Terms and Conditions

Last Updated: February 10th,2025
These Terms and Conditions (“Agreement”) govern the provision of private wine tasting services (“Services”) by Somm Out To Sea (“Sommelier”, “we”, “us”, or “our”) to you, the client (“Client”, “you”, or “your”). By booking or paying for our Services, you agree to be bound by the terms set forth below.

1. Definitions
1.1 Services: Private wine tasting experiences provided by us, which may include wine selection, presentation, tasting guidance, educational commentary, wine pairing recommendations, and any additional services described in our proposal.
1.2 Event: The specific date, time, and location at which the Services are provided.
1.3 Deposit: The initial non-refundable payment equal to 25% of the total Service fee, required to secure your booking.
1.4 Balance: The remaining payment due at the conclusion of the Event, unless otherwise agreed in writing.
1.5 Venue: The location provided by the Client for hosting the Event, which must meet all necessary requirements for hosting a wine tasting.
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2. Booking and Payment Terms
2.1 Booking Confirmation

• A booking is confirmed only after you have submitted the inquiry form, received and accepted our proposal, and paid the required Deposit.

• Latest Scheduling Deadline: Clients must book their tasting at least 14 days in advance to ensure availability and proper preparation.

• Late Bookings: Any requests made less than 14 days in advance may be considered on a case-by-case basis but are subject to a rush fee of 20% of the total package cost. Availability is not guaranteed.

• The Deposit is non-refundable except as provided in Section 3.

2.2 Payment Methods:

• We accept payment via Payment link (i.e. Visa, Mastercard, American Express), Cash App, or Zelle

• The Balance is due immediately upon conclusion of the Event.

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2.3 Additional Charges:
In the event that you request services or upgrades beyond those included in the original proposal, additional charges will apply. We believe in complete transparency, so any extra fees for added services—whether it’s an expanded wine selection, extended service hours, or any unique requests—will be clearly itemized and communicated to you in advance. We’ll provide a detailed written estimate for these additional services, and no extra charges will be applied without your prior written approval. This ensures that you have a full understanding of any supplemental costs before your event.
 
2.4 Travel and Miscellaneous Fees:
If your event takes place outside our standard service area, additional travel and miscellaneous fees may be necessary to cover the extra logistical costs involved. These fees can include transportation, accommodation, and any other expenses required to bring our services to your chosen location. We will outline these costs in detail within your proposal, providing you with a comprehensive breakdown of any extra charges that may apply. This way, you’ll know exactly what to expect, ensuring a smooth and hassle-free experience on the day of your event.
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3. Cancellation, Rescheduling, and Refunds
3.1 Cancellation by Client:
Refund Timeline Breakdown:

• Cancellation 12+ Days Before Event Date:

• Clients will receive a full refund minus the non-refundable deposit. This allows ample time to adjust schedules and reallocate resources.

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Cancellation 7 to 11 Days Before Event Date:

• Clients will receive a 50% refund of the total payment minus the non-refundable deposit.

• This timeframe accounts for partial costs already incurred in preparation for the event (e.g., securing wine, materials, and other event-related logistics).

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Cancellation Within  6  of Event Date:

• No refund will be issued for cancellations made within 6 days of the event.

• This is due to the inability to rebook the time slot, costs already incurred, and potential waste of materials and preparation.

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Non-Refundable Deposit:

• A non-refundable deposit equal to 30% of the total package price is required at the time of booking to secure the date and begin preparations.

• This deposit covers administrative costs, initial preparation, and guarantees the booking.

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3.2 Rescheduling:

• The Client may request to reschedule the Event by notifying us in writing. We will make reasonable efforts to accommodate a new date; however, rescheduling is subject to availability and may require payment of a new Deposit.

• Rescheduling requests made at least 7 days prior to the event will be accommodated without penalty, subject to availability.

• Rescheduling requests made within 6 days of the event will incur a rescheduling fee of 15% of the total cost listed on the quote. Rescheduling fee will vary depending on the size of the party and complexity of the event.

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3.3 Cancellation or Rescheduling by Sommelier:

• We reserve the right to cancel or reschedule the Event due to unforeseen circumstances, including but not limited to illness, emergencies, or other conditions beyond our control.

• In such cases, the Client will be offered a full refund or an alternative Event date at no additional cost.

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3.4 ​No-Show Policy:
Definition of a No-Show:

• A "no-show" occurs when the client and their party fail to arrive at the scheduled time and location for the tasting, or fail to communicate any delay or inability to attend, within a reasonable timeframe.

• Reasonable timeframe: If the client is more than 30 minutes late without prior notification, the event will be considered a no-show.

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Impact of a No-Show:

• No refunds or rescheduling options will be provided for no-shows.

• This policy is necessary due to the time and resources committed to the event, including wine preparation, staffing, and blocked availability for other potential bookings.

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Communication Protocols:

• Clients are encouraged to contact the business immediately if they are running late or experience an emergency that may prevent them from attending the event.

• Contact information for the day of the event (e.g., phone number or email) will be provided upon booking confirmation to facilitate timely communication.

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Late Arrivals:

• If the client arrives late but within 30 minutes of the scheduled start time, the event will proceed; however, the duration of the experience may be shortened to avoid overlap with subsequent bookings. No refunds or partial credits will be issued for lost time.

• If the client anticipates being more than 30 minutes late, the business will do its best to accommodate a delayed start time, but this may not always be possible depending on the schedule. Additional fees may apply for extended staff or venue use.

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Prevention of No-Shows:

• Clients will receive reminders leading up to their tasting, including a confirmation email sent 36 hours prior to the event and a final reminder sent the day of their event.

• These reminders will include the event details, start time, location, and contact information, ensuring the client has all necessary information to attend on time.

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3.4 Force Majeure:

• Neither party shall be liable for delays or failures in performance caused by circumstances beyond their reasonable control (e.g., natural disasters, government actions, acts of terrorism, pandemics).

• In the event of a force majeure, both parties will work in good faith to reschedule the Event or, if necessary, terminate this Agreement with appropriate refunds for monies paid.

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4. Client Responsibilities
4.1 Accurate Information:

• The Client agrees to provide complete and accurate details regarding the Event, including but not limited to the date, time, location, number of guests, and any special requirements.

• It is the Client’s responsibility to notify us promptly of any changes.

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4.2 Age Verification:
Client Responsibility:

• It is the Client’s responsibility to ensure that all attendees meet the minimum legal drinking age requirement. By booking the event, the Client agrees to take full responsibility for verifying the ages of their guests.

• The Client must provide an attendee list upon request and confirm that all individuals on the list meet the legal drinking age requirements.

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Verification at Event Check-In:

• On the day of the event, we reserve the right to verify the age of all participants by requesting government-issued photo identification (e.g., driver’s license, passport, or state ID).

• Attendees who fail to present valid identification will not be allowed to participate in the wine-tasting portion of the event. No exceptions will be made.

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Refusal of Service:

• We reserve the right to refuse service to any attendee who cannot provide proof of age or who is suspected of being underage. 

• If one or more attendees fail to meet age requirements, this will not result in a refund or rescheduling of the event. The event will proceed with eligible attendees only.

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To ensure compliance with local and state laws regarding the legal drinking age, we will only accept the following valid government-issued photo identification as proof of age:
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Driver’s License:

• Must be issued by a U.S. state or territory and clearly display the attendee’s full name, photo, date of birth, and expiration date. Expired licenses will not be accepted.

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State-Issued Identification Card:

• Must be issued by a U.S. state or territory and include the attendee’s full name, photo, date of birth, and expiration date. Expired IDs will not be accepted.

