L.A. Hemp Tours a registered trademark of L.A. Scenic Tours, LLC TERMS OF SERVICE, WAIVER, ASSUMPTION OF RISK, COMPLETE RELEASE OF LIABILITY, AND CONSENT TO PUBLICITY
ALL PARTICIPANTS OF ANY TOUR OR ACTIVITY HOSTED BY, AFFILIATED WITH, OR INCLUDED IN THE REGISTRATION PROCESS FOR THE SERVICES PROVIDED BY L.A. HEMP TOURS A REGISTERED TRADEMARK OF L.A. SCENIC TOURS, LLC ARE REQUIRED, AS A CONDITION FOR PARTICIPATION IN ANY SUCH EVENT OR ACTIVITY, TO ASSUME ALL RISKS OF PARTICIPATION BY AGREEING TO AND SIGNING, EITHER ELECTRONICALLY OR PHYSICALLY, THESE TERMS OF SERVICE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, COMPLETE RELEASE OF LIABIITY, AND CONSENT TO PUBLICITY (“AGREEMENT”). THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS TO RECOVERY DAMAGES SHOULD YOU BE HARMED OR INJURED. PLEASE READ IT CAREFULLY. ACCEPTANCE OF THIS AGREEMENT INDICATES THAT YOU HAVE READ AND UNDERSTOOD ITS TERMS.
THIS RELEASE INCLUDES A COMPLETE WAIVER OF MY RIGHT, AND THE RIGHT OF MY NEXT OF KIN, HEIRS OR ASSIGNS TO SEEK DAMAGES FOR LOSSES SUSTAINED AS A RESULT OF MY PARTICIPATION IN THIS RECREATIONAL ACTIVITY, INCLUDING MY DEATH OR INCAPACITY, ILLNESSES, INJURIES, DAMAGES, EXPENSES OR OTHER LOSSES I MAY SUFFER, WHETHER TO MY PERSON OR MY PROPERTY, ARISING OUT OF, CONNECTED WITH, OR IN ANY WAY ASSOCIATED WITH MY PARTICIPATION IN THE ACTIVITIES DESCRIBED HEREIN.
I UNDERSTAND THAT A PRIMARY PURPOSE OF SIGNING THIS DOCUMENT IS TO INDEMNIFY, EXEMPT AND RELEASE L.A. HEMP TOURS A REGISTERED TRADEMARK OF L.A. SCENIC TOURS, LLC AND ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER ASSOCIATED PERSONNEL, AND THEIR TOUR SERVICES (WHETHER OWNED, OPERATED, LEASED, CHARTERED, OR PARTNERED), HEREINAFTER REFERRED TO AS “RELEASED PARTIES”, “L.A. HEMP TOURS”, “WE”, “OUR” OR “US”, AND TO HOLD THESE ENTITIES HARMLESS FROM ANY AND ALL LIABILITY FOR ANY ACTS OR OMISSIONS ON THEIR PART, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OF ANY TYPE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
I. LEGAL COMPLIANCE/AGE RESTRICTION
The Released Parties have arranged for your participation in some or all of the events (“Events”) which may include any or all of the following: Hiking Excursions, Wine Tastings, Beer Tastings, Surf Lesson Tours, Museum Tours, Glass Blowing Class, Cooking Edible Class, Bus Tour, Dispensary Visits, Art and/or Painting Class as described further at https://lahemptours.com//, and incorporated herein by reference thereto. The Customer (herein referred to as “Customer” “I” or “me” or “my”) wishes to voluntarily participate in the Events for which Customer has paid, and by such participation and payment as provided for in this Agreement, hereby agrees to be bound by and subject to the terms and conditions of this Agreement.
A. All activities provided by the Released Parties are in full compliance with California Proposition 64
- California Proposition 64 was passed by the citizens of California. In November 2016 it became legal for all adults over the age of 21 to cultivate, possess, and consume marijuana for recreational purposes. As of January 1, 2018, Customers with a valid government issued ID are permitted to purchase marijuana or marijuana-infused products. Visitors to California with out-of-state or international ID are also allowed to purchase marijuana or infused products. All adults over the age of 21 are permitted to possess up to 28.5 grams of marijuana or up to 8 grams of concentrated cannabis. Additional regulations are expected to be enacted and enforced as this new law is implemented.
