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Terms & Conditions

Carlsbad Food Tours Terms and Conditions – Food Tour Business Legal Contract

Effective Date: May 6th, 2014

Please read the following Terms and Conditions of Use Agreement carefully before using  the Site. The following Agreement governs your use of the Site. By accessing and using the Site, you signify and acknowledge your acceptance of this Agreement and our Privacy Policy. Please read both of these documents carefully. Your acceptance of this Agreement provides you with a limited, temporary and non-exclusive license and permission to use the resources of the Site, as well as the opportunity to purchase tickets for one of our food tasting and cultural walking tours or events.  If you do not agree to this Agreement, please do not use the Site or purchase tickets for our tours or events.


1. Intellectual Property. All information, content, services and software displayed on, transmitted through, or used in connection with the Site including, for example and without limitation, text, photographs, images, video, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by the Company You may use the Content online only, and solely for your personal, non-commercial use.


2. Infringement Complaints. The Site respects the intellectual property of other. If you believe your rights have been infringed and/or are aware of any infringing material on the Site, please contact us at the email address listed below under the heading “Contact Us”. Carlsbad Food Tours Terms and Conditions


3. Transactions and e-commerce on the Site. During your visit to the Site you may elect to engage in a transaction involving the purchase of a product or a service. To serve you most efficiently, credit card transactions and order fulfillment may be handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or off the Internet (offline). If you’re concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. The Company and the Site cannot take responsibility for the success or security of transactions undertaken or processed by third parties. 


4. Communications with Third Parties Through the Site. Your dealings or communications through the Site with any party other than the Company and the Site are solely between you and that third party. 


5. General Disclaimer and Limitation of Liability. While the Company and the Site use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content.

Use of the site is at your own risk. All content is provided “As is” and “As Available”.

6. Indemnity. You agree to indemnity, defend and hold harmless, the company and the site, tours or events offered through the site: and any violation of this agreement by you. 

7. Waiver and Release of Claims. By purchasing tickets for and/or participating in the food tasting and cultural sight-seeing walking tours (“Events”) offered the Company and in consideration for being allowed to purchase said tickets, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, said purchaser/tour participant (the “Guest”) understands, acknowledges, represents, warrants and agrees as follows, with the clear understanding that the Company will rely on the same.

  • Voluntary Participation: Guest understands and confirms that his/her participation in the Events is voluntary. 


  • Comprehension of risk: Guest fully comprehends and accepts all of the risks associated with his/her participation in the Events, known and unknown, foreseeable and unforeseeable, including without limitation, injury or death resulting from exposure to unfavorable weather conditions, food illness, adverse reactions to food and food stuffs, choking, and injuries (e.g. without exception, those arising from self-inflicted accidents or mishaps, inattention, clumsiness, other Guests, motor vehicles, bicycles, pedestrians, and the like).


  • Promotional Release: Guest grants to Company and Company’s assigns the irrevocable, sub-licensable right and license to use in any media now known or later developed, the Guest’s name, likeness, image, photograph, and/or video presence for any and all non-commercial or commercial purposes either now or later, forever, throughout the world without further obligation or compensation to Guest. 


  • Release of Liability: Guest’s participation in the events/tours is at guest’s own sole risk and unconditionally releases the company and any affiliated entities from any and all claims, damages, actions, liabilities, losses, costs and expenses in any way arising out of the guest’s participation in event.



8. Adult and Youth Ticket Classes. Please note that our Adult Tour Ticket may include several alcohol tastings. Should any of the participants redeeming the gift certificates be younger than 21 years of age, they will not be served alcohol. 

9. Gift Certificates. Gift certificates are only valid at Carlsbad Food Tours, have no cash redemption value, are not transferable, and cannot be used to pay for other gift certificates.

10. Miscellaneous. The Company and the Site reserve the right to change this Agreement at any time in its sold discretion and to notify users of any such changes solely by posting such changes. Your continued use of the Site after the posting of any amended agreement shall constitute your agreement to be bound by any such changes. 

This Agreement shall be governed by and construed in accordance with the laws of the State of California as applied to agreements entered into and to be fully performed within the State, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Company or the Site (including, without limitation, related to your participation in any tours or events) must be filed in a federal or state court located in Santa Barbara, California within 180 days of the time in which the events giving rise to such claim occurred, or you agree to unconditionally waive such claim. You agree no such claim may be brought as a class action.

This Agreement also hereby incorporates in full by this reference the Carlsbad Food Tours Terms and Conditions.