SERVICE AGREEMENT AND WAIVER

            THIS AGREEMENT is made upon day of purchase, by and between purchaser, (hereinafter referred to as the “Individual”), and SommSchool LLC.

                                                                    RECITALS

            WHERAS, the Individual desires to retain the services of Company to perform certain services, including teaching virtual wine classes and Company desires to provide such services to the Individual.

            NOW, THEREFORE, the parties agree as follows:

1. SERVICES TO BE PROVIDED BY COMPANY. Company agrees to provide Individual with series of previously recorded wine classes for the Individual and Individual has agreed to pay the Company $250.00 per class series for such services.

2. RELEASE OF LIABILITY. Individual expressly agrees he or she is voluntarily choosing to receive services from the Company.  Individual represents and warrants he or she is in suitable health and physical condition to receive such services and that he or she does not suffer from any current injury, condition, illness, or other physical or mental state that would place him or her at risk, either mentally, physically, or medicinally, in receiving the Company’s services.  Company has agreed to provide its services in reliance on such representations and warranties.  Further, the Individual agrees:   

1. to assume ANY AND ALL RISKS involved in the Individual voluntarily choosing to participate in the services performed by the Company, including, without limitation but not limited to, the risks of bodily injury.

1. to hold Company and all of its successors, heirs, next of kin, servants, personal representatives, executors, administrators, assigns, subsidiaries, affiliates, associates, officers, directors, employees and agents completely harmless, not liable, AND RELEASE the Company from all liability whatsoever and AGREES NOT TO SUE them on account of or in connection with any claims, causes of action, injuries, damages, cost or expenses arising out the Individual participating in the services performed by the Company, including without limitation, those based on death or bodily injury, including consequential damages.

1. to drink responsibly and will not drive if intoxicated, and Individual acknowledges that the Individual is solely responsible for any and all of their actions resulting from Individual’s consumption of alcohol, and shall hold Company completely harmless, not liable, release the Company from all liability whatsoever, and agrees to indemnify and defend the Company against, and hold it harmless from, any and all claims, causes of action, damages, judgments, costs or expenses, including attorney’s fees, which in any way arise from Individual’s consumption of alcohol.

1. and recognizes that the information offered in its classes and materials is correct based on the best of the Company’s abilities but advises that there may be errors contained within the classes or materials for which the Company is not liable. Opinions of the Company will also be expressed and are purely opinions and not to be taken as fact.

4. ACCESS TO CLASSES. The Individual shall have online access to purchased Classes and for one year from the date of purchase.  Thereafter, access will be removed and can only be obtained via a separate Class purchase.  All Classes and materials are the sole property of the Company and shall not be reproduced or shared by the Individual without the Company’s express written consent.     

5. LEGAL DRINKING AGE. Individual warrants and represents that he or she is at least twenty-one (21) years of age and legally allowed to consume alcohol.

By electronically checking the “Terms and Conditions” box upon checkout, I (the Individual) agree that I have carefully read the foregoing Agreement, and knowing and understanding its contents, consent and agree to be bound by the terms and conditions set forth herein.