BINDING LEGAL NOTICE AND RELEASE

Please tell me about the "Binding Legal Notice" and "Release" that are hereby incorporated into, but not limited to, Gotham Walking Tours' ("GWT" - as defined below) or any other websites, emails, invoices (including but not limited to "PayPal"), and any other communications, whether oral, written, or electronic, relating to GWT, THE TERMS OF WHICH I UNDERSTAND AND HAVE FREELY AGREED TO, when booking or participating in GWT's tours or services: 

Gotham Walking Tours LLC and Lina M. Viviano, including but not limited to, their tour guides, owners, officers, directors, members, affiliates, contractors, sponsors, partners, representatives, agents, estates, families, and employees, are collectively referred to as "GWT" in this Binding Legal Notice and Release.

You, including but not limited to, you, your representatives, your agents, your group members, your families, heirs,  estate, or anyone acting for or on your behalf, are collectively referred to as "You" or "Your" in this Binding Legal Notice and Release.

YOU UNDERSTAND AND AGREE THAT your use of this website, or of any other information, communication, or advertisements distributed by, on behalf of,  or concerning GWT, constitutes consent to the terms of this Binding Legal Notice and Release. 

YOU UNDERSTAND AND AGREE THAT individuals and/or entities who book any tour or service through GWT, or purchase or use any Gift Certificates relating to GWT, or receive any passes relating to GWT, or transfer any credits relating to GWT, assume the responsibility of communicating the contents of this Binding Legal Notice and Release to all participants, whether they are individuals (including parents and/or legal guardians) and/or entities in their group who participate in any tours or services offered by GWT.

YOU UNDERSTAND AND AGREE THAT  you are free to consult an attorney for any guidance you may need with respect to this Binding Legal Notice and Release.

YOU UNDERSTAND AND AGREE THAT you know and understand the scope, nature and extent of the risks involved in participating in GWT's tours and services as such services are described on or relating to, GWT's website and communications, and that some dangers cannot be foreseen. You understand and agree that these risks include, but are not limited to: walking or traveling in varied weather conditions; climbing up and down public or private stairways and curbs; defects in public or private streets, stairs and sidewalks; proximity to or use of, public or private transportation, vehicles, bicycles and other traffic; inadequate pubic or private lighting; the consumption of any food that may cause or aggravate medical conditions; carelessness or negligence of GWT's or other participants' in GWT's tours and services; and any person's or entity's, whether public or private, negligent instruction or supervision.  YOU UNDERSTAND AND AGREE THAT YOU KNOWINGLY, VOLUNTARILY, FREELY, AND EXPRESSLY CHOOSE TO INCUR ALL RISKS associated with the above, understanding that those risks may include, but are not limited to, your bodily and personal injury, damage to your property, and/or disfigurement or death.

YOU UNDERSTAND AND AGREE THAT YOU HEREBY RELEASE, DISCHARGE, AND HOLD HARMLESS GWT from any and all liability, claims, demands, costs, fees, 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 GWT tour or service, whether resulting from the negligence or other fault, either active or passive, of GWT or from any other cause. You specifically waive any unenforceability and/or public policy argument that you could make or could be made on behalf of your estate or by anyone who would sue GWT as a result of your participation in GWT's tours or services.

YOU UNDERSTAND AND AGREE THAT you will never institute any lawsuit or cause of action or proceeding against GWT, or initiate or assist in the prosecution of any claim for damages against GWT which you may have by reason of injury to your person or property, or your death, arising from the activities covered by this Binding Legal Notice and Release, whether caused by the negligence or fault, active or passive, of GWT, or from any other cause. You hereby so instruct your heirs, executors, administrators, personal representatives, or anyone else claiming or acting on your behalf. Should any such lawsuit or cause of action or proceeding be instituted against GWT, you agree that GWT shall be entitled to recover from you all attorney’s fees and costs and expenses incurred in the defense of such lawsuit or cause of action or proceeding.
 
YOU UNDERSTAND AND AGREE TO INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESSG GWT against any and all losses, claims, damages, expenses, actions, or proceedings of every kind and character, including attorney’s fees, costs 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 or use of GWT's tours or services, whether resulting from the negligence or other fault, either active or passive, of GWT or from any other cause, and/or (ii) your breach of this Binding Legal Notice and Release and/or any breach of your representations and warranties set forth in this Binding Legal Notice and Release.  You hereby understand and agree that GWT 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 completely and in good faith with GWT in asserting any available defenses.

YOU UNDERSTAND AND AGREE TO INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS GWT from any and all losses, claims, damages, expenses, costs, actions, or proceedings of every kind and character, including but not limited to attorney’s fees, costs, and expenses, which may be presented or initiated by any other person, entity, estate, or organization and which arise directly or indirectly from (i) your participation in GWT's tours or services, whether resulting from the negligence or other fault, either active or passive, of GWT or from any other cause, and/or (ii) your breach of this Binding Legal Notice and Release, or any breach of your representations and warranties as set forth in this Binding Legal Notice and Release.  GWT 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 completely and in good faith with GWT in asserting any available defenses.

YOU UNDERSTAND AND AGREE THAT GWT does not condone the consumption or use of alcoholic beverages and/or any controlled substances.  Certain venues visited by GWT do sell alcoholic beverages.  GWT does not assume any responsibility for the actions of people who choose to consume or use alcoholic beverages and/or controlled substances during the course of any tour or service offered by GWT.

YOU UNDERSTAND AND AGREE THAT GWT assumes no responsibility for the contents of any other websites or oral, written or other materials or communications (regardless of the format in which they appear), which involve or reference GWT, or GWT's website, or GWT's communications, or GWT's tours or services.

YOU UNDERSTAND AND AGREE THAT while GWT has made every effort to insure that the information contained in this website and its promotional materials and any of its communications are accurate, you are aware that such information may unintentionally become incomplete, inaccurate or out of date.