THE BREWTORIUM BEER FOR LIFE AGREEMENT
September 1, 2017
This Agreement (“Agreement”) is being entered into on the date set forth on the signature page hereto by the undersigned ______________________________, (hereinafter “Customer”) and The Brewtorium – North Austin, LLC (hereinafter “Brewery”) and agree as follows:
1. Benefits to Customer for Participation
Subject to the conditions described later in this Agreement, Customer will be entitled to the following benefits as a participant in this Agreement (collectively, “Privileges”):
Pre-Paid Craft Beer.
(1.) Beer for Life – 1 beer per day every day we’re open in perpetuity for $1,000.
(2.) Growler for Life – A specialty growler and 1 growler fill once a week every week we’re open in perpetuity for $1000.
2. Use of Privileges.
None of the privileges will be available to Customer unless and until Brewery has held the grand opening. Customer understands and agrees that, if the Brewery never opens for business, Customer will not receive any Privileges. Once the Privileges are available Customer shall only be entitled to use them while Brewery is open to the general public.
3. I understand that my rights to the Privileges are conditional. What are the conditions?
Notwithstanding anything in this Agreement to the contrary, I will not have any rights to privileges unless each of the following conditions is fully satisfied:
- All privileges will be available to me subject to, and only in full compliance with, all applicable laws and regulations.
- Privileges may only be used when the Brewery is open to the general public.
- I must at all times while at Brewery (i) drink responsibly and in moderation, (ii) exercise good judgment, (iii) treat other patrons, servers, bartenders and other people with courtesy and respect, (iv) not take any action that might jeopardize the health, welfare or safety of myself or any other person and (v) not engage in any harassment or violent or inappropriate conduct.
- I must not drive if unable to do so safely because of the consumption of alcoholic beverages or medication or for any other reason.
- I must present acceptable photo identification to Brewery staff as proof of identity and proof that I Am over 21 years of age.
- I must not appear intoxicated on the premises of Brewery.
- Unforeseen circumstances, including, for example, acts of god, inventory shortages, utility service interruptions, suspensions of licenses and acts of terrorism, may prevent or interfere with my use and enjoyment of the privileges.
4. I understand that my participation in the Privileges program requires me to satisfy certain qualifications and acknowledge certain aspects of the program.
I represent, acknowledge and agree that (a) I am over 21 years of age, (b) my status as a Customer of the Brewery and my participation in the Privileges program does not provide me with any ownership, managerial authority over any aspect of the Brewery business or operation of Brewery, (c) I am not entitled to any discounts, free food and beverages or special services or treatment by the Brewery or Brewery staff, except as expressly set forth in this Agreement, (d) I am participating voluntarily in the Privileges program, and you are not encouraging the excessive consumption of alcohol, (e) none of these Privileges is redeemable for cash, (f) the Privileges have no monetary value and are non-refundable and (g) Brewery reserves the right to modify the terms and conditions of the Privileges program, including, without limitation, any terms and conditions of this Agreement, at any time or from time to time, without any compensation or refund to me. In furtherance and not in limitation of the foregoing, if, at any time, you determine in your sole and absolute discretion that my continued participation in the Privileges program is in any way harmful to the reputation, business or prospects of Brewery, including, for example, if I am charged or convicted of a crime involving dishonesty or moral turpitude, you may revoke all or any of my privileges under the Privileges program, and I will not be entitled to any compensation or refund, (h) I am not receiving any ownership interest of any kind whatsoever in the Brewery or any aspect of the Brewery.
5. I understand that the Privileges are not transferable
Unless you give me your prior written consent, I am prohibited from directly or indirectly assigning, selling, encumbering, hypothecating or otherwise transferring or disposing of all or any part of my rights and obligations under this Agreement.
This Agreement and any claims associated herewith shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to its choice of law provisions. This Agreement constitutes the entire agreement between us with respect to the subject matter hereof, and supersedes all prior agreements and understandings, if any, relating to the subject matter hereof. Nothing expressed or referred to in this Agreement will be construed to give any person, other than the parties to this Agreement, any legal or equitable right, remedy or claim under or with respect to this Agreement or any provision hereof. If any provision of this Agreement, including, without limitation, clause (g) of paragraph number 4, should be found by any court of competent jurisdiction to be invalid, illegal or incapable of being enforced, all other conditions and provisions of this Agreement will nevertheless remain in full force and effect. This Agreement shall be executed by me when I make the purchase online.