Read Carefully – This Affects Your Legal Rights.

 

By purchasing a ticket, reserving a spot, or participating in any event or activity organized by Chinatown Legacy Tours (the “Tour”), you (the “Participant”) acknowledge and agree to the following terms of this Liability Waiver and Release Agreement. This Agreement releases Chinatown Legacy Tours, LLC, its owners, officers, employees, agents, and affiliates (collectively, the “Company”) from liability and outlines your responsibilities as a participant.

 

1. Voluntary Participation
I, the undersigned, affirm that:

1. I am voluntarily participating in the Tour and understand that I may withdraw at any time before or during the activity without a refund, except as provided in the event of a cancellation by the Company.

2. I am in good health and physically capable of walking the Tour’s route, which may include uneven, narrow, or slippery surfaces, climbing stairs, and crossing streets.

3. I am free from any condition or limitation that may impair my ability to safely participate in the Tour.

4. I have not relied on any representations or information outside of this Agreement when deciding to participate in 
   the Tour.

 

2. Assumption of Risks
I acknowledge that participating in the Tour involves inherent risks, including but not limited to:

1. Physical Risks: Risks related to walking on uneven, narrow, or slippery surfaces, climbing stairs, crossing streets, and navigating crowded public spaces.

2. Environmental Risks: Exposure to changing weather conditions, traffic, and other urban hazards.

3. Unforeseen Risks: Accidents, injuries, illnesses, or other incidents that may occur due to third-party actions, natural causes, or other external factors.

 

I understand that these risks may result in injury, illness, property damage, or death. I voluntarily assume all risks, including those arising from the Company’s negligence, except in cases of gross negligence or willful misconduct.

 

3. Release of Liability
In consideration for being allowed to participate in the Tour, I, on behalf of myself, my heirs, next of kin, executors, administrators, and assigns, hereby:

1. Release and discharge the Company from all liability for personal injury, death, property damage, or other losses arising from my participation in the Tour, except in cases of gross negligence or willful misconduct.

2. Waive my right to file any claims or lawsuits against the Company for any cause of action, including ordinary negligence, arising from the Tour.

 

This release applies to all claims arising directly or indirectly from the Tour and is intended to be as broad as permitted by New York law.

 

4. Group Waiver Acknowledgment
If I am purchasing tickets or making a reservation on behalf of a group, I confirm that:

1. I am authorized to act on behalf of all participants in my group.

2. I have provided all participants in my group with a copy of this Waiver and Release of Liability.

3. All participants in my group have read, understood, and agreed to the terms of this Waiver and Release of Liability.

4. By purchasing tickets or making a reservation, I am binding all participants in my group to the terms of this Waiver and Release of Liability as if they had signed it themselves.

5. I agree to indemnify and hold harmless Chinatown Legacy Tours from any claims, liabilities, or damages arising from any participant in my group who claims they did not agree to this waiver or were not made aware of its terms.

 

I further agree that if I or any participant in my group violates this agreement and attempts to bring suit against any of the parties named herein, I will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.
 

I acknowledge that I and all participants in my group can fully participate in this activity. We are fully aware of the risks and hazards connected with the activity, including but not limited to the risks as noted herein, and we voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me or any participant in my group, or any loss or damage to property owned by me or any participant in my group, as a result of being engaged in such an activity.
 

I am aware that the tour, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include: physical exertion for which I or any participant in my group may not be prepared, and weather extremes subject to sudden and unexpected change. I accept all the inherent risks of the proposed tour and the possibility of personal injury, death, or property damage or loss resulting therefrom.
 

I acknowledge that the enjoyment and excitement of the proposed form of the tour are derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for my participation and the participation of all members of my group.
 

I agree that if I or any participant in my group suffers injury or illness, Chinatown Legacy Tours or its staff can, at my cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for my health and safety. I understand that Chinatown Legacy Tours will not be responsible for any medical costs associated with an injury I or any participant in my group may sustain. I also understand that I and all participants in my group are responsible for any damage we cause to the employees or property of Chinatown Legacy Tours.
 

Further, I agree that at all times during the tour, I and all participants in my group will abide by and comply with any additional instructions given by the tour guide or any other Chinatown Legacy Tours staff, and I accept that non-compliance may result in injury, death, or permanent disability. I understand that non-compliance may result in my removal or the removal of any participant in my group from the tour.
 

As a participant on the tour, I accept full responsibility for my behavior, well-being, and health throughout the tour, which may involve a variety of activities, unfamiliar locations, and modes of travel. I agree to hold neither Chinatown Legacy Tours nor its staff liable in any way should any harm come to me or any participant in my group. I further hereby agree to indemnify and hold harmless the releases from any loss, liability, damage, or costs, including court costs and attorney’s fees, that may incur due to my participation or the participation of any member of my group in said activity, whether caused by the negligence of Chinatown Legacy Tours or otherwise.
 

In agreeing to this Waiver and Release, I am not relying on any oral, written, or visual representations or statements by Chinatown Legacy Tours or its staff or any other inducement or coercion to go on the tour. I confirm that, by my own free will, I have read and understood the Terms and Conditions of this walking tour and Waiver and Release and agree that this Waiver and Release will be binding upon my heirs, next of kin, executors, administrators, and successors.
 

I agree to grant the sponsors of this tour a worldwide, royalty-free license to use my photographic, video, or digital likeness solely for promotional, educational, and/or commercial purposes.

