This is a legally binding release, waiver of liability and Assumption of the Risk Agreement (the “Agreement”). Please read it carefully before signing. In consideration for Barrels of Fun Nashville, a Tennessee limited liability company, (“Barrels of Fun”) agreeing to take an individual (“Guest”) on a sightseeing and wine and/or distillery tasting tour (“Tour”), Guest agrees to the following terms and conditions: 

1. Guest acknowledges and agrees that Guest is embarking on a sightseeing and wine and/or distillery tasting tour, which involves potentially dangerous activities, as well as the consumption of alcohol. Guest assumes the risks associated with the Tour activities. 

2. Guest assumes the risks associated with alcohol consumption and takes full responsibility for his or her own actions, safety and welfare. Guest further understands that he or she will be a member of a group and that Guest will conduct himself or herself in a way that does not endanger Guest or the group. 

3. Guest agrees to exercise ordinary and reasonable care at all times, and to not imbibe alcohol to the extent that Guest’s judgment is impaired. Guest understands and acknowledges that many of the Barrels of Fun’s activities on the Tour involve the consumption of alcohol, including, but not limited to, various wines, champagnes, whiskey, and spirits. Guest understands the potential risks associated with the consumption of alcohol and acknowledges that Guest does not have or is not aware of any medical condition(s) that would prevent Guest from consuming alcohol or would result in any injury or damage to Guest as a result of Guest’s consumption of alcohol. Guest acknowledges and agrees that Barrels of Fun shall not be responsible or liable for any accident, injury, theft, loss or damage caused by Guest’s impaired judgment or negligence. Guest waives any claim which Guest, Guest’s heirs, successors assigns, spouse, family members or legal representatives may have against Barrels of Fun arising from or as a result of any such accident, injury, theft, loss or damage caused by Guest’s impaired judgment or negligence. 

A. The Guest will be responsible for any and all damage to the vehicle, owned by or hired by Barrels of Fun, caused by the Guest according to the schedule below: 

• Excessive clean up fee - $150 

• Sickness in vehicle - $300 

• Rips/Tears - $100 or replacement cost, whichever is greater 

• Any Other damage not specifically listed - $100 or replacement cost, whichever is greater 

4. Guest acknowledges that it is Guest’s responsibility to provide for Guest’s own accident and health coverage while participating on the Tour. Barrels of Fun does not provide for any accident or health coverage for any of its guests. 

5. Guest understands and acknowledges that the Tour involves transportation by various motor vehicles, including, but not limited to shuttle, van or bus, transportation. Guest acknowledges and understands the inherent risks associated with these methods of transportation and acknowledges that Guest does not have any medical condition(s) that would prevent Guest from using these methods of transportation or result in any injury or harm to Guest as a result of using these methods of transportation. While Guest understands and agrees that Barrels of Fun will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the Tour, Guest understands that Barrels of Fun assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles. 

6. In consideration of Guest’s participation in the various activities that comprise the Tour, Guest understands and accepts the risks associated with participation in these various activities and agrees that neither Barrels of Fun, nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with Barrels of Fun, will be liable for any personal injury, death or damage of any kind whatsoever, unless caused by Barrels of Fun’s gross negligence or intentional wrongdoing.

 7. Guest agrees and acknowledges that Barrels of Fun shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the Tour by Guest, which may occur on or during the Tour. Guest hereby expressly waives any claim which Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives may have against Barrels of Fun arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that Guest brings on the Tour is brought at Guest’s sole risk and is Guest’s sole responsibility. 

8. Guest assumes the risk of and releases, defends, and holds Barrels of Fun harmless for any liability, for any death, physical or other injury, loss, or harm suffered by during or as a consequence of Guest’s participation or presence in or on any activity that comprises the Tour under any circumstances unless caused by Barrels of Fun’s gross negligence or intentional wrongdoing. Therefore, Guest agrees to indemnify, defend, and hold Barrels of Fun harmless against any liability, damages, defense costs (including attorneys’ fees), or from any other costs incurred in connection with any claims for bodily injury, wrongful death, or property damage brought by Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives, except to the extent that any loss or damage is caused by Barrels of Fun’s gross negligence or intentional wrongdoing. 

9. This Agreement shall be binding on Guest’s agents, heirs, and successors or assigns, and shall apply to all sponsors, officers, officials, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with or connected to Barrels of Fun in anyway.

10. Guest acknowledges and agrees that Guest has read and agrees to the Terms & Conditions as found on the website. 

11. Guest hereby gives full consent to Barrels of Fun to use and publish Guest’s likeness on Barrels of Fun’s advertisements; Guest acknowledges that Barrels of Fun does not have to compensate Guest in any way for the use of Guest’s likeness on Barrels of Fun’s advertisements. Likenesses include, but are not limited to photographs, images, renderings, and drawings of Guest. Advertisements include, but not limited to Barrel of Fun’s website as well as any brochures, bulletins, digital advertisements, web-based advertisements, and printed advertisements in newspapers and/or magazines. 

12. Guest agrees that under no circumstances shall Barrels of Fun be liable for any consequential, special, indirect, incidental, exemplary or punitive damages of any kind or nature whatsoever, regardless of whether arising from breach of contract or tort, even if Barrels of Fun was advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen by Barrels of Fun. 

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS AND HAVE SIGNED IT FREELY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANYONE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT OF THE LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. I HEREBY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT. 

Print Name: _____________________________________________________________________ 

Signature: ______________________________________________________________________ 

Date of Tour: ____________________