Terms of service
Terms of Service
These Terms of Service ("Terms") constitute a binding legal agreement between you and Festive Hill Winery ("Festive Hill Winery," "the Winery," "we," "us," or "our"), governing your access to and use of festivehillwinery.com and any related pages, ordering tools, or booking forms (collectively, the "Site"), as well as your use of our tasting room, tours, private events, and Wine Club membership program (collectively, the "Services"). By accessing the Site, submitting a reservation, or enrolling in the Wine Club, you agree to be bound by these Terms. If you do not agree, please do not use the Site or the Services.
Contents- Acceptance of Terms - Acceptable Use Policy
- Definitions
- Eligibility & Age Requirement
- Use of the Website
- Tasting, Tour & Event Reservations
- Wine Club Membership
- Payments & Pricing
- Conduct & Responsible Service
- Intellectual Property
- Third-Party Links & Services
- Disclaimers & Limitation of Liability
- Indemnification
- Privacy
- Governing Law & Disputes
- General Provisions
- Changes to These Terms
- Contact Information
Acceptance of Terms
Your use of the Site or the Services in any manner constitutes acceptance of these Terms and of our Privacy Policy, which is incorporated by reference. We may update these Terms from time to time as described in Section 16; continued use of the Site or Services after an update constitutes acceptance of the revised Terms. This Acceptable Use Policy ("Policy") describes the ways you may and may not use festivehillwinery.com and its reservation, ordering, and Wine Club enrollment tools (collectively, the "Site"). It applies to every visitor, guest, and Wine Club Member, and is incorporated into, and should be read together with, our Terms of Service.
Definitions
- "Reservation" means any booking made through the Site or by phone/email for a tasting, tour, or private event held at the Winery.
- "Member" means an individual currently enrolled in the Festive Hill Winery Wine Club.
- "Content" means all text, graphics, photographs, logos, and other material appearing on the Site.
- "You" / "User" means any person who accesses the Site, makes a Reservation, or enrolls as a Member.
Eligibility & Age Requirement
Festive Hill Winery is licensed to serve and sell alcoholic beverages under the laws of the State of Oregon. Consistent with Oregon Liquor and Cannabis Commission (OLCC) requirements, wine tastings, on-site sales, and Wine Club allocations of alcoholic beverages are available only to individuals 21 years of age or older.
Valid, government-issued photo identification may be required before service. We reserve the right to refuse service to any individual who is unable to verify their age, who appears intoxicated, or whose conduct poses a risk to the safety of guests or staff, without refund of any Reservation deposit.
Guests under 21 are welcome on winery grounds only when accompanied by a parent or legal guardian and only in areas designated as appropriate for minors; minors will not be served or permitted to consume alcoholic beverages under any circumstance.
Use of the Website
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use, subject to these Terms.
You agree not to
- Copy, reproduce, republish, or create derivative works from Site Content without our prior written consent;
- Use any automated system (bot, scraper, spider) to access or extract data from the Site;
- Submit false information in a Reservation, order, or Wine Club enrollment;
- Interfere with or disrupt the Site's servers, security features, or normal operation;
- Use the Site for any unlawful purpose or in violation of these Terms.
Tasting, Tour & Event Reservations
Booking
Reservations for tastings, tours, and private events (including weddings and corporate gatherings) may be requested through the Site or by contacting the Winery directly. A Reservation is confirmed only upon our written or emailed confirmation, which may be conditioned on payment of a deposit.
Cancellations & Changes
- Tasting and tour Reservations may be rescheduled or cancelled without penalty up to 48 hours before the scheduled time; cancellations inside that window, or no-shows, forfeit any deposit paid.
- Private event Reservations are governed by a separate event agreement provided at booking, which will state the applicable deposit, cancellation schedule, and final guest-count deadline. Where the event agreement is silent, these Terms control.
- We reserve the right to cancel or reschedule any Reservation due to weather, facility issues, illness of staff, or other circumstances beyond our reasonable control, in which case we will offer a full refund of any deposit or an alternative date.
