WAIVER AND RELEASE OF LIABILITY

Winter Haven Food Tours LLC

This Waiver and Release of Liability (the “Agreement”) is entered into in consideration of the opportunity to participate in tours, tastings, walks, demonstrations, and other events offered by Winter Haven Food Tours LLC (the “Company”). The undersigned participant, on behalf of the participant and, when applicable, the participant’s minor child or other members of the participant’s party (individually and collectively, the “Participant”), acknowledges, represents, warrants, and agrees as follows:

1. Voluntary Participation

Participation in any event offered by the Company (an “Event”) is voluntary. Participant represents that Participant is in sufficient physical and mental condition to take part in the selected Event and is not aware of any condition that would create an unreasonable risk of harm to Participant or others. Participant is responsible for deciding whether the Event is appropriate in light of Participant’s health, mobility, allergies, dietary needs, and other circumstances.

2. Description of Events and Assumption of Risk

Events may include approximately one mile of walking at a leisurely pace over approximately two and one-half (2½) to three (3) hours, restaurant visits, food and beverage tastings, seated stops, outdoor exposure, street crossings, and interaction with public spaces and third-party establishments. Specialty and private Events may use a different route or duration agreed upon in advance.

Participant understands that participation may involve known and unknown risks, including falls, uneven or wet surfaces, traffic, weather, crowds, food allergies, foodborne illness, choking, alcohol consumption, acts or omissions of third parties, and loss of or damage to personal property. To the fullest extent permitted by law, Participant knowingly and voluntarily assumes all risks arising from or related to participation in an Event.

3. Release of Claims

To the fullest extent permitted by law, Participant releases and discharges the Company and its owners, members, managers, officers, employees, contractors, guides, agents, successors, insurers, and assigns (collectively, the “Released Parties”) from claims, actions, damages, liabilities, losses, costs, and expenses arising from or related to Participant’s participation in an Event, including claims relating to food or beverage allergies, foodborne illness, choking, adverse weather, transportation or commuting, theft of or damage to property, and Participant’s own acts or omissions, except to the extent a claim cannot lawfully be released.

4. Medical Expenses and Emergency Assistance

Participant accepts financial responsibility for medical expenses or treatment resulting from participation in an Event. Participant authorizes the Company to seek or facilitate emergency medical assistance when the Company reasonably believes it is necessary. This authorization does not create a duty for the Company to provide medical treatment or guarantee the availability or adequacy of emergency services. To the fullest extent permitted by law, Participant releases the Released Parties from claims arising from good-faith efforts to obtain emergency assistance.

5. Responsibility for Conduct and Indemnification

Participant is responsible for Participant’s conduct and agrees to pay reasonable costs arising from damage or injury caused by Participant to another person or to property. To the fullest extent permitted by law, Participant agrees to indemnify and hold the Released Parties harmless from third-party claims, damages, liabilities, costs, and reasonable attorneys’ fees arising from Participant’s negligent, reckless, unlawful, or intentionally harmful conduct.

6. Cancellation, Rescheduling, No-Shows, and Force Majeure

For purposes of this Section, all cancellation and rescheduling deadlines are measured from the Event’s scheduled starting time.

(a) Public Events and Groups of Fewer Than Ten Participants. If a Participant cancels at least seven (7) calendar days before the Event, the Company shall refund the amount paid for the affected ticket. If a Participant cancels at least seventy-two (72) hours but fewer than seven (7) calendar days before the Event, the Company shall refund fifty percent (50%) of the amount paid for the affected ticket. A cancellation received fewer than seventy-two (72) hours before the Event is nonrefundable. A Participant may request rescheduling at least seventy-two (72) hours before the Event, but rescheduling is subject to availability and written approval by the Company and is not guaranteed.

(b) Private Groups of Ten to Twenty-Five Participants. A nonrefundable deposit equal to twenty-five percent (25%) of the total estimated Event price is required to reserve a private-group date. The final Participant count and remaining balance are due fourteen (14) calendar days before the Event. If the private group cancels at least fourteen (14) calendar days before the Event, the Company shall refund all payments other than the nonrefundable deposit. If the private group cancels fewer than fourteen (14) calendar days before the Event, all payments are nonrefundable.

(c) No-Shows. A Participant or private group that fails to attend and does not contact the Company before the Event’s scheduled starting time is considered a no-show. A no-show is not entitled to a refund, rescheduled date, credit, or other reimbursement.

(d) Weather, Safety, and Changes. Events generally operate rain or shine. The Company may reasonably modify an Event’s route, schedule, stops, duration, or included offerings because of weather, safety concerns, restaurant availability, or circumstances beyond the Company’s reasonable control.

(e) Cancellation by the Company. The Company may cancel an Event because of extreme weather, natural disasters, acts of government, civil disturbances, public-safety concerns, restaurant closures, or another circumstance that makes the Event unsafe or impracticable. If the Company cancels an Event before it begins, the Company shall refund all amounts paid for the affected ticket or private-group booking, including any deposit, within thirty (30) days. The Company shall also offer affected Participants an opportunity to reserve another available date.

(f) Removal After an Event Begins. The Company may remove a Participant or end that Participant’s participation when the Company reasonably believes the Participant presents a danger to Participant, other guests, Company representatives, restaurant personnel, or members of the public. A Participant removed because of unsafe, disruptive, intoxicated, unlawful, or otherwise inappropriate conduct is not entitled to a refund, credit, or reimbursement.

7. Promotional Release

Participant grants the Company a worldwide, royalty-free license to use photographs, video recordings, audio recordings, or digital images of Participant captured during or in reasonable connection with an Event for the Company’s promotional, educational, editorial, or commercial purposes. A Participant who does not wish to be photographed or recorded must notify the Company in writing before the Event begins.

8. Consumption of Alcohol

Only Participants who are at least twenty-one (21) years old and present valid government-issued photo identification may consume alcohol during designated portions of an Event. Alcohol consumption is voluntary and undertaken at Participant’s sole discretion and risk. The Company may refuse alcohol service or remove a Participant who appears intoxicated, behaves disruptively, or may endanger any person. Removal under this Section does not entitle Participant to a refund, credit, or reimbursement. Participant is responsible for arranging safe transportation and complying with all applicable laws.

9. Modification

This Agreement may be modified only by a written instrument signed by an authorized representative of the Company and the affected Participant.

10. Entire Agreement

This Agreement constitutes the entire agreement between Participant and the Company concerning the subject matter addressed herein and supersedes prior or contemporaneous representations, promises, or understandings concerning that subject matter. Booking confirmations and written Event-specific terms provided by the Company remain applicable to the extent they do not conflict with this Agreement.

11. Severability

If any provision of this Agreement is held invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

12. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute arising from or relating to this Agreement or an Event shall be submitted to binding arbitration in Polk County, Florida, in accordance with the applicable rules of the American Arbitration Association, except where applicable law prohibits mandatory arbitration. Judgment on an arbitration award may be entered in any court of competent jurisdiction.

13. Binding Effect and Acknowledgment

This Agreement binds Participant and Participant’s heirs, estate, personal representatives, beneficiaries, successors, and assigns. Participant acknowledges having carefully read and understood this Agreement, having had the opportunity to ask questions and consult an attorney, and voluntarily agreeing to its terms, including the release of substantial legal rights. If Participant is younger than eighteen (18), a parent or legal guardian must sign on Participant’s behalf.