Terms of Service and Online Release of Liability and Waiver

 

Acceptance of this Agreement.  You will have accepted this Agreement and be bound by its terms if you use the Brew Cruz services or otherwise indicate your affirmative acceptance of such services.

 

Definitions.  The terms “Passenger” or “Passengers” and “Customer” or “Customers” shall include customers of the Brew Cruz and occupants of the Brew Cruz bus.  The term “Brew Cruz Event” shall mean scheduled brewery tours or other tours operated by the Brew Cruz, private Brewery and other tours operated by the Brew Cruz, and bus charters contracted with the Brew Cruz.  The term “Employees” shall refer to any employees, drivers, hosts, or people associated with the Brew Cruz, including but not limited to its owner.

 

Refund / Cancellation Policy.   Because we reserve seats for you and must turn away other customers once you've made a booking, our cancellation policy and reschedule policy is as follows:

For regularly scheduled individual trips on a Public Tour, if Brew Cruz is notified 5 days prior to your trip, a 50% refund will be given, with no refunds after that. Brew Cruz can host tours as long as a minimum of 4 passengers or more are aboard. If for some reason we do not reach that amount, we will notify you ASAP, and offer either a full refund, or an opportunity to schedule for another tour. 

 

For Private Tours or Charters, all deposits are non-refundable. If Brew Cruz is notified 5 days prior to your trip, the second half of your payment will be cancelled/not charged. For ticket transfers of previously scheduled guests to new guests, please notify Brew Cruz at least 48 hours ahead of time with the new guest information. 

 

Cancellations can be made by emailing us at annie@scbrewcruz.com or by calling 831.222.0120.

 

Missing the Bus. Brew Cruz will not offer a refund or trip credit for arriving late for pickup and missing the bus for any reason. Please, arrive early for pickup, don't miss the bus and lose your money.  If you arrive late for a tour and miss the bus, you can try and meet us at our first stop by taking a taxi there at your expense.

 

Cancellations by Us. We reserve the right to cancel a tour if less than 4 passengers have booked the Public Tour and less than 8 passengers have booked a Private Tour on Betty Jane. If the minimum passenger count is not met and we elect to cancel the tour, Brew Cruz will inform you of the cancellation at least 24 hours in advance of your scheduled tour. In the case of Public Tours, the notification may be 2 hours prior to your scheduled departure. In the case of cancellations for the Public Tour, you will be given the choice of receiving a full refund or rescheduling your reservation. In the case of cancellations for the Private Tour, you will not receive a refund if you do not meet the minimum number of passengers (8) needed, but will be given the opportunity to reschedule for a later date.

 

Drunk or Disorderly Passengers.  If you arrive for the tour intoxicated then you will not be allowed to participate in the tour, and your ticket price will not be refunded. If you become over-intoxicated or unruly while on the tour, you will be asked to leave the tour without a refund. If you are not allowed back on the bus,  you will be responsible for any costs incurred to get back to your destination or drop off point. The Brew Cruz tour guide/driver will determine what is considered intoxicated at his/her discretion.

 

Damages to the Bus.  Each Passenger on the Brew Cruz agrees to be personally and financially responsible for any damages caused by such Passenger to the Brew Cruz bus or any equipment, including but not limited to stains, spills, dents, scratches, or any other physical damage to the bus or its equipment. In the event a passenger vomits inside the bus, the Passenger shall be charged an additional fee of $250.00 for the Brew Cruz to clean and sanitize the bus.

 

ASSUMPTION OF RISK AND RELEASE OF LIABILITY.  By taking a Brew Cruz brewery tour or by chartering the Brew Cruz bus for a private event, I understand that I am voluntarily participating in the Brew Cruz tour or charter at my own risk and believe that I am in appropriate health and physical condition to participate in this event. For any event where alcohol may be involved, such as any public brewery tour, I certify that I will be 21 years of age or older on or before the date of the event, and that I am aware that consumption of alcoholic beverages can be a hazardous activity.   I will not hold Brew Cruz responsible for my own irresponsible consumption of alcohol and any irresponsible or stupid things I do while on a tour or on a Brew Cruz charter. If there are any medical or other conditions, medications or special instructions Brew Cruz should be aware of during my participation in Brew Cruz event I will submit them in writing prior to attending the Brew Cruz event. I acknowledge that I will be required to sign a liability waiver prior to participating in any Brew Cruz sponsored event.

