Fancy Sips will provide Client’s requested instructor for the Workshop (the “Instructor”) and execute the Workshop (all, the “Services”) on the terms and conditions set forth below:
Instructor. Fancy Sips does its best to ensure your requested Instructor is available for the Workshop. However, Instructor’s obligation to provide Services at the Workshop is subject to the unavailability of the individual Instructor as a result of sickness, accidents, acts of God and other reasons beyond the Instructor’s control (each, a “Force Majeure Event”). If a Force Majeure Event should occur that prevents the Instructor from participating in the Workshop, Fancy Sips will, if possible, provide another individual instructor for the Workshop or will terminate this Agreement and issue a full refund. By booking a class, Client relieves Instructor and Fancy Sips from any responsibility or liability whatsoever if there should be any damages incurred to Client, any Workshop attendee (each, an “Attendee”), or any other party member, due to sensitivity or allergic reaction from products used during Services. Client acknowledges that Services are commissioned at Client and each Attendee’s own risk.
Payment terms: By booking a Workshop, you agree to pay your invoice balance (“Class Fee”) in full, in advance of the Workshop date. If your invoice remains unpaid for a period of 30 days after receipt of notice of nonpayment, Fancy Sips reserves the right to cancel your Workshop and re-open the date of your Workshop on its calendar. The fee will remain unchanged, regardless of whether each anticipated Attendee actually attends the Workshop.
Cancellation policy: The Class Fee is non-refundable if you cancel or reschedule less than 14 days before your Workshop. If, after booking the Workshop, you do not attend or otherwise miss your scheduled time, you forfeit the Class Fee. If you cancel your Workshop more than 14 days in advance, your Class Fee will be fully refunded (minus a non-refundable $150 booking deposit per Workshop).
Intellectual Property. You acknowledge Fancy Sips’ exclusive rights in the FANCY SIPS word and logo trademarks and service marks (the “Trademarks”). Under no circumstances will you acquire any ownership rights or other interest in any content by or through your attendance at a Workshop. All Trademarks, writings, recordings (whether audio, visual, or audiovisual), presentations, software, content, slide shows, text, literature, recipes, instructions, graphic designs, and other designs available throughout the course of the Workshop (the “Intellectual Property”) are the sole and exclusive intellectual property of Fancy Sips and are protected under applicable copyright, patent, trademark, and other proprietary rights. You may only use the Intellectual Property as expressly permitted by this Agreement. Any copying, redistribution, use or publication by you of any such Intellectual Property or any part of the Workshop is prohibited, except as expressly permitted in this Agreement.
Permitted Uses; Grant of Rights. All Intellectual Property accessed through the Workshop is for your personal and non-commercial use, unless otherwise specified. You may not use, publish, or display any Intellectual Property provided during or in connection with the Workshop for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Fancy Sips. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any Intellectual Property, or products or services obtained from or otherwise transmitted by Fancy Sips.
Non-Solicitation. During the term of this Agreement and for two (2) years after the termination and/or expiration of this Agreement, neither party will, directly or indirectly, individually or on behalf of any other person or entity, do, prepare to, or attempt to (or assist anyone else in doing, preparing to, or attempting to) encourage, solicit, or otherwise persuade any employee, intern, officer, owner, or contractor of the other party to leave the employment of or engagement by that party, violate any confidentiality, non-competition, employment, or similar such agreements with that party, or violate any policies of that party, without advance written approval from that party.
DISCLAIMER/WARRANTIES. FANCY SIPS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS AGREEMENT. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND FANCY SIPS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON FANCY SIPS’ RECEIPT IN PAYMENT IN FULL FOR THE PRODUCTS OR SERVICES TO BE WARRANTED. FANCY SIPS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. FANCY SIPS’ RESPONSIBILITY FOR WARRANTY CLAIMS RELATING TO ANY PHYSICAL PRODUCTS IS LIMITED TO THE MANUFACTURER’S WARRANTY IN EFFECT, IF ANY. FANCY SIPS RESERVES THE RIGHT TO MODIFY ITS WARRANTY AT ANY TIME, IN ITS SOLE DISCRETION. FANCY SIPS DOES NOT WARRANT ANY SOFTWARE USED IN PERFORMING THE SERVICES. Some states limit or disallow certain disclaimers of warranties, so certain portions or all of the above disclaimers may not apply to you, in which case this disclaimer shall apply to the maximum extent under applicable law.
