THIS IS A LEGALLY BINDING DOCUMENT. READ CAREFULLY.
By booking or participating in a tour ("Tour") operated by Real's Tours NYC LLC ("Real's Tours NYC", "we", "us", or "our"), you ("I", "me", "my", or "Participant") agree to the terms set forth below. If you do not agree, do not participate in any Tour.
1. VOLUNTARY PARTICIPATION
I am voluntarily participating in a Tour provided by Real's Tours NYC. Tours may include walking, use of public transportation, ferry travel, bus or van travel, outdoor areas, crowded spaces, and public streets. I understand that these environments are not under the control of Real's Tours NYC.
2. ACKNOWLEDGMENT OF RISKS
I understand that participating in a Tour involves certain risks, including, among others:
- Trips, slips, or falls on sidewalks, curbs, bridges, stairs, and uneven surfaces;
- Interaction with vehicular traffic, bicycles, buses, scooters, pedestrians, and crowds;
- Exposure to weather conditions (heat, snow, cold, rain, ice, wind);
- Incidents or delays in public transportation (subway, ferry, bus, rideshare, vans);
- Being pushed or hit accidentally in crowded public areas;
- Noise, air quality, or sudden loud sounds (sirens, traffic, construction);
- Unexpected route or schedule changes outside the control of Real's Tours NYC.
I understand that injuries, illnesses, property damage, or even death may occur while participating in urban tours and transportation-related activities.
I voluntarily assume all risks associated with the Tour, whether known or unknown.
3. HEALTH AND PHYSICAL CONDITION
I confirm that I am physically capable of safely participating in a Tour that requires walking and use of transportation, and that I will monitor my own health needs (hydration, medications, rest, etc.). If I have doubts about my health or ability, I agree to consult with a medical professional before participating.
4. MINORS
If I am supervising a minor, I accept full responsibility for their participation, safety, conduct, and compliance with these terms. This waiver applies equally to any minor participant. I agree to indemnify Real's Tours NYC for any claim brought by or on behalf of the minor.
5. RELEASE OF LIABILITY
To the maximum extent permitted by the laws of the State of New York, I release, waive, and discharge Real's Tours NYC LLC, its owners, employees, independent contractors (including tour guides), agents, representatives, insurers, and affiliates ("Released Parties") from any claim, damage, loss, or liability arising from my participation in the Tour, including but not limited to:
- Injuries, illnesses, or death;
- Loss or damage to property;
- Accidents or incidents caused by third parties, crowds, or public conditions;
- Delays, inconveniences, or changes of plans;
- Emotional distress or loss of enjoyment.
This release applies to claims arising from ordinary negligence of the Released Parties or from public conditions outside their control.
This release does not apply to claims that legally cannot be waived under New York law, such as gross negligence.
6. LIMITATION OF DAMAGES
If Real's Tours NYC is determined to be liable for any claim, I agree that its total liability will be limited to the amount I paid for the Tour.
Real's Tours NYC will not be liable for incidental, indirect, or consequential damages.
7. RESPONSIBILITY TO FOLLOW INSTRUCTIONS
I agree to follow all instructions from Real's Tours NYC staff. I understand that I may be removed from the Tour, without refund, if I behave in an unsafe, disruptive, illegal, or abusive manner toward others.
8. THIRD-PARTY SERVICES AND LOCATIONS
I understand that Tours may involve transportation, venues, and public spaces that are not owned or operated by Real's Tours NYC. I accept that Real's Tours NYC is not responsible for the actions, policies, or operations of:
- Public transportation systems
- Ferry services
- Parks or municipal spaces
- Bus, van, or rideshare providers
- Attractions or venues operated by third parties
9. PHOTOGRAPHY AND MEDIA AUTHORIZATION
I understand that Real's Tours NYC may take group photographs or videos during the Tour. I authorize Real's Tours NYC to use my image for marketing, documentation, or promotional purposes without compensation. If I do not wish to appear prominently, I will inform the guide before the Tour begins.
10. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless Real's Tours NYC and the Released Parties from any claim, demand, or expense (including legal fees) arising from:
- My actions or negligence;
- My violation of rules or laws;
- Any claim brought by minors under my supervision.
11. APPLICABLE LAW
This agreement is governed by the laws of the State of New York. Any dispute must be brought exclusively in the courts located in New York County, NY.
12. SEVERABILITY
If any part of this waiver is deemed unenforceable, the remaining sections will remain valid to the maximum extent permitted by law.
13. ACKNOWLEDGMENT
By signing below (or by electronically accepting during the purchase process), I:
- Confirm that I have read and understand this waiver;
- Understand that I am waiving legal rights;
- Accept voluntarily and without pressure;
- Accept on my behalf and on behalf of any minor participant.
SIGNATURE
Participant Name: _____________________________________
Signature: ________________________________________________________
Date: __________________________
If signing for a minor:
Minor(s) Name(s): _________________________________________
Relationship to Minor: ____________________________________________
Note: By booking and/or participating in a Real's Tours NYC tour, you acknowledge that you have read, understood, and agree to be bound by this waiver. Electronic acceptance during the booking process constitutes your signature.
CONTACT INFORMATION
If you have questions about this Liability Waiver, please contact us:
Real's Tours NYC
212 E 182 ST APT 4GBronx, NY 10457
Phone: +1 (718) 362-0165
Email: info@realstoursnyc.com