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TERMS AND CONDITIONS

Please read the following Terms and Conditions. Your participation in a wine tour with Cork and Keg Tours means you agree to the following:

Booking & Rates

  • Non-refundable deposit is required at the time of booking. Full payment is due on the second Monday prior to your tour.

  • Accepted methods of payment include credit card.

  • All tours and vehicles are private for your group unless otherwise agreed upon.

  • Cork and Keg cannot guarantee a specific concierge unless specifically agreed upon prior to the tour.

 

Cancellation or Changes

  • If a guest cancels a tour within 14 days of the date of a tour, no refund will be given absent exigent circumstances, which shall be at the sole discretion of Cork and Keg Tours.

  • In the case of inclement weather, Cork and Keg Tours reserves the right to modify, shorten, or cancel any tour to prevent damage to vehicles or to avoid unsafe conditions. Full refunds, or the option to re-book will be provided if we are unable to run a tour due to bad weather or other cancellations.

  • Guest understands that unforeseen traffic due to weather, accidents, or road work may affect the timing of pick up or drop off, and may cause delays during the tour.

 

Alcohol Consumption

  • All tour guests must be 21 years of age or older and must provide proof if asked.

  • Cork and Keg Tours and any concierge has the ability and right to end a tour at any time due to over-consumption of alcohol and/or related sickness.

  • Guests will be fully responsible for any charges related to sickness in a vehicle due to alcohol consumption, and a minimum haz-mat cleaning fee of $800 will be assessed.

  • Cork and Keg Tours is not responsible for any wineries determination not to serve alcohol to a Guest. No refunds will be given if a winery refuses service to a Guest.

 

Conduct/Damage to Vehicles

  • Guest and all passengers in Guest’s party are expected to conduct themselves in a manner not injurious to themselves, to third parties, or to the vehicle.

  • Guest and/or passengers in Guest’s party are responsible for any damages to the vehicle caused by them.

  • If Cork and Keg Tours is unable to fulfill a tour due to damaged caused, to depositor and/or responsible party will cover all repair/cleaning and lost incomes.

  • Cork and Keg Tours reserves the right to expel any person from a vehicle or terminate a tour in the event of a violation of any of these conditions by any passenger. If at any time the tour is terminated due to unruly conduct, damage to the vehicle, or abuse of any kind that we deem valid, no refund will be made. Cork and Keg Tours reserves the right to refuse service as it deems appropriate.

 

Additional Terms

  • Smoking is prohibited in all vehicles at all times.

  • Pets are not permitted.

  • Cork and Keg Tours is not responsible for lost or damaged items or any items left in the vehicle during or after use of our services.

  • Cork and Keg Tours is not responsible for Guest or anyone in Guest’s party once the tour has concluded and you have been dropped off. Please watch your alcohol intake and please do not drink and drive.


 

WAIVER AND RELEASE NOTICE

All guests who book and/or participate (the “Guest”) in a tour with Keg Tours Loudoun LLC (“C&K”) hereby agrees to the following:

  1. Guest acknowledges and agrees that Guest is embarking on a sightseeing and wine/brew tasting tour, which involves potentially dangerous activities, as well as the consumption of alcohol. Guest assumes the risks associated with the Tour activities.

  2. 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 will 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.

  3. Guest agrees to exercise ordinary and reasonable care at all times, and to not imbibe alcohol to the extent that Guest’s judgment is impaired. Guest understands and acknowledges that many of the activities on the Tour involve the consumption of alcohol, including, but not limited to, various wines, beers, and spirits. Guest understands the potential risks associated with the consumption of alcohol and acknowledges that Guest does not have or is not aware of any medical condition(s) that would prevent Guest from consuming alcohol or would result in any injury or damage to Guest as a result of Guest’s consumption of alcohol. Guest acknowledges and agrees that C&K shall not be responsible or liable for any accident, injury, theft, loss or damage caused by Guest’s impaired judgment or negligence.  Guest waives any claim which Guest, Guest’s heirs, successors assigns, spouse, family members or legal representatives may have against C&K arising from or as a result of any such accident, injury, theft, loss or damage caused by Guest’s impaired judgment or negligence.

  4. Guest acknowledges that it is Guest’s responsibility to provide for Guest’s own accident and health coverage while participating on the Tour. C&K does not provide for any accident or health coverage for any of its guests.

  5. Guest understands and acknowledges that the Tour involves transportation by various motor vehicles, including, but not limited to shuttle, van or bus transportation. Guest acknowledges and understands the inherent risks associated with these methods of transportation and acknowledges that Guest does not have any medical condition(s) that would prevent Guest from using these methods of transportation or result in any injury or harm to Guest as a result of using these methods of transportation. While Guest understands and agrees that C&K will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the Tour, Guest understands that C&K assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles.