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Passport or Passport Card:

• Must be issued by a government authority and include the attendee’s full name, photo, date of birth, and expiration date. Passports issued by foreign governments are acceptable if they meet these criteria and are in English or accompanied by an official translation.

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Military Identification Card (Active Duty, Reserve, or Retired):

• Must be issued by the U.S. Department of Defense and include the attendee’s full name, photo, and date of birth. If the date of birth is not displayed, additional proof of age may be required.

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International Driver’s License or Identification Card:
Must be issued by a recognized foreign government authority, include the attendee’s full name, photo, and date of birth, and be in English or accompanied by an official translation.
 
Important Notes on Identification:

• All IDs must be valid and not expired at the time of the event.

• Photocopies, digital images, or screenshots of identification will not be accepted. The original physical document must be presented.

• Attendees whose identification is deemed fraudulent or invalid will be denied participation in the wine-tasting portion of the event.

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How This Policy is Communicated to Clients:

• A clear list of acceptable forms of ID will be included in the booking confirmation email and event reminders.

• Attendees will be advised to bring a backup form of ID in case their primary ID is not accepted.

Event Cancellation Due to Non-Compliance:

• If more than 75% of attendees, or the Client themselves, fail to meet age verification requirements on the day of the event, we reserve the right to cancel the event immediately. In such cases, no refunds will be issued, as this constitutes a breach of the agreement.

Proactive Measures:

• To avoid disruptions, the Client is encouraged to inform all attendees in advance of the event that they will be required to bring valid identification proving their age.

• Reminders regarding the age verification policy will be included in the booking confirmation and event reminders sent prior to the event.

Liability Disclaimer:

• By booking the event, the Client agrees to indemnify and hold harmless the business and its representatives from any claims, damages, or penalties arising from non-compliance with age verification laws.

4.3 Venue Requirements:

• The Client shall provide a safe and suitable venue that complies with local regulations and is appropriate for serving alcohol.

• Any necessary permits, licenses, or insurance required by the venue or local authorities are the Client’s responsibility unless otherwise agreed upon in writing.

4.4 Conduct and Safety:

• The Client is responsible for ensuring that all participants consume alcohol responsibly.

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The Client assumes full responsibility for any injuries, damages, or incidents that occur as a result of alcohol misuse or overconsumption by any event participant. This includes, but is not limited to:

• Personal injury to guests or third parties.

• Property damage at the event venue or surrounding areas.

• Legal or financial consequences arising from the actions of intoxicated participants (e.g., drunk driving, disorderly conduct).

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• Safety Protocols:

  • To promote safety, we encourage the Client to provide food or snacks during the wine-tasting event to minimize the effects of alcohol consumption.

  • Non-alcoholic beverage options, such as water or sparkling water, will be made available during the tasting to ensure hydration and balance.

  • We recommend that the Client arrange for transportation options, such as ride-sharing services or designated drivers, to ensure all participants can travel home safely after the event.

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• Event Termination Due to Safety Concerns:

  • We reserve the right to terminate the event immediately if participants are found to be excessively intoxicated, engaging in unsafe behavior, or violating local laws regarding alcohol consumption. No refunds will be issued in such cases.

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• Indemnification Agreement:

  • By booking the event, the Client agrees to indemnify and hold harmless the business, its staff, and its representatives from any claims, damages, or liabilities arising from the misuse or overconsumption of alcohol by event participants.

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• Education and Support:

  • As part of our commitment to safety and responsible consumption, we will provide education during the wine tasting, emphasizing the importance of enjoying wine in moderation.

  • Participants will be served tasting-sized portions rather than full glasses to help maintain a controlled and enjoyable experience.

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• Disclaimers:

  • Participants are reminded that alcohol affects everyone differently, and it is their responsibility to monitor their personal limits.

  • We are not responsible for monitoring individual levels of intoxication beyond refusing service to visibly intoxicated participants.