 

DON’T DRIVE AFTER DRINKING!!  Please do not attempt to drive after participating in any Public or Private Brewery Tour offered by Brew Cruz or in a Brew Cruz charter during which alcohol has been consumed.  We offer a pickup that is conveniently located to arrive and depart by Public Transportation or Taxi. By attending a Brew Cruz event, I promise not to operate a vehicle of any kind under the influence of alcohol and/or drugs before, during, or after a Brew Cruz event. I promise to make any necessary arrangements for transportation and/or lodging prior to the date of the tour. I agree to notify a Brew Cruz staff member at any time during a Brew Cruz event if I need a taxi service called on my behalf. By participating in any Brew Cruz event, I take full responsibility for my own decisions and will not hold Brew Cruz or its staff members liable for my actions if I choose to behave dangerously or break the law.

 

NO ILLEGAL DRUGS!!  Each Passenger on the Brew Cruz agrees to not bring illicit drugs on their person or among their possessions at any time during a Brew Cruz Event.

 

PARKING AND STOPS.  Brew Cruz  does not guarantee parking at any of its designated pickups and is not responsible for any damage, theft, tickets, or towing which resulted from parking at or near the designated pickups. The Brew Cruz and any of its Employees reserve the right to make any number of stops at any location for any reason at any point during the service of the trip at the discretion of the driver.

 

PERSONAL ITEMS BROUGHT ONTO THE BUS.  If desired, each passenger on a brewery tour may bring bottles or cans of beer onto the bus for consumption while travelling between breweries. The Brew Cruz and any of its Employees are not responsible for lost or stolen personal belongings brought onto the bus.

 

REFUSAL OF SERVICE.  The Brew Cruz and/or any of its Employees reserve the right to refuse service to anyone at any time for any reason.  The Brew Cruz shall not issue a refund if you are refused service at a brewery due to your level of intoxication If you have behaved in a drunk or disorderly fashion during a Brew Cruz Event, you will not be allowed to book another Brew Cruz Event in the future.

 

ILLNESS.  The Brew Cruz is not responsible for illness incurred by Passenger during the course of any given trip, including but not limited to motion sickness.

 

FAILURE TO TIMELY REBOARD THE BUS.   If a Passenger fails to board the Brew Cruz following a stop during a tour or charter, unless otherwise notified, the Brew Cruz shall assume the Passenger has found another way home.  In the event any Passenger fails to board the Brew Cruz for the return trip for any and all reasons including, but not limited to tardiness, forgetfulness, distraction, injury, or arrest; if needed the Passenger shall assume and be solely responsible for an additional fee of $50.00 within the city limits of Santa Cruz or $250.00 outside the city limits of Santa Cruz for the Brew Cruz to return and pick up the Passenger.  The Brew Cruz may contract for the return service with another company. This cost shall be exclusive of, and additional to, any and all costs already paid by the Passenger.

 

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.

 

INDEMNIFICATION.  YOU AGREE THAT YOU SHALL BE RESPONSIBLE FOR AND SHALL INDEMNIFY, AND HOLD HARMLESS THE BREW CRUZ AND SHALL REIMBURSE THE BREW CRUZ FOR ANY DAMAGES, LOSSES OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND COSTS) INCURRED BY THE BREW CRUZ IN CONNECTION WITH ANY CLAIMS, SUITS, JUDGMENTS AND CAUSES OF ACTION ARISING OUT OF (i) YOUR USE OF THE SERVICE THE BREW CRUZ  PROVIDES; AND (ii) YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT.

 

RELEASE OF LIABILITY.  To the fullest extent allowed by law, I agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS the Brew Cruz and its owners, parents, subsidiaries and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents and employees (collectively, “Released Parties”) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, my death or personal injury relating to my participation in a Brew Cruz Event, even if caused by NEGLIGENCE of the Released Parties; Such negligence could involve (a) negligent operation and supervision of the Brew Cruz bus, (b) negligent maintenance or operation of the Brew Cruz bus in general, (c) negligent manufacture of or use of equipment to be used in the Brew Cruz bus, including the bus itself, and (d) the negligent provision of emergency response services. I understand and intend that the assumption of risk and release is binding upon my heirs, executors, administrators and assignees.

 

I have read the above indemnification and release of liability clauses in their entirety and I assume all risks of injuries and damages as stated or implied in this Agreement. I acknowledge my waiver of any right I may have to bargain for different terms of this waiver and recognize that a narrower waiver would increase the costs associated with the Brew Cruz and/or limit or preclude the offering on Brew Cruz tours. By my signature below, I further acknowledge and represent that I am over twenty one (21) years old and, if born subsequently to 1980, that I was born on the date entered below.

 

The indemnification, waiver and release of liability provisions of this Agreement are intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Agreement is held to be invalid or legally unenforceable for any reason, the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.

By signing the form below, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request to sign a paper copy instead. By signing below, you are waiving that right. After consent, you may, upon written request to Brew  Cruz, obtain a paper copy of an electronic record. No fee will be charged for this request. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature

2018.  Proudly created by Brew Cruz. ToS