B. Age Restriction, Valid ID, No Refunds
Customer warrants that they are at least 21 years old and will provide valid government issued identification (“ID”) upon check-in at the time of the Events and shall carry their ID at all times while participating in the Events. Non-US citizens must carry a valid passport at all times. Customer acknowledges that they will be denied entry for failure to provide required identification to the satisfaction of the Released Parties, and will be asked to leave the Events if unable to produce valid identification at any time during the Events, and shall not be entitled to a refund if such valid identification is not produced upon request by the Released Parties. Expired forms of documentation are not valid under any circumstances.
C. Federal Laws
Customer acknowledges that marijuana is considered a Schedule 1 drug under federal law, and that the Released Parties cannot guarantee that Customer will not be subject to arrest or other legal proceedings or consequences by federal authorities due to Customer’s participation in the Events, including criminal prosecution. Customer hereby forever releases and holds the Released Parties harmless for any action or exclusion which may be taken against Customer by federal authorities as a result of Customer’s participation in, registration for or in connection with the Events.
II. RESERVATIONS AND PAYMENTS
Customer acknowledges that all reservations must be made through https://LAHempTours.com or over the phone at 424-404-0733. L.A. Hemp Tours does not accept reservations for any Events or Tours through any of the following channels: email or direct messaging.
B. Payment Types
Credit Card/Non-Cash Payments: L.A. Scenic Tours, LLC accepts Visa, MasterCard, American Express Dinners Club, JCB, and Discover. You may make credit card payments on the secure website, over the phone or in person. Customers using credit or debit cards agree to all terms and conditions contained herein and agree to waive all chargeback rights. All accounts not paid in full by the time of the Tours are subject to cancellation.
All tours, classes, hotels, vacation packages, and other services are fully refundable, minus a 12.5% cancellation fee, if a cancellation request is made at least 10 business days prior to the day of the Events; under these circumstances, the balance of any payment will be refunded within 12 business days of a notice of cancellation. Under no circumstances shall a refund or credit be provided to a Customer who cancels less than 10 business days prior to the Events date, shows up late, or who does do not show up at all for all the scheduled Events. Please verify that any cancellation request has been accepted by calling 424-404-0733 or by sending an email to info@LAHempTours.com. Customer acknowledges that if he or she does not receive an email confirming a cancellation request, it has not processed. In the event the Released Parties change or cancel an arrival or departure date for the Events, Customer shall have the right to receive a full refund. Charges and fees for products, services, attractions or excursions in connect with the Events, which are not cancelled, are non-refundable. Other non-refundable fees include, but are not limited to: cancellation fees, processing fees, reservation change fees, and transfer fees. Customer will not receive any refund for any unused accommodations, flights, or other Events features if Customer leaves the Events, regardless of the circumstances.
IV. RESERVATION CHANGES AND LAST-MINUTE RESERVATIONS
Changes in Customer reservations are permitted whenever possible, at the sole discretion of the Released Parties, subject to a change fee to be communicated to Customer and charged at the time of such change. Transfer of reservations to a different person is permitted, at the sole discretion of the Released Parties, provided that the transferee agrees to the terms of this Agreement, can produce valid identification, and pays a transfer fee to be communicated to Customer and charged at the time of such transfer. Contact info@LAHempTours.com as soon as possible to request a name change or transfer. In many circumstances, the Released Parties are subject to the rules and fees of third-party vendors and may not be able to accommodate all name change or transfer requests. If a name change or transfer cannot be accommodated, the cancellation policy outlined in Section III, above, will apply.
B. Last Minute Reservations
Reservations will be accepted up to the day of the scheduled Events as long as space is available. The Released Parties reserve the right to require certified funds from Customers for reservations made within three (3) days of the scheduled Events.
V. CUSTOMER SERVICE/ASSISTANCE
Please call 424-404-0733 or email info@LAHempTours.com for all inquiries or customer service. Failure to correspond with the customer service department within 30 days of the Events date to which a concern or complaint relates will result in a waiver and release of the Released Parties from any and all claims and liability.
