SIPS CAPE COD, SIPPING SAFARIS LLC
Passenger Release of Liability Waiver, Photo Release, Behavior Agreement,
Errors and Omissions Disclaimer, Assumption of Risk, and Indemnity Agreement.
IN CONSIDERATION of being permitted to participate in a tour conducted by SIPS CAPE COD /SIPPING SAFARIS LLC (“Activity”) I, for myself, my spouse, my personal representatives, assigns, heirs, and next of kin:
ACKNOWLEDGE, agree, and represent that I understand the nature of Alcohol Consumption Activities (defined as any activity in which an individual tastes, consumes, or buys alcohol while on a tour) and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I affirm that I am at least 21 years of age and of sound and sober mind and capable of making this Release. Further, I agree that I understand all the language in this document and what I am doing and agreeing not to do. If I did not fully understand what this document means, I would not agree to this document or use the services provided by SIPS Cape Cod/ Sipping Safaris LLC until I had been advised regarding it by my own attorney. I further agree and warrant that if, at any time, I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
I hereby grant Sips Cape Cod/ Sipping Safaris LLC permission to use, for promotional purposes, photographs or videos taken during my trip. I HEREBY GRANT PERMISSION FOR MY PICTURE TO BE USED BY SIPS CAPE COD, SIPPING SAFARIS LLC, partners of Sips CAPE COD/SIPPING SAFARIS LLC, and/or the media for uses included but not limited to programming, news, social media, promotional purposes, all media in all forms present and future in perpetuity. This is a complete release to SIPS CAPE COD/SIPPING SAFARIS LLC of all claims, whether legal or equitable or in connection with said photos and media.
1. I FULLY UNDERSTAND that: (a) ALCOHOL CONSUMPTION ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by factors including, but not limited to: my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation.
2. I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO HOLD SIPS CAPE COD/SIPPING SAFARIS LLC, its officers, directors and members, SIPS CAPE COD/SIPPING SAFARIS LLC sponsors, SIPS CAPE COD/SIPPING SAFARIS LLC administrators, agents, officers, members, volunteers, contractors and employees, other participants, any sponsors, advertisers, affiliates and, if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the “RELEASEES” herein), FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF INJURY TO MYSELF, MY PROPERTY, OTHERS, OR OTHERS' PROPERTY, EVEN INJURY RESULTING IN DEATH, WHETHER CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, INCLUDING NEGLIGENT RESCUE OPERATIONS, OF THE RELEASEES OR OTHERWISE WHILE I AM PARTICIPATING IN THE ACTIVITY.
3. I AGREE that if, despite this Passenger Release of Liability Waiver, Photo Release, Behavior Agreement, Errors and Omissions Disclaimer, Assumption of Risk, and Indemnity Agreement I, anyone on my behalf, or anyone harmed by my actions makes a claim against any of the RELEASEES I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
4. I ACKNOWLEDGE AND UNDERSTAND DRINKING AND DRIVING IS DANGEROUS to my safety and the safety of others. I further acknowledge that, if necessary, I will take advantage of SIPS CAPE COD/ SIPPING SAFARIS LLC service to provide transportation to and from designated areas of pick up or arrange for my own transportation at my own costs and risk to my ultimate destination. I FULLY ACCEPT AND ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY INJURY I incur or cause to occur to others or properties as a result of my failure to take precaution while operating a vehicle after participating in the Activity.
5. I ACKNOWLEDGE AND UNDERSTAND that I am voluntarily participating in the activities included on this tour entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in the activity, which may include, but not limited to, Physical or Psychological Injury, Pain, Suffering, Illness, Disfigurement, Temporary or Permanent Disability (Including Paralysis) Economic or Emotional Loss or Death. I understand that these injuries or outcomes may arise out from my own or others’ negligence, conditions related to travel, or the condition of the activity, or the conditions of the locations visited. I assume all related risks, both known or unknown to me, of my participation in this activity including travel to and from and during activity. I assume all risks associated with my use of Sips Cape Cod/ Sipping Safaris LLC, as well as all risk of loss, theft or damage of personal property while using or present on a Sips Cape Cod/ Sipping Safaris LLC tour or event or at the establishments/locations where the tour may visit or at any other time and any other location before, during and after the tour. I will not bring any action against Sips Cape Cod / Sipping Safaris LLC, it’s releases, it’s employees, successors and/or assigns, for personal injury, property loss, or property damage, including any action for negligence, breach of warranty, products liability or strict liability, and hereby forever waive, on my own behalf and on behalf of my successors and/or assigns, the right to bring such action.
