THE TEQUILA PEOPLE

MEMBERSHIP SUBSCRIPTION TERMS AND CONDITIONS

Welcome to THE TEQUILA PEOPLE community. We are excited to have you as a part of this group and we look forward to sharing our love for tequila with you and getting to you know on this agave journey. By joining The Tequila People membership, you agree to comply with and be bound by the following terms and conditions. Please review these terms and conditions carefully.



1. Agreement. This Term of Conditions agreement ("the "Agreement") specifies the Terms and Conditions for access to and participation in The Tequila People membership program (“Membership”). This Agreement may be modified or updated at any time by The Tequila People (“Company”), or its appointed agent, and shall be effective immediately upon posting of the modified Agreement. The Tequila People will provide you a copy of any modified or updated Agreements and your continued Membership shall be deemed as acceptance of any updated Agreement.

2. Privacy. Your privacy is of valued importance to Company and we will never sell, share, or distribute your personal information. Your information will be maintained by the Company using commercially reasonable efforts and shall only be used for Company’s purposes in promoting its products, services, and events. Any use of your privacy information will be in accordance with the Company’s Privacy Policy.

3. Membership. You have agreed to purchase one of our Membership offerings (Añejo, Reposado, or Blanco, each a “Category” and collectively “Categories”) in accordance with the price (“Subscription Fee”) and payment terms available at the time of your subscription. Depending on the Category which you selected, you will have access to those benefits corresponding to your Category. The Company reserves the right to reasonably modify and substitute Category offerings as may be necessary depending on availability and restrictions by local, state, and federal laws.

4. Transferability. Your Subscription is unique and personal to you and may not under any circumstance be transferred to any other person or third-party. You may however, with the written consent of the Company and in its sole and absolute discretion, as a one-time courtesy, change the name of Membership for purposes transferring a personal membership to the name of a company which is exclusively controlled and managed by you, or vice versa. We also understand that your schedule is busy and you may not be able to attend all of the Company events which you are entitled to under you Subscription. Notwithstanding anything herein, you may transfer your attendance at one (1) event per year to a third-party of your choosing. Such a transfer request must be submitted in writing to the Company with reasonably sufficient time to effect the transfer and will be at the sole and absolute discretion of the Company.

5. Payment. You agree to pay Company on either a monthly basis or a one-time annual payment as you selected at the time of your Subscription. If you elected the monthly payments, you agree and consent to Company charging your method of payment on a recurring basis each month to satisfy your payment obligations. With the exception of the Añejo Category, the Company may increase the Subscription Fee at any time upon 30 days’

written notice to you. Unless you provide written notice of termination to the Company of your cancellation within 5 days of such notice, you agree to the increased Subscription Fee. Añejo members Subscription Fee shall not be changed during the initial three-year Membership.

6. Term and Termination. Your Membership, regardless of Category, shall be for a 12-month period. Except for in the instance of any price increase as noted in paragraph 4 above, you may not terminate your Subscription prior to the one-year anniversary of your Subscription. You may terminate your Subscription at any time after the one-year anniversary by providing Company 30 day’s written notice of your desire to terminate. You recognize and agree that depending on the timing of your notice you may be charged for one final payment. The Company may terminate your Subscription at any time without notice and opportunity to cure in the event you (i) fail to make a payment and such a failed payment remains past due in excess of 90 days, (ii) you provide false or misleading information to the Company in your application for your Subscription, (iii) you violate any local, state, or federal laws at any of the Company’s events and which you are participating in, (iv) you act in any disrespectful manner or engage in any unethical conduct, in the Company’s sole and absolute discretion at any event or on any of the Company’s platforms or forums, or (v) you materially breach any provision of this Agreement.

7. Refunds. All Subscription Fees regardless of payment terms are considered fully earned upon activation of your Subscription. No refunds will be processed for Subscription Fees received by the Company or for earned, but unpaid Subscription Fees. No refunds will be permitted for any unattended or missed events by you.

8. Covenants. By joining this Subscription you covenant that you are at least 21 years of age. You agree that during any event, whether in person or virtual, you will not provide any alcoholic items or beverages to anyone under the age of 21. Further, you agree to abide by all local, state, and federal laws and regulations concerning the consumption of alcohol as well as any venue restrictions or regulations governing any Company event. You further agree that any information provided to Company is true and accurate. Any violation of this paragraph 7 shall be a material breach and shall be cause of immediate termination of your Subscription by Company.

9. Risks of Alcohol Consumption. You understand that consuming alcohol may have negative adverse health risks. You should not consume alcoholic beverages if you are pregnant, nursing, or have otherwise been advised by a medical provider. The consumption of alcohol may impair your judgment and reaction time and you should not drive, operate any motor vehicle, or equipment or participate in any activity where your judgment and reaction time should not be impaired. You agree to assume all risks associated with the consumption of alcohol, even those risks which may not be mentioned here or are unforeseen or unexpected risks.

10. Indemnification. You agree to indemnify, defend and hold Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or your participation in any Company event.

11. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, YOUR SUBSCRIPTION, YOUR PARTICIPATION IN ANY COMPANY EVENTSITE, OR YOUR USE OF ANY COMPANY CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCE SHALL ANY LIABILITY OF THE COMPANY EXCEED THE AMOUNT PAID BY YOU TO COMPANY FOR YOUR SUBSCRIPTION.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

12. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Company, its affiliates, owners, employees, and agents. You hereby submit yourself to the personal jurisdiction to the State Courts of California and the Federal District Court of the Northern District of California.

13. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

14. Waiver. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of Company in order to be effective.

15. Dispute Resolution. In the event of any dispute arising under this Agreement or as a result of the Subscription, both parties agree to, in good faith, first attempt to informally mediate and resolve the dispute. In the event informal mediation is not successful, the dispute shall be submitted for formal mediation with a mutually agreed upon mediator in Monterey, California for resolution. Each party shall bear its own legal costs of mediation and shall share equally in the cost of the mediator.

16. Force Majeure. The Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, including but not limited to cancellation or modification to any planned event, when and to the extent such failure or delay is caused by or results from acts beyond the affected the Company’s reasonable control, including acts of God; flood, fire, earthquake, or explosion; war, invasion, or other hostilities; national or regional emergency or health crises; etc. each of the following (each a “Force Majeure Event”). The Company shall use diligent efforts to end the failure or delay and ensure the

effects of such Force Majeure Event are minimized and shall resume performance of Company’s obligations as soon as reasonably practicable after the removal of the cause.

17. Jury Waiver. IN THE EVENT ANY DISPUTE IS SUBMITTED TO A COURT OF COMPETENT JURISDICTION THE PARTIES HEREBY WAIVE, TO THE EXTENT PERMITTED BY APPLICABLE LAW THEIR RIGHT TO A TRIAL BY JURY IN ANY LITIGATION IN CONNECTION WITH, OR ARISING OUT OF THIS AGREEMENT.

18. Entire Agreement. This Agreement constitutes the entire agreement between you and Company and governs the terms and conditions of your use of the Company products and services included in your Subscriptions, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to your Subscription. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply for particular events.

19. Contact Information.

The Tequila People

P.O. Box 1411

Castroville, CA 95012