~ Assumption of Risk, Release of Liability, and Waiver of Claims ~

I, in consideration for my participation in a sightseeing, food, and drink tasting tour organized by Portland Explorer Tourism, LLC, d/b/a Portland Explorer, a Maine company (“Portland Explorer”) and/or use of the property, facilities, and other services of Portland Explorer (collectively with the tour or activity, the “Services”), hereby enter into this Assumption of Risk, Release of Liability and Waiver of Claims (this “Release and Waiver”) and agree as follows:

I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Portland Explorer, or the employees, representatives, or agents of Portland Explorer.

I agree to conduct myself in a manner that does not endanger me or any other person.
I understand, acknowledge, and agree that Portland Explorer reserves the right to terminate the continued participation of any person, including myself, in the Services, if in the judgment of any employee, representative, or agent of Portland Explorer, such person’s behavior is causing a disturbance or hazard to themselves, any other person or Portland Explorer.

I understand that there is no obligation to purchase or consume anything, including alcoholic drinks, in connection with the Services and any decision to consume alcohol is solely at my own discretion.

I acknowledge that the Services are conducted, in part, at independent breweries and/or venues not owned or controlled by Portland Explorer (the “Independent Vendors”) and Portland Explorer cannot guarantee or ensure the performance of such Independent Vendors.

I hereby agree to save, defend, indemnify, hold harmless and reimburse Portland Explorer and any Independent Vendors and each of their partners, managers, officers, directors, employees, agents, successors and assigns (the “Indemnified Parties”) from and against any accident, personal injury, death, damage, liability, loss, theft, cost, expense or penalty (including costs of investigation and attorneys’ fees) (“Damages“) imposed upon or incurred by Portland Explorer, the Independent Vendors or any such person, occasioned or caused by, resulting from or arising out of my use of the Services or my breach of any of the terms and conditions set forth in this Release and Waiver.

I recognize that there are certain inherent risks associated with the Services, including without limitation food sickness, intoxication, allergies, health issues, theft of or damage to my property, transportation (both failure of transportation and injury during transportation due to any cause) and weather and any injuries, death or damages caused thereby.

I hereby assume full responsibility for any Damages and I hereby release and waive any and all claims whatsoever, on behalf of myself and my heirs, successors, assigns, spouse, family members, or legal representatives, for any such Damages, without regard to the cause of such Damages, including without limitation, the negligence of the Indemnified Parties.

I agree to pay for all damages to the facilities of ​Portland Explorer, the Independent Vendors, or other third parties caused by my actions.
I hereby grant to Portland Explorer a worldwide transferable irrevocable royalty-free license to use my likeness and/or photographs (film, digital, or video) of me for the limited purposes of promoting Portland Explorer and the Services and/or obtaining press coverage thereof.

I agree that if any portion of this Release and Waiver is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.

This Release and Waiver shall be governed by, and interpreted in accordance with, the internal laws of the State of Maine, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Maine.
I irrevocably agree that any legal action or proceeding arising out of or relating to this Release and Waiver or the Services brought by myself or my successors or assigns shall be brought and determined in any state or federal court sitting in Maine, and I hereby irrevocably submit to the exclusive jurisdiction of the aforesaid courts with regard to any such legal action or proceeding.