Terms of Purchase
The Terms of Purchase are between you, the purchaser and the purchaser’s guests (together “you” or “the Participant”) and Outstanding in the Field, Inc., a California Corporation (“Outstanding in the Field”). In consideration of the consent of Outstanding in the Field to provide you with services, you voluntarily agree to the following terms and conditions of purchase. If you do not agree to these terms, please do not purchase a ticket.
The Outstanding in the Field experience is intended for adults. Due to the length of the event, the family style service and out of respect for all of our guests, participants must be 21 years of age to participate. Additionally, participants may not bring animals of any sort.
All events proceed rain or shine. In the event of rain, Outstanding in the Field will arrange for shelter for the table. Participants will still receive a tour of the farm, and Outstanding in the Field recommends dressing appropriately. Absent an evacuation situation, under no circumstances will a Participant be entitled to a refund or additional financial accommodations due to poor weather conditions.
Any delay in whole or in part in the event caused by the occurrence of any fire, flood, earthquake, elements of nature or acts of God, pandemic or widespread illness, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other similar cause beyond the reasonable control of Outstanding in the Field shall be excused and not considered a breach of this Agreement, nor shall it entitle the Participant a refund on the purchase amount.
Refunds and Cancellation
Due to the nature of the events, no refunds or credits will be given if the Participant is unable to attend. However, tickets can be transferred to someone else. Please contact us firstname.lastname@example.org with the new guest’s information at least 24 hours prior to the event, or tell the guests using your reservation to give your name at arrival. Our Facebook page is a good place to post tickets if you cannot attend an event; people often go there looking to buy or sell last minute seats. Transferring funds for your tickets is your responsibility.
In the case of an event being postponed due to circumstances beyond Outstanding in the Field’s control, Outstanding in the Field will reschedule said event and all purchases will be honored for the rescheduled future event date. No monetary refunds will be issued. If a guest is unable to attend the rescheduled event, Outstanding in the Field will issue a credit for the original purchase amount, for the guest to use toward another OITF event of their choice.
No refunds or accommodations will be provided as a result of improper attire worn by the Participant. Events take place on all sorts of natural terrain and in the fields of working farms and vineyards, so please wear proper attire and appropriate shoes. Please dress accordingly and remember to wear appropriate shoes. A jacket and/or blanket is recommended as it often gets cool in the evening.
Outstanding in The Field reserves the right to refuse admission to or eject any Participant whose conduct is deemed to be disorderly, or any Participant who fails to comply with the terms and conditions herein.
The Participant consents to Outstanding in the Field’s commercial, journalistic and internal use of any media image, audio or visual, taken by, on behalf of, or for the use of Outstanding in the Field during your participation in the event.
Assumption of Risk
By purchasing an event ticket, the Participant chooses to voluntarily participate with the full knowledge that the activity may be hazardous to your person or property, as well as the person and property of others. By participating in the event, the Participant represents and warrants that s/he knows of no medical or physical reason why s/he should not participate in the activities.
Release and Waiver
YOU ASSUME ALL RISK AND DANGER INCIDENTAL TO THE EVENT WHETHER OCCURRING PRIOR TO, DURING, OR AFTER SAID EVENT. EACH PARTICIPANT KNOWINGLY AND VOLUNTARILY RELEASES, WAIVES, DISCHARGES AND RELINQUISHES OUTSTANDING IN THE FIELD’S OFFICERS, MANAGERS, AGENTS, AND EMPLOYEES (COLLECTIVELY “THE RELEASEES”) FROM ANY AND ALL LIABILITY, CLAIMS AND DEMANDS, INJURIES (INCLUDING DEATH), ILLNESS, PROPERTY LOSS OR DAMAGES INCLUDING LEGAL FEES, COSTS, MEDICAL EXPENSES AND EXPENSES OF ANY KIND OR NATURE WHICH ARISE FROM OR RELATE TO PARTICIPANT’S TIME AND ACTIVITIES AT THE EVENT AS A RESULT OF THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OF RELEASEES.
Limitation of Liability
OUTSTANDING IN THE FIELD SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Outstanding in The Field from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney’s fees arising from any loss, injury or other damage resulting from your negligence or act resulting in harm to another patron attending the event.
You agree to submit to the exclusive jurisdiction of any state or federal court located in the County of San Francisco, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference. In the event that the dispute, claim or controversy is not resolved through negotiation all claims and disputes are to be settled by binding arbitration in the State of California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees.