Thank you for arranging your tour through Vine to Wine Concierge, LLC (“VTW”). We appreciate your business and want you to have the best possible experience.
THIS IS A LEGALLY BINDING RELEASE, WAIVER OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT (the “Agreement”). Please read it carefully before signing.
In consideration for Vine To Wine Concierge (“VTW”) agreeing to provide an itinerary for wine tasting or sightseeing trips or take an individual (“Guest”) on a sightseeing and wine tasting tour (“Tour”), Guest agrees to the following terms and conditions:
Guest acknowledges and agrees that VTW is in the business of arranging travel services, sightseeing and recreational activities and winery tours. However, we do not own or operate any tour vehicles. While we make every effort to provide services with reputable companies, we cannot guarantee the performance of these companies. Guest understands and acknowledges that the Tour may involve transportation by various methods, including, but not limited to shuttle, van or bus transportation.
Guest agrees that VTW shall not be responsible for any injury or damages you may suffer in connection with your tour. You agree to look to the transportation provided, tour guide services or the applicable winery to recover any loss or damage. In all events, you expressly agree that our liability to you will be limited to a maximum of the amount you paid VTW for the itinerary and tour services.
Guest acknowledges and agrees that Guest is embarking on a sightseeing and wine tasting tour. Guest assumes the risks associated with alcohol consumption and takes full responsibility for his or her own actions, safety and welfare. Guest further understands that he or she may be a member of a group and that Guest will conduct himself or herself in a way that does not endanger Guest or the group.
Guest acknowledges and agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement or the rights and obligations of any Guest in connection with any Tour shall be governed by and construed in accordance with the internal laws of the State of Vermont without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or country’s laws. By signing this Agreement, each Guest hereby submits to the exclusive jurisdiction and venue of the Federal and State Courts in Chittenden County, Vermont and hereby waives any claim that is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.
Guest acknowledges that if there are others in your party, you have made, or will make, them aware of this waiver of liability.
Guest acknowledges that any disputes under this Agreement shall be construed in accordance with the laws of the State of Vermont and any dispute hereunder shall be filed with a mutually-selected arbitrator, with any arbitration to occur at Burlington, Vermont.
I have read this agreement, fully understand its terms and have signed it freely without any inducement or assurance of any nature and intend it to be a complete and unconditional release of liability to the greatest extent of the law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect. I hereby agree to all of the terms of this agreement.
ACKNOWLEDGEMENT OF ARBITRATION: THE PARTIES TO THIS AGREEMENT UNDERSTAND THAT IT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT, BOTH PARTIES UNDERSTAND THAT THEY WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT, UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL OR CIVIL RIGHTS LAW. INSTEAD, BOTH PARTIES AGREE TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.