6. I AGREE AND ACKNOWLEDGE that SIPS CAPE COD/SIPPING SAFARIS LLC HAS THE RIGHT TO REMOVE ME FROM THE TOUR and prevent my further participation in the activities, if my conduct is disorderly or interferes with others' enjoyment of tour activities. All incurred cost for private transportation is my responsibility and will be charged to credit card on file. Police may be notified at the determination of SIPS CAPE COD/SIPPING SAFARIS LLC if safety to others and myself is in jeopardy. Sips Cape Cod/ Sipping Safaris LLC will not provide, distribute, or sell any alcohol before, during, or after the tour. Massachusetts and Local open container regulations must be followed in the city or town traveled. Any person arriving to the tour in an intoxicated condition shall not be permitted on a Sips Cape Cod/ Sipping Safaris LLC tour or event.
Sips Cape Cod /Sipping Safaris LLC tour guides and drivers are responsible for Sips Cape Cod/ Sipping Safaris LLC and his/her decisions are final. All local, state and federal laws and rules regarding alcohol and behavior apply to all passengers before, during and after the Sips Cape Cod/ Sipping Safaris LLC tour.
Inappropriate behavior will result in the offending passenger(s) being asked to disembark immediately. No refund will be issued to passengers(s) asked to disembark. Inappropriate behavior includes, but is not limited to: • Extreme intoxication • Foul Language or Gestures • Public urination /vomiting • Excessive noise/screaming. Any transgressions of the above restrictions may result in the driver/guide ending the tour immediately and causing a minimum $300 Late/Damage/Violation Fee to be charged to the INDIVIDUAL’S or ORGANIZER’S credit card. No refund will be issued for tours ended early due to passenger behavior. A $100 “Abandonment” fee will be charged to each rider of a tour not returning to the starting point without guide’s permission. No “pre gaming” if you are intoxicated prior to boarding the bus. YOU WILL NOT BE ALLOWED TO BOARD THE BUS and no refund of purchased ticket will be issued. If you over enjoy and GET SICK ON THE BUS, there will be a $250.00 clean up fee charged to the individual’s credit card on file. Please clean up after yourself, often there is another tour after yours and they deserve and appreciate a clean bus as well! NO PUBLIC URINATION! This will get you ejected from the tour and a $250.00 clean up fee will be charged to the individual’s credit card on file.
7. Bring a state approved I.D. You will be carded. Must be 21 years of age and in good physical health to participate in tour activities. Proper footwear sun protection and dress for climate is strongly recommended on our tours- please plan accordingly. No “pre-gaming” if you are intoxicated prior to boarding the bus. YOU WILL NOT BE ALLOWED TO BOARD THE BUS. To go purchases may not be opened and consumed at the establishments or on the bus. If our group exceeds the legal capacity of the establishments, there will be a delay in our entry to the establishments. Drinks, locations and menus may change without notice. Times of tours are approximate and there may be delays in time of tour start and end times due to high traffic and high volume of service at locations.
Social Media Disclaimer
We welcome and encourage open discussion on Sips Cape Cod social media sites- including but not limited to our blogs, Facebook, Instagram, YouTube pages, and online story sharing forums- and look forward to any comments, stories and experiences you want to share.
Acceptance of Terms
Terms and Conditions
·Must be 21 years of age to participate, view, post, on all of our social media sites.
·Do not violate another's copyright or intellectual property.
·Do not be disruptive with posts that are excessively repetitive.
·Do not post any proprietary, confidential, sensitive, or nonpublic information.
·Do not post links that contain any kind of virus, spyware, or malware.
·Do not participate in any activity that would embarrass your parents or children Do not purport to act as a representative or spokesperson for Sipping Safaris LLC/Sips Cape Cod. Do not post under an identity that is not your own. Do not post from multiple user accounts in an attempt to win prizes or gain advantage over other customers in our contests.