VI. REMOVAL/CLEANING AND DAMAGES
A. Right to Remove Customer
Customer agrees to abide by all directives and instructions communicated to Customer by the Released Parties, whether written, electronic or verbal, which are meant to ensure the safety of Customer and others. Customer hereby acknowledges that the Released Parties reserve the right to remove a customer from the Events for any reason. Removal may occur due to the Customers’ unruly or disruptive behavior, violation of any state or local law pertaining to the use or possession of marijuana, any federal, state or local law pertaining to issues other than marijuana, or if, in the sole judgment of the Released Parties, the Customer constitutes a danger to themselves or others. Any such removed Customer will not receive a refund for the remaining portion of the Events.
B. Cleaning and Damage Charges
Customer agrees to reimburse the Released Parties for any and all damages actually or proximately caused by Customer during or in connection with the Events. For any carpet or upholstery burns, Customer agrees to pay the greater of actual costs to repair or replace upholstery, or $150, per occurrence. If Customer discharges any bodily fluids or solids while being transported to or from, in connection with, or during the Events, Customer agrees to pay a cleaning fee of $250 per occurrence, plus any actual costs to repair or replace property belonging to the Released Parties, any attendee, supplier, partner, associate, or other entity or individual damaged by such discharged bodily fluids or solids. For purposes of this section, Customer authorizes the Released Parties to charge Customer’s debit or credit card account for any such charges.
VII. FIRST AID
Any trauma, medical condition or accident will be handled by local emergency personnel, whose response time the Released Parties cannot control. The Released Parties’ staff cannot give medical advice or anticipate complications from an injury (whether the injury is minor or major) or other medical condition. By entering into this Agreement, Customer agrees not to hold the Released Parties responsible for any injuries or other medical conditions which Customer sustains as a result of Customer’s participation in the Events. Customer hereby and forever releases, waives, discharges, holds harmless and agrees to indemnify The Released Parties from and against all claims, including third party claims, actions, injuries, or losses which may arise or occur during, in connection with, or related to the Events.
VIII. DUTY OF CARE/ASSUMPTION OF RISK
Customer warrants that they are physically fit to participate in the activities described herein and incorporated by reference hereto, and agrees that Customer shall be solely responsible for making this assessment. Customer further acknowledges that it is Customer’s responsibility to have their medical condition and level of fitness assessed by a doctor prior to participating in the Events. Products, services or excursions made thru LA Scenic Tours LLC, LA Hemp Tours and its affiliates for which booking services may be requested involve activities that may involve risk. The customer of our services assumes that
the risk inherent in all such activities. By accepting these services, the Customer thereof agrees that LA Scenic Tours LLC, LA Hemp Tours, and its affiliates is not responsible for losses or damages including bodily injury, property damage, or economic loss incurred while participating in the Events for which booking services are provided. LA Scenic Tours LLC, LA Hemp Tours or its affiliates will not be responsible for injuries that may occur due to horse play while the vehicle is in motion or at a standstill nor will be responsible for any belongings left while the Customer is in or out of the vehicle. I UNDERSTAND THAT I HAVE A DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AS WELL AS THE SAFETY OF OTHERS AND I AGREE TO DO SO. I HEREBY ASSUME ALL RISKS, KNOWN OR UNKNOWN, WHETHER FORESEEABLE OR NOT, WHILE PARTICIPATING IN ALL ACTIVITIES ARISING FROM OR IN CONNECTION WITH THE EVENTS.
IX. MEDICAL AUTHORIZATION/MEDICAL EXPENSES:
I hereby authorize any medical treatment reasonably necessary for any injury or medical condition which I may sustain or suffer while participating in, in connection with, or related to the Events. Customer warrants that they have adequate medical insurance or, in the absence of such insurance, agrees to pay all costs of rescue and/or medical services which may be incurred by Customer during, in connection with, or related to the Events.