Limitation of Liability: EXCEPT WITH RESPECT TO EACH PARTY’S CONFIDENTIALITY AND INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE WORKSHOP, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WITH THE EXCEPTION OF ANY DAMAGES INCURRED AS A RESULT OF EITHER PARTY’S BREACH OF ITS CONFIDENTIALITY, INTELLECTUAL PROPERTY, AND/OR INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS AGREEMENT. IF, DESPITE THIS LIMITATION ON LIABILITY, LIABILITY IS NEVERTHELESS IMPOSED ON A PARTY — AGAIN, WITH THE EXCEPTION OF BREACH OF CONFIDENTIALITY, INTELLECTUAL PROPERTY, OR INDEMNIFICATION OBLIGATIONS — THE TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT UNDER THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT FAIL IN THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL FANCY SIPS BE LIABLE TO CLIENT OR ANY THIRD PARTY WITH REGARD TO ANY PRODUCTS, WITH REGARD TO THE CIRCUMSTANCES SET FORTH IN PARAGRAPH 9, OR WITH REGARD TO ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM OR MANUFACTURED BY THIRD PARTIES, and CLIENT WAIVES ANY RIGHT TO PURSUE ANY CLAIM, DEMAND, OR CAUSE OF ACTION AGAINST FANCY SIPS FOR SUCH. Fancy Sips may communicate with Client or others via email transmission. As emails can be interpreted and read, disclosed, or otherwise used or communicated by an unintended third party, or may not be delivered to each of the parties to whom they are directed and only to such parties, Fancy Sips cannot guarantee or warrant that emails from Fancy Sips will be properly delivered and read only by the addressee. Therefore, Fancy Sips SPECIFICALLY DISCLAIMS AND WAIVES ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR INTERCEPTION OR UNINTENTIONAL DISCLOSURE OF EMAILS TRANSMITTED BY CONSULTANT IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES.
Assumption of Risks: You understand that participation in both cocktail making and drinking alcohol carries certain known and unknown risks that cannot be eliminated regardless of the care taken to avoid injuries. You acknowledge that you are aware and voluntarily expose yourself to risks inherent in cocktail making, including but not limited to, physical and emotional injury or death resulting from serious lacerations, cuts, scrapes, and other knife-related injuries; slippery surfaces; allergic reactions; eye injuries; and burns. You further acknowledge that if you choose to consume alcohol during the Workshop, you are aware of and voluntarily expose yourself to the many risks of alcohol consumption, and the risk that alcohol consumption might exacerbate the risks inherent in cocktail making. Except for damage or loss caused solely by Fancy Sips’ gross negligence or willful misconduct, you hereby knowingly assume full and sole responsibility for all of the foregoing risks and acknowledge that your participation in the Workshop is fully voluntarily despite those risks.
Indemnification and Hold Harmless: Each party agrees to indemnify, defend, and hold harmless the other party from any and all existing and future third-party claims, actions, suits, procedures, costs, expenses, damages, and liabilities (including, without limitation, reasonable attorney’s fees and court costs) brought, asserted, incurred or arising from or as a result of the indemnifying party’s breach of its obligations under this Agreement, or its gross negligence or willful misconduct.
In-Class Policies: You understand that Fancy Sips may impose certain policies and procedures during the Workshop, including, without limitation, the right to exclude and/or remove intoxicated parties from participation in the Workshop. You agree to abide by any and all such policies and procedures and understand that if you violate them, you may be removed and/or asked to leave the Workshop without refund of any fees or other costs you may have incurred in connection with the Workshop.
