The Fine-Print

BINDING LEGAL NOTICE AND RELEASE

‘Capture the City ‘ -Tours and Sascha Reinking, 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 “CTC” 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, your participation in a tour with CTC, or use or reliance on any other information, communication, or advertisements distributed by, on behalf of, or concerning CTC, 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 CTC, or purchase or use any Gift Certificates relating to CTC, or receive any passes relating to CTC, or transfer any credits relating to CTC, 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 CTC.

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 prior to participating in any tour with CTC.

YOU UNDERSTAND AND AGREE THAT you know and understand that CTC’s tours and services are for recreational purposes only and that the scope, nature and extent of the risks involved in participating in CTC’s tours and services as such services are described on or relating to, CTC’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 public or private lighting; the consumption of any food that may cause or aggravate medical conditions; carelessness or negligence of CTC’s or other participants’ in CTC’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 CTC 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 CTC tour or service, whether resulting from the negligence or other fault, act or omission, either active or passive, of CTC 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 CTC as a result of your participation in CTC’s tours or services.

YOU UNDERSTAND AND AGREE THAT you will never institute any lawsuit or cause of action or proceeding against CTC, or initiate or assist in the prosecution of any claim for damages against CTC 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, act or omission, active or passive, of CTC, 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 CTC, you agree that CTC 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 CTC 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 CTC’s tours or services, whether resulting from the negligence or other fault, act or omission, either active or passive, of CTC 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 CTC 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 CTC in asserting any available defenses.

YOU UNDERSTAND AND AGREE TO INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS CTC 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 CTC’s tours or services, whether resulting from the negligence or other fault, either active or passive, of CTC 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. CTC 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 CTC in asserting any available defenses.

YOU UNDERSTAND AND AGREE THAT CTC 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 CTC, or CTC’s website, or CTCs communications, or CTC’s tours or services.

YOU UNDERSTAND AND AGREE THAT while CTC 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.

YOU UNDERSTAND AND AGREE THAT you have read and understand the General Policies and Information set forth below and are in agreement therewith.

GENERAL POLICIES AND INFORMATION

No part of this website may be adapted or copied without the express written permission of CTC, other than as necessary for personal use.

Refunds will only be issued to parties that cancel their tour(s) at least twenty-one days prior to the tour date(s), regardless of the date of booking.

Parties who choose to cancel, alter the details of, or reschedule their tour between twenty and four days in advance of the tour date will receive a credit regardless of the date of booking.

Neither refunds nor credits will be issued to parties who cancel, alter the details of, or reschedule their tour within three days of the tour, regardless of the date of booking.

The booking party is responsible for full payment of the tour regardless of how many members of the party actually show up for the tour. Neither refunds nor credits will be issued with respect to party members who do not show up for the tour.

Credits expire nine months from the date of booking. Credits can only be applied to one tour within the stated expiration period. Credit holders cannot redeem the same for their cash value and can only apply the credit toward the price of the same tour within the expiration date.

The price of a future tour will, at a minimum, be equivalent to the price of the prior cancelled tour. Should tour prices increase between the date the credit was issued and the date of the booking of a future tour, the booking party will be responsible for the difference between the two prices.

CTC makes every effort to begin and end tours on time. No refunds or credits will be issued to parties who arrive late for a tour. Individuals that do not arrive within 15 minutes of a scheduled tour forfeit their participation on the tour and will not receive any credits or refunds. Tours will not be extended for late arrivals nor for other factors that cause delay during a tour that are outside of the control of CTC, including but not limited to, traffic, transportation issues, pedestrian congestion, weather and construction.

Information and locations may be altered at any moment in the event of circumstances outside our control. These circumstances include, but are not limited to, traffic, transportation issues, pedestrian congestion, weather and construction. No refunds or credits will be issued for location changes.

CTC reserves the right to cancel tours at any time. In the event that CTC cancels the tour, refunds or credits will be issued to all participants that were affected.

Prices are subject to change without notice.