WAIVER AND RELEASE OF CLAIMS
By virtue of purchasing tickets  for and/or participating in the food tasting and cultural walking tours offered by Jupiter Riverwalk Food Tour, (the “Company”)  and in consideration  of being allowed to purchase said tickets and for other good and valuable consideration , the receipt and sufficiency  of which is acknowledged, said purchaser/tour participant (the “Participant”)  understands and acknowledges represents, warrants and agrees as follows, with the knowledge that the Company  will reply on same:
1.    Participant desires  to participate  in the food tasting and cultural walking tours  offered by the Company (the Tours)
2.    Participant is in good health  and suffers  from no minor or serious physical  or mental injury, illness or disability  that would make  Participant especially susceptible  to injury or disability while performing any activity contemplating  by this Waiver and Release of Claims.
3.    Participant fully  comprehends  and accepts  all of the risks associated  with his/her participation  in the Tours, including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without  limitation , those arising  out of self-inflicted  accidents or mishaps, other participants, automobiles, pedestrians and like) and death.
4.    Participant grants to Company  and Company’s assigns  the irrevocable, sub-licensable right  and authority  to use Participant’s name, likeness, photograph and/or picture  for any  and all commercial  or non-commercial purposes now known  or later developed  in perpetuity throughout the universe  without further obligation  or compensation to the Participant
PARTICIPANT’S PARTICIPATION IN THE TOURS IS AT PARTICIPANT’S OWN SOLE RISK, PARTICIPANT , ON BEHALF  OF HIS/HERSELF AND/OR ANY PERSON  OR ENTITY ACTING THROUGH  OR ON BEHALF OF PARTICIPANT ,HEREBY FOREVER AND UNCONDITIONALLY RELEASES THE COMPANY, AND ANY AFFILIATED  ENTENTIES, PARENT COMPANIES, SUBSIDIARIES, PRESENT  AND FORMER EMPLOYEES, OWNERS, OFFICERS, MEMBERS, MANAGERS,  PARTNERS, CONTRACTORS, INSURERS, (INCLUDING WITHOUT LIMITATION TO FRANKYBILL, LLC, JUPITER RIVERWALKFOODTOURS)  (COLLECTIVELY “RELEASED PARTIES”  ) , FROM ANY AND ALL CLAIMS,ACTIONS, DAMAGES, LIABILITY LOSSES, COSTS AND EXPENSES  IN ANYWAY  ARISING OUT OF  OR RESULTING FROM, PARTICIPANTS PARTICIPATION  IN THE TOURS, INCLUDING  WITHOUT LIMITATION AND ALL CLAIMS , ACTIONS, LIABILITIES FOR DEATH, INJURY,LOSS OR DAMAGE TO PARTICIPANT  TO ANY ONE 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 , YOU ON BEHALF OF YOURSELF AND/OR ANY PERSON OR ENTITY ACTING THROUGH  ON OR YOUR BEHALF ,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, ATTORNEY’S FEES) AND LOSSES  OF ANY KIND  OR NATURE WHATSOEVER  IN ANY WAY  ARISING OUT OF  OR RESULTING FROM PARTICIPANT’S PARICIPATION IN THE TOURS.

This Waiver and Release  of Claims constitutes the entire agreement and understanding between Participant and Released Parties, and cancels, terminates, supersedes, any prior agreement or understanding relating to the subject matter hereof. There are no representations, promises,  agreements, warranties, covenants, or undertakings  other than those contained in this Waiver and Release of Claims.

None of the provisions of this Waiver and Release of Claims  can be waived or modified except expressly in writing by the Participant and the party  against whom  the waiver  or modification  is sought  to be enforced. Failure of any of the Released parties to enforce any of their rights hereunder  at any time shall not act as a waiver to enforce their rights under this Waiver and Release for the same  or similar acts at any subsequent time