Release & Waiver from Liability

By purchasing tickets for and participating in activities (Tours) provided by Mesilla Valley Wine & Brewery Tours, LLC, you (CUSTOMER) agree to be held by the provisions of this Release and Waiver of Liability.

This is a legally binding release, waiver of liability and Assumption of the Risk Agreement (the “Agreement”). Please read it carefully before signing. In consideration for Mesilla Valley Wine & Brew Tours, LLC, (MVWBT) a New Mexico limited liability company, agreeing to take an individual (“CUSTOMER”) on a sightseeing and wine/brew tasting tour (“Tour”), CUSTOMER agrees to the following terms and conditions:

1. CUSTOMER acknowledges and agrees that CUSTOMER is embarking on a sightseeing and wine/brew tasting tour, which involves potentially dangerous activities, as well as the consumption of alcohol. CUSTOMER assumes the risks associated with the Tour activities.
2. CUSTOMER assumes the risks associated with alcohol consumption and takes full responsibility for his or her own actions, safety and welfare. CUSTOMER further understands that he or she will be a member of a group and that CUSTOMER will conduct himself or herself in a way that does not endanger CUSTOMER or the group.
3. CUSTOMER agrees to exercise ordinary and reasonable care at all times, and to not imbibe alcohol to the extent that CUSTOMER’s judgment is impaired. CUSTOMER understands and acknowledges that many of the activities on the Tour involve the consumption of alcohol, including, but not limited to, various wines, beers and champagnes. CUSTOMER understands the potential risks associated with the consumption of alcohol and acknowledges that CUSTOMER does not have or is not aware of any medical condition(s) that would prevent CUSTOMER from consuming alcohol or would result in any injury or damage to CUSTOMER as a result of CUSTOMER‘s consumption of alcohol. CUSTOMER acknowledges and agrees that MVWBT shall not be responsible or liable for any accident, injury, theft, loss or damage caused by CUSTOMER’s impaired judgment or negligence.  CUSTOMER waives any claim which CUSTOMER, CUSTOMER’s heirs, successors assigns, spouse, family members or legal representatives may have against MVWBT arising from or as a result of any such accident, injury, theft, loss or damage caused by CUSTOMER’s impaired judgment or negligence.
4. The CUSTOMER will be responsible for any and all damage to the vehicle, owned by or hired by MVWBT, caused by the CUSTOMER. Excessive clean up, sickness in vehicle, rips/tears, replacement fee – $500
5. CUSTOMER acknowledges that it is CUSTOMER’s responsibility to provide for CUSTOMER’s own accident and health coverage while participating on the Tour. MVWBT does not provide for any accident or health coverage for any of its CUSTOMERs.
6.  CUSTOMER understands and acknowledges that the Tour involves transportation by various motor vehicles, including, but not limited to van transportation. CUSTOMER acknowledges and understands the inherent risks associated with these methods of transportation and acknowledges that CUSTOMER does not have any medical condition(s) that would prevent CUSTOMER from using these methods of transportation or result in any injury or harm to CUSTOMER as a result of using these methods of transportation. While CUSTOMER understands and agrees that MVWBT will exercise ordinary and reasonable care in the operation of any motor vehicle used for conveyance on the Tour, CUSTOMER understands that MVWBT assumes no responsibility, nor does it grant any express or implied warranties relating to other third parties, including other drivers of motor vehicles.
   1. Alcohol consumption is strictly prohibited in the MVWBT vehicles. CUSTOMER agrees not to consume alcoholic beverages in the Tour vehicle.
   2. CUSTOMER is NOT allowed to bring outside alcoholic beverages into a scheduled tour destination, as this is a legal violation. If at any point our tasting server(s) or driver(s) deem an individual too intoxicated to visit the next location, the whole party will be taken to the drop off location early without refund.
7. MVWBT reserves the right to refuse or end service to anyone at any time including the termination or tours in the event of CUSTOMER’s unruly behavior, intoxication, damage to the vehicle, Tour venue, or personal property, abuse of any kind as deemed necessary by the Tour guide. No refund will be provided in these circumstances.
8. In consideration of CUSTOMER’s participation in the various activities that comprise the Tour, CUSTOMER understands and accepts the risks associated with participation in these various activities and agrees that neither MVWBT, nor any of its officers, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with MVWBT, will be liable for any personal injury, death or damage of any kind whatsoever, unless caused by MVWBT’s gross negligence or intentional malfeasance.
9. CUSTOMER agrees and acknowledges that MVWBT shall not be responsible or liable for any loss, theft or damage whatsoever to any personal property brought on the Tour by CUSTOMER, which may occur on or during the Tour. CUSTOMER hereby expressly waives any claim which CUSTOMER, CUSTOMER’s heirs, successors, assigns, spouse, family members, or legal representatives may have against MVWBT arising from or as a result of any such loss, theft or damage. It is therefore understood that all personal property that CUSTOMER brings on the Tour is brought at CUSTOMER’s sole risk and is CUSTOMER’s sole responsibility.
10. CUSTOMER assumes the risk of and releases, defends, and holds MVWBT harmless for any liability, for any death, physical or other injury, loss, or harm suffered by during or as a consequence of CUSTOMER’s participation or presence in or on any activity that comprises the Tour under any circumstances unless caused by MVWBT’s gross negligence or intentional malfeasance. Therefore, CUSTOMER agrees to indemnify, defend, and hold MVWBT harmless against any liability, damages, defense costs (including attorneys’ fees), or from any other costs incurred in connection with any claims for bodily injury, wrongful death, or property damage brought by CUSTOMER, CUSTOMER’s heirs, successors, assigns, spouse, family members, or legal representatives, except to the extent that any loss or damage is caused by MVWBT’s gross negligence or intentional malfeasance.
    1.  CUSTOMER authorizes MVWBT to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon MVWBT to provide such assistance, transportation, or services.
11. This Agreement shall be binding on CUSTOMER’s agents, heirs, and successors or assigns, and shall apply to all sponsors, officers, officials, members, managers, directors, agents, employees, volunteers, independent contractors, vendors, business partners, or any other individuals or entitles associated with or connected to MVWBT in anyway.
12. CUSTOMER acknowledges and agrees that CUSTOMER has read and agrees to the Terms & Conditions as found on the website.
13. CUSTOMER hereby gives full consent to MVWBT to use and publish CUSTOMER’s likeness on MVWBT’s advertisements; CUSTOMER acknowledges that MVWBT does not have to compensate CUSTOMER in any way for the use of CUSTOMER’s likeness on MVWBT advertisements. Likenesses include, but are not limited to photographs, images, renderings, and drawings of CUSTOMER. Advertisements include, but not limited to MVWBT’s website as well as any brochures, bulletins, digital advertisements, web-based advertisements, and printed advertisements in newspapers and/or magazines. 
14. CUSTOMER agrees that under no circumstances shall MVWBT be liable for any consequential, special, indirect, incidental, exemplary or punitive damages of any kind or nature whatsoever, regardless of whether arising from breach of contract or tort, even if MVWBT was advised of the possibility of such loss or damage or if such loss or damage could have been reasonably foreseen by MVWBT.
15. In the unforeseen circumstance of personal/bodily injuries, imposed on CUSTOMER and others, as well as property damage to third parties, arising from a motor vehicle accident during participation of Tour arising from business operations serviced and arranged by MVWBT, and arising on or out of premises, CUSTOMER and the party/s involved agree to a settlement agreement out of court, between insurance parties involved, and without filing a civil claim against MVWBT. Circumstances such as: personal/bodily injury, medical claims, surgical, ambulance, hospital services, professional nursing/medical care, death, funeral expenses, property damage, auto physical damage, loss arising out of legal liability to others.
16. CUSTOMER acknowledges and agrees that all issues and questions concerning the construction, validity, interpretation, and enforceability of this Agreement or the rights and obligations of any CUSTOMER in connection with any Tour shall be governed by and construed in accordance with the internal laws of the State of New Mexico without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or country’s laws.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS AND HAVE SIGNED IT FREELY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANYONE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF
LIABILITY TO THE GREATEST EXTENT OF THE LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. I HEREBY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT.

