This Waiver of Liability, Assumption of Risk, and Hold Harmless Agreement (this “Agreement”) is entered into by the undersigned participant (“I,” “me,” or “my”) in favor of AQUA ARDENS, LLC, a Delaware limited liability company doing business as WESTWARD WHISKEY, and its members, managers, officers, directors, owners, employees, agents, and representatives, its parent, subsidiary, and affiliated entities, its successors and assigns, and the owner and lessor of the premises where the Activities take place (collectively, the “RELEASEES”).

1. Activities.  I am voluntarily requesting to participate in one or more of the following activities at the Releasees’ distillery and premises: a distillery tour, a whiskey class or tasting, and/or related activities, including observing or being present in and around distilling, production, and bottling operations (collectively, the “Activities”).

2. Assumption of Risk.  I understand that the Activities take place in and around a working distillery and production facility and involve inherent and other risks that may result in property damage, loss, personal injury, illness, or death. These risks include, without limitation: wet, slippery, or uneven surfaces; stairs, ramps, and elevated walkways; moving machinery, forklifts, and bottling and production equipment; hot surfaces, steam, and heat; noise; barrels, glass, and heavy objects; the presence of flammable liquids, ethanol vapors, and related fire hazards; and the consumption and effects of alcoholic beverages. I am fully aware of these risks and hazards, and I knowingly and voluntarily elect to participate in the Activities and to VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ALL RISKS of property damage, loss, personal injury, illness, or death arising out of or related to the Activities, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by Oregon law. I understand that the Releasees do not require me to participate in the Activities.

3. Alcohol Acknowledgment.  I understand that the Activities may include the tasting or consumption of alcoholic beverages, and that any such consumption is entirely voluntary and is not required. I represent that if I choose to consume any alcoholic beverage, I am at least twenty-one (21) years of age, and I agree to present valid government-issued photo identification upon request. I understand that NO ALCOHOLIC BEVERAGES WILL BE SERVED TO ANY PERSON UNDER TWENTY-ONE (21) YEARS OF AGE. I acknowledge that consuming alcohol impairs judgment, coordination, and reaction time, and I agree that I am solely responsible for monitoring my own consumption and for arranging safe transportation. I AGREE THAT I WILL NOT OPERATE A MOTOR VEHICLE OR ENGAGE IN ANY HAZARDOUS ACTIVITY WHILE IMPAIRED, and I assume full responsibility for my own decisions regarding the consumption of alcohol.

4. Release and Waiver.  In consideration for being permitted to participate in the Activities, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Releasees from and against any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, injury, illness, or death that may be sustained by me, or to any property belonging to me, while participating in the Activities or while in, on, or about the premises where the Activities are conducted, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise, and whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent permitted by Oregon law.

5. Indemnification and Hold Harmless.  I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from and against any loss, liability, damage, claim, or cost, including court costs and reasonable attorneys’ fees, that the Releasees may incur arising out of or related to my participation in the Activities or my presence on the premises, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES or otherwise, to the fullest extent permitted by Oregon law.

6. Limitation.  Nothing in this Agreement is intended to, or shall be construed to, release, waive, or limit any liability that may not be released, waived, or limited under Oregon law, including liability for gross negligence or for reckless, willful, or intentional conduct. This Agreement does not limit any right or remedy that cannot lawfully be waived.

7. Binding Effect.  It is my express intent that this Agreement shall bind me and, to the fullest extent permitted by law, the members of my family, my spouse, and my heirs, assigns, and personal representatives, and shall be deemed a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the Releasees.

8. Governing Law and Venue.  This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict-of-laws principles. I agree that any mediation, suit, or other proceeding arising out of or relating to this Agreement or the Activities must be filed and maintained exclusively in the state or federal courts located in Multnomah County, Oregon.

9. Severability.  If any portion of this Agreement is held to be unlawful or unenforceable, that portion shall be severed and stricken, and the remaining provisions shall continue in full force and effect.

10. Acknowledgment.  I ACKNOWLEDGE AND REPRESENT THAT I have read this Agreement, understand it, and sign it voluntarily as my own free act and deed; that no oral representations, statements, or inducements apart from this written Agreement have been made; that I am at least eighteen (18) years of age (the minimum age to participate in a tour) and fully competent to enter into this Agreement; that I am not currently impaired by alcohol or any other substance; and that I execute this Agreement for full, adequate, and complete consideration, fully intending to be bound by it.