If you book an event with us, we will ask you to agree to our General Terms and Conditions. Here they are.
1. Cancellation and Modifications of Event
a) Force majeure. i) If the event is cancelled due to an Act of G-d or dangerous situation, or condition beyond the control of CLIENT or THE SOMMELIER COMPANY, also including sommelier travel accidents or similar, all parties agree to reschedule the event with the same terms as stated in the initial agreement. In the event that the parties are not able to reschedule the event within 60 days of the original event date, the event will be cancelled and no refund of deposits made will be issued, but no further charges be applied. ii) If the event is interrupted or prevented from taking place for reasons stated or conditions described in section (i) above, including unforeseeable travel accidents or delays on the side of the sommelier/specialist representing THE SOMMELIER COMPANY, then THE SOMMELIER COMPANY shall be excused from such obligations as are rendered unreasonably difficult or impossible by the conditions. In such instance, THE SOMMELIER COMPANY shall have the right to determine about a potential refund of a portion of the fees paid by CLIENT to THE SOMMELIER COMPANY. Such potential refund shall be CLIENT’s sole remedy under this Agreement. Such refund will be at THE SOMMELIER COMPANY's discretion and depends partially on costs and efforts already incurred.
b) Cancellation by CLIENT (not force majeure). i) If the CLIENT cancels the event with more than 25 days notice before the designated event date, the CLIENT owes at least 50% of the Total Charges defined in section 3, to cover the costs of THE SOMMELIER COMPANY. The Deposit will not be refunded. ii) However, if the CLIENT cancels within 25 days of the scheduled event, the CLIENT is responsible for the Total Charges. Any outstanding balance will be due on the day of cancellation. Rescheduling is considered a cancellation, and terms of the replacement date can be negotiated, with or without additional cost, under the terms of this Agreement. iii) If no specific event or service date was designated in this agreement, the outstanding balance of the Total Charges shall become due on the cancellation date, there are no refunds or credits for this type of event, they will be charged in full whether cancelled or not. iv) If a scheduled event date is cancelled, but an event reschedule is explicitly requested, all outstanding event charges are applied on the day of the request.
c) Cancellation by THE SOMMELIER COMPANY (not force majeure). i) THE SOMMELIER COMPANY has the option to cancel this event or program service anytime before or after closing this contract, especially if it learns of conditions that could prevent the event from being safe or successful. In the unlikely event that THE SOMMELIER COMPANY cancels, any fee paid shall be refunded to the CLIENT. This term shall limit THE SOMMELIER COMPANY’s liability to Client so that in no event the liability can be greater than the amount of fees collected. After such refund, no further compensation is owed to CLIENT in any way or for any reason. ii) As long as CLIENT has not accepted this Contract and returned the document to THE SOMMELIER COMPANY with all sections completed, this document will only serve as proposal to CLIENT by THE SOMMELIER COMPANY proposal.
2. Potential Future Events
Potential future events following this first event can be booked and confirmed via simple email exchange. Such service bookings will be subject to all terms of this Agreement as well.
3. Acknowledgement of Risk and Restrictions on Event
a) CLIENT understands and accepts that the event activities may involve alcohol and food consumption and for that and other reasons involves the risk of injury, death, property damage or reputational and relationship damage. Client represents hereby to hold THE SOMMELIER COMPANY harmless and represents to provide necessary insurance to address claims from parties that are not part of this agreement.
b) The CLIENT agrees that THE SOMMELIER COMPANY acts on CLIENT's behalf and shall be covered by CLIENT's (or CLIENT's contractor's, customer's and supplier's) licenses and insurances for the purpose of this event. CLIENT agrees to obtain or have necessary government permits to conduct the event lawfully.
c) By its very nature, the event may involve the consumption of alcohol. For this reason, CLIENT shall ensure, by all reasonable means, including verification of identification and age of all attendees at the event, that no person in attendance at the event is below the age for lawful consumption of alcoholic beverages. Client hereby represents that this check has been performed on all attendees in advance, that no underage attendees are admitted into the tasting area, and that it is not the responsibility of THE SOMMELIER COMPANY representatives to approach attendees about legal drinking age.
d) In the event of illness or injury prohibiting the appearance of designated THE SOMMELIER COMPANY on-site staff, THE SOMMELIER COMPANY will exert every effort to provide a suitable substitute, but is not subject to liability for non-appearance. In other instances of interference prohibiting appearance, based on outside circumstances or powers, THE SOMMELIER COMPANY is also not subject to liability for non-appearance.
e) In the case of CLIENT's dissatisfaction with a specific sommelier's or speaker's event performance, it is agreed that THE SOMMELIER COMPANY has no liability or obligation for refunds based on this client impression, as long as THE SOMMELIER COMPANY has provided the overall services promised under this Agreement.