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We encourage moderation and will assist in creating a safe, enjoyable environment by offering guidance on tasting portions and pacing during the event.

• We reserve the right to refuse service to any participant who appears intoxicated or is behaving inappropriately to ensure the safety of all attendees and staff.

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4.5 Allergies and Dietary Restrictions:

• The Client must inform us of any known allergies, intolerances, or dietary restrictions of any Event participants prior to the tasting.

• We will do our best to accommodate these needs; however, we cannot be held responsible for any allergic reactions that occur.

 
5. Service Delivery
5.1 Curated Wine Tasting Experience:

• We will deliver a professionally curated wine-tasting experience as outlined in the agreed-upon proposal. This includes:

• Wine Selection: A carefully chosen selection of wines tailored to the Client’s preferences, theme, or requested focus (e.g., regional wines, varietals, or unique vintages).

• Presentation: The setup and presentation of wine, glassware, and any additional materials needed for the tasting experience.

• Guidance and Education: Expert-led tasting guidance that highlights the characteristics, origins, and tasting notes of each wine. Participants will also receive an overview of tasting techniques and tips for enhancing their wine knowledge.

• Detailed descriptions of the selected wines, the tasting order, and any educational components will be shared with the Client in advance of the event to ensure alignment with their expectations.

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5.2 Customization of Services
Customization Requests:

• Clients may request customizations to their wine-tasting experience, including:

  • Specific wine selections or varietals.

  • Thematic experiences (e.g., “Old World vs. New World,” food and wine pairings, or sparkling wine focus).

  • Tailored educational components, such as deeper dives into wine regions or winemaking techniques.

• All customization requests must be communicated during the booking process and finalized no later than 14 days before the event to allow sufficient time for preparation and sourcing.

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1. Limitations and Modifications:

   • While we strive to meet all customization requests, certain factors, such as wine availability, seasonal variations, or vendor limitations, may require adjustments to the Service offering.

   • If modifications are necessary, we will notify the Client as soon as possible and present alternative options that align with the original vision of the event.

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5.3 Intellectual Property
Ownership of Materials and Content:

• All materials provided during the event, including but not limited to:

  • Wine-tasting guides, presentations, and handouts.

  • Digital or printed educational resources (e.g., tasting notes, wine region maps).

  • Content shared verbally or visually during the event (e.g., curated explanations, event themes, or branding).

• These materials are the exclusive intellectual property of Somm Out To Sea and are protected under copyright law.

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Restrictions on Use:

• Clients and participants may not reproduce, share, or distribute these materials without prior written consent from Somm Out To Sea.

• Unauthorized use of intellectual property, including sharing materials on social media, websites, or other platforms, is prohibited unless expressly permitted.

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Use of Event Content by Somm Out To Sea:

• With the Client’s prior consent, we may use photographs, testimonials, or event-related materials for marketing and promotional purposes (e.g., social media, website, or advertising).

• Any such content will respect the privacy of participants and comply with applicable data protection laws.

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6. Liability, Indemnification, and Disclaimers
6.1 Limitation of Liability:

• Our Services are provided “as is” and “as available.” We will exercise reasonable care in providing the Services; however, we do not guarantee any specific results.

• In no event shall [Your Business Name] be liable for any indirect, incidental, punitive, or consequential damages (including loss of profits or data) arising out of or related to the Services.

• Our total liability, whether in contract, tort, or otherwise, shall not exceed the total amount paid by the Client for the Event.

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6.2 Indemnification:

• The Client agrees to indemnify and hold harmless [Your Business Name], its owners, agents, and employees from any and all claims, liabilities, damages, or expenses (including legal fees) arising from:

  • The Client’s failure to comply with these Terms and Conditions.

  • Any injuries, property damage, or losses incurred by guests during or as a result of the Event.

  • Any breach of this Agreement by the Client.

