1. Payment is required in full before or at the time of pick up and is non-refundable in the event any
breach results under the terms of this Contract.

2. A $200 NON-REFUNDABLE deposit is required at the time of booking to reserve your date. A
cancellation fee of two hundred fifty dollars ($300) or 50% of the total, whichever amount is greater, will
be charged to the credit card of Client on file for any cancellation made within (10) days of Scheduled
charter.

3. If Client attempts to cancel the Contract, after pick up has occurred, Company is authorized to charge the
credit card of Client on file for the remaining balance in full.

4. Overtime will be permitted, upon vehicle availability. Overtime is billed at a rate of $75 per half hour,
rounded to the next full half hour, and will be collected at the end of the trip by cash payment or will be
charged to the credit card of Client on file.

5. Company inspects each vehicle before, during, and after each rental. In the event of damage to the
vehicle, the Client assumes full financial liability for any and all damage caused by Client or any members
in Client’s party during the service. Financial liability includes, but is not limited to all repairs,
replacement or restoration costs to the interior and exterior of the vehicle, equipment or any affected area.
The cost may be charged to the Client’s credit card on file or billed directly to the Client, without prior
notice. Below is a list of minimum repair / restore / replacement costs as reference but final bill to Client
will be based on the charge(s) incurred by Company once repairs / replacements / restorations are
completed: A. Ripped or Damaged Upholstery – $150.00 B. Any Major Damage to Bar – $500.00 C.
Breaking of lights – $150.00 D. Damage to Ceiling – $300 E. Damage to Railing, Poles or Handle Bars –
$300 F. Breaking of DVD player, CD player, MP3 player, or Radio – $250.00.

6. NO SMOKING is PERMITTED in the vehicle. There will be a $250.00 detailing fee to removing odors
if the Client or any member’s in Clients party violates this condition. These fees may be charged to the
Client’s credit card on file at Company’s discretion.

7. Any EXCESS mess in the vehicle as a result of extreme stains, vomit, or other causes will result in the
following additional fees for clean up: A. Excessive Mess in the Vehicle – $100.00 B. Stained Carpet –
$100.00 C. Vomit on the interior or exterior of the Vehicle –$100.00. The fees may be charged to the
Client’s credit card on file at Company’s discretion.

8. Company reserves the right to refuse service to: A) persons that appear to be under the influence of
drugs, B) are unable to care for one’s self or are objectionable to another passenger, C) are found with a
weapon, or D) are found with illegal narcotics or contraband. No person will be allowed to carry on or use
any item deemed a “weapon”, illegal narcotics or controlled substances in the vehicle. Company reserves
the right to inspect all belongings for weapons, illegal substances or contraband. In the event this condition
is violated, service will be terminated IMMEDIATELY without refund. The Client shall be financially
responsible to pay all fines and penalties assessed by state and/or local authorities and any other legal fees
incurred by Company as a result of the violation of any law by the Client or any member’s in the Client’s
party.

9. Alcohol will be PROHIBITED in or around the vehicle if minors are present in the vehicle.
Alcohol in the vicinity of or consumption by a minor will not be tolerated. Company reserves the right to
inspect all belongings for alcohol and contraband. Company reserves the right to check the identification
of any passenger in the vehicle at any time and for any purpose whatsoever. In the event of underage
alcohol consumption or illegal drug use, the service will be terminated IMMEDIATELY without refund.
The Client shall be financially responsible to pay all fines and penalties assessed by state and/or local
authorities and any other legal fees incurred by Company as a result of the violation of any law by the
Client or any member’s in the Client’s party.

10. If the Driver is or feels threatened, or otherwise deems the party unruly or endangering the safe
operation of the vehicle, the Driver has the right to terminate this Contract IMMEDIATELY without any
refunds and drop passengers off at the nearest safe location. This is meant for the safety of Company, Client and members in the Client’s party. Company also reserves the right to expel any person(s) from the vehicle
for any reason mentioned above or any other misconduct.

11. Any fines the Company is charged due to the actions of Client or the Client’s party will be charged to
the credit card of Client on file. These include, but are not limited to fines related to over capacity, jumping
on top of the vehicle, and throwing trash/littering out of the vehicle. Client is also responsible and will be
charged for any parking fees and toll fees incurred during the transporting of Client.

12. Neither Company, its agents, or employees shall be liable for any personal property of Client or
members of Client’s party, which is misplaced, damaged, stolen, or left in the vehicle.

13. The Client consents to allow Company to use any and all video, audio or photographs produced during
the fulfillment of this Contract which would depict the Client and any member of Client’s party for any
purpose Company chooses to, including marketing and commercials of any type (internet, television,
magazines, etc).

14. Except in the case of willful misconduct or gross negligence of Company, its agents or employees, the
Client hereby waives any & all claims against Company, its agents or employees for injury, loss, or
damage, including consequential damages, to Client or members of client’s party’s person or property from
whatever cause. Client waives any right of subrogation with regard to the same. Company is not
responsible for injuries that occur while riding in vehicles. Any injury that does occur must be reported
immediately to the driver of the vehicle. Injuries not immediately reported are treated as if they did not
occur during the Contract.

15. All rentals are subject to weather conditions. If conditions are deemed unsafe by Company, Client will
be contacted with as much notice as possible. Any cancellations due to weather will be eligible for a
reschedule at the next available date, or refund of deposit. Company does not guarantee arrival at or
departure from any point at a specific time due to circumstances beyond its control such as accidents,
breakdowns, traffic and road conditions, storms, etc. and shall not be held liable for claims resulting in
delays from such conditions. Company cannot be held responsible for delays or inconveniences due to
unknown and/or unforeseen mechanical failures or situations deemed as “Acts of God.”

16. In the event of a vehicle breakdown, all efforts will be made to supply a replacement vehicle. If a
replacement vehicle is sent and/or client refuses a replacement vehicle, no refund is due. If no replacement
vehicle is available, refund shall be limited to the amount paid by customer. Company is not responsible to
fulfill itineraries developed by Client, which indicate a time that Client expects to arrive at certain locations
after the initial pick up time.

17. Company reserves the right to substitute the reserved vehicle for another replacement vehicle for any
reason. Company will make a good-faith effort to notify the Client in case a substitution does occur.
Company will also make a good-faith effort to substitute with a similar type of vehicle.

18. Client agrees that all terms of this Contract and any disputes that may arise from this Contract shall be
interpreted under the laws of the state of California. Client also agrees that any and all disputes and claims
relating in any way to this Contract (including the arbitration of any claim or dispute and the enforceability
of this paragraph) shall be submitted to and resolved by means of confidential arbitration conducted in the
State of California, County of San Diego. The arbitration shall be conducted under the then prevailing
Commercial Arbitration Rules of the American Arbitration Association (AAA) by an arbitrator mutually
agreed upon by Client and Company. Client and Company may litigate in court only to compel arbitration
under this Contract or to confirm, modify, vacate, or enter judgment on the award rendered by the
arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Contract
shall be joined in an arbitration involving any other current or former user of Channel Drive Inc, whether
through class arbitration proceedings or otherwise. If the arbitrator determines that one party prevailed in
the arbitration process they will be entitled to compensation for attorney’s fees and costs from the other
party.

19. The Terms constitute the entire Contract between each Client and Company with respect to all subject
matter covered herein, and supersede all previous communications, representations, understandings and
Contracts, either oral or written, between the parties with respect to said subject matter. This Contract or
any portion hereof shall not be construed against the drafting party by reason of that party having drafted the Contract or portion hereof. This Contract may not be modified by either party, except by a written
Contract signed by both Client and Company.

20. By clicking accept directly below I (Client) signify that I have read the terms and conditions stated
above in this Contract and agree to all stated terms and conditions. I further declare and represent that I am
at least 18 years of age, that I have full legal capacity to be bound by this Contract, and that I am signing
this Contract of my own free will and accord. I (Client) authorize Company to charge my credit card and
agree to its terms.

SB Wine Tours

SB Wine Tours