Date Last Revised: January 17th, 2024

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Welcome to www.samanthasommelier.com (the “Site”). This Site is owned and operated by Samantha Somelier LLC (“Samantha Sommelier”, “us”, “we”, or “our”). By accessing or using this Site, or by engaging in or purchasing any of our Services (defined below) you are agreeing to be bound by the terms and conditions set forth herein (the “Agreement”). Any visitor of this Site or individual who engages the Services may be referred to as “you”, “your”, “User” or “Customer”. This Agreement shall constitute a binding Agreement between you and us. 

 

AGREEMENT 

 

1. The Site. The Site shall include any information or services made available by us, regardless of the medium, and shall include, without limitation any affiliated Site, mobile applications, videos, products and applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Site, or any part of the Site, with or without notice. 

 

2. Required Legal Age and Lawful Use. TO USE THE SITE OR ANY OF OUR SERVICES, YOU MUST BE 21 YEARS OF AGE OR OLDER, THE LEGAL DRINKING AGE IN THE UNITED STATES. IF YOU ARE NOT OF LEGAL DRINKING AGE, PLEASE EXIT THIS SITE IMMEDIATELY. By accessing and using the Site and its features, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 21 years of age or older; and (d) your use of the Site and its features does not violate any applicable law, rule or regulation. 

 

3. Services. All products and services offered on our Site, including but not limited to private tastings (virtual and in-person), wine list curation for events, wine country itinerary planning, brand consulting, our wine club, and any other services or products offered on the Site (collectively "Services") are subject to these terms and conditions of this Agreement and the specifications as listed on our Site at the time of purchase. Requested Services will be subject to this Agreement until Services are rendered. 

 

4. Wine Tastings and Waiver of Liability. 

a. Samantha Sommelier offers virtual wine tastings (“Virtual Tastings”) and in-person wine tastings (“In-Person Tastings”), each as further described on the Site (collectively, “Tastings”). Each individual who participates in a Tasting (“each a “Participant”) shall be subject to this Agreement. 

b. All Participants are required to review and sign the Liability Waiver which will be provided by Samantha Sommelier to each Participant before their Tasting.. 

c. Notwithstanding the foregoing, the individual who initially books a Tasting with Samantha Sommelier (the “Host”) shall be solely responsible for providing a complete list and accurate contact information for all Participants. Under no circumstances may any individual who has not signed the Liability Waiver participate in a Tasting. 

d. In the event a Virtual Host books a corporate Wine Tasting Event, such Virtual Host may complete the Liability Waiver on behalf of all Participants, provided that such Virtual Host represents and warrants they have the required authority and consent to do so. Such execution by the Virtual Host shall constitute a complete acknowledgement and agreement by all Participants of the Liability Waiver. 

 

5. RELEASE, ASSUMPTION OF RISK, WAIVER AND INDEMNIFICATION FOR TASTINGS. 

Each Participant who participates in any Tasting acknowledges and agrees as follows:

❖ Participant understands he/she is voluntarily participating in the Tasting at his/her own risk and believes that he/she is in appropriate health and physical condition to do so. 

❖ Participant acknowledges that he/she is of legal drinking age (21 years or older) to participate in this Tasting. 

❖ Participant is voluntarily participating in these activities with knowledge of any potential danger involved and hereby agrees to accept any and all risks of injury and death and disclaim any liability against the Released Parties (defined below) related to the consumption of alcohol. 

❖ Participant acknowledges that Samantha Sommelier does not recommend, support, promote or permit any Participant to operate a vehicle while intoxicated. 

❖ By participating in a Tasting, Participant acknowledges that there is a government warning concerning the health effects of consuming alcoholic beverages: Government warning: 

(1) According to the Surgeon General of the United States, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. 

(2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. Drink responsibly. 

❖ Participant does hereby fully release and discharge Samantha Sommelier, and their agents, officers, managers, staff, volunteers and affiliates (collectively, the “Released Parties”) from any and all liability, claims, and causes of action from injuries or illness (including death), damages or loss which Participant may have or which may accrue on account of participation in all activities regarding or related to the Tasting, including but not limited to any injury that occurs related to consumption of alcohol, consumption of alcohol while pregnant, operated a vehicle while intoxicated, or attempting sabrage. This is a complete and irrevocable release and waiver of liability, claim, or cause of action or any claim arising out of the Released Parties’ negligence. Participant covenants not to bring any action or claim against the Released Parties for any alleged liabilities, claims, or causes of action released hereunder. 

❖ Participant further agrees to indemnify and hold harmless the Released Parties from any and all claims resulting from injuries or illness (including death), damages, or loss, including, but not limited to attorneys’ fees, sustained by Participant or any other party arising out of, or connected with, or in any way associated with, the Tasting. 

❖ Participant understands that all payments for Tastings are NON-REFUNDABLE. 

 

6. Payments and Compensation. All prices, discounts, and promotions posted on the Site are subject to change without notice.  The price charged for Services will be the price in effect at the time the purchase is made. While we strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability (collectively "Inaccuracies"). We reserve the right to correct any inaccuracies at any time and to cancel and refund any purchases arising from such occurrences. All payments are non-refundable unless Services are canceled by us. 

a. Payment Methods and Information. Samantha Sommelier accepts the following payment methods (subject to change): credit card or debit card via Wix Payments, Paypal or Stripe. When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us the payment information, you authorize us to charge the amount due for the applicable Services. You represent and warrant that (i) the credit card information or bank information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or bank account for the purchase, (iii) charges incurred by you will be honored by your credit card company or bank, including if for the Sam Somm Wine Club, for the term of your membership, and (iv) you will pay charges incurred by you at the posted prices, including applicable taxes, if any, regardless of the amount quoted on the Site at the time of your purchase.

b. Tastings. Payment for a Tasting is due prior to the scheduled Tasting. Your entire payment must be received in order to secure your Tasting date and time. You may request to reschedule your Tasting up to 48 hours prior to the scheduled time, subject to availability. Any requests for rescheduling less than 48 hours in advance will result in a cancellation and forfeiture of the ability to reschedule your Tasting. All payments for Tastings are non-refundable. 

c. Wine Club. Payments for membership in the Sam Somm Wine Club are non-refundable. Membership fees shall be charged automatically unless your membership is canceled in accordance with the Sam Somm Wine Club cancellation policy, which can be found in the Sam Somm Wine Club’s FAQs linked on the Site. Under no circumstances will chargebacks be permitted, and you acknowledge and agree that you will not request any chargebacks from your credit card company or bank for any Sam Somm Wine Club membership fees. 

d. Participant Cancellations or Additions. Each Tasting is limited to the number of Participants selected at the time of booking and payment. Any last minute additional Participants may be accepted by Samantha SOmmelier in its sole discretion and subject to an additional fee. In the event any Participants do not attend a Tasting (whether Virtual or In-Person), no refunds will be given for such Participants. 

 

7. No Sale of Alcohol. There are no alcohol or alcoholic related items available for purchase on this Site. Under no circumstances does Samantha Sommelier offer alcohol or alcohol related items for purchase. This Site and the information contained herein is for educational and entertainment purposes only. No alcohol of any kind is included in the price of the Tastings. 

 

8. SABRAGE DISCLAIMER, WARNING AND INDEMNITY. During some or any of the Services (including during Tastings, as part of the Sam Somm Wine Club and/or on the Site), Samantha Sommelier may offer presentations for champagne bottle sabering (“Sabrage Presentations”). All Site Users and/or Participants acknowledge and agree they have read the following Sabrage Presentation Disclaimer, Warning and Indemnity: 

 

SABRAGE PRESENTATION DISCLAIMER, WARNING AND INDEMNITY: 

DO NOT ATTEMPT SABRAGE IF YOU ARE NOT AN EXPERIENCED SOMMELIER OR HAVE THE PROPER TRAINING. 

