Waiver and Release of Liability
Food to be dropped off by Juli y Juan, LLC and left with Client
I hereby acknowledge that I am ordering food and drink provided by Juli y Juan, LLC, to be dropped off at a location of my choice, and to be consumed by me as the Client and other guests, after delivery. I further understand that no representative or agent of Juli y Juan, LLC will remain on the premises to monitor the condition of the food after drop off including but not limited to the care and manner of unpacking the containers, maintaining said items at recommended temperature zones and/or the time periods that the food will be left available for release to Client or Client’s guests. Juli y Juan, LLC, will not be responsible for any risk to guests of food borne illness due to improper handling or storage of food items once Client receives the delivery of the food and drink from a representative of Juli y Juan, LLC. Acceptance of the order by the Client releases Juli y Juan, LLC from all claims and liability of food borne illness at any time following the location point and time of delivery.
I understand that Juli y Juan, LLC, make no guarantees, representations or warranties, whether express or implied, regarding any food or drinks after acceptance by Client. I expressly and voluntarily assume any risk related to the consumption of food or drink and any ill effects from food or drink provided by Juli y Juan, LLC, including but not limited to food poisoning, intoxication, sickness, or allergic reaction and acknowledge that the furnishing of food at the desired location, may carry with it the potential for death, serious injury, loss and other damages.
In consideration of the risk of injury and other risks associated with providing food and/or drinks to my guests that were delivered and dropped off by Juli y Juan, LLC, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this Waiver and Release of Liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of the provision of food and or drinks to my guests and any other participants and persons that may consume food and or drinks and do hereby release and forever discharge Juliana Trujillo-Escobar, Juan Andres Rodriguez, and Juli y Juan, LLC, and their affiliates, managers, members, agents, attorney’s, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, and for any other damage, that may be suffered by any person as a direct result of providing food and or drinks as outlined above.
I AM VOLUNTARILY ACCEPTING THE DROP OFF OF FOOD AND OR DRINKS at the SITE WITHOUT MONITORING OF TEMPERATURE, LENGTH OF EXPOSURE OR CONDITIONS referenced above ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH SERVING FOOD AND OR DRINKS THAT HAVE NOT BEEN PROPERLY MAINTAINED at
recommended temperature zones or have been left out and exposed to the elements for time periods that allow the food to be exposed to food borne illness, WHICH MAY INCLUDE, BUT IS NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO THE SERVICE OF FOOD OR DRINKS, THE CONSUMPTION OF FOOD OR DRINKS BY OTHERS WHO MAY BE ALLERGIC OR HAVE FOOD SENSITIVITIES. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN PROVIDING FOOD AND OR DRINKS DURING SAID EVENT.
In the event that any provision contained within this Waiver and Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. This Waiver and Release of Liability shall be governed by and construed in accordance with the
laws and decisions of Colorado. The courts sitting in Denver, Colorado shall retain the exclusive jurisdiction over any disputes arising under or related to this Waiver and Release of Liability.
I acknowledge that I have read this “Waiver and Release of Liability” and fully understand that it is a release of liability.
I expressly agree to release and discharge Juliana Trujillo-Escobar, Juan Andres Rodriguez, Juli y Juan, LLC and all of its’ affiliates, managers, members, agents, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against said persons and entity for personal injury or property damage.
By placing an order through Toast, you are acknowledging that you have read the Waiver and Release of Liability above and are, in effect, signing the waiver and release electronically. You agree that by placing an order through Toast it is the legal equivalent of your manual signature to this waiver and release and are hereby consenting to be legally bound by the terms and conditions of this waiver and release.