Liability Waiver

CAPITAL CITY FOOD TOURS, LLC

RELEASE AND WAIVER OF LIABILITY

The undersigned “Participant”, by purchasing a ticket and in consideration of being permitted to participate in the food tour on the date written below or at some other agreed upon date in the future (the “Tour”), and for other valuable consideration, including the bargained for enjoyment and excitement of the proposed Tour, understands the nature of the Tour and warrants that he/she is sufficiently healthy to participate in the Tour.

Participant hereby forever RELEASES and agrees to HOLD HARMLESS Capital City Food Tours, LLC (the “Company”), along with its owners, employees, agents, tour guides and host locations, from all claims, including without limitation personal injury, death, permanent disability, property damage, or other loss, related to his/her participation in the Tour resulting from the Company’s, its owners, employees, agents, and/or host location’s NEGLIGENCE. PARTICIPANT DOES NOT RELEASE OR WAIVE ANY LIABILITY OF THE COMPANY FOR INTENTIONAL OR RECKLESS ACTS ON THE PART OF THE COMPANY.

Participant acknowledges, understands and thereby assumes all risk associated with his/her participation in the Tour, including without limitation food sickness, food poisoning, food allergies, Participant health issues, theft or damage to Participant property, physical injury during the Tour, weather, transportation delays and traffic dangers (collectively, the “Risks”). Participant acknowledges that the Tour visits public locations and/or locations that are not owned or controlled in any way by the Company and therefore the Company does NOT guarantee or insure the performance or actions of those third parties or any Risks. Participant further agrees at all times during the Tour to abide by and comply with instructions given by the Company, its owners, employees, agents and tour guides. Participant’s non-compliance with such instructions may result in injury, death or other losses, and Participant may be removed from the Tour.

The Company is not a licensed food handler and does not guarantee the food’s safety and therefore shall not assume any liability related to the food, food safety or the Participant’s consumption of such food.

If alcohol is served during the Tour, Participant accepts full responsibility for complying with all applicable laws regarding the consumption of alcohol. By consuming alcohol during the Tour, Participant represent that he/she is at least 21 year of age. The Company may, in its sole discretion, require proof of Participant’s age. Participant may be removed from the Tour by the Company for refusing to provide proof of his/her age.

Participant agrees to grant the Company a worldwide, royalty-free, transferrable, irrevocable license to use Participant’s likeness and/or photographs of Participant for the limited purpose of promoting future tours and/or marketing the Company.

This Release and Waiver constitutes the entire agreement between Participant and the Company, and no modification of it shall be made or be enforceable except by written agreement signed by both parties. This Release and Waiver shall be controlled by Wisconsin law.

Participant has read, understands, and thereby consents to this Release and Waiver. Participant further warrants that he/she is at least 18 years of age, or if under 18 years old, the person consenting on behalf of the Participant is Participant’s parent or legal guardian.

PARTICIPANT

(Participant Signature) Date

(Print Name) (Phone no./email)

4836-5655-1211, v.  1