Waiver of Liability
Tour Buds Waiver Overview
I understand and agree that my participation in events, programs, tours, or activities organized, operated, conducted and/or sanctioned by Tour Buds, Inc. is conditional upon my execution of this document.
1. I am aware that travelling in a motor vehicle is dangerous, and involves the possibility of injury or death.
2. I accept these risks, and all others arising from these events and programs, even if arising from the negligence, gross negligence or negligent rescue by those associated in any way with Tour Buds, Inc., events and programs they may be involved in, the venues at which these events and programs take place or by those organizing, officiating, or participating in these events and programs throughout the year, including their respective officers, directors, members, employees, agents, servants, volunteers and representatives (the "Releasees").
3. I understand that while cannabis and cannabis-ancillary products are used by some persons medicinally, there could be danger associated in consuming such products, or occupying a space in which such products are combusted or vaped, including the possibility of injury, illness, or death.
4. I understand that this tour is for those seeking to get a better understanding of what the future recreational market in Ontario could look like, and that the information presented will not be considered medical, health, legal, investment, dietary, or lifestyle advice.
5. I understand that all applicable rules for participation must be followed, and that SOLE RESPONSIBILITY FOR MY PERSONAL SAFETY REMAINS WITH ME, including my physical, mental and emotional preparation and fitness to participate in all events and programs throughout the tour.
TOUR BUDS, INC. RELEASE OF LIABILITY, PROMISE NOT TO SUE, ASSUMPTION OF RISK
Driving and riding in a motor vehicle is a dangerous activity. Professional and recreational drivers and passengers are commonly injured and even die in motor vehicle accidents. All passengers must accept full responsibility for their own safety.
WAIVER OF LIABILITY
Passenger understands that this Release discharges Tour Buds, Inc. from any liability or claim that the Passenger may have against Tour Buds, Inc. with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Passenger's Activities with Tour Buds, whether caused by the negligence of Tour Buds, Inc. or its officers, directors, employees, or agents or otherwise. Passenger also understands that Tour Buds, Inc. does not assume any responsibility for or obligation to provide financial assistance or other assistance, including but not limited to medical, health, or disability insurance in the event of injury, illness, or death.
PLEASE READ CAREFULLY THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS!
This Release and Waiver of Liability (the "Release") executed on this date by (the "Passenger") in favor of Tour Buds, Inc. an Ontario company, their directors, officers, employees, and agents (collectively, "Tour Buds"). The Passenger desires to participate in a Tour Buds tour/event, and ride in motor vehicles to and from locations in and around Ontario, and take tours of local cannabis businesses (the "Activities") and achieve a better understanding of the current medical and soon to be recreational cannabis and ancillary businesses in Ontario. The Passenger understands that the Activities may include mechanical breakdown of Tour Buds vehicles, motor vehicle accidents, and associated delays, injury and even death. The Passenger further understands that while Passengers are on a cannabis business premises, that cannabis business is responsible for premises safety and conducting the tour. Tour Buds does not provide tours or supervision of cannabis businesses, other than transporting Passengers to the sites. The Passenger hereby freely, voluntarily, and without duress, executes this Release under the following terms:
1) RELEASE AND WAIVER Passenger does hereby release and forever discharge and hold harmless Tour Buds and its successors and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from Passenger's Activities with Tour Buds.
2) MEDICAL TREATMENT Passenger does hereby release and forever discharge Tour Buds from any claim whatsoever which arises or may hereafter arise on account of any first aid, medical treatment, or other service rendered in connection with the Passenger's Activities with Tour Buds.
3) ASSUMPTION OF THE RISK The Passenger understands that the Activities may be hazardous to the Passenger, automobile accidents, slip and fall injury, injury getting into and out of a vehicle, injury occurring at various tour sites, and even death.
4) Passenger hereby expressly and specifically assumes the risk of injury or harm in the Activities and releases Tour Buds from all liability for injury, illness, death, or property damage resulting from the Activities.
5) INSURANCE The Passenger understands that, except as otherwise agreed to by Tour Buds in writing, Tour Buds does not carry or maintain health, medical, or disability insurance coverage for any Passenger. Each Passenger is encouraged and expected to obtain their own medical, health, and/or accident insurance coverage.
6) PHOTOGRAPHIC RELEASE The Passenger does hereby grant and convey unto Tour Buds all right, title, and interest in any and all photographic images and video or audio recordings made by Tour Buds or Passenger and shared on any social media during the Passengers Activities with Tour Buds, including, but not limited to, any royalties, proceeds, or other benefits derived from such photographs or recordings.
7) OTHER Passenger expressly agrees that this Release is intended to be as broad and inclusive as permitted by the laws of the Province of Ontario, and that this Release shall be governed by and interpreted in accordance with the laws of the Province of Ontario. Passenger agrees that in the event that any clause or provision of this Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Release which shall continue to be enforceable.
