Disclaimer

Disclaimer/Participation Waiver
WAIVER AND RELEASE OF CLAIMS

I am voluntarily taking part in the food and beverage tastings, and special
events (the “Tour”) provided by All About Wine Tasting (the “Company”). I
am in reasonable health and am not otherwise limited by either minor or
serious mental or physical injury, disability or illness that could potentially
render me particularly susceptible to injury or disability while participating in
any activity contemplated by the Tour.
In consideration of participating in the Tour, on behalf of myself, my heirs
and representatives, I am agreeing to release from all liability and further
agreeing not to sue the Company, its employees, contractors, agents,
owners, vendors, business participants and all those connected with it from
any and all claims, including claims of the Company’s negligence, resulting
in any physical (including death) or psychological injury, illness, damages or
economic or emotional loss which I may suffer as a result of my participation
in the Tour including travel involved in the Tour.
I am aware of the risks involved in the Tour and fully understand and
accepts each and every one of the risks associated with my participation in
the Tour encompassing, without restriction, exposure to conditions of
inclement weather, food sickness or unanticipated allergic reaction, injuries
(e.g., without exception, those arising out of lack of coordination, clumsiness
or inattention, other participants, motor vehicles, pedestrians and any other
possible obstacle) and death.Despite the above I assume all related
risks, both known and unknown to me concerning my participation in
the Tour.
I acknowledge that California Code of Civil Procedure section 1542, provides
as follows: “”A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his settlement
with the debtor.” I am specifically waiving any and all rights and/or benefits I
may have against Company and the Released Parties under California Civil
Code section 1542 or any other statute or common law principles of similar
substance and effect, and represent, acknowledge, and agree that I am
knowing and voluntary waiving the provisions of California Civil Code section
1542 as a part of this Release and Waiver.

MY PARTICIPATION IN THE TOUR IS AT MY OWN SOLE RISK. I agree
to hold the Company on behalf of myself and/or any person or entity acting
through or on behalf of me, harmless and forever and unconditionally
release 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, Wineries located in the San Diego
County, Wineries in Valle de Guadalupe, Transportation partners,
Restaurant partners, art galleries partners, venue partners, chef partners)
(Collectively, “Released Parties”), from any and all claims, actions,
damages, liabilities, losses, costs and expenses in any way arising out of, or
resulting from, my participation in the Tour, including, without limitation, any
and all claims, actions, and liabilities for death, injury, loss or damage to me
or 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.
I further on behalf of myself and/or any person or entity acting through or on
behalf of me, further agree 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 or
exception, attorney’s fees) and losses of any kind or nature whatsoever in
any way arising out of, or resulting from, my participation in the Tour.
I further agree to grant Company and Company’s assigns the sub-
licensable, irrevocable right and authority to use my name, image, video
presence, and/or photograph for any and all commercial or non-commercial
purposes either now or later, forever without additional obligation or liability
to me.
I understand this Waiver and Release of Claims encompasses the complete
agreement and acknowledgment between Participant and the Released
Parties, and terminates, cancels and supersedes any previous agreement or
understanding relative to the subject matter contained within. There are no
agreements other than what are described this Waiver and Release of
Claims.
I agree that none of the items included in this Waiver and Release of Claims
can be disregarded or modified unless done so only in writing, signed by me
and the Company. Failure of any of the Released Parties to enforce any of
their rights hereunder at any time will not be an opportunity for this Waiver
and Release for any remotely similar acts at any subsequent time. If any
provision of this Waiver and Release is deemed to be invalid or
unenforceable then the remaining provisions shall remain unaffected by
such unenforceability.

I am 18 years of age or older. By purchasing tickets and
participating in the tours I understand the legal consequences of doing
so which includes a release of the Company from all liability related to
the Tour and promising not to sue the Company and assuming all risks
involved in the Tour known or unknown.I am also agreeing to allow the
Company to use my name and likeness in its promotional activity.I am
willingly participating with the above clear understanding.
If under age 18 years of age:
I am the parent or legal guardian of the person(s) participating in the
Tour (the “Participant”).I understand the legal consequences involved in
the purchase of tickets and participation of taking the tour in which I
for the Participant: release the Company from all liability on my behalf
and the Participant; promises that I or the Participant will not to sue the
Company and that I for the Participant assumes all risks of
participation in the Tour. I allow the Participant to go on the Tour. I
understand and agree that I am responsible for the obligations and acts of
the Participant as described in this document and agree to be bound by its
terms.
Here’s what we’re really saying:
By your ticket purchase and participation in the tours, private wine tastings
and special events provided by All About Wine Tasting (the “Company”) you
have agreed to participate in a unique experience in San Diego County in
the United States and Valle de Guadalupe in Ensenada, Mexico to travel,
see, photograph, and taste some of the sights which these cities have to
offer.
By purchasing tickets or accepting tickets as a gift, whether on this website
or via a partnering ticket sales site, you agree to participate on these tours at
your own sole risk and agree that you are in reasonable health and will not
hold All About Wine Tasting, parent company VC Professional Consultant, or
any of its affiliates, restaurants, wine bars, breweries, or distilleries liable for
any accidents, mishaps, or food related illnesses or any other damages the
cause of which are potentially known or unknown. This would include any
injuries traveling to and from the Tour.
Basically, by coming on the tour you promise to try to have a good time and
not sue us.