See Sight Tours / Tripshepherd — Tour Participation Waiver, Assumption of Risk, Release, and Covenant Not to Sue

READ CAREFULLY. THIS AFFECTS YOUR LEGAL RIGHTS.

WARNING: By signing this, you will give up certain legal rights, including the right to sue the Company for negligence.

This page is a reference copy of the waiver text. Each adult participant signs their own waiver electronically inside the Tripshepherd booking and check-in flow before the Tour begins. A booking organizer cannot sign on behalf of other adult participants.

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Participant details collected at signing

• Participant full name
• Date of birth
• Phone or email
• Booking reference
• Tour date and time
• Tour name and location
• Emergency contact name and number (optional)

Tour type (selected at signing)

• Walking / sightseeing (streets, stairs, uneven surfaces)
• Food / drink tastings
• Boat / cruise / water-based activity
• Vehicle transportation (car / van / bus)
• Attraction entry / venues / crowds
• Other

Key acknowledgements

• I confirm that I had sufficient time to read this, and I had the opportunity to ask questions before signing.
• I understand participation involves risks, including (not exhaustive) slips, trips and falls; uneven terrain; traffic and road hazards; weather; crowds; physical exertion; equipment failure; water hazards including falling overboard and drowning; food-related risks including allergens and illness; acts or omissions of other participants and third parties.
• I understand participation may increase exposure to communicable diseases and I assume that risk.
• I am medically and physically fit to participate. I will follow all safety instructions and rules provided by guides/crew and will behave responsibly.
• I accept that the itinerary may change for safety, weather, operational, or third-party reasons.
• I understand the Company does not guarantee outcomes (for example weather, visibility, queue times, availability of third-party services, or access at venues/attractions) and changes may occur for operational or safety reasons.
• If I am injured or become ill during the Tour, I authorise the Company to obtain emergency medical assistance for me and to share relevant information with emergency responders.
• I understand I am responsible for my medical expenses and related costs, unless prohibited by applicable law.
• For group bookings, each adult participant must complete and sign a separate waiver. A booking organiser cannot sign on behalf of other adult participants.
• I understand the Company requires waivers to be completed at least 24 hours before the Tour start time where reasonably possible. Day-of signing may be permitted only in limited cases (for example late bookings or technical issues) and must be completed before participation.
• Minors cannot participate unless the guardian section of this waiver is completed in full before the Tour begins.
• I confirm I understand this document, or I have had it explained / translated to me.

Food and allergy acknowledgement

One of the following is selected at signing:

• Not applicable — no food or drink included.
• Applicable — I understand food / drink may involve allergens and cross-contamination, and the Company cannot guarantee an allergen-free environment. I have disclosed allergies / dietary restrictions in advance.

If applicable, I confirm the allergy / dietary information disclosed is complete and accurate, and I understand the Company cannot guarantee an allergen-free environment.

Watercraft acknowledgement

One of the following is selected at signing:

• Not applicable — no watercraft.
• Applicable — I understand risks include wet / slippery surfaces, motion, boarding / exiting, falls, drowning, hypothermia and seasickness. I will follow crew instructions and wear safety gear if required.

Transportation acknowledgement

One of the following is selected at signing:

• Not applicable — no transportation.
• Applicable — I understand risks include vehicle incidents, traffic, boarding / exiting, and actions of other road users. I will follow safety rules (including seatbelts where available).

Assumption of risk

I voluntarily assume all risks of injury, illness (including communicable diseases), death, or property loss arising from or related to my participation, whether occurring on foot, in a vehicle, on water, at venues, or during any related activity connected to the Tour.

Release of liability including negligence

I understand that I am releasing the Company even if it is negligent (careless), where permitted by law. In consideration of being permitted to participate, I waive and release any and all claims that I have or may have against See Sight Tours / Tripshepherd and their owners, officers, directors, employees, contractors / guides, agents, affiliates, successors and assigns (together, the "Company") arising from or related to the Tour, including claims for the Company's negligence, except to the extent such release is prohibited by applicable law. I understand I am giving up the right to sue the Company for negligence (carelessness), where allowed by law. For clarity, nothing in this agreement releases or excludes liability where such release / exclusion is not permitted by applicable law.

Covenant not to sue

I agree that I will not sue or commence any legal proceeding against the Company for any claim released by this agreement.

Indemnity

I agree to indemnify and hold harmless the Company from claims, losses, or costs (including reasonable legal fees) arising from my own acts or omissions, including damage I cause to persons or property during the Tour.