On-Site Conduct
Outside food and beverage, unless pre-approved in writing for a private event, are not permitted. Groups are responsible for the conduct of their guests, and the Winery may end a tasting, tour, or event early, without refund, if conduct violates Section 8.
Wine Club Membership
The Festive Hill Winery Wine Club is a recurring membership program offering Members curated wine allocations and associated benefits, subject to the tier-specific terms provided at enrollment and the general terms below.
Enrollment & Billing
By enrolling, you authorize the Winery to charge your payment method on file for each scheduled release at then-current pricing. We will provide reasonable advance notice of any change to release pricing or club benefits before it takes effect.
Shipping Restrictions
Pausing, Skipping & Cancellation
Members may pause, skip a release, or cancel their membership at any time by notifying us at least ten (10) days before the next scheduled charge date. Requests received after that point will apply to the following release. Membership benefits (tasting discounts, event invitations, and similar perks) end upon cancellation.
Payments & Pricing
Prices for tastings, tours, events, and Wine Club allocations are as posted on the Site or quoted at booking, and are subject to change without notice, except as to Reservations or memberships already confirmed. All charges are processed in U.S. dollars and are subject to applicable Oregon sales and liquor taxes. Deposits and completed purchases of alcoholic beverages are non-refundable except as expressly stated in these Terms or required by law.
Conduct & Responsible Service
Festive Hill Winery is committed to the responsible service of alcohol. Staff are trained to identify signs of intoxication and are authorized to limit or discontinue service to any guest at their discretion. We do not permit disorderly conduct, harassment of other guests or staff, or any activity that endangers the safety of others on our premises. Guests who arrive by vehicle are encouraged to designate a sober driver or arrange alternative transportation; the Winery can assist in arranging a rideshare or taxi upon request.
Intellectual Property
The Site and all Content, including the Festive Hill Winery name, logo, and label artwork, are owned by or licensed to Festive Hill Winery and are protected by U.S. and international copyright, trademark, and other intellectual property laws. No right, title, or interest in the Content is transferred to you by these Terms.
Third-Party Links & Services
The Site may link to or rely on third-party services (for example, payment processors or reservation platforms). We do not control and are not responsible for the content, policies, or practices of any third-party site or service, and your use of them is subject to their own terms.
Disclaimers & Limitation of Liability
The Site and Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free.
To the fullest extent permitted by Oregon law, Festive Hill Winery and its owners, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use of the Site or Services, even if advised of the possibility of such damages. Our total liability for any claim arising from these Terms or the Services will not exceed the amount you paid to Festive Hill Winery in the twelve (12) months preceding the claim. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or personal injury caused by our negligence.
Indemnification
You agree to indemnify and hold harmless Festive Hill Winery and its owners, officers, employees, and agents from any claim, loss, or demand, including reasonable attorneys' fees, arising out of your violation of these Terms, your misuse of the Site or Services, or your violation of any law or the rights of a third party.
Privacy
Our collection and use of personal information in connection with the Site and Services, including information collected for Reservations and Wine Club enrollment, is described in our Privacy Policy, which is incorporated into these Terms by reference.
Governing Law & Disputes
These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms, the Site, or the Services will be brought exclusively in the state or federal courts located in Clackamas County, Oregon, and you consent to the personal jurisdiction of those courts.
General Provisions
- Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
- No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Entire Agreement. These Terms, together with our Privacy Policy and any applicable Reservation or event agreement, constitute the entire agreement between you and Festive Hill Winery regarding the Site and Services.
Changes to These Terms
We may revise these Terms at any time by posting an updated version on the Site with a new Effective Date. Material changes affecting active Wine Club Members will be communicated by email in advance of taking effect. Your continued use of the Site or Services after a revision becomes effective constitutes your acceptance of the revised Terms.
Contact Information
Questions about these Terms may be directed to Festive Hill Winery, West Linn, Oregon, at the contact information below.
Festive Hill WineryWest Linn, Oregon