Booking Terms

Please read this agreement carefully.

Epic Walking Tours (EWT) operates and conducts walking tours. By accessing, participating in or using EWT, you agree to be bound, for yourself and for any third person(s) whose participation in EPWT your entry into this Agreement enables by this agreement (the “Agreement”).

1. Assumption of Risk. You agree that you know and understand the scope, nature and extent of the risks involved in participating in EWT, as the activities in such walks are described on EWT, and that some dangers cannot be foreseen. You understand these risks include, but are not limited to: defects in the streets and sidewalks; proximity to vehicle and other traffic; poor lighting; carelessness or negligence of EWT tour leaders or other participants in EWT; negligent instruction or supervision. YOU VOLUNTARILY, FREELY, AND EXPRESSLY CHOOSE TO INCUR ALL RISKS ASSOCIATED WITH EWT, understanding that those risks may include bodily and personal injury, damage to property, disfigurement or death.
2. Release of Liability. You HEREBY RELEASE AND DISCHARGE EWT, and its tour guides, officers, directors, affiliates, subcontractors, sponsors, partners, agents and employees (collectively, “Releasees”), from any and all liability, claims, demands, expenses, or causes of action whatsoever arising out of any damage, loss or injury to you or your property, or your death, while participating in any EWT services or other activities covered by this agreement, whether resulting from the negligence or other fault, either active or passive, of any of the Releasees, or from any other cause. You specifically waive any unenforceability or public policy argument that you could make or could be made on behalf of your estate or by anyone who would sue the Releasees as a result of your participation in the activities covered by this Agreement.
3. Agreement not to Sue. You agree that neither you nor your heirs, executors, administrators, personal representatives, or anyone else claiming on your behalf, shall ever institute any lawsuit or cause of action against any of the Releasees, or initiate or assist in the prosecution of any claim for damages against the Releasees which you may have by reason of injury to your person or property, or your death, arising from the activities covered by this Agreement, whether caused by the negligence or fault, active or passive, of any of the Releasees, or from any other cause. You hereby so instruct your heirs, executors, administrators, personal representatives, or anyone else claiming on your behalf. Should any such lawsuit or cause of action be instituted against any of the Releasees, you agree that such Releasees shall be entitled to recover from you attorney’s fees and costs incurred in the defense of such lawsuit or cause of action, including any arising therefrom.
4. Indemnity Against Third Party Claims. You agree to INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS the Releasees from any and all losses, claims, damages, expenses, actions, or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiated by any other person or organization and which arise directly or indirectly from (i) your participation in EWT, whether resulting from the negligence or other fault, either active or passive, of any of the Releasees, or from any other cause or (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement. EWT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and/or defense by you, in which event you agree to cooperate with EWT in asserting any available defenses.