promotional, educational, and/or commercial purposes, without payment or any other consideration.
BY MAKING THIS PURCHASE, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THIS TOUR AND THIS WAIVER AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.