Legal Alcohol Letter

LEGAL ALCOHOL LETTER

This Legal Alcohol Letter (the "Letter") is made and entered into on this day of , by and between Provider Name: , a Corporation LLC Individual, with principal address ; and Venue Name: , a Corporation LLC Individual, with principal address .

RECITALS

WHEREAS, Provider is duly authorized and certified to procure, supply, and/or serve alcoholic beverages and represents that it maintains all required permits, licenses, training, and insurance necessary to perform such services in the jurisdiction where the Event will occur; and

WHEREAS, Venue operates or controls the premises known as and desires that Provider supply and/or serve alcoholic beverages at the Event described below in accordance with applicable law; and

WHEREAS, the parties intend by this Letter to allocate responsibilities, set standards for lawful service, and provide indemnities and insurance protection in connection with the supply or service of alcoholic beverages at the Event.

NOW, THEREFORE

In consideration of the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Letter, "Alcohol" means fermented, spirituous, vinous or malt liquors regulated by applicable state and local law. "Event" means the gathering to be held on , at the location identified above.

2. SCOPE OF AUTHORITY

Provider is authorized to supply, possess, transport and serve Alcohol at the Event only to the extent expressly set forth herein. Provider shall at all times conduct supply and service in compliance with applicable federal, state and local statutes, ordinances, regulations and administrative rules governing the sale, distribution, and service of alcoholic beverages.

3. LICENSES, PERMITS AND REPRESENTATIONS

Provider represents and warrants that it holds the following licenses and permits necessary to perform the services described herein:

4. SERVICE STANDARDS AND RESTRICTIONS

Provider shall (a) not serve Alcohol to any person under the legal drinking age or otherwise intoxicated; (b) implement reasonable measures to prevent over-service; (c) require photographic identification for anyone who appears under the age of twenty-seven (27); and (d) comply with Venue rules as reasonably related to public safety. Provider shall employ only personnel who have received responsible service training.

5. SUPPLY, INVENTORY AND CONTROL

Provider shall maintain accurate records of Alcohol supplied and served and shall make such records available to Venue or regulatory authorities upon lawful request. The projected quantity of Alcohol to be supplied is . Any deviation that materially increases risk shall be promptly communicated to Venue.

6. INSURANCE

Provider shall obtain and maintain, at its sole cost, commercial general liability insurance and liquor liability insurance with limits no less than per occurrence, naming Venue as an additional insured to the extent permitted by the insurer. Provider shall furnish certificates of insurance upon request.

7. INDEMNIFICATION

Provider shall indemnify, defend and hold harmless Venue, its officers, directors, employees and agents from and against any and all claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising out of or resulting from Provider's breach of this Letter, negligent or willful acts or omissions in connection with the supply or service of Alcohol, or failure to comply with applicable law.

8. LIMITATION OF LIABILITY

Except for liability arising from gross negligence or willful misconduct, neither party shall be liable to the other for special, indirect, incidental or consequential damages, lost profits, or loss of business.

9. TERMINATION

This Letter may be terminated by either party upon written notice if the other party breaches any material obligation hereunder and fails to cure within seven (7) days after receipt of written notice specifying the breach. Termination shall not relieve Provider of obligations to indemnify for acts or omissions occurring prior to termination.

10. NOTICES

All notices required or permitted under this Letter shall be in writing and delivered to the parties at the addresses below by hand, certified mail (return receipt requested), or nationally recognized overnight courier and shall be effective upon receipt.

11. GOVERNING LAW

This Letter shall be governed by and construed in accordance with the laws of the state of without regard to conflict of laws principles.

12. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENTS; WAIVER; COUNTERPARTS

This Letter constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings, written or oral. If any provision is held invalid or unenforceable, such provision shall be modified or severed to the minimum extent necessary so that the remaining provisions shall continue in full force and effect. No amendment or modification of this Letter shall be effective unless in writing and signed by both parties. Failure to enforce any right shall not constitute a waiver thereof. This Letter may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

CERTIFICATIONS

Provider certifies that the information provided in this Letter is true and correct and that Provider will maintain required insurance and licenses through the date of the Event and for a reasonable period thereafter as required by law or this Letter. Venue certifies that it has authority over the premises and consents to Provider's performance as described herein, subject to compliance with applicable law.

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