BEND GHOST TOURS LIABILITY WAIVER

RELEASE OF LIABILITY

In exchange for participation in the activity of a tour through downtown Bend, Oregon, and/or surrounding areas, organized by Bend Walking Tours, LLC, (Bend Ghost Tours) I agree for myself and (if applicable) for the members of my family, to the following:

1. AGREEMENT TO FOLLOW INSTRUCTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Bend Ghost Tours or the employees, representatives, or agents of Bend Ghost Tours.

2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and my family members, and further release and discharge Bend Ghost Tours for injury, loss, or damage arising out of my or my family's use of the services of Bend Ghost Tours, whether caused by the fault of myself, my family, Bend Ghost Tours, or other third parties.

3. INDEMNIFICATION. I agree to indemnify and defend Bend Ghost Tours against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of COMPANY or other third parties.

4. FEES. I agree to pay for all damages to the facilities of Bend Ghost Tours or other third parties caused by any negligent, reckless, or willful actions by me or my family.

5. PHOTO RELEASE. For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby grant Bend Ghost Tours permission to use my likeness, and that of my minor child(ren) in a photograph in any and all publications, including but not limited to all of Bend Ghost Tour’s digital and printed publications. I understand and agree that any photograph using these likenesses will become property of Bend Ghost Tours and will not be returned. I acknowledge that since my participation is voluntary, I will receive no financial compensation. I hereby irrevocably authorize Bend Ghost Tours to edit, copy, exhibit, publish, or distribute the photo for the purposes of publicizing Bend Ghost Tour’s services or any other lawful purpose.

In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein the likenesses appear. Additionally, I waive any right to royalties or other compensation arising out of, or related to, the use of the photograph. I hereby hold harmless and release and forever discharge Bend Ghost Tours from all claims, demands, and causes of actions which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

6. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Oregon law.

7. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Bend Ghost Tour has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

8. NO RECORDING. No audio recording of the Bend Ghost Tours tour is permitted at any time. Guests are encouraged and welcome to photograph, utilize Instagram Stories and Posts and/or short video, however audio recording of the tour is prohibited. I agree and acknowledge that it is a criminal offense to use any device to record or share an oral conversation without the consent of all contributing parties. [Or. Rev. Stat. Ann. §§ 165.535, 165.540.] The state of Oregon requires the consent of one party for the lawful recording or disclosure of electronic communications. [Or. Rev. Stat. Ann. §§ 165.535, 165.540.]

9. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.