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.
WHERAS, the Individual desires to retain the services of SommSchool LLC to perform certain services, and SommSchool LLC desires to provide such services to the Individual.
NOW, THEREFORE, the SommSchool LLC and the Individual agree as follows:
- SERVICES TO BE PROVIDED BY SOMMSCHOOL LLC.
- Individual will have online access to all of SommSchool LLC’s prerecorded classes for the duration of their membership, at which point access will be removed and can only be obtained via renewal of Individuals membership or a separate Class purchase. All Classes and materials are the sole property of the SommSchool LLC and shall not be reproduced or shared by the Individual without the SommSchool LLC’s express written consent.
- Individuals who subscribe to the above membership will have option to subscribe to additional services in the form of wine curation. In cooperation with Individual, SommSchool LLC shall provide quality wine expertise in the formulation of a selected wine list through a third party Wine Provider (“Provider”) utilizing the Individual’s account information. Individual always has final say on what wines are purchased.
- Individual will have the option participate in SommSchool LLC’s live monthly, members only classes.
- TERM. The services provided by SommSchool LLC shall commence upon the date of confirmed payment by Individual. A “billing cycle” is hereinafter regarded as a specified period beginning with the confirmation of an Individual’s payment. Individual's subscription is considered ongoing per the terms of this Agreement unless and until one of the following occurs:
- An Individual cancels their membership subscription to SommSchool LLC via the member site login page;
- Individual fails to provide SommSchool LLC with monies as listed in Section 3, Fee Schedule, within 5 days of Individual's billing cycle;
- SommSchool LLC notifies the Individual that their membership is terminated for any reason. A 90 days notice will be given and refunds will be prorated on remaining term.
Should any one of the above conditions occur, Individual will be considered to have terminated this Agreement and SommSchool LLC will be due monies for services rendered and subscription will be canceled.
- FEE SCHEDULE. Below are the SommSchool LLC’s fees charged for services rendered to Individual. Membership is an annual subscription service, and Individual will be charged on annual anniversary date of initial subscription date. Custom Curation is offered to Individuals as a separate transaction.
Number of Resources
12 bottles of wine (Case)
Full refunds will be given by SommSchool LLC on membership purchase to Individual up to 14 days from purchase. After 14 days from purchase, no refund will be given. Refunds for Custom Curation services will be prorated based on the amount of services already provided, including initial consultation.
- SOMMSCHOOL LLC RESPONSIBILITIES.
- Membership: SommSchool LLC will provide access to prerecorded classes and monthly member-only classes for the duration of Individual’s membership as outlined in Section 1.A.
- Custom Curation: If elected, SommSchool LLC will provide consulting services on behalf of the Individual in the form of selecting a recommended list creating a case of wine within the Individual’s shopping cart on a Provider’s website as agreed between SommSchool LLC and the Individual. SommSchool LLC will provide notification that cart has been built within Individual’s profile in the form of an email sent to an email address provided by Individual.
SommSchool LLC shall have fulfilled its obligations when any one of the following first occurs:
- SommSchool LLC has submitted a completed cart on behalf of the Individual, to the Individual, on Provider’s website.
- No response from Individual within 3 business days of dated email by SommSchool LLC is deemed acceptance of cart by Individual.
SommSchool LLC will in no way share Individual’s profile information with any other entity or third party. This information includes, but is not limited to Individual’s financial information, financial preferences within the tiered pricing index offered by SommSchool LLC, Individual’s wine profile and preferences or any other information discussed between SommSchool LLC and Individual. SommSchool LLC is in no way responsible for financial or personal information saved by Individual or otherwise left by Individual within a Individual’s website profile.
- INDIVIDUAL RESPONSIBILITIES. Individual acknowledges that they are 21 years of age as mandated by United States law. Individual will provide SommSchool LLC with all requested information to fully provide the best wine selection service possible related to Individual’s purchase of Services offered by SommSchool LLC. Individual will provide SommSchool LLC with necessary information to fully access Individual’s profile on agreed Provider’s website. Individual will pay SommSchool LLC appropriate rate for services to be rendered prior to commencement of work. Individual is in no way obligated to purchase any or all of the wine selected by SommSchool LLC in any month, but Individual’s purchase decisions do not absolve them of the obligation to remit payment of the monthly curation fee in full. Individual may make personal decisions to change or alter any month’s selection, but this purchase decision does not absolve them of the Individual’s obligation to remitpayment of the monthly curation fee in full.
- RELEASE OF LIABILITY. Individual expressly agrees he or she is voluntarily choosing to receive services from the SommSchool LLC. 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 SommSchool LLC’s services. SommSchool LLC has agreed to provide its services in reliance on such representations and warranties. Further, the Individual agrees:
- to assume ANY AND ALL RISKS involved in the Individual voluntarily choosing to participate in the services performed by the SommSchool LLC, including, without limitation but not limited to, the risks of bodily injury.
- to hold SommSchool LLC 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 SommSchool LLC 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 SommSchool LLC, including without limitation, those based on death or bodily injury, including consequential damages.
- 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 SommSchool LLC completely harmless, not liable, release the SommSchool LLC from all liability whatsoever, and agrees to indemnify and defend the SommSchool LLC 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.
- and recognizes that the information offered in its classes and materials is correct based on the best of the SommSchool LLC’s abilities but advises that there may be errors contained within the classes or materials for which the SommSchool LLC is not liable. Opinions of the SommSchool LLC will also be expressed and are purely opinions and not to be taken as fact.
- CONSENT TO USE OF NAME AND LIKENESS. Individual acknowledges that the live monthly, member only classes will be recorded and such recording may be used in the future by the SommSchool LLC for its online classes or reproduction. Individual grants the SommSchool LLC the license to utilize Individual’s name and likeness in connection with SommSchool LLC’s future online classes. Individual represents and warrants that they shall not have any right to any of the Income derived from the SommSchool LLC’s online classes that includes the Individual’s name or likeness. The license granted hereunder shall be for perpetuity.
- 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.
SommSchool LLC is in no way responsible for the purchase, distribution or sale of alcohol. SommSchool LLC is a consulting service only and prepares recommendations including, but not limited to, wine producers, wine varietals, wine regions, and wine entities on behalf of the Individual. Recommendations by SommSchool LLC are not endorsements and are solely on behalf of Individual. SommSchool LLC strongly recommends that Individuals do not save their personal or financial information on a Provider’s website and will not be held responsible for the loss of any such information saved by Individuals on a Provider’s website.
SommSchool LLC is in no way responsible for, nor held liable financially or otherwise, should the Individual not like or enjoy a recommendation made on behalf of the Individual.
SommSchool LLC is in no way responsible for, nor to be held liable, should recommendations within a Individual’s case be altered due to availability or pricing by third party Provider. Substitutions will be made as necessary by SommSchool LLC should a recommendation no longer be available to Individual. SommSchool LLC must be made aware of Individual’s request for a substitution within 3 business days of SommSchool LLC’s email to Individual that cart has been completed.
SommSchool LLC is in no way responsible for, nor to be held liable for, the change in a Wine Providers pricing of recommendations made to Individual. As stated under SommSchool LLC Responsibilities, SommSchool LLC will list recommendations on behalf of Individual within Individual’s chosen price tier as described under Individual’s Responsibilities. Prices are within tier range on day of selection.
SommSchool LLC reserves the right to make changes to this Agreement, in which case SommSchool LLC will provide the Individual with an updated Agreement and provide the Individual with a chance to cancel the services without penalties. Any such cancellation in this circumstance must be in writing, delivered via email to [email protected]
ACKNOWLEDGEMENT AND AGREEMENT
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.