All transportation companies must read, comply, and sign policy below

Transcription

1 Transportation Policy Wilson Creek Winery & Vineyards, Inc. is committed to providing a wonderful and safe experience for all our guests during their visit to Temecula Valley Wine Country! All transportation companies must read, comply, and sign policy below Reservations are required by all transportation companies and will be turned away if one is not made upon arrival. All transportation companies must let all guests traveling to wine country know that reservations are required prior to visiting. All drivers must check in with lot attendant and be on time for their reservation. To ensure the best customer service relations, drivers must escort guests to the ticket cashier to purchase their tickets on the weekends. All guests visiting must not be intoxicated, if so, they will not be allowed on the property. By law, we have the right to refuse service. Any issues with groups and intoxication, the driver is responsible for removing the group from the property immediately. California Penal Code 647 (f) PC, Drunk in Public. Drivers must remain on property at all times while guests are present. No outside alcohol is allowed on property except for Wilson Creek Winery wines or champagnes. Hard alcohol is highly discouraged. The transportation company and/or driver are responsible for reviewing the policy with all guests before arriving to Wilson Creek Winery. Wilson Creek Winery & Vineyards, Inc. wants to retain a great and positive relationship with all our preferred transportation companies to ensure a wonderful experience. By signing below, you fully understand, will communicate, and take responsibility that all drivers adhere to these policies while visiting the winery. Company Name: Owners Signature: TCP#: Dated:

2 WILSON CREEK WINERY & VINEYARDS, INC. GENERAL RELEASE, HOLD HARMLESS AND INDEMNIFICATION AGREEMENT AS A SPONSOR, PROMOTER, OWNER OR PARTICIPANT IN ONE OR MORE EVENTS HELD AT THE WILSON CREEK WINERY, OR WHICH INVOLVE THE WILSON CREEK WINERY IN ANY WAY ("EVENT") YOU ARE REQUIRED TO, AND HEREBY DO, ASSUME ALL RISK OF PARTICIPATION IN THE EVENT, AND BY SIGNING THIS AGREEMENT RELEASE, HOLD HARMLESS AND INDEMNIFY WILSON CREEK WINERY AS FOLLOWS : The undersigned and its officers, directors, employees, agents, personal representatives, assigns, heirs, executors, and successors hereby fully and forever release, hold harmless, and indemnify WILSON CREEK WINEREY & VINEYARD, INC., a California corporation, its affiliated companies, together with their officers, directors, shareholders, employees, agents, guests, invitees, successors and assigns, (collectively "WILSON CREEK WINERY") from all actions, claims, demands, damages, losses, expenses (including reasonable attorneys fees and court costs), injury, obligations, liabilities, controversies and executions, medical bills, lost wages, reimbursements for event or transportation costs, pain and suffering, diminution in quality of life, of any kind or nature whatsoever, whether known or unknown, whether suspected or not, which have arisen, or may have arisen, or shall arise by reason of any EVENT, and does specifically waive any claim or right to assert any cause of action or alleged cause of action or claim or demand which has, through oversight or error intentionally or unintentionally or through a mutual mistake, been omitted from this Release. The undersigned expressly waives and relinquishes, to the fullest extent permitted by law, the provisions, rights and benefits of Section 1542 of the California Civil Code, or any other similar provision under federal or state law, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. The undersigned is fully aware of and acknowledges the risks and hazards inherent in the EVENT and hereby assumes all risks of loss, damage, and injury that may be sustained by it or any participant in the EVENT, and agrees to indemnify and hold harmless the WILSON CREEK WINERY from any and all third party actions, claims, demands, damages, losses, expenses (including reasonable attorneys fees and court costs), injury, obligations, liabilities, controversies and executions, medical bills, lost wages, reimbursements for event or transportation costs, pain and suffering, diminution in quality of life, of any kind or nature whatsoever, whether known or unknown, whether suspected or not, which have arisen, or may have arisen, or shall arise by reason of any party s participation in any EVENT, including the undersigned s employees, invitees, guests, customers or other participants at the EVENT. The undersigned states that the WILSON CREEK WINERY is a direct and intended beneficiary of any release, waiver or the like obtained by the undersigned from any third party participating in the EVENT.

