TERMS AND CONDITIONS AGREEMENT

 

The Hive is a private membership club and dining society, bringing people from across the community for culinary, cultural, artistic and social interaction and invigorating experiences. Membership is open to the public. We invite you to peruse our website and explore the world of The Hive. Your membership is subject to the following Terms and Conditions. Please also review our Privacy Policy, which can be found on our website..

 

  • Use of Website and Services
      1. Please read these Terms and Conditions (the “Terms”) as well as the Privacy Policy (“Terms” and “Privacy Policy” collectively the “Terms of Use”) prior to joining the Hive (the “Hive”), which is owned and operated by The Apiary, LLC (the “Apiary”) (the Hive and Apiary are collectively referred to as “Owner”, “we”, “our”, or “us” herein), a limited liability company registered in the State of Kentucky.
      2. By being a Member (as defined below), using and/or registering on Owner’s website (https://thehiveatapiary.com/new-member-q12021/) (the “Website”), by participating in any Event (as defined below), or using any of our Services (as defined below), you hereby agree to be bound by these Terms of Use as amended from time to time.
      3. From time to time we may modify these Terms of Use. Accordingly, please review the Terms of Use regularly and whenever accessing or using our Website, in advance of your attendance at any Event and before using any Service. As a Member and/or Event Attendee (as defined below), and/or as a result of your continued use of our Website or any Services subsequent to any such modifications constitutes your agreement to abide by and be bound by the Terms of Use, as amended.
      4. If at any time you do not wish to accept the Terms of Use, you are instructed to NOT use our Website, attend Events and/or use our Services. Please contact thehive@the-apiary.com if you have any questions in this regard.
  • Definitions
      1. ‘Administrator’ means any officers, employees, representatives, or agents of Owner who are responsible for controlling, facilitating, and/or organizing Events, Membership, the Website, or distributing official Communications;
      2. ‘Attendee’ means any persons in attendance at an Event;
      3. ‘Communications’ means any official communication, whether written, oral, or shared via the Website, email, or other electronic means, that is approved and distributed by an Administrator;  
      4. ‘Event(s)’ means any event or social occasion organized, facilitated, sponsored, and/or hosted by Owner or its affiliates, including but not limited too Omage Series events, Supper Club events, Shala – Wellness Program events, private tasting events, etc.;
      5. ‘Event Fee(s)’ means any charges, fees or payments owed to Owner in consideration of Event attendance;
      6. ‘Guest’ means a person who is a guest of a Member and attends an Event with the relevant Member in accordance with such terms as Owner may require for such attendance;
      7. “Guest List” means a list that states the names of all persons or entities who are authorized and confirmed by Owner to attend an Event;
      8. ‘Member’ means any person or entity whose application for Membership has been accepted and confirmed by Owner and remains valid;
      9. ‘Membership” means belonging to the community of subscribers to the Hive, including the purchase of any Membership Packages, contingent on the continued adherence to the duties, responsibilities, restrictions and limitations associated with said Membership and these Terms of Use;
      10. ‘Membership Fee(s)’ means the dues, charges, fees or payments owed to Owner as consideration for Membership and/or using any Services rendered specifically for Members in association with said Membership, including applicable initiation fees and annual or monthly Member rates and fees;
      11. ‘Membership Packages’ means the range of additional Services, benefits, privileges, and/or restrictions available to Members as defined by Owner,
      12. ‘Non-Member’ means any person or entity that does not have a valid Membership;
      13. ‘Registrant’ means any person or entity whose registration and/or ticket purchase for an Event(s) is confirmed and valid;
      14. ‘Services’ means all services or amenities provided by Owner or its affiliates in connection with Membership, use of the Website, participating or attending an Event(s), and/or all other occasions where a person or entity receives some benefit from Owner;
      15. ‘User’ means any person or entity that visits or utilizes the Website;
      16. ‘Waitlist’ means a list that states the names of persons or entities who have requested attendance to an but have not been authorized or confirmed by Owner to attend said Event;
      17. ‘Website’ means the set of related web pages associated with Owner.
  • Membership, Membership Fees, and Term of Membership
    1. Any quotation provided by Owner for Membership is only an invitation to apply for Membership or to subscribe to a Membership Package. Membership subscription is not finalized until Owner accepts payment for said application and Communication is provided to the applicant confirming Membership.
    2. A range of Membership Packages are available for subscription with each package affording certain privileges, benefits, and dues, pursuant to certain restrictions and limitations described in these Terms of Use, the Website, or other Communications that are subject to change from time to time at the sole discretion of Owner. For details regarding Membership Packages please refer to Section   below, the Website, or other Communications. 
    3. All Membership Fees are payable in U.S. Dollars and all such fees are payable via the Website using a credit or debit card or other payment method approved by Administrator and communicated to Member. Membership Fees will not be treated as having been paid until Owner has received cleared funds in respect to all sums due. Confirmation of Membership status will be communicated to Member(s) upon receipt of all applicable fees.
    4. The term of Membership is one (1) year (“Term”) and shall commence upon the date Membership is confirmed, pursuant to restrictions and limitations that may be exercised at any time during the Term, as provided in these Terms of Use. 
    5. Membership policies and/or Membership Fees are subject to change at any time pursuant to Owner’s sole discretion. Communications of such changes and its effect on current and/or potential Members will be provided via the Website, email, or other Communication.. 
  1. Cancellation of Membership