Personal property

I understand the Company is not responsible for loss, theft, or damage to my personal property (including phones, passports, jewellery, and bags). I am responsible for always securing my belongings, including in vehicles, at venues / attractions, and on watercraft.

Terms, privacy, and e-sign consent

I have read and agree to the Company's Terms and Conditions and Privacy Policy.

I consent to electronic signature and to receiving and storing this agreement electronically. I understand the Company may rely on this record as proof of acceptance.

Limitation period

Any claim that is not lawfully released by this agreement must be brought within the applicable limitation period required by law.

General

Definitions

• Company means See Sight Tours / Tripshepherd and its owners, directors, officers, employees, contractors / guides, agents, affiliates, successors and assigns.
• Tour includes all activities connected to the booked experience, including walking segments, transportation, watercraft segments, venue / attraction entry, and related activities before, during, and immediately after the tour.

Safety and participation

I understand the Company may refuse participation or remove me from the Tour if I appear unfit to participate safely (including due to impairment), behave unsafely, or do not follow guide instructions. Any refunds, if applicable, are governed by the Company's Terms & Conditions.

I will not participate while under the influence of alcohol, cannabis, or any drug / medication that could impair my judgment, balance, or mobility.

Third-party services

I understand that some elements of the Tour may involve third-party providers (for example venues, attractions, boat operators, or transport providers) and the Company cannot control their acts or omissions.

Legal housekeeping

If any part of this agreement is found unenforceable, the remaining parts continue in effect.

This agreement, together with the Terms & Conditions and Privacy Policy acknowledged above, forms the entire agreement regarding Tour participation and liability.

Governing law and venue

This agreement is governed by the laws of Ontario and the federal laws of Canada applicable in Ontario, and any dispute shall be brought in Ontario. However, if the Tour takes place outside Ontario, mandatory consumer protection rules or other non-waivable local laws of the place where the Tour occurs may apply despite this clause.

Photo / video consent

At signing, the participant selects either:

• Yes — I consent to the Company using my image / likeness for marketing / promotional purposes.
• No — I do not consent. The Company will take reasonable steps not to use identifiable images of me in marketing materials.

If I am unintentionally captured, I can request removal and the Company will act within a reasonable time.

Attendance confirmation and dispute records

I confirm that my booking reference relates to my participation in the Tour, and I understand the Company may record and rely on reasonable participation evidence (for example check-in / manifest records, ticket scans, guide confirmation, timestamped communications, transportation boarding records, and operational logs) and may share such evidence with payment processors, banks / card networks, OTAs, insurers, and dispute-resolution bodies only to respond to refund disputes, chargebacks, or attendance-related complaints, subject to applicable privacy law.

Signature

The waiver is signed electronically inside the Tripshepherd booking and check-in flow. The signature record includes:

• typed and / or drawn signature;
• printed name;
• date of signing;
• IP address and user agent of the signing device;
• waiver text version;
• timestamp from the device and from the server.

The participant separately confirms:

• they are the participant named on the waiver and are attending the Tour on the stated date and time;
• they are 18 years of age or older and are signing for themself.

If the participant is under 18 (mandatory)

The parent or legal guardian must complete the guardian section before the Tour begins. The guardian represents that they have full authority to sign and agrees to all terms on behalf of themself and the minor, and agrees to the release and indemnity provisions on behalf of themself and the minor to the extent permitted by applicable law.

The guardian section captures:

• the minor's name;
• the minor's date of birth;
• the guardian's signature, printed name, and date.

Minors cannot participate unless the guardian section is completed in full before the Tour begins.

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Schedule 1 — Quebec addendum (applies only to Tours in Quebec)

This Schedule applies only if the Tour takes place in Quebec. If there is any inconsistency between this Schedule and the main waiver, this Schedule governs for Quebec Tours.

For Quebec Tours, this agreement is governed by the laws of Quebec and the federal laws of Canada applicable in Quebec. Any dispute shall be brought in the courts of Quebec, district of the place where the Tour occurs, unless mandatory consumer rules require otherwise.

The Parties agree that the release, waiver, limitation of liability, covenant not to sue, and indemnity provisions in the main waiver apply only to the extent permitted by applicable Quebec law and do not apply where prohibited by law (including where liability cannot legally be excluded or limited).

Nothing in the waiver is intended to waive or restrict rights that cannot be waived under Quebec law, including any mandatory statutory protections.

If any part of the waiver is unenforceable in Quebec, the remainder fully continues in effect to the extent permitted by Quebec law.