3 WILSON CREEK WINERY shall be named as an additional insured on the undersigned s policy of liability insurance, with a certificate evidencing such coverage to be presented to WILSON CREEK WINERY prior to the undersigned engaging in any EVENT(S) at the WILSON CREEK WINERY. In case any action or proceeding is brought against WILSON CREEK WINERY which relates to an EVENT, the undersigned shall reimburse WILSON CREEK WINERY for all reasonable attorneys fees and costs incurred by WILSON CREEK WINERY in defending such action. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. YOU SHOULD READ IT CAREFULLY AND CONSULT WITH AN ATTORNEY BEFORE YOU SIGN IT. THE UNDERSIGNED HAS READ THE FOREGOING AND INTENTIONALLY AND VOLUNTARILY SIGNS THIS GENERAL RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT. The undersigned, for full and valuable consideration and intending to be bound hereby from and after the date of execution, warrants that he/she has the authority to enter into this agreement and that all statements made herein are true and correct, acknowledging that WILSON CREEK WINERY has relied upon them in allowing undersigned to participate in the EVENT. Executed the day of, 201 BY: TITLE:

4 Wilson Creek Winery & Vineyards, Inc. Insurance Requirements for Any Company Coming Onto the Property Wilson Creek Winery & Vineyards, Inc. (sometimes referred to herein as Wilson Creek ) has established insurance requirements for those facility users, vendors, and contractors entering into agreements with Wilson Creek for the purpose of special events and activities. Before commencing use or services under an agreement with Wilson Creek, a certificate of insurance that complies with the requirements must be furnished. An event producer must comply with the insurance requirements to be able to obtain a reservation or facility access. Reservation and/or access to the facility will not be issued until all insurance requirements are satisfactorily met. With reasonable notice to event producers, Wilson Creek reserves the right to require insurance of event producers and/or vendors for activities other than those specifically mentioned, or to increase the minimum acceptable limits of liability. Approval of insurance by Wilson Creek does not in any way relieve or decrease the insurance liability of an event producer or vendor. Wilson Creek does not represent that the specified limits of liability, coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the event producer or vendor. All special event applications shall name Wilson Creek Winery & Vineyards, Inc. as an Additional Insured, per item one below, on all policy(ies), except workers compensation and shall reflect this on a Certificate of Insurance. Applicant agrees that any insurance available to the applicant shall be primary and non-contributory to Wilson Creek Winery s self insured retention. Applicant shall obtain certificates of insurance from all vendors participating in this event unless covered under applicant s insurance policy. Vendors must comply with all requirements listed in this section. Complete and accurate certificates must be received by Wilson Creek a minimum of five (5) working days prior to the event. Separate certificates of insurance shall be provided by all vendors and production companies with the limits shown in this section and shall name Wilson Creek Winery & Vineyards, Inc. as Additional Insured as per item one below. Additional coverage may be required depending upon the nature and scope of the event. For more information or questions regarding insurance requirements, please contact Wilson Creek. Wilson Creek reserves the right to evaluate the liability of each event and assess the required insurance limits. Reservation and/or access to the facility will not be issued until all insurance requirements are satisfactorily met. The certificate must show: 1. Wilson Creek Winery & Vineyards, Inc. named as Additional Insured. All certificates of Insurance policies must reflect this with the exception of workers compensation.

5 2. Wilson Creek shall be notified at least 30 days prior to cancellation or alteration of any insurance coverage and at least 10 days prior notice of cancellation for nonpayment of premium. 3. Workers Compensation Policies shall contain a Waiver of Subrogation clause in favor of Wilson Creek Winery & Vineyards, Inc.. 4. General Liability Including: Bodily Injury Contractual Independent Contractors Comprehensive Form Product/Completed Operations Hazard Premise Operations Personal Injury Broad Form Property Damage Insurance Limits: General Events: General Events consist of those events held at Wilson Creek Winery & Vineyards, Inc. General Liability- 1,000,000 each occurrence, $2,000,000 aggregate, 2,000,000 Products & Completed Ops Agg., $1,000,000 Personal & Advertising Injury, $500,000 Damage to Rented Premises and $5,000 Med Exp. (Any One Person) Auto Liability: $1,000,000 combined single limit (each accident), coverage to included hired and non-owned auto. Workers Compensation-California Statutory Requirements, coverage to include a Waiver of Subrogation. Liquor Liability: $2,000,000 each occurrence