 

  1. Kentucky law requires the following disclosure:

 

“MEMBERS’ RIGHT TO CANCEL. 

KENTUCKY LAW GIVES YOU THREE (3) DAYS TO CANCEL YOUR AGREEMENT WITH US. If you wish to cancel this contract, you may cancel by delivering or mailing a written notice to the company. Certified mail would provide greater protection than first-class mail, but is not necessary. If you deliver the notice personally, you are entitled to a receipt. Your notice must make known that you do not wish to be bound by the contract. If the notice is delivered or mailed before midnight of the third business day after you sign this contract, you are entitled to a refund of the entire consideration paid for the contract. The notice must be delivered or mailed to (insert name and mailing address of company). If you cancel, the club is required to return, within ten (10) days of the date on which you give notice of cancellation, any payments you have made.” 

 

  1. Members forfeit and waive the right to cancel Membership if Member or Member’s Guest(s) attend an Event, or otherwise make use of Owner’s Services, including reserving and/or requesting attendance to an Event during the three day cancellation period and do not attend said Event. After the three day cancellation period Members are not entitled to a refund (in whole or part) of any Membership Fees. 
  2. Members may request to change Membership Packages to a lower cost Membership Package for a refund of the difference in cost of the Membership Packages plus any additional fees if Owner is notified in writing within (7) calendar days of the purchase of a Membership Package (“Membership Package Adjustment Period”). If such conditions are met, Members shall receive a refund of any applicable Membership Package fees within ten (10) days of notification. Members forfeit and waive the right to a refund if Member or Member’s Guest(s) attend an Event, or otherwise make use of Owner’s Services, including reserving and/or requesting attendance to an Event during the Membership Package Adjustment Period and do not attend said Event. After the Membership Package Adjustment Period, Members are not entitled to a refund (in whole or part) of any Membership Package fees.
  3. Subject to the provisions herein, Owner may cancel any Membership at any time without reason or prior notice. If Owner exercises its right to cancel Membership, any affected Member will be notified as soon as reasonably possible, Owner will cease to charge subsequent applicable Membership Fees, however a cancellation fee may be applicable. If Membership is cancelled for any reason and Member desires to re-apply for Membership, all member rates and Membership Fees in effect at the time of re-application shall apply to the renewed Membership, pursuant to Owner’s sole discretion.  
  4. Subject to Owner’s sole discretion, Members may request to transfer Membership to a related third party without paying the requisite new-member initiation fee. Such transfer is subject to a service fee equal to ten percent (10%) of the value of the applicable annual Membership Fee. At the time of transfer Member may request an additional Membership package and pay the difference in costs of the applicable Membership Fees with no additional service fee. 
  5. It is Owner’s sole discretion to limit the number of Members or refuse Membership to any applicants, or deny Membership renewal to any Member, or deny any requests for Membership transfer for any reason. 
  • Events and Event Fees
      1. Subject to the restrictions and limitations provided herein and the sole discretion of Owner, Members and/or Non-Members may be eligible to purchase tickets to certain Events. Tickets to certain exclusive Events may only be available for purchase by Members and/or Members subscribed to specific Membership Packages. 
      2. All persons, Members and Non-Members alike, may be responsible for paying Event Fees. Event Fees, if any, are determined on an event-by-event basis. All Event Fees will be communicated to Members and the public prior to an Event. All Event fees are payable via the Website and must be paid in advance of attendance to any Event. Administrator reserves the right to refuse any person(s) admission to an Event in cases of non-payment prior to the relevant Event.