8) Passenger certifies they will wear a seat belt or remain seated at all times while aboard a vehicle that is in motion at any Tour Buds tour/event.
9) Passenger certifies that they are over the age of nineteen (19) and have provided valid identification of age to Tour Buds.
10) Tour Buds’ professional driver’s cabin is completely partitioned from the rest of the vehicle to ensure there is no possibility of second-hand intoxication to the driver. Nonetheless, Passenger certifies that at no time will they distract the Tour Buds motor vehicle driver, or obstruct his/her vision or hearing.
11) Passenger certifies that at all times during a Tour Buds tour, including while riding in a vehicle, or touring a cannabis business’s premises, Passenger is responsible for any consumption of cannabis while participating in the Activities on the tour/event and releases Tour Buds from any and all responsibility associated with consumption/ingestion or possession of cannabis or cannabis-ancillary products. Passenger certifies that Passenger is responsible for any cannabis-related offenses, charges and tickets by signing this waiver.
12) Passenger certifies that they are not now under the influence of any illegal drugs, alcohol, prescription medication.
13) Passenger understands that ingesting marijuana/cannabis products can impair motor function, coordination, balance, cardiovascular health, mental health and induce drowsiness or psychosis.
14) Passenger understands that Tour Buds staff are not medical practitioners, and will not provide any medical advice or suggestions with regard to any medical issue or the ingestion of marijuana/cannabis products for medicinal purposes.
15) Passenger understands that Tour Buds does not own, operate or supervise the cannabis businesses/tour sites.
16) If Passenger brings a lawsuit (whether in court or arbitration) against Tour Buds in contravention of this agreement, Passenger agrees to pay all fees (including court, arbitration, mediation, investigation, administrative and attorney) associated with Tour Buds’ defense of Passenger’s claim(s).
17) Passenger agrees to arbitrate all disputes with Tour Buds through the Ontario Court of Justice.
18) The parties certify that no other promises by Tour Buds, whether written or oral, shall be binding, other than those contained herein.
Without limitation, Tour Buds is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to: acts of God; force majeure; acts of government; acts of war or civil unrest, insurrection or revolt; strikes or other labor activities; criminal, terrorist or threatened terrorist activities of any kind; overbooking; structural or other defective conditions in houses, apartments, businesses, tour sites, or other lodgings (or in any heating, plumbing, electrical or structural problem therein); mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely; dangers of risks associated with cannabis use, intoxication, second-hand smoke or second-hand intoxication; dangers associated with or bites from animals, insects or pests; sanitation problems; food poisoning; epidemics, or the threat thereof; disease; lack of access to or quality of medical care; difficulty in evaluation in case of a medical or other emergency; or any negligent or willful act or failure to act of any third party, or for any other cause beyond the direct control of Tour Buds.
I agree to abide by all local laws. I understand that if I abuse or disobey such laws, even unintentionally, I waive my right to a refund of any part of the program price, and Tour Buds may send me home at my own expense. I also understand that should local authorities be involved, I will be subject to the local laws. All activities, lectures, classes, demonstrations at all stops, venues, businesses, or on the bus, are for instructional purposes only, and are not to be construed in any way as medical advice or an endorsement of the use of any cannabis or cannabis-related products. I recognize that Tour Buds does not endorse the use of cannabis in any way except as a medicine as prescribed by a licenced healthcare practitioner. I am aware of and have a good understanding of the current laws in Ontario. In the event that any cannabis products are made available for consumption, whether in exchange for money or free, these products are not for resale and have $0 value. In the event I consume any cannabis, cannabis-related products, or any other mind-altering substance whatsoever, I do so at my own risk, and I accept the full consequences and repercussions and all health and legal risks associated with doing so. I hereby unconditionally and unequivocally waive any and all claims and demands for all damages, losses, costs and expenses of any nature whatsoever (including attorneys’ fees) on account of or arising out of any and all personal injury, death, bodily injury, mental anguish, emotional distress, the use of cannabis or any other mind-altering substance, property or other damage that I may suffer from any cause whatsoever related in any way to my participation in any Tour Buds tour/event activities, including, but not limited to, those risks mentioned above.
I AGREE NOT TO SUE and I further agree TO INDEMNIFY AND SAVE HARMLESS the Releasees from all expenses, fees, liability or damage award or cost of any type whatsoever arising from my participation in these events or programs. I HAVE READ AND UNDERSTOOD THIS WAIVER, RELEASE AND INDEMNITY. I am aware that by signing this agreement I am waiving substantial legal rights (on my behalf and on behalf of my or the child/ward's heirs, executors, administrators and next of kin), including the giving up of my right to sue.
By purchasing (a) ticket(s) you confirm you have read and agree to our Terms & Conditions, Cancellation Policy, and you give your electronic signature on this Waiver of Liability.