Wow Des Moines Tours Terms and Conditions
The Participant above (referred to as “I” or “me”), on behalf of myself and my children listed above, desires to participate in a tour (the “Tour”) provided by Wow! Des Moines Tours LLC (the “Company”). As lawful consideration for being permitted by the Company to participate in the Tour, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
The Tour may involve transportation provided by the Company, walking to destinations on the Tour, the consumption of food and/or beverages, and other activities. I am aware and understand that the Tour is potentially dangerous and involves the risk of serious injury and/or death and/or property damage. I acknowledge that any injuries that I sustain may be compounded by negligent emergency response or rescue operations. I acknowledge that I am voluntarily participating in the Tour with knowledge of the potential danger involved and hereby agree to accept and assume any and all risks of injury, death, or property damage, whether caused by the negligence of the Company or otherwise. By participating in the Tour, I represent that I, and my children listed above (as applicable), am physically capable of participating in the Tour.
If my children are participating in the Tour, I acknowledge that I am responsible for providing direct supervision and assistance to my children during the Tour. I understand that my children’s participation is expressly conditioned upon my representations herein.
I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, contractors, employees, affiliates, shareholders, successors, and assigns (collectively, “Releasees”), arising out of or attributable to the Tour, whether arising out of the negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
This Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is cumulative and does not limit any defenses that the Company and Releasees may have at law or in equity. This Agreement is binding on and shall inure to the benefit of the Company, the Releasees and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Polk County, Iowa and I hereby consent to the exclusive jurisdiction of such courts.
BY AGREEING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY ON BEHALF OF MYSELF AND ANY MINOR CHILDREN LISTED ABOVE.