X. CONSENT TO PUBLICITY
I grant permission to the Released Parties to use any photographs, motion pictures, recordings or any other record of my participation in the activities described herein for any purpose, including, but not limited to, promoting, advertising, marketing purposes, and otherwise publishing my participation in or near the Events, including transportation to and from the Events. Any and all photographs, motion pictures, recordings or other records of my participation are the sole property of the Released Parties and may be used without compensation. I hereby waive and release any claim or rights I may otherwise have arising out of such use, publication, or distribution.
XI. NO WARRANTIES
I have had ample opportunity to carefully read this contract in its entirety, fully understand its contents, and agree to the terms and conditions of this contract on behalf of myself, my heirs, and my personal representatives. This document constitutes the final and entire agreement between the Released Parties and the undersigned. There are NO WARRANTIES expressed or implied, which extend beyond the description of the activities or Events described in this Agreement. THIS IS A COMPLETE RELEASE OF LIABILITY AND A LEGALLY BINDING CONTRACT.
The Released Parties will provide as much information as possible regarding bus/car transportation schedules at the time of reservation; however, this information is considered tentative and subject to change without notice. Due to the inherent variables involved in travel such as weather, traffic, vehicle mechanical failures, etc., any arrival times provided by the Released Parties should be considered approximate and the Released Parties assume no responsibility for their accuracy or actual length of travel time.
I agree that any dispute concerning, relating, or referring to this Agreement, the aforementioned website or any other literature concerning the Events, including interpretation and enforcement of this Agreement, shall be resolved exclusively by binding arbitration in the State of California, County of Los Angeles, according to the then existing commercial rules of the American Arbitration Association. Such proceedings will be governed by the substantive laws of the State of California.
XIV. WAIVER OF JURY TRIAL
In connection with any action or legal proceeding arising out of this Agreement, the parties hereby specifically and knowingly waive any rights that either party might have to demand a jury trial.
XV. EXCLUSIVE GOVERNING LAW AND EXCLUSIVE JURISDICTION
If the right to seek arbitration is for any reason waived by both parties or otherwise found invalid, this Agreement and any actions and proceedings brought hereunder shall be governed by the laws of the State of California, without regard to conflicts of law principles. Any action or legal proceeding to enforce any provision of, or based on any rights arising out of, this Agreement shall be brought exclusively in the courts of California, County of Los Angeles, and the parties hereto hereby consent to the exclusive jurisdiction of such courts and of the appropriate appellate courts in any such action or legal proceeding and waive any objection to venue or jurisdiction in such courts.
The invalidity or unenforceability of any part of this Agreement, or the invalidity of its application to a specific situation or circumstance, shall not affect the validity of the remainder of this Agreement, or its application to other situations or circumstances.
Any failure by either party at any time, or from time to time, to enforce or to require the strict keeping and performance of any of the terms and conditions of this Agreement shall not constitute a future waiver of any such terms or conditions and shall not affect or impair such terms and conditions in any way or the right of such party at any time to avail itself of such remedies as it has for the future breach or breaches of such terms and conditions.
Except as otherwise expressly provided to the contrary, the rights and obligations herein granted and this Agreement are for the exclusive benefit of the parties hereto.
All headings are for convenience only and shall not affect the meaning of any provision of this Agreement, except the recitals contained at the beginning of this instrument shall be incorporated into the body of this Agreement and considered material terms of this Agreement.
Customer hereby agrees to accept and be legally bound by this Agreement and all of the warranties, terms and conditions contained herein with no exceptions. Customer understands that LA Scenic Tours LLC, LA Hemp Tours, and its affiliates host the Events and do not own, control, or operate any entity or individual which provides goods and services during the Events, and are not responsible for the acts, errors, or omissions of such entities or individuals, including but not limited to, for example, air carriers, hotels, ground operations, boat or bus companies, artisans, restaurants, clubs, and sightseeing establishments. The Released Parties are not responsible for printed errors or forged signatures.
Customer agrees that this Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
The Released Parties may freely assign their rights and obligations provided for in this Agreement and their rights and benefits shall inure to the benefit of their successors and assigns. The Customer’s rights and obligations provided for herein may not be assigned except by written consent of the Released Parties.
Our website allows you receive important updates and notice regarding your trip. All communications will be emailed to the email address provided, nothing will be mailed.