Winery Tour Agreement

WINERY TOUR AGREEMENT

This Winery Tour Agreement (the "Agreement") is entered into as of by and between Tour Operator: , Address: , and Guest: , Address: .

RECITALS

WHEREAS, Tour Operator operates and conducts guided winery tours and associated services, including wine tasting, cellar visits, and food pairings; and

WHEREAS, Guest desires to engage Tour Operator to provide a private or group winery tour on the terms and conditions set forth in this Agreement; and

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

SCOPE OF WORK

PAYMENT TERMS

Total Fee: $ payable in accordance with the schedule below.

Deposit: $ due upon booking. Balance due: $ due no later than .

Late payment will incur a late fee equal to % per month on any overdue balance, calculated daily and compounded monthly, plus any costs of collection, including reasonable attorneys’ fees.

TERM AND TERMINATION

Term Commencement Date: . Expected Termination Date: .

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within days after written notice. Tour Operator may also terminate immediately for safety concerns, severe weather, governmental restrictions, or force majeure events as described below.

CONFIDENTIALITY

Each party shall keep confidential any proprietary or non-public information disclosed by the other party in connection with the performance of this Agreement ("Confidential Information"), and shall not disclose such information to any third party except as required by law or as necessary to perform this Agreement. Confidential Information does not include information that is or becomes publicly available through no breach of this Agreement, or that was known to the recipient prior to disclosure.

LIABILITY, RELEASE, AND REPRESENTATIONS

Guest acknowledges that winery tours may involve risks, including walking on uneven terrain, proximity to production areas, and consumption of alcohol. Guest represents that they are of legal drinking age, in good health, and able to participate in the tour activities. Guest agrees to indemnify, defend, and hold harmless Tour Operator, its owners, employees, agents, and affiliates from and against all claims, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of Guest's negligence, willful misconduct, or breach of this Agreement.

By initialing below, Guest acknowledges the foregoing release and representation:

PHOTO, VIDEO, AND PROMOTIONAL RELEASE

Guest hereby grants Tour Operator a royalty-free, irrevocable license to use photographs, video, or audio recordings taken of Guest during the tour for promotional, marketing, or educational purposes. If Guest objects to such use, Guest must notify Tour Operator in writing prior to the tour.

I elect to opt out of use of my image for promotional purposes.

FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement to the extent such delay or failure is caused by events beyond its reasonable control, including but not limited to acts of God, strikes, epidemics, government action, severe weather, or other events of force majeure. The affected party shall provide prompt notice and use commercially reasonable efforts to resume performance.

GOVERNING LAW

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

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and communications, whether oral or written. Any amendment or modification of this Agreement must be in writing and signed by both parties.

NOTICES

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