 

5. Indemnification
I agree to indemnify, defend, and hold harmless the Company from any claims, damages, losses, or expenses (including attorney’s fees) arising from:

1. My actions or omissions during the Tour that cause harm to myself, others, or property.

2. My failure to comply with this Agreement or any instructions provided by the Company or its representatives.

 

This indemnification obligation survives the conclusion of the Tour.

 

6. Medical Treatment

1. I consent to receive emergency medical care if needed during the Tour, as deemed necessary by the Company or its representatives.

2. I acknowledge that I am solely responsible for any medical costs related to injuries or illnesses incurred during the Tour.

3. I affirm that I have disclosed any medical conditions, allergies, or physical limitations that could affect my ability to safely participate in the Tour.

 

7. Behavioral Expectations
I agree to:

1. Follow all instructions provided by the Company and its representatives during the Tour.

2. Comply with all applicable laws, public safety rules, and behavioral guidelines.

3. Refrain from engaging in behaviors that endanger myself, other participants, or public safety, including but not limited to reckless conduct, intoxication, or refusing to follow safety instructions.

 

The Company reserves the right to remove any participant from the Tour without refund for non-compliance, disruptive behavior, or safety concerns.

 

8. Personal Belongings
I acknowledge that:

1. I am solely responsible for the security of my personal belongings during the Tour.

2. The Company is not responsible for any loss, theft, or damage to my property during the Tour.

 

9. Photography and Media Release
I grant the Company a perpetual, worldwide, royalty-free license to use photographs, videos, or other media that include my likeness, taken during the Tour, for promotional, commercial, or other lawful purposes.

• Opt-Out Clause: If I do not wish to be included in photographs or videos, I will notify the Tour guide in writing before the Tour begins.

 

10. Communicable Diseases and Public Health Risks

1. I acknowledge that participation in a group activity may expose me to communicable diseases, including COVID-19.

2. I voluntarily assume all risks related to exposure to such diseases and agree to comply with any public health measures implemented during the Tour.

3. I release the Company from any claims related to illness or infection resulting from participation, except in cases of gross negligence or willful misconduct.

 

11. Dispute Resolution and Governing Law

1. Any disputes arising out of or related to this Agreement shall be resolved exclusively in the courts of the State of New York, located in New York County.

2. This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

 

12. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

 

13. Entire Agreement
This Agreement constitutes the entire understanding between the Participant and the Company concerning the Tour and supersedes all prior agreements, whether written or oral.

 

14. Acknowledgment and Agreement
By purchasing a ticket, reserving a spot, or participating in any event or activity organized by Chinatown Legacy Tours, I acknowledge that:

1. I have read and fully understood the terms and conditions outlined in Sections 1–15 of this Liability Waiver and Release Agreement.

2. I voluntarily agree to its terms and acknowledge that I am waiving certain legal rights.

3. This Agreement is binding upon me, my heirs, next of kin, executors, administrators, and assigns.

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15. Food Tour Specific Risks and Disclosures
The following section applies specifically to participants in Food Tour activities organized by the Company. These terms are in addition to, and not in place of, the general waiver terms outlined above.

 

15.1 Explicit Warning of High-Risk Foods
Participants understand and voluntarily accept that Food Tour activities may involve exposure to:

• Raw or undercooked meats, seafood, eggs, or dairy products

• Unpasteurized food or beverage products

• Exotic ingredients with unknown allergenic potential

• Street food prepared under varying sanitary conditions

• Regional dishes containing uncommon allergens (e.g., durian, bitter melon, exotic spices)

 

Despite the risks of severe allergic reactions, foodborne illness, or other health hazards, the Participant voluntarily assumes these heightened risks.

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15.2 Assumption of Food-Related Risks
Participants acknowledge and accept that:

• Food vendors may act negligently or fail to comply with health standards

• Allergic reactions, including first-time or unknown allergies, may occur

• Foodborne illnesses can arise even when vendors comply with applicable regulations

• The Company is not liable for injuries or illnesses resulting from ordinary negligence, but this waiver does not release claims of gross negligence or willful misconduct

 

15.3 Participant Obligations
Participants agree that they:

• Have disclosed any known allergies or medical conditions in writing before participating

• Carry any necessary medications (e.g., EpiPen, inhalers) and know how to self-administer

• Will immediately notify Company representatives if experiencing signs of distress

• Accept full responsibility for any undisclosed medical conditions or allergies
   

15.4 Medical Authorization for Food Tour Participants
In the event of incapacitation or medical emergency during the Food Tour, the Participant authorizes the Company and its representatives to:

• Obtain emergency transport and/or medical treatment

• Share relevant medical information with healthcare providers

• Act as a limited healthcare agent for urgent decisions Participants accept financial responsibility for all resulting medical care and release the Company from liability related to the choice of emergency services or treatment providers
   

15.5 Specific Risk Acknowledgment
Participants acknowledge and voluntarily accept:

• Risk of allergic reactions, including life-threatening anaphylaxis

• Risk of foodborne illnesses (e.g., salmonella, E. coli, norovirus)

• Risk of exposure to improperly labeled or cross-contaminated foods

• Risk of injury during travel between tasting locations

• Risk of delays in emergency medical response due to location or traffic

• Risk of unknown health conditions aggravated by food consumption or physical activity

• Risk of miscommunication or language barriers with third-party vendors
   

Additional Public Health Risks: The Participant acknowledges that general communicable disease risks, as described in Section 10 above, also apply during Food Tours, including but not limited to exposure in vendor establishments, public spaces, and group settings.
 

By participating in any Food Tour activity, the Participant agrees to the additional terms outlined in this Section 15.​