In consideration of being permitted to participate in the wine tasting provided by Ole’ Orleans Wines and Spirits; Ole’ Orleans Wines and Spirits LLC (“Company”), I acknowledge and agree as follows:
1. I understand that I am voluntarily participating in the wine tasting at my own risk and I believe that I am inappropriate health and physical condition. I acknowledge that I am of legal drinking age (21 years or older) to participate in this event. I am voluntarily participating in these activities with knowledge of any potential danger involved and hereby agree to accept any and all risks of injury and death and disclaim any liability against the Released Parties related to the consumption of alcohol.
2. I do hereby fully release and discharge the Company, and their agents, officers, managers, staff, volunteers, and affiliates (collectively, the “Released Parties”) from any and all liability, claims, and causes of action from injuries or illness (including death), damages or loss which I may have or which may accrue to me on account of participation in all activities regarding the wine tasting, including but not limited to any injury that occurs at one of the wine tasting stops. This is a complete and irrevocable release and waiver of liability, claim or cause of action, or any claim arising out of the Released Parties’ negligence. I covenant not to bring any action or claim against the Released Parties for any alleged liabilities, claims, or causes of action released hereunder.
3. I further agree to indemnify and hold harmless the Released Parties from any and all claims resulting from injuries or illness (including death), damages, or loss, including, but not limited to attorneys’ fees, sustained by me arising out of, or connected with, or in any way associated with, the wine tasting.
4. In addition, the Released Parties are not responsible for any loss or theft to personal property brought to the wine tasting or left at one of the stops along with the tasting, and I release the Released Parties from any liability for such loss or theft.
5. I specifically acknowledge my obligation to participate only if:
I have not tested positive for, or otherwise been diagnosed with, COVID-19. If I have been diagnosed with COVID-19, I have met the Centers for Disease Control’s criteria for discontinuation of self-isolation;
Within the last 14 days, I have not had close contact with a person who has tested positive for, or otherwise been diagnosed with, COVID-19 or with a person who has been asked to self-quarantine by a medical professional or public health authority; and
I have no symptoms of COVID-19 (fever, cough, shortness of breath/difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, the new loss of taste or smell) and have not shown any symptoms in the past 10 days.
6. This release and waiver are intended to be as broad and inclusive as permitted by the laws of the State of Louisiana, and if any portion hereof is held invalid, it is agreed that the remainder shall continue in full legal force and effect.
7. Ole’ Orleans Wines and Spirits (1232 Oretha Castle Haley Blvd.) is not responsible for any damage to vehicles of guests during the duration of their tasting, left outside the property the day of or the day following the wine tasting.
8. Please Initial, if you agree to allow any photos taken during an Ole’ Orleans Tasting, to be posted to social media and/or posted to our website. Photos may be posted from Ole’ Orleans Wines and Spirits.
9. I acknowledge under any circumstance there will be NO REFUNDS. Accommodations are made for inclement weather at the discretion of the tasting room.
10. Ole' Orleans is a licensed winery facility, not a restaurant or bar. Our tastings give our patrons the opportunity to witness behind the scenes of production, and to enjoy our wines while learning about the production, history, and New Orleans culture.
I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms and understand that I am giving up substantial rights, including my right to bring suit. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.