CTBEER.COM PASSPORT PROGRAM

ESTABLISHMENT PARTICIPATION TERMS

Last updated October 13, 2025

THESE ESTABLISHMENT PARTICIPATION TERMS (THE “TERMS”) GOVERN YOUR PARTICIPATION IN THE CONNECTICUT FIELD TRIP PROGRAM PROVIDED TO CONSUMERS BY FESTS, LLC (“COMPANY”) AS A GUIDE TO DISCOVERING CRAFT BEERS ACROSS CONNECTICUT (THE “PROGRAM”). BY PARTICIPATING IN THE PROGRAM, YOU HEREBY ACCEPT THE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT PARTICIPATE IN THE PROGRAM.

IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT PARTICIPATE IN THE PROGRAM.

Term. The term of the Program commences on January 1 and shall expire on December 31 (the “Term”). You must provide written consent to renew your participation in the Program prior to the beginning of each new calendar year.

Participation. Company agrees to include you in the Program and advertise the specific discount or promotion you selected to holders of the Program (“the Promotion”). You agree to honor the Promotion for the entirety of the Term.

Intellectual Property. You grant to Company a non-exclusive and royalty-free right to use your trademarks, trade names, service marks, logos, brand names or other identifying marks to promote your participation in the Program, including but not limited to use in the Program’s brochures and booklets, on Company’s websites and marketing materials, and other marketing media formats used by Company with or without partnership channels (i.e., print, digital, social).  During the Term Company grants you a limited right to promote your inclusion in the Program but you may not distribute, sell, copy, reproduce or repurpose the Program without the express written consent of Company. You shall have no other rights in the Program, marketing of the Program, or Company’s trademarks including but not limited to those listed herein. Company retains ownership and exclusive rights, possession, and control including creative control of the Program’s design, structure and content.

Warranty. In connection with your participation in the Program, you represent and warrant: (I) you will not sell alcoholic beverages at any discount or rate in violation of any applicable governing law or regulation; and (ii) by agreeing to these Terms you are not in violation of any other contractual or legal obligations you may have or with the policies of any institution or company, including but not limited to an insurance provider.

Insurance. You shall maintain comprehensive general liability insurance coverage, including products liability and liquor liability, in the amount of one million dollars ($1,000,000) for any and all claims, damages, losses, judgments, suits, actions and liabilities, including attorneys’ fees, arising from your activities and conduct in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages.   Any insurance coverage that expires during this Term, you must renew its insurance with the same terms and conditions stated herein without gaps in coverage.

Indemnification. You shall indemnify, defend, and hold harmless Company and its officers, members, employees and contractors from and against any and all claims, damages, losses, judgments, suits, actions, penalties, fines and liabilities (including attorneys’ fees) as incurred related to: (i) any death, personal injury, bodily injury to persons or damage to property; (ii) your actions, inaction or participation in the Program; (ii) any actions that occur on your premises; or (iv) your negligence or other culpable conduct of any kind, in any scenario or circumstance, including but not limited to your actions arising out of the manufacture, distribution, sale, service or furnishment of alcoholic beverages.

Limitation of Liability.  IN NO EVENT WILL COMPANY AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUCCESSORS OR ASSIGNEES BE LIABLE FOR LOST REVENUE, PROFITS, BUSINESS, OR FOR ANY COSTS OF COVER, INDIRECT, INCIDENTAL, CONSEQUENTIAL PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNEES TOTAL AGGREGATE LIABILITY UNDER OR ARISING OUT OF THESE TERMS AND THE PROGRAM SHALL NOT FIVE HUNDRED DOLLARS ($500.00). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THESE TERMS.

Assignment. These Terms may not be assigned or otherwise transferred by You via sale, merger, change in control, by operation or law or otherwise, without Company’s prior written consent and any such purported assignment or transfer shall be void.

Enforcement. The failure of either party, at any time or times, to enforce any provision of these Terms shall in no way be construed as a waiver of such provision and shall not affect the right of that party at a later time to enforce each and every condition.

Revisions. Company reserves the right to change these Terms at any time and will post any changes to these Terms on this Website as soon as they go into effect. If you do not agree to, or cannot comply with, the modified Terms, you must provide written notification to Company at the address below and stop all participation in the Program. The updated Terms will take effect upon their posting and will apply on a going-forward basis. Your continued participation in the Program after any such update constitutes your acceptance of such changes and the updated Terms.

Applicable Law. These Terms shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the State of Connecticut without reference to, and regardless of, any applicable choice or conflicts of laws principles. Any disputes arising from this agreement will be brought in the Superior Court of Connecticut.

Miscellaneous. No joint venture, partnership, employment, or agency relationship exists between the parties as a result of these Terms. Company may terminate your participation in the Program at any time upon notice to you. All terms and provisions which should by their nature survive any such termination or expiration shall so survive, including without limitation those terms regarding ownership, indemnity and limitations of liability.

Field Trip Passport®, CTBeer.com™ and Beerfests.com® are trademarks of Company.

Questions. If you have questions regarding the Terms, please contact us by email: hello@ctbeer.com or by mail at:

Fests, LLC
24 East Avenue #104
New Canaan, Connecticut 06840