TO: FINE VINTAGE LTD/LLC. (the "OPERATOR"), JAMES CLUER, AND ALL TOUR OPERATORS AND ORGANIZERS WHO PROVIDE OR MAKE AVAILABLE FACILITIES, PREMISES OR SERVICES FOR THE OPERATOR, and their respective directors, officers, employees, agents, guides, volunteers, independent contractors, representatives, successors and assigns (collectively referred to as the "RELEASEES").

DEFINITIONS

1. In this agreement, the term "Wine Tour Activities" shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Operator in relation to the Wine Tour and other such activities, events and services in any way connected with or related to the Operator.

ACKNOWLEDGEMENT – SAFETY

2. I acknowledge that I am embarking on a wine tasting tour that involves the consumption of alcohol. I take full responsibility for my actions, safety and welfare during the Wine Tour. I further understand that I will be a member of a group and that I will conduct myself in a way that does not endanger either myself or the group. I represent that I do not have and am not aware of any medical or physical condition(s) that would make it inadvisable for me to: i) participate in the Wine Tour, ii) to consume alcohol, or iii) which would result in any injury or damage to me or others as a result of my consumption of alcohol. I acknowledge that it is my responsibility to provide for my own accident and health coverage while participating on the Wine Tour. The Operator does not provide for any accident or health coverage for any of its guests.

ASSUMPTION OF RISKS

3. I am aware that participation in Wine Tour Activities involves risks, dangers and hazards including, but not limited to:

1. transportation to and from various locations,
2. visiting and touring vineyards and operating wineries including areas that may not be normally open to the public and which may be actively engaged in the production and manufacturing of wine,
3. visiting restaurants, hotels and other places including areas that may not be normally open to the public,
4. the consumption of alcohol at many times throughout the Wine Tour, and
5. the negligence of other participants or guides and negligence on the part of the Releasees, including the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of Wine Tour Activities.

4. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WINE TOUR ACTIVITIES, AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING FROM THEM. I ALSO ACCEPT RESPONSIBILITY FOR ANY PERSONAL OR PROPERTY DAMAGE CAUSED BY OR AS A RESULT OF MY PARTICIPATION IN WINE TOUR ACTIVITIES.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

5. In consideration of THE RELEASEES accepting my application to participate in Wine Tour Activities and permitting my use of their property, premises, and other facilities and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting, either directly or indirectly, from either my use of the facilities or my presence on the premises DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS DANGERS AND HAZARDS OF WINE TOUR ACTIVITIES;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any claims or demands resulting from any property damage or personal injury to any third party, which might be made against the Releasees resulting from my participation in Wine Tour Activities and my use of the premises and facilities;
3. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns and representatives, in the event of my death or incapacity;
4. That this Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington; and
5. That any litigation involving the parties to this Agreement shall be brought within the State of Washington; and
6. In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Wine Tour Activities, other than what is set forth in this Agreement.

I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING:

I. THAT I AM ASSUMING ALL RISK OF INJURY, LOSS OR DAMAGE WITH RESPECT TO THE EQUIPMENT, THE ACTIVITY I WILL BE PARTICIPATING IN AND THE USE OF THE PREMISES AND FACILITIES;

II. THAT I AM WAIVING ANY AND ALL CLAIMS ARISING FROM ANY CAUSE WHATSOEVER AGAINST THE RELEASEES, ON BEHALF OF MYSELF AND MY HEIRS, SUCCESSORS AND ASSIGNS; AND

III. THAT I WILL INDEMNIFY THE RELEASEES IF ANY SUCH CLAIMS ARE BROUGHT AGAINST THEM.

PRIVACY NOTICE: Information provided by you is used for the purpose of including you on the Wine Tour and to provide you with Wine Tour information by the Operator. Signing this Agreement conveys a right to the Operator or its assignees to independently verify information provided by you and to retain the information provided to be used in the event of any litigation associated with the provisions of these services.

1. Contract – This booking form is a contract between you and anyone else traveling with you, and Fine Vintage Ltd.
2. Confirmation – Upon receipt of your deposit we will issue you a confirmation invoice. This is your confirmation of participation in the tour.
3. Tour Price – The price of the trip is guaranteed only after you have completed the booking form and paid your deposit and received a confirmation invoice from us. We reserve the right to increase or decrease the price of the tour until such a time.
4. Transfers – You may change your booking up to 7 days before departure by transferring it to another person of your choosing if you are unavoidably prevented from traveling, provided that they accept all conditions such as room type and arrangements for sharing a room.
5. Cancellation by us – If the minimum number of bookings required have not been received then we are entitled to cancel the tour, giving you at least 100 days notice. You will receive a full refund, but no additional compensation.
6. Force Majeure – We cannot accept liability or pay any compensation where the performance of our obligations to you is prevented by force majeure. Such events include but are not limited to, whether actual or threatened, war, riot, terrorist activity, industrial dispute, epidemics, adverse weather, fire, and all similar events outside our control. If a tour is cancelled because of these events, you will be entitled to a full refund if you cancel more than 90 days prior to the start of the tour.
7. Cancellation by you – Cancellations must be notified to us in writing, and receipt acknowledged by us. If you cancel more than 90 days before the start date of the tour you will receive a full refund. If you cancel less than 90 days from the tour start date, the cancellation charges shown below will apply:
   • 90 or more days before departure: Full refund
   • 43-89 days before departure: -50%
   • 29-42 days before departure: -75%
   • 15-28 days before departure: -90%
   • 1-14 days before departure: -100%
8. Passports, Visas and Insurance – It is your responsibility to have a valid passport and any necessary Visas as well as travel and medical insurance. In the event of a medical emergency, you will reimburse us for any costs we incur in taking care of you. We strongly recommend you purchase travel insurance covering full medical expenses, medical evacuation, travel delay, cancellation and loss.
9. Property damage or loss – In the event you damage any property, full payment must be paid directly to the accommodation owner or supplier of services by yourself. In the event you lose any property from theft, we are not responsible or liable.
10. Law – USA Law will be used in the event of any dispute. All disputes will be settled in Washington State.