By going on our tours you are agreeing to
our terms and conditions and accepting the risks mentioned here within.
TOURS- TERMS AND CONDITIONS
Booking conditions: if you would like to read the conditions regarding booking, cancellation and payment, you can download the booking conditions here.
Furthermore, by purchasing a ticket, you affirm that you have fully understood and agree to these Waiver of Liability, Assumption of Risk, Indemnity Agreement, and Photo and Video Release:
Waiver of Liability: I, for myself, my heirs, personal representatives or assigns, do hereby release, waive and discharge Smokey Tours their officers, agents, representatives, employees or tour guides (hereinafter called “Staff”) from liability from any and all claims including the negligence of Smokey Tours and Staff, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation on any tour offered by Smokey Tours (hereinafter called “Tour”).
Assumption of Risks: Participation on a Tour carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks include, but are not limited to: 1) all risks going to the site of a Tour, walking, bicycling or riding public transportation during a Tour and transporting myself after a Tour 2) any danger presented in the street or sidewalk including but not limited to traffic, poor lighting, hot conditions and defects in the streets and sidewalks 3) physical exertion for which I may not be prepared 4) weather extremes subject to sudden and unexpected change 5) any food or alcohol allergies I may have. Also, I understand that there may not be rescue or medical facilities or expertise which may be necessary to deal with potential injuries to which I may be exposed. I VOLUNTARILY, FREELY, AND EXPRESSLY CHOOSE TO INCUR ALL RISKS AND ALL SUCH DAMAGES associated with a Tour.
Indemnification and Hold Harmless: I also agree to indemnify and hold harmless Smokey Tours and Staff from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement on a Tour and to reimburse them for any such expenses incurred.
Photo and Video Release: Furthermore, I hereby grant Smokey Tours permission to the rights of my image, likeness and sound of my voice as recorded on a Tour without payment or any other consideration.
Severability: The ticket purchaser further expressly agrees that the foregoing waiver of liability, assumption of risk, indemnity agreement, and photo and video release is intended to be as broad and inclusive as is permitted by the law of the Republic of the Philippines and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, indemnity agreement, and photo and video release, fully understand its terms and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am making this agreement freely and voluntarily, and intend by my ticket(s) purchase to completely and unconditionally release Smokey Tours and Staff of all liability to the greatest extent allowed by law.