Alcohol

CUSTOMER understands they are not required to consume alcohol to participate in the Tour. CUSTOMER must be at least 21 years old and will be required to present a valid ID at the onset of the tour as well as at each location. The CUSTOMER understand that if they do not present a valid ID at the start of the tour they will not be allowed on any Tour vehicle and any fees paid to Mesilla Valley Wine & Brew Tours, LLC will not be refunded.

CUSTOMER accepts any potential risks associated with consuming alcohol. The CUSTOMER understands it is their responsibility to not become intoxicated before or during the Tour and MVWBT is not responsible for for any resulting harm that may come to the CUSTOMER or others. The CUSTOMER is full responsible for any liability associated with their own intoxication before, during, or after the Tour. The CUSTOMER acknowledges that MVWBT assumes no liability for injuries, civil, or criminal violations, or damages that may be attributed or assessed to the CUSTOMER or others before, during, or after the Tour.

Alcohol consumption is strictly prohibited in the MVWBT vehicles. CUSTOMER agrees not to consume alcoholic beverages in the Tour vehicle.

CUSTOMER is NOT allowed to bring outside alcoholic beverages into a scheduled tour destination, as this is a legal violation. If at any point our tasting server(s) or driver(s) deem an individual too intoxicated to visit the next location, the whole party will be taken to the drop off location early without refund.

MVWBT reserves the right to refuse or end service to anyone at any time including the termination or tours in the event of CUSTOMER’s unruly behavior, intoxication, damage to the vehicle, Tour venue, or personal property, abuse of any kind as deemed necessary by the Tour guide. No refund will be provided in these circumstances.

Fees

Full payment is taken at the time of booking. MVWBT prices tours to include the cost of transportation, guide, tasting fees, and gratuity for service workers at the Tour locations. New Mexico state gross receipts tax and booking fee will be added to the cost of the Tour at the time of payment.

Cancellations

MVWBT requires all reservations to be paid in full at the time of booking. Cancellations made by CUSTOMER 14 days before the scheduled Tour date will receive a 50% refund. CUSTOMER cancellations made less than 14 days before the scheduled date will be offered an opportunity to reschedule Tour one time. No refunds will be made for CUSTOMER cancellations made within 14 days of the scheduled Tour date.

Miscellaneous

Children and pets are not allowed on Tours unless agreed upon in advance. Service animals trained to perform a task or tasks directly related to an individual’s disability, such as guiding people who are blind, pulling a wheelchair, or alerting someone of an imminent seizure are always allowed.

Smoking and vaping is strictly prohibited in the Tour vehicle. CUSTOMER agrees there will be no smoking in MVWBT vehicles.

CUSTOMER acknowledges it is at the the discretion of the MVWBT guide to determine violation of these policies and that such violations by CUSTOMER may result in immediate termination of services and forfeiture of all payments and fees.

CUSTOMER is responsible for reporting food, beverage, and insect allergies at the time of booking. MVWBT is not responsible for any allergic reactions that may occur.

MVWBT follows COVID-Safe practices. CUSTOMER waives the right to present a claim due to communicable diseases such as COVID-19. CUSTOMER affirms they have not been diagnosed with or demonstrated any symptoms of or have in any way been exposed to any communicable diseases (including but not limited to the virus commonly referred to as COVID-19) within the past 30-days.