Sipping Safaris LLC/Sips Cape Cod reserves the sole right to review, edit and/or delete any comments it deems are inappropriate. Comments including but not limited to the following maybe deleted or edited by the moderators:Abusive or hurtful comments about a blogger or another participant Off topic and redundant comments (this includes promotion of events, groups, pages, websites, organizations and programs not related to or affiliated with Sipping Safaris LLC/Sips Cape Cod) Comments that use foul language or “hate speech” (for example, including but not limited to racial, ethnic or gender bashing language) Personal attacks or defamatory statements or comments (i.e., making negative personal or untrue comments about participants) Comments that violate the privacy of our employees, guests and their families.
If you post content, including images, to Sipping Safaris LLC/Sips Cape Cod websites, social media, or other online properties, you grant Sipping Safaris LLC/Sips Cape Cod and its affiliates unrestricted, nonexclusive, royalty-free, perpetual , irrevocably, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media without providing attribution or obtaining additional consent. You further agree that Sipping Safaris LLC/Sips Cape Cod and its affiliates are free to use any ideas, concepts, or know-how that you provide to Sipping Safaris LLC/Sipping Cape Cod via its websites, social media, or other online properties.
The information collected from our website, and social media platforms are given solely to Sipping Safaris LLC/ Sips Cape Cod for the purpose of contests, surveys, and exchange of information. This information is shared with Sipping Safaris LLC/Sips Cape Cod via email, or personal contact information and will not sell your personal information to a third party. We may contact you in the future via email to update you on future promotions, upcoming events, goods and services and any update to our policies. You may unsubscribe from these communications at anytime. Surveys and Contests
Due to the interactive nature of our business, We will be promoting contests and surveys on our website blogs and social media platforms. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, ) and the uploading of photos and videos for various contests. Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, host a contest or award a prize or verify age appropriateness and tour participation) are granted access to personally identifiable information.
Sips Cape Cod/ Sipping Safaris LLC
Sips Cape Cod/Sipping Safaris LLC is dedicated to provide an enjoyable, entertaining and education experience however we live in world that is sometimes uncooperative with the operation of tours. For these reasons Sips Cape Cod/ Sipping Safaris LLC has developed a customer and passenger friendly cancellation,reschedule and refund policy.
Sips Cape Cod/Sipping Safaris LLC tour reservation cancellations occurring 72 hours or more hours prior to the selected tour departure will be eligible for a refund of tour fare minus credit card processing fees and administrative fees.
Sips Cape Cod/Sipping Safaris LLC tour reservation cancellations occurring within 72 hours of tour unfortunately cannot be refunded due to the reservations needed at the selected tour hosting locations.
Should unsafe conditions arise, including forces of nature, confliction with
destination availability schedules, or an unforeseen events occurs, Sips Cape
Cod/Sipping Safaris LLC reserves the right to cancel a scheduled tour with as much notice as available given the type of unforeseen event impacting the tour. Decisions to cancel due to inclement weather will be made by Sips Cape Cod/Sipping Safaris LLC at least 12 hours before the start of the tour. Sips Cape Cod/Sipping Safaris LLC Tour passengers full fare plus ticket fees will be refunded or Sips Cape Cod/Sipping Safaris LLC can help you book an alternate Sips Cape Cod/Sipping Safaris LLC tour. –Whichever you prefer.
Sips Cape Cod/Sipping Safaris LLC requires a minimum of 8 passenger attendees in order to operate a tour. Should this threshold not be met; Sips Cape Cod/Sipping Safaris LLC may cancel the tour. You will receive notice the day before the tour if the passenger booking minimums are not met for your specific tour reservation. Sips Cape Cod/Sipping Safaris LLC Tickets will be fully refunded including ticket fees or Sips Cape Cod/Sipping Safaris LLC can help you book an alternate Sips Cape Cod/Sipping Safaris LLC tour. -Whichever you prefer.
Thank you for your understanding, hope to see you soon on a fantastic Sips Safari Adventure ---Sips Cape Cod Management Team (Revised May 10 th 2019)