This document serves as a legally binding release, waiver of liability, and assumption of risk agreement.
- The term “Passenger” shall include occupants and customers of Brew Trek Houston.
- The term “Agreement” shall mean the Terms of Service, Refund/Cancellation Policy, and Indemnification Clause.
- The term “Employees” shall refer to any employees, drivers, hosts, or people associated with Brew Trek Houston.
- The term “Brew Trek Houston” shall refer to Brew Trek Productions, LLC, a Texas limited liability company d/b/a Brew Trek Houston (“BTH”).
- Acceptance of this Agreement means Passenger has reviewed and accepted this Agreement and are bound by its terms if Passenger uses BTH services or otherwise indicate affirmative acceptance of such services.
- BTH and/or any of its Employees reserve the right to refuse service to anyone at any time for any reason.
- BTH and/or any of its Employees reserve the right to remove any Passenger from the vehicle at any time for any reason if deemed necessary. Should a Passenger be removed from the vehicle at any time for any reason, BTH is not responsible for that respective Passengers’ further transportation.
- BTH is not responsible for illness incurred by Passenger during the course of any given trip. In the event a passenger vomits or urinates inside the bus, the Passenger shall assume and be solely responsible for an additional fee of $350.00 for BTH to clean and sanitize the bus.
- Each Passenger on the BTH agrees to be personally and financially responsible for any damages caused to the BTH or any equipment including, but not limited to stains, spills, dents, scratches, or any other physical damage to buses or its equipment.
- Each Passenger on BTH is allowed one personal carry-on (purse, small backpack, briefcase, or small bag) or small lunch bag. Additional baggage is subject to a charge of a passenger seat, and is subject to space available.
- Each Passenger on BTH agrees to not bring illicit drugs or drug paraphernalia on their person or among their possessions at any time. Alcohol is not permitted to be brought on to the bus.
- BTH and any of its Employees are not responsible for lost or stolen equipment or any other personal belongings. Passenger assumes all risk of loss of personal property and agrees to hold harmless BTH.
- If a Passenger fails to board the bus supplied by BTH, unless otherwise notified, BTH shall assume the Passenger has found another way home. In the event any Passenger fails to board BTH for the return trip for any and all reasons including, but not limited to tardiness, forgetfulness, distraction, injury, or arrest, the Passenger shall assume and be solely responsible for return transportation.
- BTH acts only as an agent for the companies that supply beverages on the tours and shall not be held responsible for losses, delays, accidents and injuries caused by persons engaged in carrying out the services provided by the tour.
- Passenger acknowledges and agrees that BTH shall not be responsible or liable for any accident, injury, theft, loss or damage whatsoever sustained by Passenger, which may occur in conjunction with any activity on the tour. Passenger waives any claim which Passenger may have against BTH arising from or as a result of such accident, injury, theft, loss or damage.
- Photos and/or video may be taken on the tour. Photos and video remain the property of BTH and may be used in advertisements, social media or other media publications.
- Passenger acknowledges that BTH activity involves the consumption of alcohol and understands the potential risks associated with the consumption of alcohol. Passenger acknowledges he or she is not aware of any medical condition(s) that would prevent Passenger from consuming alcohol or would result in injury or damage to Passenger as a result.
- Severability. If any provision of the Agreement of the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.
- Should BTH cancel the tour for any reason, all purchases will be refunded, including taxes. All sales are final. However, should a Guest wish to move their reservation to a mutually agreed upon date, BTH may accommodate on a case by case basis. Should the Guest arrive at the bus launch location late, no refund will be given.
- Passenger 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 Passenger in connection with BTH tours shall be governed by and construed in accordance with the internal laws of the state of Texas 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. By signing this Agreement, each Passenger hereby submits to the exclusive jurisdiction and venue of the Federal and State courts in Houston, Harris County, Texas and hereby waives any claim that is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient or improper venue. Indemnification and Liability of Customer
PASSENGER AGREES THAT PASSENGER SHALL BE RESPONSIBLE FOR AND SHALL INDEMNIFY, AND HOLD HARMLESS BTH AND SHALL REIMBURSE BTH FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED BY BTH IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF (i) PASSENGER’S USE OF THE SERVICE BTH PROVIDES; AND (ii) PASSENGER’S BREACH OF ANY PROVISION OF THIS AGREEMENT.
PASSENGER HAS READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS AND HAS SIGNED IT FREELY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE 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. PASSENGER HEREBY AGREES TO ALL OF THE TERMS OF THIS AGREEMENT.