Release of Liability, Assumption of Risk and Terms of Use Agreement

Please read carefully.

Real San Francisco Tours (“we” or “our”) conducts tours, activities, seminars and events (“services”). By accessing, participating in or using our services you, and all person(s) included in your booking, agree to be bound by this agreement (“agreement”).

1. Cancellation/No-Show


You agree that if you do not show up for your service with us at the time designated by us, no matter what the reason, or if you cancel your booking within forty-eight (48) hours of the tour start time you will not receive a refund or exchange.

2. Assumption of Risk.

You agree that you know and understand the scope, nature and extent of the risks involved in participating in our services. You understand these risks include, but are not limited to: defects in the streets and sidewalks, vehicles, poor visibility and carelessness or negligence of our tour guides or other participants in our services. You voluntarily, freely and expressly agree to incur all risks associated with Real San Francisco Tours services, understanding that those risks may include bodily and personal injury, damage to property, disfigurement or death.

3. Release of Liability.

You hereby release and discharge us and our tour guides, affiliates, subcontractors, sponsors, partners, agents and employees (“Releasees”) from any and all liability, claims, demands, expenses or causes of action whatsoever arising out of any damage, loss or injury to you or your property, or your death, while participating in any of our services, whether resulting from the negligence or fault, either active or passive, of any of the Releasees or from any other cause. You specifically waive any unenforceability or public policy argument that you could make or could be made on behalf of your estate or by anyone who would sue the Releasees as a result of your participation in the activities covered by this agreement.

4. Agreement Not to Sue.

You agree that neither you nor your heirs, executors, administrators, personal representatives or any one claiming on your behalf shall ever institute any lawsuit or cause of action against any of the Releasees, or initiate or assist in the prosecution of any claim for damages against the Releasees which you may have by reason of injury to your person or property, or your death, arising from the activities covered by this agreement, whether caused by the negligence or fault, active or passive, of any of the Releasees, or from any other cause. You hereby so instruct your heirs, executors, administrators, personal representatives or anyone else claiming on your behalf. Should any such lawsuit or cause of action be instituted against any of the Releasees, you agree that said Releasees will be entitled to recover from you, or anyone else claiming on your behalf, any and all legal costs incurred in the defense of such lawsuit or cause of action.

5. Indemnity Against Third Party Claims.

You agree to indemnify, defend, save and hold harmless the Releasees from any and all losses, claims, damages, expenses, actions or proceedings of any kind and character, including all legal fees and expenses, which may be presented or initiated by any other person or organization and which arise directly or indirectly from the following:

(a) Your participation in our services, whether resulting from the negligence or other fault, either active or passive, of any of the Releasees, or from any other cause.

(b) Your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and/or defense by you, in which event you agree to cooperate with Real San Francisco Tours in asserting any available defenses.

6. Representations and Warranties.

By using or participating in our services you represent and warrant the following:

(a) All information you submit is truthful and accurate;

(b) You are at least eighteen (18) years old;

(c) Your use of our services does not violate any applicable laws, rules or regulations (“Applicable Law”);

(d) If you purchase tickets our services for any third person or group, all such persons have read, understand, and agreed to be legally bound by this Agreement;

(e) If any minor participates in our services in connection with your entering into this Agreement, you accept full responsibility for all medical expenses and any other claims related to such minors’ participation and further agree to release, hold harmless, indemnify and defend the Releasees from all claims brought by or on behalf of said minor; and

(f) You have read and fully understand this Agreement and its terms and conditions.

7. Disclosure

Real San Francisco Tours may also preserve and disclose information from or about you, if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(a) Comply with any legal process.

(b) Enforce this Agreement.

(c) Protect the rights, property, or personal safety of us, our users or the public.

8. Photo and Video Release.

You hereby grant to Real San Francisco Tours and its legal representatives the irrevocable and unrestricted right to use and publish any and all photographs or video images of you, or any and all photographs or video images in which you may be included, for any purpose and in any manner and medium, also to alter the same without restriction and to copyright the same. You hereby release us and the Releasees from all claims and liability relating to said photographs or video images.

9. Personal Use Only.

Our services are for personal entertainment only and may be used for commercial purposes only if such use is authorized by us in advance. To seek permission to make commercial use of our services, write to us at [email protected]. If permission is granted, you may not change or delete any author attribution, trademark, legend or copyright notice.

10. Real San Francisco Tours Proprietary Content.

(a) All of our tour itineraries and services content (“content”) are the exclusive property of Real San Francisco Tours. Content is or may be protected by copyright, trademark, patent and other laws and we own and retain all rights in said content. Our services are a trademark of Real San Francisco Tours.

(b) Our services may contain content of Real San Francisco Tours licensors or third parties. Except as provided within this agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use such content.

(c) Recording our services, either audio or video, is expressly forbidden without our prior permission.

11. Behavior

You agree to conduct yourself in a respectful manner with anyone you encounter while using our services. This includes, but is not limited to, our employees and contractors, other guests, employees of our partners and the general public. Disrespectful behavior includes, but is not limited to, making derogatory or otherwise insulting comments or gestures, raising your voice above a level that is necessary for normal personal communication, ignoring someone who is attempting to communicate with you in a respectful way or engaging in any and all illegal activity. If we deem that you are in breach of this clause in the agreement we have full permission to deny you the use of our services. In that case you would not receive any refund at all.

12. Termination.

Real San Francisco Tours can terminate your right to use our services at any time without prior notice or explanation and without liability.

13. Contact with Real San Francisco Tours.

You agree and acknowledge that we may send messages including, but not limited to, notifications, special offers, promotions, advertisements and marketing materials in connection with our services. You can unsubscribe from our emails by following the “Unsubscribe” link contained in said emails. Unsubscribing from our emails will not stop you from receiving information specifically related to any services of ours that you have booked or prevent us from responding to emails that you send us.

14. Term.

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect at all times while you use our services.