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6.3 Alcohol Consumption and Responsibility:
The Client acknowledges that alcohol consumption carries inherent risks.
Somm Out To Sea is not liable for any injuries, accidents, or damages resulting from the consumption of alcohol.
The Client is responsible for ensuring that all guests drink responsibly and arrange for safe transportation if necessary.
 
6.4 Allergy Disclaimer:

• While we strive to accommodate dietary restrictions and allergies, the Client is responsible for informing us of any such concerns in advance.

• We shall not be held liable for any allergic reactions or adverse events related to wine or accompanying food items.

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7. Photography, Media, and Publicity
Grant of Permission:

• By attending the Event, the Client grants Somm Out To Sea permission to use any photographs, video recordings, or audio recordings taken during the Event for marketing, social media, and other promotional activities.

• This permission extends to various media platforms, including but not limited to our website, social media channels, printed brochures, newsletters, press releases, and advertising materials.

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Scope of Use:

• The Client acknowledges that such images or recordings may be modified or cropped as necessary to fit the needs of our promotional materials, while always aiming to maintain the integrity of the original content.

• There is no monetary compensation for the use of such images or recordings, and the Client waives any right to review or approve the finished product in which their likeness appears.

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Opt-Out Provisions:

• Should the Client wish to restrict or entirely opt out of having their image or recordings used in any future marketing or promotional materials, they must communicate this preference in writing before the Event.

• Any alternative agreement or restriction will be documented in writing and will override this standard policy for that specific Event.

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Data Protection and Privacy:

• All media content will be managed in accordance with our privacy and data protection policies. We commit to using the images and recordings in a manner that is both ethical and respectful of our clients’ privacy.

• In instances where sensitive or proprietary information is inadvertently captured, we will work with the Client to address their concerns and, if necessary, remove or obscure such information from public use.

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8. Privacy and Data Protection
8.1 Collection of Personal Data:

• Types of Data: We may collect personal data such as your full name, email address, phone number, event preferences, and any additional information provided during the booking process or subsequent communications.

• Methods of Collection: Data is collected through online booking forms, direct communications (e.g., email or phone), event registrations, and interactions with our website or social media channels.

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Purpose and Use of Personal Data:

• Service Provision and Improvement:

  • Your personal data is used to facilitate and manage your booking, customize your wine tasting experience, and ensure the smooth execution of our Services.

  • It allows us to communicate important information about the event, including any updates, reminders, or modifications.

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• Enhancement of Services:

  • We may use your data to analyze feedback and improve our offerings, ensuring that our services continually meet or exceed client expectations.

  • Your information helps us understand client preferences, allowing us to tailor our experiences to better serve your needs.

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• Marketing and Promotional Activities:

  • With your consent, your contact information may be used for occasional marketing communications. However, such usage will always comply with the preferences and permissions you have provided.

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Data Sharing and Third-Party Disclosures:

• Limited Sharing:

  • We will not share your personal data with third parties without your explicit consent, except in instances where disclosure is required by law or necessary to protect our rights.

  • Examples include compliance with legal requests (e.g., subpoenas or court orders) and cooperating with regulatory authorities.

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• Service Providers:

  • We may share your information with trusted third-party service providers who assist in delivering our Services (e.g., payment processing, event logistics).

  • These providers are contractually obligated to maintain confidentiality and use your data only for the specific purposes for which it is provided.

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Data Security and Storage:

• Security Measures:

  • We implement robust technical and organizational measures designed to protect your personal data against unauthorized access, loss, or alteration.

  • These measures include secure data storage solutions, encryption technologies, and regular security reviews.

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• Data Retention:

  • Your data is retained only for as long as necessary to fulfill the purposes outlined above or as required by applicable law.

  • Once the data is no longer needed, we will take appropriate steps to securely delete or anonymize it.

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Your Rights and Control:
Access and Correction:

• You have the right to access your personal data held by us and to request corrections if any information is inaccurate or incomplete.​

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• Deletion and Restriction:

  • Subject to legal and contractual obligations, you may request the deletion or restriction of your personal data.