  6. In consideration of Guest’s participation in the various activities that comprise the Tour, Guest understands and accepts the risks associated with participation in these various activities and agrees that neither C&K, nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with C&K, will be liable for any personal injury, death or damage of any kind whatsoever, unless caused by C&K’s gross negligence or intentional malfeasance.

  7. Guest agrees and acknowledges that C&K shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the Tour by Guest, which may occur on or during the Tour. Guest hereby expressly waives any claim which Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives may have against C&K arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that Guest brings on the Tour is brought at Guest’s sole risk and is Guest’s sole responsibility.

  8. Guest assumes the risk of and releases, defends, and holds C&K harmless for any liability, for any death, physical or other injury, loss, or harm suffered by during or as a consequence of Guest’s participation or presence in or on any activity that comprises the Tour under any circumstances unless caused by C&K’s gross negligence or intentional malfeasance. Therefore, Guest agrees to indemnify, defend, and hold C&K harmless against any liability, damages, defense costs (including attorneys’ fees), or from any other costs incurred in connection with any claims for bodily injury, wrongful death, or property damage brought by Guest, Guest’s heirs, successors, assigns, spouse, family members, or legal representatives, except to the extent that any loss or damage is caused by C&K’s gross negligence or intentional malfeasance.

  9. This Agreement shall be binding on Guest’s agents, heirs, and successors or assigns, and shall apply to all sponsors, officers, officials, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with or connected to C&K in anyway.

  10. Guest acknowledges and agrees that Guest has read and agrees to the Terms & Conditions as found on the website.

  11. Guest hereby gives full consent to C&K to use and publish Guest’s likeness on C&K’s advertisements; Guest acknowledges that C&K does not have to compensate Guest in any way for the use of Guest’s likeness on C&K advertisements.  Likenesses include, but are not limited to photographs, images, renderings, and drawings of Guest.  Advertisements include, but not limited to C&K’s website as well as any brochures, bulletins, digital advertisements, web-based advertisements, and printed advertisements in newspapers and/or magazines.

  12. Guest agrees that under no circumstances shall C&K be liable for any consequential, special, indirect, incidental, exemplary or punitive damages of any kind or nature whatsoever, regardless of whether arising from breach of contract or tort, even if C&K was advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen by C&K.

  13. To the fullest extent permitted by Law, all parties to this agreement voluntarily and knowingly, WAIVE THE RIGHT TO A TRIAL BY JURY after consulting with counsel (or after having waived the opportunity to consult with counsel).  THE RIGHT TO A TRIAL BY JURY IS A RIGHT PARTIES WOULD OR MIGHT OTHERWISE HAVE HAD UNDER THE CONSTITUTIONS OF THE UNITED STATES OF AMERICA AND THE COMMONWEALTH OF VIRGINIA.  THIS WAIVER APPLIES IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING DIRECTLY OR INDIRECTLY TO THE TERMS OF THIS AGREEMENT.  The parties’ reciprocal agreement to the waiver set forth in the foregoing sentence is a material inducement to the parties’ respective agreements to the other terms of this Agreement.

  14. The parties to this agreement agree to cooperate by supporting and fully participating in all efforts to resolve disputes, complaints, claims and other problems that arise or are related to this agreement through mediation or through binding arbitration in accordance with the principles of the Uniform Arbitration Act, and other related laws of the Commonwealth of Virginia. THE PARTIES MAKE THE FOREGOING COMMITMENT WITH FULL KNOWLEDGE THAT BY AGREEING TO SUBMIT DISPUTES TO BINDING ARBITRATION, THE PARTIES ARE AGREEING NOT TO RESORT TO THE COURTS OR THE JUDICIAL SYSTEM, AND ARE WAIVING THEIR RIGHTS TO DO SO.  Should the parties not be able to resolve their dispute through mediation, each party will voluntarily submit to binding arbitration and shall appoint their own arbitrator. These arbitrators shall select a mutual third arbitrator, thus forming an “Arbitration Panel” that will then proceed to schedule the matter for disposition. In the event that the individual arbitrators are unable to agree on a neutral arbitrator, either party shall have the right to petition the Loudoun County Court of Common Pleas to appoint a neutral arbitrator. In order to initiate the binding arbitration process, either party will submit a written request for arbitration to the other party, within a reasonable time following the unsuccessful mediation of their dispute. 

  15. 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 Commonwealth of Virginia 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. If paragraph fourteen (14) is found to be unenforceable, then each Guest hereby submits to the exclusive jurisdiction and venue of the state courts in Doylestown, Bucks County, Virginia 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. 

 

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS AND HAVE SIGNED IT FREELY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANYONE 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.

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