Tour Program Terms & Conditions

Please read this document carefully. These Terms & Conditions must be accepted to be involved in tours and/or programs operated, sponsored, or coordinated by TOUR THE Upper UPPER CUMBERLAND  LLC (a Tennessee business referred to below as “Tour the UC”) or any of its business Affiliates.

This document contains important information about Tour the UC’s programs and, by attending Tour the UC tours and/or programs, participants surrender certain legal rights in the event of an injury or other loss. Please contact us if you have any questions about this document.

RULES OF THE ROAD

Some Tour the UC tours include food and drink samples. Please note that the minimum number of samples will vary. Additional beverages beyond samples will need to be purchased by the attendee(s).  Some tours include a meal and will be specified in your itinerary when booking. While the cost of your meal may be included in your ticket price, and we cover a gratuity on the meal, we encourage you to tip the service folks at each of the stops on our tour.

 

Guidelines for Creating the Best Possible Experience:

• You are responsible for knowing and complying with these Terms & Conditions.
• Age Requirement: Tour the UC Tours are primarily designed for guests 21 years of age and older – minors are not allowed. Tour the UC will check ID’s at the commencement of each tour. If you are not 21 years of age or older, you will be denied a seat on the bus and your ticket will not be refunded. When you register for a tour, please be honest about your age.
• Drinking on the Bus: Yes! You can drink on the bus. However, we request that you do not bring alcohol with you unless purchased from a stop on the tour.
• Intoxication: We encourage you to pace yourself and use your best judgement with regard to alcohol consumption during the tour. If you become sloppy, belligerent, or disrespectful, Tour the UC staff reserves the right to end your tour. We’ll call you a cab and send you on your way.
• Puking: Yuck! If you get sick on the bus, we will charge your credit card a fee of $250 for cleaning and disinfecting the bus. It’s never happened… yet… don’t be the first!
• Liability: By purchasing your ticket for Tour the UC, you agree to assume responsibility for yourself. You also agree to indemnify and hold harmless Tour the UC, its employees, agents, and Affiliates from any and all claims and liability, including attorney’s fees and costs, for any bodily injury or property damage arising from your participation in the tour. Let’s have fun and be safe.
• Weapons: We do not allow weapons of any type on the bus. This includes firearms, knives, brass knuckles, nun chucks, ninja throwing stars, tasers, small nuclear device, or anything that could be used to harm others or yourself….such as your mother-in-law or Ex.  Leave the heat and other weapons at home.
• Contraband: You may not bring contraband (e.g., illegal drugs) onto Tour the UC vehicle. Law enforcement agencies have absolute power to stop any motor vehicle for administrative searches and any contraband, even in negligible quantities, can result in forfeit of the vehicle. Leave the drugs and other contraband at home. Oh, and no smoking on the bus. Thanks.
• Mechanical Difficulties: Ever heard of Murphy’s Law? Tour the UC reserves the right to substitute a vehicle or arrange for alternative transportation to complete the tour in the event of mechanical difficulties.
• Acts of God: If unsafe weather conditions arise, Tour the UC reserves the right to cancel tours to protect your safety and the safety of our crew. Your ticket will be refunded. If unsafe weather conditions develop during the tour, your ticket may be partially refunded. Tour the UC is not responsible for delays or cancellations caused by weather, traffic, mechanical problems, automobile accidents or other natural causes.
• Personal Items: Tour the UC is not responsible for any unattended, forgotten, left, lost, damaged, or stolen property in the vehicle at any time.
• Cancellation 1: We need a minimum number of guests (varies by tour) to fulfill a tour. If the minimum is not met, Tour the UC reserves the right to cancel the tour. Your money will be refunded, and we will work with you to get you on the next available tour.
• Cancellation 2: You will receive a full refund if you cancel your tickets more than 14 days ahead if time. There is a 50% refund if cancelled less than 14 days prior to the tour. There is no refund if you cancel with less than 48 hours before a tour.
• Last Minutes Changes: By agreeing to these Terms and Conditions, you acknowledge that there is a possibility that the tour lineup could change with no notification to you as a ticket holder. We do our best to schedule the itinerary in detail but things may happen that are out of our control, and we may need to substitute an alternate location.
• Last but not Least: You accept full responsibility for vehicle damage or special cleaning and any loss of income due to negligence or carelessness by you or your party. By accepting these Terms & Conditions, you authorize Tour the UC to charge the guaranteeing credit card for the expenses. If the guaranteeing credit card cannot be charged, you agree to pay for damages within seven days of the tour. Finally, you agree to pay for any collection expenses and/or attorney fees and costs associated with our collection efforts.
• Tour the UC reserves the right to immediately terminate service without refund to any party or person(s) who violate these Terms & Conditions. It’s never happened… yet… don’t be the first!

