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Acknowledgements and Agreement

Definitions:

  • “We”, “Our”, “Us” are the people employed, contracted, or authorized representatives Lochiel Brewing, LLC. Authorized representatives of Lochiel Brewing, LLC are only individuals or entities with a written document affirming the authorized representation and signed by the Owner of Lochiel Brewing, LLC.
  • “Facility”, “Location”, “Bar”, “Premise”, “Tasting Room”, “Tap Room” is the place Lochiel Brewing, LLC does business at 7143 East Southern Avenue Suite 131, Mesa, AZ 85209.
  • “You”, “Your”, “Yourself” is the patron, customer, person receiving service or goods, or simply entering our facility.
  • “COVID” refers to all shapes and forms of the SARS-CoV-2 or COVID-19, or related names.

COVID Acknowledgments:

  1. We do not wear masks behind the bar.
    1. If this bothers you, do not proceed with your reservation booking.
    2. If this bothers you, do not enter our facility.
  2. You understand that our staff are allowed to not wear masks.
  3. If you feel sick for any reason, don’t come to the facility.
  4. You affirm that you are COVID-free before you arrive to the premise.
  5. You agree that it is not our responsibility to ensure you are COVID-free either or any other persons near or in the facility besides our staff.
  6. You are not required to wear a mask inside the facility but you may wear one if you desire.
  7. We do everything we can keep our customers safe.
    1. This includes following the rules set forth by the Maricopa County Environmental Services (MCES) or the Arizona Department of Health Services (AZDHS) to the best of our ability.
    2. It is not our responsibility to educate you of what the rules set forth to us by the MCES or AZDHS, but your own responsibility.
    3. You understand that we encourage social distancing if you find it necessary.
    4. We encourage you to do anything to protect yourself within reason and it is also not of your concern regarding others’ choices.
  8. You acknowledge that other patrons may or may not wear masks.
    1. You also understand that we’re not in the business of babysitting you or acting on your behalf to enforce what makes you uncomfortable. You have every right to leave whenever without restriction.
  9. You agree to hold harmless against us for anything related to COVID.
  10. You agree to not indemnify us for anything related to COVID.
  11. You agree to not publicly review anything against us related to COVID.
    1. You agree to bring it to our attention instead. Please use our Contact Us form.

General Acknowledgements:

  1. You acknowledge that you enter our facility at your own risk.
  2. You acknowledge to be responsible for yourself.
  3. You acknowledge that if you contaminate anything, you pay for the damages.
    1. We do everything we can to minimize this risk. Please do your part.
  4. We are ultimately empowered to refuse service for any reason or none at all per Arizona State Law.
  5. We are ultimately empowered to end your consumption at any time for any or no reason at all per Arizona State Law.

Statement of Action:

Any violations or infringements of the above will give us the right to exercise our right to refuse service and terminate your in-store privileges indefinitely and potentially pursue legal action to recover damages if any harm or damage occurs.

Arbitration Clause:

You agree that all claims and disputes arising under or relating to this Agreement and Acknowledgement are to be settled by binding arbitration in the state of Arizona. 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. Any such arbitration shall be conducted by an arbitrator experienced in the legality of liquor manufacturing and distribution and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.