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How to Exercise Your Rights:

• Should you wish to exercise any of your rights (access, correction, deletion, or objection to certain data processing activities), please contact us using the details provided in our Privacy Policy.

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Consent Management:

• You can manage your consent preferences for marketing communications at any time. Detailed instructions on how to do this are available in our Privacy Policy.

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Updates to Our Privacy Practices:

• Policy Evolution:

  • Our Privacy Policy, which governs the collection and processing of your personal data, may be updated periodically to reflect changes in our practices or legal requirements.

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• Notification of Changes:

  • We will notify you of any significant changes through our website or direct communication, ensuring that you remain informed about how your data is managed.

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Incorporation by Reference:
By accepting this Agreement and engaging our Services, you acknowledge that our full Privacy Policy is incorporated herein by reference. This means that all the terms, conditions, and practices outlined in our Privacy Policy form part of this Agreement, ensuring transparency and consistency in how we handle your personal data.
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9. Governing Law and Dispute Resolution
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Applicable Law:
This Agreement shall be governed by and construed in accordance with the laws of The State of Florida, without regard to any conflicts of law principles that might otherwise require the application of the laws of a different jurisdiction.
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Interpretation and Enforcement:
All provisions of this Agreement shall be interpreted in a manner that is consistent with the governing law specified above. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the courts located within The State of Florida, and each party irrevocably consents to the jurisdiction and venue of such courts.
 
9.2 Dispute Resolution
Initial Negotiations:
In the event of any dispute or claim arising from or relating to this Agreement, both parties agree to first attempt to resolve the matter through good faith and informal negotiations. This step is intended to allow the parties an opportunity to settle disagreements without incurring the costs and delays of formal legal proceedings.

• Mediation or Arbitration:
  If the parties are unable to resolve the dispute through informal negotiations within a reasonable period, the matter shall be submitted to mediation or arbitration as chosen by mutual agreement, in The State of Florida.

  • Mediation: A neutral mediator may be appointed to assist both parties in reaching a mutually acceptable resolution.

  • Arbitration: Should mediation fail to produce a resolution, the dispute will be resolved through binding arbitration conducted in accordance with the rules of an agreed-upon arbitration organization. The arbitration decision shall be final and binding upon both parties, and judgment on the award may be entered in any court having jurisdiction thereof.

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• Final and Binding Resolution:
  The decision reached through mediation or arbitration shall be final, enforceable, and binding on both parties. Each party agrees to comply with the resolution without delay, and any failure to do so may result in additional legal proceedings to enforce the decision.

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• Continued Performance:
  Notwithstanding any dispute, both parties agree to continue performing their obligations under this Agreement until such dispute is resolved through the aforementioned processes.

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10. Miscellaneous
10.1 Entire Agreement:

• This Agreement constitutes the entire understanding between the Client and Somm Out To Sea regarding the Services and supersedes all prior agreements or understandings.

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10.2 Amendments:

• Any changes or modifications to this Agreement must be made in writing and signed by both parties.

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10.3 Severability:

• If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

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10.4 No Waiver:

• Failure to enforce any provision of this Agreement shall not constitute a waiver of the right to subsequently enforce that or any other provision.

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10.5 Notices:

• All notices or communications regarding this Agreement must be sent in writing to the addresses provided by the parties and will be deemed received upon delivery, email confirmation, or certified mail receipt.

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10.6 Compliance with Laws:

• The Client agrees to comply with all applicable local, state, and federal laws in connection with the Event, including laws pertaining to alcohol consumption, safety, and venue regulations.

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10.7 Time Limitation for Claims:

• Any claims or disputes arising out of this Agreement must be initiated within one (1) year from the date of the Event. Claims made after this period will be considered waived.

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By booking our private wine tasting Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you have any questions or require further clarification, please contact us at info@sommout2sea.com.