ACTIVITY AND TRANSPORTATION LIABILITY WAIVER
Wander with Direction LLC
IMPORTANT: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS. READ CAREFULLY BEFORE SIGNING.
Definitions
“Guest” means any person who uses, participates in, or receives any services or activities provided by Wander with Direction LLC, including but not limited to transportation services, tours, yoga sessions, wellness workshops, and any other recreational or commercial activities.
“Activities” means all services, programs, events, transportation, and activities organized, operated, or provided by Wander with Direction LLC.
Acknowledgment of Risk and Voluntary Participation
By signing this waiver, Guest acknowledges and agrees that participation in any Activities organized by Wander with Direction LLC, including but not limited to chauffeur transportation services, wine tours, brewery visits, yoga sessions, wellness workshops, fitness activities, and recreational tours involves inherent and significant risks and potential hazards.
Transportation Services and Motor Carrier Activities
Guest understands and acknowledges that the Activities may involve transportation by various motor vehicles operated by Wander with Direction LLC as a motor carrier, including but not limited to shuttle buses, vans, passenger vehicles, and other transportation methods. Guest understands the potential risks associated with motor vehicle transportation, including but not limited to:
- Traffic accidents and collisions
- Mechanical failures or breakdowns
- Weather-related incidents
- Road conditions and hazards
- Emergency stops or evasive maneuvers
Guest acknowledges that Guest does not have any medical condition(s) that would prevent Guest from safely using these methods of transportation or that would result in injury or harm to Guest as a result of such transportation.
Alcohol Consumption Acknowledgment
Guest acknowledges and understands that many of the Activities may involve the consumption of alcoholic beverages, including but not limited to wines, beers, hard ciders, spirits, and other alcoholic beverages. Guest understands and acknowledges the potential risks associated with alcohol consumption, including but not limited to:
- Impaired judgment and coordination
- Increased risk of accidents or injuries
- Adverse interactions with medications
- Health complications or reactions
Guest acknowledges that Guest does not have or is not aware of any medical condition(s) that would prevent Guest from consuming alcohol or that would result in any injury or damage to Guest as a result of alcohol consumption. Guest understands that Guest is solely responsible for monitoring Guest’s own alcohol consumption and making responsible decisions regarding Guest’s participation in Activities.
Yoga and Physical Activities
Guest acknowledges that yoga sessions, wellness workshops, and other physical activities involve physical exertion and carry inherent risks, including but not limited to muscle strains, falls, and other injuries. Guest affirms that Guest is in adequate physical condition to participate in such activities.
Assumption of Risk
GUEST VOLUNTARILY ASSUMES ALL RISKS, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, ASSOCIATED WITH PARTICIPATION IN THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO RISKS ARISING FROM:
- Consumption of alcoholic beverages
- Physical activities and exercise
- Weather conditions and acts of nature
- Actions or omissions of other participants
- Premises conditions at various locations
Circumstances Beyond Control
Wander with Direction LLC shall not be responsible for any consequences that result from Guest providing inaccurate information at booking, including but not limited to inaccurate email addresses, phone numbers, or pickup locations. Wander with Direction LLC shall not be responsible for weather conditions, road traffic, venue crowds, electrical or mechanical malfunctions, acts of nature, or other circumstances beyond the company’s control that directly or indirectly cause delays or modifications to Activities.
Wander with Direction LLC shall not be responsible for any expenses that Guest may incur in relation to participating in, cancelling, or rescheduling Activities. These include, but are not limited to, expenses incurred due to travel delays, flight cancellations, airfare penalties, or overnight accommodations.
Insurance Coverage
Wander with Direction LLC does not provide personal accident or health insurance coverage for Guests. Guest acknowledges that it is Guest’s responsibility to maintain adequate personal accident and health insurance coverage while participating in Activities.
Release of Liability and Indemnification
GUEST HEREBY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE Wander with Direction LLC, its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, insurers, and any other individuals or entities associated with Wander with Direction LLC (collectively “Released Parties”) from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by Guest or Guest’s property while participating in Activities or while in, on, or upon the premises where Activities are conducted or in any vehicle used for transportation, EXCEPT for losses caused solely by the gross negligence or intentional misconduct of Wander with Direction LLC.
GUEST AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties against any liability, damages, defense costs (including reasonable attorneys’ fees), or other costs incurred in connection with any claims for bodily injury, wrongful death, or property damage brought by Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives, EXCEPT to the extent that any loss or damage is caused solely by the gross negligence or intentional misconduct of Wander with Direction LLC.
Disclaimer of Warranties
WANDER WITH DIRECTION LLC HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWABLE UNDER MICHIGAN LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
Guest agrees that Wander with Direction LLC will not be liable for any loss, theft, or damage whatsoever to any personal property brought to Activities by Guest, which may occur on or during Activities. It is therefore understood that all personal property Guest brings to Activities is brought at Guest’s sole risk and is Guest’s sole responsibility.
GUEST AGREES THAT NEITHER WANDER WITH DIRECTION LLC, NOR ANY OF ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS, EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS, VENDORS, BUSINESS PARTNERS, OR ANY OTHER INDIVIDUALS OR ENTITIES ASSOCIATED WITH WANDER WITH DIRECTION LLC, WILL BE LIABLE FOR ANY PERSONAL INJURY, DEATH OR DAMAGE OF ANY KIND WHATSOEVER, UNLESS CAUSED BY WANDER WITH DIRECTION LLC’S GROSS NEGLIGENCE OR INTENTIONAL MALFEASANCE.
Guest agrees that under no circumstances shall Wander with Direction LLC be liable for any consequential, special, indirect, incidental, exemplary, or punitive damages of any kind or nature whatsoever, regardless of whether arising from breach of contract or tort, even if Wander with Direction LLC was advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen by Wander with Direction LLC.
Photo and Media Release
Guest grants permission to Wander with Direction LLC to photograph, record, and/or videotape Guest during Activities. Guest understands that these images and recordings may be used for promotional and marketing purposes, including but not limited to social media, websites, brochures, and other marketing materials. Guest waives any right to royalties or other compensation arising from the use of these images or recordings.
Severability and Governing Law
This waiver shall be governed by and construed in accordance with the laws of the State of Michigan. If any provision of this waiver is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
Binding Effect
This waiver and release of liability shall be binding upon Guest’s heirs, executors, administrators, successors, and assigns.