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.

 

Eligibility

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.

 

Weather

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 keeping an eye on the weather and dressing appropriately. Absent evacuation type proceedings, under no circumstances will a Participant be entitled to a refund or additional financial accommodations due to poor weather conditions.

 

Refunds and Cancellation Due to Non-Attendance

Due to the nature of the events, no refunds will be given for cancellations. However, if you cannot attend the dinner, you are welcome to transfer your tickets to someone else. Please contact us 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. Transfer of funds for your tickets is your responsibility.

 

Attire

No refunds or accommodations will be given as a result of improper attire worn by the Participant. Our dinners take place on all sorts of natural terrains, in the fields of working farms and vineyards, alongside rivers and seas. Please dress accordingly and remember to wear appropriate shoes. It can get cold at night, even after a warm day, so please come prepared with a jacket or blankets to keep you comfortable.

 

Limited License

Outstanding In The Field reserves the right to refuse admission or eject any person whose conduct is deemed by management to be disorderly or who fails to comply with the terms and conditions herein.

 

Media License

You consent 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 you have chosen 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 you are representing and warranting that you know of no medical, physical reason why you 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 RELINQUISHS OUTSTANDING IN THE FIELD’S OFFICERS, MANAGERS, AGENTS, AND EMPLOYEES (COLLECTIVELY “THE RELEASEES”) FROM ANY AND ALL LIABILITY, CLAIMS AND DEMANDS, INJURIES (INCLUDING DEATH), PROPERTY LOSS OR DAMAGES INCLUDING LEGAL FEES, COSTS, 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 TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnification

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.

 

Jurisdiction

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.

 

Arbitration

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.