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Sabrage Presentations provided by Samantha Sommelier are for entertainment purposes only and do not constitute proper training for sabrage. Under no circumstances does Samantha Sommelier recommend or suggest individuals attempt sabrage without proper training, and we recommend you study and practice with a professional before attempting sabrage. Carelessness in preparation and demonstration can lead to injury of yourself and others or property damage. Bottles can explode and flying sharp edged glass may scatter if you do not follow proper sabrage instructions. Even if proper procedures are followed, a champagne bottle may contain defective glass/structure resulting from the manufacturing process. NEVER attempt sabering any other type of bottle. The unique bottle thickness and pressure contained in champagne is not found in other bottle types. 

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❖ Beware corks will fly varied distances based on the champagne. A sabred cork can fly anywhere from 3 feet to 40 feet. Sabred corks have shattered glass attached, if a cork strikes a person injury is likely. Always point the bottle in a direction away from people, animals and precious objects. 

❖ Champagne sabers are ceremonial swords and do not have sharp blades. Nonetheless, the tips are relatively shape and can pierce the flesh. 

❖ NEVER practice sabrage when you are inebriated or impaired in any form. 

❖ Sabered bottles have VERY sharp bottle necks. 

❖ DO NOT TOUCH the severed neck as it will be razor sharp. 

❖ NEVER DRINK DIRECTLY FROM A SABRED BOTTLE.

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INDEMNIFICATION FOR SABRAGE PRESENTATION. Samantha Sommelier does not accept responsibility for incidents resulting from anyone attempting sabrage as a result of a Sabrage Presentation. All Users and Participants hereby indemnify and hold harmless Samantha Sommelier, its employees, principals, agents and representatives harmless from and against any and all liabilities, obligations, claims, actions, demands, fines, lawsuits, judgments, penalties, damages, and losses (including all of the related costs, fees, and expenses) for the injury to any person whomsoever and for loss of, damage to, or destruction of any property (including loss of use) arising out of any User or Participant’s attempt to perform a sabrage. 

 

9. Government Warning Concerning Health Consequences of Consuming Alcohol. By accessing this Site or engaging Services, you acknowledge that there is a government warning concerning the health effects of consuming alcoholic beverages: Government warning: 

(1) According to the Surgeon General of the United States, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. 

(2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems. Drink responsibly. 

 

10. Educational and Entertainment Purposes Only. This Site is for educational and entertainment purposes only. None of the information contained on this Site or information disclosed as part of the Services (including the Sam Somm Wine Club) shall be construed as professional advice. We do not warrant the accuracy, completeness, or usefulness of any information shared on the Site or as part of the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. 

 

11. No Resale and Personal Use Only. You represent and warrant that you are purchasing the Services for your own personal use only, and not for resale. You are hereby prohibited from modifying, copying, reproducing, republishing, uploading, posting, transmitting, re-selling or distributing in any manner or medium any materials you receive from the Services, including any materials you receive during a Tasting, from the Site or as part of your membership in the Sam Somm Wine Club. 

 

12. Your Information. Personal information is information about an identifiable individual, such as your name, address, telephone number, email address, or payment information (“Personal Information”). We collect Personal Information when you voluntarily provide it through the Site, or when you provide it to us through other means or while engaging or paying for Services. You represent and warrant you will only provide us with true, accurate, current and complete information if you register for an account and/or make purchases through this Site or use its Services. If we believe or suspect that your Personal Information is not true, accurate, current or complete, or suspect fraudulent use of the Site via any automated tools or otherwise, we may deny or terminate your access to the Site or Services (or any portion thereof). 

 

We will only use the Personal Information that we collect to conduct our business and to offer you the best possible products, services, and experiences, including (i) to provide you with the information, products, and services you request, (ii) to provide you with notices about your subscription, including expiration and renewal notices, (iii) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, (iv) to notify you about changes to our Site or any Services we offer or provide through it. Your Personal Information will not be shared with any third parties unless it serves one of the aforementioned purposes.

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13. Intellectual Property. To honor and protect our intellectual property, you agree not to disclose, reproduce or distribute our written materials, techniques or methods to any third party without our prior written consent. You understand that our written and recorded materials are protected by United States intellectual property laws, and you agree not to copy, reproduce or distribute any such materials for any reason without our prior written consent. 

 

14. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE

WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU PURCHASED FROM US. 

 

15. Agreement Not to Sue; Indemnity. You covenant and agree that (i) you will not institute or attempt to institute any legal action, arbitration, demand or proceeding against Samantha Sommelier or any Released Parties for any Released Claim, (ii) you will indemnify, defend and hold harmless Released Parties from and against any losses, claims, liabilities, expenses or damages, including attorneys’ fees and costs, incurred in connection with the defense of any Released Claim or any other breach of your obligations under this Agreement, (iii) you will indemnify, defend and hold harmless Released Parties for any and all claims or demands, including reasonable attorney's fees, that arise from or otherwise relate to use of the Services, this Site and related materials, and (iv) your violation of this Agreement or the rights of another. For purposes of this Agreement, “Released Claims” mean any and all claims, demands, losses, liabilities, damages and causes of action, for injury and any other liability of any kind, of or to you, your property, or any other person, directly or indirectly arising out of or in connection with your participation in the Services or use of this Site, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause, and whether such claims are known or unknown, or suspected or unsuspected. 

 

16. Force Majeure. Samantha Sommelier shall not be liable or responsible for, nor be deemed to have defaulted under or breached this Agreement, for any failure, interruption, adaptation in format or scheduling, or delay in fulfilling or performing any term of this Agreement or the Services, including any Tastings, when and to the extent such failure, interruption, adaptation in format or scheduling, or delay is caused by or results from the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) pandemic; (f) action by any governmental authority; (g) national or regional emergency; (h) travel restrictions; (i) shortage of adequate power or transportation facilities; and (j) other events beyond the reasonable control of Samantha Sommelier. Samantha Sommelier shall give notice as soon as reasonably possible to all of Participants or the Virtual Host or the person of contact of the occurrence of a Force Majeure Event. Samantha Sommelier shall use diligent efforts to end the failure, interruption, or delay and ensure the effects of such Force Majeure Event are minimized. Samantha Sommelier shall resume or reschedule the performance of its obligations as soon as reasonably practicable after the removal of the cause. 

 

17. Non-Disparagement. You agree you will not make any disparaging statements or representations, either directly or indirectly, whether orally or in writing, by word or gesture, to any person whatsoever, about Samantha Sommelier or its management, employees, independent contractors, agents, or representatives, which includes any public review or post on any social media platforms and internet searches. 

 

18. Dispute Resolution. In the unlikely event of a dispute arising from or relating to the Services or this Agreement, the dispute shall be settled by binding arbitration in Arizona which will occur via telephone by an arbitrator that is mutually approved by the parties. The costs of the arbitration will be shared equally by the parties; provided, that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses incurred therein, including its reasonable attorneys’ fees and costs. 

 

19. Choice of Law. This Agreement shall be governed by the laws of the State of Arizona without regard to its conflicts of law provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision had never comprised a part of this Agreement. 

 

20. Changes to Agreement. We reserve the right, in our sole discretion, to change the terms set forth in this Agreement. We may amend or terminate this Agreement at any time. If we amend or terminate this Agreement, such amendment or termination shall be the revised Agreement on this Site and such revised Agreement will be effective at the date we post them on the Site. Each time you use the Site, you should visit and review the then current Agreement. Your continued use of the Site and/or Services after we have posted a revised Agreement signifies your acceptance of such revised Agreement. If you are dissatisfied with the Site, its content or the Agreement (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. This Agreement is the entire agreement between you and us with respect to your use of the Site and Services.