RELEASE FROM LIABILITY, ASSUMPTION OF RISK AND ARBITRATION CLAUSE
THIS AGREEMENT IS IMPORTANT. IT INCLUDES TERMS AND CONDITIONS AND RELEASES VINO N’ JOY LLC FROM LIABILITY. IT MUST BE SIGNED BY ALL PARTICIPANTS.
LIABILITY DISCLAIMER
Vino N’ Joy LLC does not own or operate any entity that provides goods or services for your trip (including, for example, hotels, facilities, vessels, buses, vans, or other transportation companies, local ground operators, excursion providers or organizers, food services, etc.). All such persons and entities are independent contractors.
As a result, Vino N’ Joy LLC is not liable for any negligent or willful act or failure to act by any such person or entity, or by any other third party. Without limitation, Vino N’ Joy LLC is not responsible for any injury, loss, or damage to persons or property, death, delay, or inconvenience in connection with the provision of any goods or services, whether occasioned by or resulting from—without limitation—acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities (or the threat thereof), overbooking or downgrading of accommodations, structural or other defects in hotels or other lodging facilities, mechanical or other failures of airplanes or other means of transportation, or any failure of any transportation mechanism to arrive or depart in a timely or safe manner; dangers associated with or bites from animals, pests, or insects, marine life or vegetation of any kind; hazards incident to recreational activities such as swimming, hiking, or bicycling; sanitation issues; food poisoning; lack of access to or quality of medical care; difficulty in evacuation in the event of a medical or other emergency; illness, epidemics (or the threat thereof); or any other cause beyond the direct control of Vino N’ Joy LLC.
In addition, I hereby release Vino N’ Joy LLC from liability for its own negligence, to the fullest extent permitted by law, and assume all risk thereof.
PHOTOGRAPHIC RELEASE:
Vino N’ Joy LLC may take photographs and video recordings during its trips, including of trip participants. I hereby grant Vino N’ Joy LLC permission to use these images and video footage for promotional and commercial purposes without any compensation to me.
CHANGES TO THE ITINERARY:
Vino N’ Joy LLC reserves the right to change hotels, itineraries or other features of the trip if necessary or Vino N’ Joy LLC believes it will enhance the safety, comfort or enjoyment of the trip.
ASSUMPTION OF RISK:
I understand that the trip I am undertaking involves potentially hazardous activities and carries a risk of illness, injury, or death. These risks may be caused by natural forces, animals, insects, vegetation, the negligence of Vino N’ Joy LLC, or other persons and companies—whether known or unknown—as well as by the willful or criminal actions of third parties. I also acknowledge that medical services and facilities may not be readily available or accessible during some or all the trip. In order to fully enjoy and participate in this trip, I acknowledge and voluntarily assume all risks and uncertainties involved, recognizing that they are an inherent part of my experience. I hereby accept and assume full responsibility for any and all risks of illness, injury, or death, including those arising from the negligence of Vino N’ Joy LLC, and agree to hold harmless and release Vino N’ Joy LLC from any claims resulting from third-party negligence.
TRAVELER RESPONSIBILITY:
Participants must be at least 21 years old.
Travelers are responsible for reading all pre-departure information, and for obtaining their own travel documents.
Travelers are responsible to choose the type of tour that is appropriate to their physical abilities and ensuring they are in sufficiently good health to participate in the trip.
By taking part in the trip, I certify that I have adequate insurance to cover any injury or damage I may suffer while participating. Additionally, I certify that I have no medical or physical conditions that could interfere with my safety in this activity.
ALCOHOL CONSUMPTION RESPONSIBILITY:
According to U.S. regulations on alcohol consumption, participants must be at least 21 years old.
As part of the trip experience, wine will be offered and served. Each participant is solely responsible for their own alcohol consumption and must drink in moderation to avoid intoxication. By participating in this trip, I acknowledge that I am responsible for managing my alcohol intake and assume all risks associated with excessive consumption. Vino N’ Joy LLC shall not be liable for any injuries, damages, or other adverse consequences resulting from overconsumption of alcohol.
VOLUNTARY PARTICIPATION:
I acknowledge that I have voluntarily applied to participate in the trip designated on this application and that I have read the trip description as it appears in the current Vino N’ Joy catalog, as well as in any related supplements or brochures, along with all information contained in this application. I am voluntarily participating in this trip with full knowledge of the potential hazards involved.
BINDING ARBITRATION:
I agree that any dispute arising out of or related to this contract, the brochure, or any other literature concerning my trip—or the trip itself—shall be resolved exclusively through binding arbitration in Boston, Massachusetts, in accordance with the current commercial rules of the American Arbitration Association. Such arbitration proceedings shall be governed by the substantive law of Massachusetts, without regard to its procedural rules.
I further agree that the arbitrator, and not any federal, state, or local court or agency, shall have the sole and exclusive authority to determine all issues relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including, without limitation, any claim that all or any part of this contract is void or voidable.
I acknowledge that by agreeing to this clause, I am waiving my right to seek resolution of any such dispute in any court, and I accept that binding arbitration is my sole remedy under this agreement.
PRIVACY AND DATA COLLECTION DISCLAIMER:
By signing this agreement, I acknowledge and consent that Vino N’ Joy may collect, use, and store my personal information as necessary for providing the services, in compliance with all applicable U.S. privacy laws. While Vino N’ Joy maintains reasonable security measures to protect my data, I agree that Vino N’ Joy shall not be liable for any unauthorized access, loss, or disclosure of my information except as required by law.
KNOWING AND VOLUNTARY EXECUTION:
I have carefully read this Agreement, the Terms & Conditions, and other literature regarding my trip, and fully understand their contents. I am aware that this is a release of liability and a contract between myself and Vino N’ Joy LLC, and I sign it of my own free will.
