Consent & Liability Policy

Guest Release & Waiver for All Edible Excursions Foraging Experiences

In order to participate in a Foraging Experience, Edible Excursions requires you to accept this Guest Release and Waiver, which is effective between you and Edible Excursions as of the date when you first inquire, book or participate in any foraging experience, whichever happens first.

You represent that you are 18 years of age or older. If you are bringing a minor as a Guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout your Foraging Experience, have read this Guest Release and Waiver and agree to it on the minor’s behalf. If you are booking a Foraging Experience on behalf of other Guests, you will ensure, and you represent and warrant, that each Guest on whose behalf you book has read and agreed to this Guest Release and Waiver, which shall apply to each of them as if the reference to “you” was a reference to him/her/they.

Assumption of Risks

You understand and acknowledge that the Foraging Experience(s) you sign up to do may be hazardous and may carry the risk of injury or illness, including sickness, physical injury, property damage, disability, permanent paralysis, and death. You also understand that different Spaces where Foraging Experiences are held can also carry these same risks.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN EACH FORAGING EXPERIENCE, INCLUDING EACH EXPERIENCE IN YOUR IMMERSIVE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE GUIDE/TEACHER/EDUCATOR, THE VENUE OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE EXPERIENCE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE FORAGING EXPERIENCE.

Photo and Video Release

By attending any Edible Excursion experience(s), you understand that photo and video of you may be captured, and you give consent to Edible Excursions to capture photo, video or sound recordings where you are either the subject, or a participant, and to distribute as Edible Excursion chooses.

You hereby grant permission to the rights of your image, likeness and sound of your voice as recorded on audio or video tape without payment or any other consideration. You understand that your image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of your image or recording. You also understand that this material may be used in diverse settings within an unrestricted geographic area.

There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.

Release and Waiver

You acknowledge and agree that:

You have reasonably assessed the risks involved in the Foraging Experience(s) and have made an informed and voluntary choice to participate. You alone, and not Edible Excursions, or any Venue(s) are responsible for determining your fitness for participating in the Foraging Experience(s) and your ability to fully understand any directions or warnings presented. You will not participate in any Foraging Experience(s) and/or Trip when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that Foraging Experience(s) and/or Trip. You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Foraging Experience(s) and/or Trip. If you notice any hazard during a Foraging Experience, you will stop participating in the Experience immediately. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE EDIBLE EXCURSIONS OR THE VENUE(S) FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR FORAGING EXPERIENCE(S) AND/OR TRIP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER/THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER/THEY MUST HAVE MATERIALLY AFFECTED HIS/HER/THEIR SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.

You intend this Guest Release and Waiver to be a complete and unconditional release of all liability to the greatest extent allowed by law. You agree that if any portion of this Waiver and Release is held to be invalid, the balance notwithstanding shall continue in full force and effect.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EDIBLE EXCURSIONS PROVIDES THE FORAGING EXPERIENCE(S) AND/OR TRIP “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EDIBLE EXCURSIONS EXPRESSLY DISCLAIMS ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.

Indemnification

You agree that if, despite this Guest Release and Waiver, you or anyone on your behalf make a claim against Edible Excursions relating to a Foraging Experience and/or Trip, you will indemnify and hold Edible Excursions harmless from any liability, demand, loss, damage, or costs which Edible Excursions may incur as the result of such claim.

You affirm that you HAVE READ THIS GUEST RELEASE AND WAIVER AND FULLY UNDERSTAND THE ASSUMPTION OF RISK, RELEASE, WAIVER, AND CONSENT CONTAINED IN IT. YOU FURTHER UNDERSTAND THAT YOU HAVE GIVEN UP RIGHTS BY AGREEING TO THESE TERMS AND HAVE DONE SO FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT.