NOLA BREW BUS TOUR AGREEMENT
NOLA Brew Bus offers a one-stop resource for guided tours, exploring local Craft beer paired with our festive history. Expand your beer palate the Big Easy way.
This Agreement is for such tour service, and is between NOLA Brew Bus, a Limited Liability Company, with offices at 1129 Decatur Street, New Orleans, LA 70116 (“NOLA Brew Bus” or “we” or “our”), and you (“Client” or “you”).
Tour. NOLA Brew Bus will perform the tour you have selected and booked from our website (the “Tour”).
Tour Guidelines. No pre-drinking before the Tour. Anyone showing signs of intoxication will not be allowed on the Tour. All Tour participants must wear a mask or mouth and nose covering. All participants must participate in social distancing. Your Tour Guide must conduct a temperature check of all Tour participants at first contact. Any participant with a temperature above CDC guidelines will not be able to participate. You agree no glass is permitted on the Tour bus. You will not be disrespectful or belligerent at any time; and we reserve the right to remove you from the Tour without refund. We reserve the right to withhold beer tickets to any person who appears overly intoxicated. Vomiting on the Tour bus will result in a $200 charge. Any damage to the Tour bus will be the responsibility of the person(s) causing damage.
Payment Process: Tour ticket prices are provided when you select the specific Tour on our website. You will then pay the ticket price upon selecting the Tour. The ticket price may be paid by credit card or debit card. Your payment will be processed through a third-party service. Additional terms and conditions will apply.
Changes to Tour. If you request to change the Tour, then we will pass your request on to the relevant supplier. However, we cannot guarantee that such changes can be made. Where a change can be made, we will charge for any additional costs incurred including any costs imposed or incurred by any of our suppliers and including for example cancellation charges that may be incurred for parts of Tour cancelled.
Cancellation. We understand emergencies or unexpected events may occur from time to time. We offer the following tier-based cancellation policy: Full refund (minus our 15% processing fee) for any cancellations 14 days prior to the start date of the Tour. 50% refund for any cancellations within 14 days and up until 37 hours before the Tour start date. There are no refunds for cancellations made within 36 hours of the Tour start date. If we cancel the Tour for reasons outside our control, then we will provide a full refund (minus our 15% processing fee).
Transportation. Client is responsible to arrange, book, and pay for its own transportation to the Tour and must ensure they arrive in time. We are not responsible if you miss the Tour due to your flight schedules, and no refund will be provided. You are responsible for your own hotel, meals, and any additional night(s) stay.
Photographs of Clients. We may take photographs or video during provision of the Tour. You expressly grant NOLA Brew Buss permission to do so and to use the same for promotional or commercial use without payment of any compensation to you.
Release and Disclaimer. You understand that NOLA Brew Bus is acting solely as an agent in arranging Tour transportation, venues, and other tours, and does not assume liability for accidents, delays, injuries, loss or damage due to any act or default by you, NOLA Brew Bus, or any brewery or company that the Tour visits.
You agree to this release of all claims, waiver of liability and assumption of risk (“Waiver and Release”). You waive any and all claims you may have now and in the future, and release from all liability and agree not to sue NOLA Brew Bus, its officers, agents, representatives, employees or Tour guides (hereafter referred to as “Staff”) for any personal injury, death, property damage, or loss sustained by you as a result of your participation in a Tour or experience offered by NOLA Brew Bus due to any cause whatsoever, including without limitation, negligence on the part of NOLA Brew Bus, its Staff, Tour partners, or other participants, or death or injury as a result of war, civil unrest or epidemic. You further agree that if you violate this Agreement and attempt to bring suit against any part of parties named herein, that you will be held responsible for attorney’s fees and any costs incurred by that person in defending such action.
You are aware that the Tour, in addition to the usual dangers and risks inherent, has certain additional dangers and risks, some of which include: physical exertion for which you may not be prepared and weather extremes subject to sudden and unexpected change. You accept all the inherent risks of the proposed Tour and the possibility of personal injury, death or property damage or loss resulting there from. You acknowledge that the enjoyment and excitement of the Tour is derived in part from the inherent risks incurred by travel and activity beyond the accepted safety of life at home or work, and these inherent risks contribute to such enjoyment and excitement, being a reason for your participation. You agree that if you suffer injury or illness NOLA Brew Bus or its Staff can, at your cost, arrange any medical treatment and emergency evacuation service as it or they deem necessary for your health and safety. Further, you agree at all times during the Tour, to abide by and comply with any additional instructions given by your Tour guide or any other Staff and you accept that non-compliance may result in injury, death or permanent disability. You understand that non-compliance may result in your removal from the Tour.
You acknowledge that the Tour may involve the consumption of alcohol. You represent and warrant to NOLA Brew Bus that you are over the legal drinking age of 21 and you have a legally state-issued ID or passport. You fully understand that there may be consumption of alcohol before, during and/or after the Tour and at brewery/restaurant visits along the Tour either by you or other participants on the Tour. You understand and acknowledge the potential risks and dangers associated with the consumption of alcohol.
In entering this Agreement, you are not relying on any oral, written nor visual representations or statements by NOLA Brew Bus or its Staff or any other inducement or coercion to go on the Tour. You confirm that, by your own free will, you have read and understood this Agreement, and agree that this Release and Disclaimer will be binding upon your heirs, next of kin, executors, administrators and successors.
As a participant on the Tour, you accept full responsibility for your behavior, well-being, and health throughout the Tour, which may involve a variety of activities, unfamiliar locations, and modes of travel, including but not limited to: climbing, running, or walking for a longer period than you are used to. You further realize that the Tour may involve walking through unfamiliar, narrow, unpaved and/or steep paths, gangways, roads, stairways and driveways. You knowingly and willfully accept these risks and take complete and total responsibility for your behavior, well-being and health during the Tour. You agree to hold neither NOLA Brew Bus, nor its Staff, liable in any way should any harm come to you.
Tour Warnings. Client is responsible to become informed about the most current Tour information, advisories and warnings by referring both to the U. S. State Department’s Tour website at www.Tour.state.gov/ or by phone at 1-888-407- 4747 and by accessing the Centers for Disease Control (CDC) website at https://wwwnc.cdc.gov/Tour/notices.
Health Requirements. You are responsible to ensure you are aware of any health requirements for your Tour destinations and to ensure that you carry all necessary medication and dietary requirements. Also, we are unable to offer additional assistance to Tourers with limited mobility.
COVID-19 Safety Acknowledgment, Liability Waiver and Release of Claims. WHILE ATTENDING A TOUR YOU WILL BE EXPOSED TO MANY PEOPLE AND THE RISK OF CONTRACTING A COMMUNICABLE DISEASE OR ILLNESS IS SERIOUS AND DANGEROUS AND MAY INVOLVE RISK OF SERIOUS ILLNESS AND/OR DEATH. YOU VOLUNTARILY ASSUME ALL RISKS, HAZARDS AND DANGERS arising from or relating in any way to the risk of contracting a communicable disease or illness (including exposure to COVID-19, a bacteria, virus, or other pathogen capable of causing a communicable disease or illness), whether occurring before, during, or after the Tour, however caused or contracted, and you hereby waives all claims and potential claims against NOLA Brew Bus or its Staff. You hereby further agree to INDEMNIFY AND SAVE AND HOLD HARMLESS NOLA Brew Bus and its Staff from any loss, liability, damage, or cost they may incur arising out of or related to illness or death of you, your friends, family members, employees, and/or any person or persons that you purchased a ticket for or sold to while attending a Tour, whether caused by the negligence of NOLA Brew Bus or its Staff.
Dispute Resolution. The construction, validity and performance of this Agreement and any disputes between the parties shall be governed by and construed according to the laws of the State of Louisiana, without giving effect to its conflicts of law principles, and any federal laws applicable therein. Both parties submit to the exclusive jurisdiction of the courts of the State of Louisiana with respect to any legal proceedings relating to this Agreement.
Assignment. NOLA Brew Bus may assign this Agreement without Client’s permission. Client may not assign any part of the benefits of this Agreement to another party without our express written permission.
Entire Agreement. This Agreement contains the entire understanding between the parties hereto and supersedes any other oral and written agreements or understandings between them. Except as otherwise provided for in this Agreement, no modification or addition hereto or waiver or cancellation of any provision shall be valid except by a writing signed by the parties.
Terms of Service
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, http://www.nolabrewbus.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by NOLA Brew Bus.
By accessing this web site, you are agreeing to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.
The last update to our Terms of Service was posted on August 18, 2016.
- The terms “us” or “we” or “our” refers to NOLA Brew Bus, the owner of the Website.
- A “Visitor” is someone who merely browses our Website, but has not registered as Member.
- A “Member” is an individual that has registered with us to use our Service.
- Our “Service” represents the collective functionality and features as offered through our Website to our Members.
- A “User” is a collective identifier that refers to either a Visitor or a Member.
- All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.
- Permission is granted to temporarily download one copy of the materials (information or software) on NOLA Brew Bus’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on NOLA Brew Bus’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by NOLA Brew Bus at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of NOLA Brew Bus without express composed consent. You might not use any meta tags or any various other “unseen text” utilizing NOLA Brew Bus’s name or trademarks without the express written consent of NOLA Brew Bus. You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of NOLA Brew Bus, in other way that is likely to trigger confusion among consumers, that disparages or challenges NOLA Brew Bus or its licensors, that dilutes the strength of NOLA Brew Bus’s or its licensor’s residential property, or that otherwise infringes NOLA Brew Bus’s or its licensor’s copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that NOLA Brew Bus develops to generate or show any Material of the pages making up the Website is likewise secured by NOLA Brew Bus’s copyright, and you may not copy or adjust such code.
NOLA Brew Bus has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.
If alerted by a User of any products which allegedly do not conform to these Terms, NOLA Brew Bus could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. NOLA Brew Bus has no liability or duty to Individuals for efficiency or nonperformance of such activities.
You are connecting with us electronically when you go to the Website or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature (“Personal Data”) from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. NOLA Brew Bus additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it’s sole discernment.
NOLA Brew Bus does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
Reviews, Comments, and Other Material
Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include or include industrial solicitation, mass mailings, or any type of “spam.” You may not use another User’s account to impersonate a User or entity, or otherwise deceived as to the origin of the opinions. NOLA Brew Bus books the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.
If you post an evaluation or send comments, and unless NOLA Brew Bus suggests otherwise, you grant NOLA Brew Bus a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media.
You grant NOLA Brew Bus and sublicenses the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify NOLA Brew Bus for all claims resulting from Content You supply. NOLA Brew Bus has the right but not the commitment to edit and keep track of or eliminate any task or Material. NOLA Brew Bus takes no duty and assumes no liability for any content published by You or any 3rd party.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Revisions and Errata
The materials appearing on NOLA Brew Bus’s Website could include technical, typographical, or photographic errors. NOLA Brew Bus does not warrant that any of the materials on its Website are accurate, complete, or current. NOLA Brew Bus may make changes to the materials contained on its Website at any time without notice. NOLA Brew Bus does not, however, make any commitment to update the materials.
The materials on NOLA Brew Bus’s Website are provided “as is” NOLA Brew Bus makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, NOLA Brew Bus does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither NOLA Brew Bus nor the Website has control over the quality or fitness for a particular function of a product. NOLA Brew Bus likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY NOLA Brew Bus ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NOLA Brew Bus MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS Website OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, NOLA Brew Bus DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. NOLA Brew Bus DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM NOLA Brew Bus ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. NOLA Brew Bus WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Website OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL NOLA Brew Bus’S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100.
Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. NOLA Brew Bus has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Site Terms of Service Modifications
NOLA Brew Bus may revise these Terms of Service for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to NOLA Brew Bus’s Website shall be governed by the laws of Louisiana without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.
You accept defend, indemnify, and hold safe NOLA Brew Bus, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. NOLA Brew Bus will provide notice to You promptly of any such claim, match, or case.
Our Legal Terms shall be treated as though it were executed and performed in Louisiana, United States and shall be governed by and construed in accordance with the laws of Louisiana, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of NOLA Brew Bus under our Legal Terms shall survive the termination of our Legal Terms.