4. Indemnification and Release of Liability
a) CLIENT agrees to release THE SOMMELIER COMPANY and its representatives from all liability for any loss, damage, or injury to person or property arising from or related to the performance of this agreement. This includes, but is not limited to, all liability for damages resulting from the active or passive negligence of THE SOMMELIER COMPANY or its agents and independent contractors. CLIENT agreed to not sue THE SOMMELIER COMPANY or associated indiduals for any reason.
b) CLIENT agrees to hold harmless and completely indemnify THE SOMMELIER COMPANY, including its agents and/or contractors, from any claims, including claims of third parties, in connection to this event, whether caused by negligence or otherwise, regardless whether damages occurred before, after or during the event and regardless of the type of work performed by THE SOMMELIER COMPANY, individually and together.
c) CLIENT confirms with acceptance of this proposal the unconditional release of all liability to the greatest extent allowed by law. CLIENT explicitly waives any potentially right to damage recovery of their own or of other parties.
5. Attorney Fees
If any legal action, including for declaratory relief, is brought to enforce or interpret the provision of this contract, the prevailing party shall be entitled to recover reasonable attorney fees from the other party. These fees, which may be set by the court in the same action or in a separate action brought for that purpose, are in addition to any other relief to which the prevailing party may be entitled.
6. Intellectual Property
a) Audio or video taping of the event by the CLIENT or any audience member is permitted for CLIENT-internal and non-commercial purposes. Written consent from THE SOMMELIER COMPANY is needed in case of commercial purposes. CLIENT agrees that THE SOMMELIER COMPANY may record or photograph the event and to make reasonable use of such recordings or photographs.
b) CLIENT recognizes that THE SOMMELIER COMPANY will be sharing THE SOMMELIER COMPANY's intellectual property and as such, the CLIENT will have no claims to any rights of this property.
7. Miscellaneous Terms
a) THE SOMMELIER COMPANY shall not be deemed to be an employee of CLIENT. It shall be deemed and independent contractor. Furthermore, the arrangements contemplated by this agreement shall not be deemed to constitute a partnership or joint venture between THE SOMMELIER COMPANY and CLIENT.
b) This Agreement constitutes the entire agreement between the parties and supersedes all agreements, representations, warranties, statements, promises and understandings, whether oral or written, with respect to the subject matter hereof, and neither Partner hereto shall be bound by nor charged with any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth or specifically referred to in this Agreement, or the exhibits hereto. This Agreement may not be amended, altered or modified except by a writing sign by both parties.
c) This Agreement has been entered into in the State of California and all questions with respect to this Agreement and the rights and liabilities of the parties hereto shall be governed by the laws of that state. The parties agree that any meetings or court dates must only be arranged in the county of Orange, California, unless otherwise agreed by THE SOMMELIER COMPANY.
d) This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same agreement.
e) Each party represents and warrants that each has full authority to execute this Agreement and that the Agreement shall be binding in accordance with its terms and conditions.
f) If this contract is not accepted by CLIENT within 1 day of the date printed in the document footer line, CLIENT is no further guaranteeing the rates or services proposed. THE SOMMELIER COMPANY may decline a contract signed and returned after this period, or may offer to revise terms. The Contract is not deemed effective nor accepted by both sides until THE SOMMELIER COMPANY has received the deposit.
g) THE SOMMELIER COMPANY is hired specifically to use their expertise in the wine, spirits and sommelier field of knowledge and relationships. CLIENT delegates the specific choice of beverages and staffing to THE SOMMELIER COMPANY. THE SOMMELIER COMPANY may run proposed selection by CLIENT, but is not obligated, and specific approval is not necessary for THE SOMMELIER COMPANY to go ahead. Changes in specific staffing and other event details may be necessary based on outside circumstances or necessities related timing, even after a designated staff has been introduced, or listed in this contract. This agreement will remain valid if such changes occur.
h) During preparation, CLIENT agrees to reply to event planning details, coordination or approval requests within 2 business days to enable THE SOMMELIER COMPANY's event preparation process. If CLIENT does not reply in such timely fashion, THE SOMMELIER COMPANY is not responsible for any late deliveries or other problems that can arise during the final service execution. Any approval requests sent to CLIENT by THE SOMMELIER COMPANY can be (but don't have to be) deemed approved by THE SOMMELIER COMPANY after 4 days without response.
i) CLIENT agrees to keep a functioning credit card on file with THE SOMMELIER COMPANY. If the credit card provided in this document becomes invalid, CLIENT has to inform THE SOMMELIER COMPANY and provide information of the new card immediately. If that doesn't occur, THE SOMMELIER COMPANY may stop working and no refunds will be given or owed. Any past charges will be compensation for work so far, and THE SOMMELIER COMPANY reserves the right to cancel the event if a new card is not provided within 3 business days. In such case, any deposits made are not to be refunded to CLIENT.
j) CLIENT acknowledges that alcohols and other event utensils could potentially be delivered a few weeks or days ahead of the event. Alcohol delivery usually requires a signature. If there are any issues anticipated with taking these deliveries, CLIENT will inform THE SOMMELIER COMPANY upon execution of this contract. Receiving/accepting the delivieries related to this event will be the responsibility of the CLIENT, as long as THE SOMMELIER COMPANY dispatches to the right address, and considers timing preferences expressed by the client as far as known.
The Sommelier Company
Sommelier Capital Advisors LLC
Huntington Beach, California