Wine Tour Reservation and Agreement

Wine Tour Reservation and Agreement

Agreement made on the day of , 20 , between of , referred to herein as Client, and , Inc., a corporation organized and existing under the laws of the state of , with its principal office located at , referred to herein as Company.

Whereas, Company owns and operates a wine touring business at the address set forth above; and

Whereas, Client desires to participate in a tour on the day of , 20 ;

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Company will take Client on a wine tour described as follows:

(Describe tour including meals), hereinafter referred to a Tour.

2. In consideration of participating in Tour, Client shall pay to Company the sum of $ in advance.

3. During the term of the agreement, Company shall devote as much productive time, energy and abilities as is needed and necessary to perform the required duties in a timely and productive manner. Client understands and agrees that up to additional clients will be on Tour.

4. Client agrees that he/she will travel on Tour at his/her own risk, whether accompanied by a member of the staff of Company or not. Company shall not be held responsible for any injuries, however caused. Client agrees that Company will not be liable for any losses or expenses due to terrorism, civil unrest, sickness, theft, fire, adverse weather conditions, airline or other travel arrangements. Client agrees further that Company will also not be responsible, individually or severally, for any injury or damages that Client may experience, including but limited to physical injury, death, delay, accident, loss or damage to any person or property while on the Tour.

5. Client agrees to behave in such a manner so as not to disrupt the enjoyment of other clients taking part in the Tour. Any such disruptive behavior of Client may result in Client being expelled from Tour without refund of any payments that have been made to Company by Client.

Any damages and breakages whether accidental or deliberate will be charged to the Client and must be paid for before the Tour has been completed.

6. Notwithstanding the foregoing, and anything herein to the contrary notwithstanding, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

7. It is agreed that no waiver or modification of this agreement or of any covenant, condition, or limitation contained in it shall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this agreement, or the rights or obligations of any party under it, unless such waiver or modification is in writing, duly executed by the parties. The parties agree that the provisions of this paragraph may not be waived except by a duly executed writing.

8. The parties agree that it is their intention and covenant that this agreement and performance under it and all suits and special proceedings relating to it be construed in accordance with and under and pursuant to the laws of the State of and that in any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this agreement, the laws of said State shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted.

WITNESS our signatures as of the day and date first above stated.