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Roam & Gather Liability Release

As a requirement of participating in Angela Harris SP d/b/a Roam & Gather’s (“Roam & Gather”) curated tours and travel experiences (“Services” or “Tours”), and in consideration for my being allowed to participate in the Services or Tours, the receipt and sufficiency of which is hereby acknowledge, I, and if I am not yet 18 years old, my parent or legal guardian agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”) with knowledge that Roam & Gather will rely on the same.

Voluntary Participation. I understand and confirm that my participation in the Tours or Services is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Tours or Services.

Comprehension of Risk. I fully comprehend and accept all risks associated with my participation in the Tours or Services including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the Tours and Services take place in public venues under conditions largely beyond Roam & Gather’s control. I further acknowledge that the degree and nature of personal risk involved depends on the Services booked and the location(s) in which a Service operates, and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure.

Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Tours or Services. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tours and Services.

Release of Liability; Limitation of Damages. I hereby forever and unconditionally release Roam & Gather and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Tours and Services, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Roam & Gather’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Tour(s) be greater than the amount of the Tour. In no event shall Roam & Gather be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Roam & Gather has been informed of the possibility thereof,

Indemnification. I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Tours or Services.

Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Roam & Gather, its successors, and assigns.

Consent to Medical Treatment. I authorize Roam & Gather, to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Roam & Gather to provide such assistance, transportation, or services.

Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.

Governing Law. This Waiver shall be governed in all respects by the laws of the State of Illinois without regard to conflict of law principles.

Promotional Release. I hereby grant to Roam & Gather, the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Tours or Services, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). Roam & Gather, has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogues, brochures, books, magazines, social media or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that Roam & Gather shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to Roam & Gather an irrevocable, royalty-free, worldwide license to use my name, age, and likeness in connection with the Material and the Works.

THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE TOUR AND SERVICES, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY. PARTICIPATION IN THE TOURS AND SERVICES BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.

I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims.

First Name

Last Name

Today's Date

Signature