WAIVER AND RELEASE OF LIABILITY

In consideration of the opportunity to participate in the programs of Tour the UC [and/or its Affiliates], I understand that by purchasing a tour ticket from Tour the UC, I acknowledge and agree as follows:

1. Recreational and sightseeing activities have inherent risks, dangers, and hazards. These inherent risks, and others not specifically described, may be present in my activity with Tour the UC [and/or its Affiliates].
2. My participation in such activities and/or use of such equipment or premises may result in injury or illness including, but not limited to: bodily injury, disease, strains, fractures, partial and/or total paralysis, death, or other ailments that could cause serious disability.
3. These risks and dangers may be caused by the negligence of the owners, employees, officers, or agents of Tour the UC [and/or its Affiliates], the negligence of participants, accidents, breaches of contract, the forces of nature, or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to: guide decision making (including that a guide may misjudge terrain, weather, road, trail or water conditions), weather conditions, risk of falling out or drowning while exiting the bus and such other risks, hazards, and dangers that are integral to recreational activities that take place in a wilderness, lake, waterfalls, outdoors, recreational environment, city streets and sidewalks or other location.

By my participation in these activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the ordinary negligence or other conduct of the owners, agents, officers, or employees of Tour the UC [and/or its Affiliates], or by any other person, including myself. I also verify that I am in good health, not under the influence of any drugs of any kind, nor do I have them in my possession, and I am capable of pursuing bus tours and walking tours and my participation in one of more of these activities is entirely voluntary.

ASSUMPTION OF RISKS, WAIVER AND RELEASE, AND INDEMNITY

1. I acknowledge and assume all risks of my enrollment and participation in a program of Tour the UC [and/or its Affiliates], whatever the nature of those inherent risks may be, and whether described above or not.
2. I release Tour the UC, its owners, officers, directors, staff, contractors and Affiliates (“Released Parties”) from, and agree not to sue them for, any ordinary negligence resulting in a claim which I may have for injury, death, or other loss incurred during or in any way related to my enrollment or participation in a program of Tour the UC [and/or its Affiliates]. This Waiver and Release does not apply to acts which constitute greater than ordinary negligence.
3. I agree to defend, indemnify and hold harmless (that is, to defend and protect, including by paying liabilities, costs, and attorneys’ fees) Released Parties and all claims which I, a member of my family, another participant, or any other person, may have for any injury, death, or other loss incurred by me or caused by me related in any way to my enrollment or participation in any program of Tour the UC [and/or its Affiliates] and/or which may arise out of my time on the tour bus and off bus activities.

OTHER

I attest that I have no physical or mental condition that would cause me to be a danger to others or myself. I will promptly inform Tour the UC [and/or its Affiliates] if I require an accommodation to allow me to participate fully in the activities or program. I understand that Tour the UC [and/or its Affiliates] may refuse admission or continued participation in any activity or program at its sole discretion and that if I am asked to leave a program or activity, I will receive no refund or other compensation for that circumstance.

Any dispute which I may have with Tour the UC [and/or its Affiliates] will be submitted to mediation if not otherwise resolved. Any mediation of suit shall occur exclusively in Cookeville, Putnam County, Tennessee and I agree to the personal jurisdiction of the appropriate court of that county. Any dispute, including regarding the terms of this agreement, will be governed by the substantive laws of the State of Tennessee.

Tour the UC [and/or its Affiliates] is hereby authorized to use, without compensation, photographic, including video, images of me, for promotional or other purposes.

If any part of this Agreement is deemed unenforceable by a Court of other appropriate authority, the remainder of the agreement shall remain in force and effect. I intend this agreement to be binding on all members of my family, and on my estate and executors and administrators.

I have read the waiver and release, and by accepting these Terms & Conditions, agree that it is my intention to exempt and relieve Tour the UC, LLC [and/or its Affiliates] from liability for personal injury, property damage, or wrongful death caused by ordinary negligence or any other cause.