COOPERS BREWERY – THE BREW TOUR: ACTIVITY AND PARTICIPATION WAIVER AND RELEASE
The following pages affect your legal rights and obligations. Please read carefully prior toparticipation in the Tour.
1. Acknowledgement and assumption of risk
By participating in the Brew Tour, you acknowledge and agree that:
- a) we may provide the tour in our full discretion, including with regard to tour route, inclusions or otherwise;
- b) we may cancel the Brew Tour at any time, in our complete discretion, due to weather conditions or manufacturing requirements. We may, at our option, make a replacement tour or refund (in part or full) available to you;
- c) aggressive or abusive behaviour will not be tolerated and we reserve the right to remove you from the Brew Tour and our premises should you display behaviours which we deem in our absolute discretion to be unacceptable;
- d) you may be offered samples of our beers and other alcoholic products at the conclusion of the Brew Tour. Consumption of such is at your own election and risk;
- e) understand the nature of the Brew Tour is a tour of a manufacturing facility and may involve inherent risks including but not limited to slips, trips, falls, contact with brewing orother manufacturing equipment, walking up stairs or through inclined areas, exposure to respiratory related triggers, exposure to potential allergens (i.e. grains), exposure to extreme temperatures and exposure to hot surfaces or environments; and
f) you acknowledge that participation in the Brew Tour may involve real risks, and you voluntarily accept and assume liability for all such risks now and in the future, including, but not limited to, any damage to or loss of property or bodily, personal or other injury.
2. Warranties
By participating in the Brew Tour, you warrant that you:
- a) are aged 18 years or older;
- b) have assessed your ability, and are in good health and physically able to participate in the Brew Tour (of approximately 3km) without causing further risk to yourself or others;
- c) you are not under the influence of drugs or alcohol;
- d) will abide by the directions and instructions of all of our personnel during the duration of the Brew Tour and accept that we, or our personnel may refuse to allow you to participate or continue to participate in the Brew Tour at any time should you fail to follow given directions or instructions or we deem that you are unable to commence or continue the Brew Tour and that in such case, your ticket price is forfeited and will not be refunded or exchanged; and
e) will not engage in any reckless, negligent, foolish or any other behaviour which may cause injury to you, us (including our property or personnel) or any other participant.
3. Exclusion of liability
To the fullest extent permitted by law, you hereby release, waive and discharge us and any of our owners, employees, agents and other personnel from any and all liability, claims, demands orcauses of action that may arise as a result of participation in the Brew Tour, including but notlimited to, claims for personal injury, illness, property damage or death.
4. Declaration
You declare that you understand and accept the terms of this waiver and release and understand that by participating in the Brew Tour you are deemed to have read, understood and agreed to the terms of this waiver and release. This waiver shall be governed by the laws of the State of South Australia. If any portion of this document is held to be invalid, the remaining provisions shall be binding and continue in full force and effect.
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