Voluntary Facility Tour and Tasting
THIS ACKNOWLEDGEMENT OF RISK, WAIVER OF LIABILITY, AND RELEASE (the “Release) is executed in favor of McCormick Distilling Company, its directors, officers, employees, and agents (collectively “McCormick”) and each individual Visitor identified below, in consideration for Visitor’s participation in McCormick's facility tour and product tasting.
1. Acknowledgment of Risk. Visitor has been informed that McCormick provides a voluntary tour of McCormick's premises, including its facilities and the terrain connecting those facilities. The tour requires physical activity and contains uneven ground, stairs, vehicle transportation, and may include areas of crowding. At the conclusion of the tour, a voluntary tasting of McCormick's products is provided. Participation in the tour and/or tasting may result in:
By signing this Release, Visitor hereby declares that Visitor willingly assumes these and any other risks that may be associated with the tour and tasting, and Visitor proceeds voluntarily and of Visitor's own free will.
2. Photography in Still Area. Photography in the Still area is strictly prohibited as photography may present a risk of fire.
3. Release and Waiver of Liability. Visitor does hereby release, forever discharge, and hold harmless McCormick 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 Visitor’s participation in the tour and tasting or from entering and/or remaining on McCormick’s premises. Visitor understands that this Release discharges McCormick from any liability or claim that Visitor may have against McCormick with respect to any bodily injury, personal injury, illness, death, or property damage that may result from Visitor’s participation in the tour and tasting, whether caused by the negligence of McCormick.
4. Medical Treatment. Visitor does hereby release and forever discharge McCormick from any claim whatsoever which arises or may hereafter arise on account of any first aid, treatment, or service rendered to Visitor in connection with his/her participation in the McCormick Distillery tour and tasting.
5. Severability. If any portion of this Release is found to be invalid or unenforceable, the parties agree that such invalidity or unenforceability shall in no way affect the validity or enforceability of any other portion of it.
6. Applicable Law; Venue. This Release shall be governed by the laws of the State of Missouri, without regard to conflict of laws analysis. The exclusive venue for the pursuit of any legal proceeding or remedy arising out of this Release shall be in Platte County, Missouri.
7. Photography Release. Visitor acknowledges that McCormick may make photographs, videos or other recordings of Visitor (“Images”) while on the tour. By checking the consent box beside Visitor’s name, Visitor grants McCormick the absolute and irrevocable right to use, re-use, alter, publish or re-publish such images in any medium and for any legal purpose, including (but not limited to) marketing, advertising and promotion of McCormick and its products. Visitor likewise releases McCormick, its employees and agents, from any claims arising out of or in connection with the use of such images, and agrees that McCormick exclusively owns all rights to such images, irrespective of the form in which they are used and produced.
IN WITNESS WHEREOF, Visitor freely and voluntarily signs this Release, with the intent to be bound by its terms.
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Document Name: Voluntary Facility Tour and Tasting
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