Guest Participation Waiver

RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK AND PUBLICITY

Before participating in any Spark Experience, all guests will be asked to sign this “Release and Waiver of Liability Assumption of Risk and Publicity”, either electronically at time of booking or at the activity start time. Guests who decline to sign, or refuse any of the safety precautions as instructed, will not be able to participate in the activity. No refunds will be given to clients who decline participation in the activity on the basis of their decision not to sign this waiver. Parents or adults responsible for minor children under 18 may sign on their behalf. If signing electronically, it is understood that all adults who participate in the Spark Experience activity have consented to this release prior to their participation. If any guest has not yet taken the opportunity to review this waiver in advance of the start of the activity, they are welcome to request to review it, and it will be made available in either paper or electronic form, whatever is available at that time. This is in addition to the general Terms and Conditions laid out on the Spark Experiences website at time of booking.

In consideration for my Participation in the tour conducted by SF Spark Tours LLC, dba Spark Experiences:

I, the undersigned hereby acknowledge and agree that I understand the nature of the tour and events that I am participating. As except expressly stated I knowingly and voluntarily, accept and assume responsibility for each and every risk inherent in and dangers that could arise out of my participation.

RELEASE AND WAIVER: I hereby release, waive, discharge and covenant not to sue SF Spark Tours LLC, and its members, officers, and employees from any all liability resulting from any personal injury, accident or illness, including death and/ or loss of property, however caused, arising from, or in any way related to my participation, EXCEPT, for those caused by the willful misconduct, gross negligence or intentional acts the above parties.

REGARDING COVID-19: I understand that COVID-19 is a contagious disease, and an inherent risk of exposure to COVID-19 exists in any public place where people are present. I have weighed and determined my own personal risk is acceptable. By participating in this activity, I voluntarily assume all risks related to exposure to COVID-19 and agree to hold SF Spark Tours and its members harmless. I also consent to follow any/all policies and safety protocols put in place by SF Spark Tours LLC, including but not limited to properly wearing personal protective equipment, face masks, hand sanitizer, and the like.

INDEMNIFICATION AND HOLD HARMLESS: I also agree to INDEMNIFY, DEFEND AND HOLD HARMLESS SF Spark Tours, LLC from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to attorneys’ fees arising from or in any way related to MY participation, except for those acts arising our of willful conduct, gross negligence of intentional acts of SF Spark Tours LLC and its members.

PUBLICITY: I understand and agree my participation in this activity, and that of any minor participants for whom I am responsible, may result in advertising. I authorize SF Spark Tours LLC to use my name, and other information, whether expressed in photographs, video recordings or any other form (collectively, “Information”), for purposes of promotion, publication, commercial advertising, or any other purpose, whatever it is, now or at any time: (1) in any media, including electronic and print media; (2) with or without the names of the participants; (3) without payment of royalties or other compensation to anyone; and (4) without the need to notify or seek additional approval.

In regards to my personal information, I understand that SF Spark Tours LLC will NEVER sell my email, phone numbers, address or any other such information. This will be ONLY used by SF Spark Tours LLC for our communication with you and to facilitate booking transactions. I may be invited to sign up for a newsletter or “friend” on Facebook to keep in contact. Unsubscribing is at my discretion and I may do so at any time. Any and all information is protected in systems using reasonable and appropriate technology.

THIRD PARTIES: I understand SF Spark Tours is not liable for any faults, actions, errors or issues of any operating third parties, who may assist in conducting business, operating its website or otherwise serving clients. Any outside links and the information within them is the responsibility of those sites and SF Spark Tours LLC is not liable. Their linking of other sites does not imply endorsement of content.

I have read, understand and accept the Publicity Release in its entirety on behalf of myself and any minor participants for whom I am responsible.

This release is governed by California law.[TW1]

THIS AGREEMENT IS TO REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION, DURING ALL INITITAL AND ALL SUBSEQUENT PARTICIPATION EVENTS.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILIY. I EXPRESSSLY AGREE TO RELEASE AND DISCHARGE SF Spark Tours LLC AND ALL ITS AFFLICAITES, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION. I AGREE TO VOLUTARITY GIVE UP AND WAIVE ANY RIGHT THAT I MAY OTHERWISE HAVE LEGALLY AGAINST SF Spark Tours LLC.

Printed Name and Signature of each participant:

#1 __________________________________________________________________________

Printed Name Signature Date

#2 ______________________________________________________________________________

Printed Name Signature Date

#3 __________________________________________________________________________

Printed Name Signature Date

#4 __________________________________________________________________________

Printed Name Signature Date

#5 __________________________________________________________________________

Printed Name Signature Date