Kits and Products Policy: You have the option of purchasing certain products for your use during and after the Workshop, such as bar tool kits and ingredients kits (“Products”). You understand that all Products, should you order them, are non-refundable. Fancy Sips will arrange shipping of the Products to each Attendee’s address. Title to the Products passes to the recipient upon delivery to the carrier, and risk of loss passes to the recipient on delivery to recipient’s address. The costs of shipping and handling will be shown on your purchase receipt. Fancy Sips will inform you of estimated shipment dates. You must examine the Products when you receive them. If any item is damaged or missing, you must notify Fancy Sips immediately. Fancy Sips will not consider any claim for damaged or missing items more than ten (10) days from the date of delivery. You agree and represent that, in the event you purchase Products, you are doing so for your own internal use only, solely in connection with the Workshop, and not for resale.
Representations and Warranties.
By Client. Client warrants and represents that Client has the full power and authority to enter into this Agreement and grant the rights granted herein, that Client’s performance under this Agreement will not conflict with or result in any breach of any third-party contract, and that Client’s performance hereunder does not and shall not violate any right of any third person or entity including, but not limited to, intellectual property or contract-related rights. Client further warrants and represents that its signatory to this Agreement is authorized by all necessary corporate action to sign and enter into contracts on behalf of Client.
By Fancy Sips. Fancy Sips warrants and represents that it has the full right, power, and authority to enter into this Agreement and perform its obligations hereunder. Fancy Sips further warrants and represents that its signatory to this Agreement is authorized by all necessary corporate action to sign and enter into contracts on behalf of Fancy Sips.
Severability: In the event that any court of competent jurisdiction shall declare any part of this agreement provision to be invalid, prohibited, or unenforceable, the remaining portions of this agreement shall remain enforceable. To the fullest extent allowed by the law, any invalid, unenforceable, or prohibited portion of this agreement shall be modified by a court of law so as to allow the same to be interpreted in such a manner so as to be enforceable.
Likeness Grant. Clients agree that Fancy Sips may use any photographs or recordings from the Workshop for Fancy Sips’ portfolio, advertising, social media, print or online publicity submissions and any other promotional purpose regarding Fancy Sips. Client waives any right to payment, royalties or any other consideration for the use of the images. Client waive the right to inspect or approve the finished product, including written or electronic copy, wherein either Client’s name, voice, image and/or likeness appears. Fancy Sips is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Client, Client’s heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client’s estate have or may have by reason of this authorization.
General. This Agreement shall be binding upon and inure to the benefit of Client and Fancy Sips and their respective successors and permitted assigns. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available at law, in equity or otherwise. The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State of Tennessee without regard to conflict of laws, and the parties expressly agree that any dispute requiring resolution by a court shall be subject to the exclusive venue and jurisdiction of the state and federal courts located in Davidson County, Tennessee. This Agreement, when executed, shall constitute the entire understanding between the parties with respect to the subject matter hereof and may not be amended except by a writing signed by an authorized representative of each party. The waiver by Fancy Sips of a breach, default, delay, or omission of any provision of this Agreement by Client will not be deemed a waiver of any subsequent breach, default, delay, or omission of the same or any other provision of this Agreement. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement. Fancy Sips is an independent contractor for Client, and this Agreement does not create, and will not be construed as creating, an employer/employee agency, partnership or joint venture relationship between Fancy Sips and Client.
Virtual Workshop. Client understands that attending the Workshop, which is virtual in nature, depends largely upon Client’s and each Attendee’s own computer and/or mobile device, internet connection, and Client’s environment. It is Client’s sole responsibility to ensure Client and each Attendee has the necessary resources, tools, and environment to fully view and participate in the virtual Workshop.
Subscribe to get our fresh, easy-to-follow, seasonal cocktail recipes right in your inbox so you can keep your mixology skills sharp!