      3. Owner may require Attendees to produce evidence of a valid ticket (or other identifier) prior to being granted access to an Event. Administrator reserves the right to refuse any person admission and to remove any Attendees from an Event if a valid ticket (or other identifier) cannot be verified. Owner may refuse admission to any person(s) if such person(s) are not on the Event Guest List.
      4. Event ticket sales and Event admission is at Owner’s sole discretion, including, but not limited to, restricting the number persons who may attend an Event, or preventing any persons from participating or continuing to participate in an Event. 
      5. Owner reserves the right to cancel or change the date, time, program or venue of any Event for any reason, including, but not limited to inclement weather or situations where the requisite number of participants for an Event is not met by the applicable deadline for said Event. Commercially reasonable efforts will be made to communicate such change(s) to ticket purchasers as soon as practicable. Owner’s liability under such circumstancs shall be limited to the return of any Event Fees paid by ticket purchasers for said Event.
      6. Generally, Members have first access to purchase tickets to Events, after which Non-Members have the opportunity to purchase tickets on a first-come, first-serve basis. Therefore, registration and/or purchasing tickets is encouraged for any desired Event(s) as soon as is practicable. If Events have a limited capacity, Owner may give admission priority to Members with certain Membership Packages. If an Event Guest List is filled or closed, Owner may allow persons to register to the Waitlist. Registrants are not confirmed to be on the Waitlist unless and until confirmation is communicated. Inclusion on a Waitlist does not guarantee inclusion on a Guest List and/or admission to an Event.
      7. In order to allow all Members an opportunity to reserve a table or group of tickets for an Omage Series Event the following restrictions and allowances are in effect for Omage Series Events: Members are only permitted to reserve one table on one Event date per monthly Omage Series. However, if tables are still available for reservation within 24 hours of Event tickets becoming available to Non-Members, then Members may reserve additional tables on Omage Series Event dates other than the Event date already reserved. 
      8. Supper Club Events are only open for attendance by Members and their authorized Guests. Members are only permitted to reserve one table per Supper Club Event and dinner service is only available to those who have reserved a table. However, Members who have not reserved a table for dinner service at the Event are still permitted and invited to attend the Event to enjoy drinks and/or passed food service or other benefits made available. 
      9. Owner will make all commercially reasonable efforts to ensure the accuracy of the information about Events displayed on the Website or otherwise communicated to Members and the public. If the details of an Event are published incorrectly, Owner endeavors to correct any said errors and/or inform Members and the public of the error(s) as soon as practicable. Owner reserves the right to withdraw from any contract or promise in the case of obvious errors or inaccuracies regarding Services, Event Fees, or other information appearing on the Website. If an error or inaccuracy is discovered with regards to the advertised price of purchased Services, Events Fees and/or other purchases, Administrator will communicate such inaccuracies as soon as practicable, provide corrected pricing information, and give the option to continue with or cancel the Service(s), Event Fee(s) and/or other purchases without penalty.
      10. Although Owner endeavors to make all Events enjoyable, pleasing and distinctive, Attendees’ satisfaction with any Event is not guaranteed. If attendee(s) have any issue with an Event(s), please notify Administrator in writing stating the date and time of the Event and detailing the issues therewith.
      11. If any Registrant wishes to cancel its registration to an Event (“Event Cancellation Request”), Administrator must be notified in writing of such request as soon as is practicable. If Registrants planned to have Guest(s) attend the Event, Registrant’s cancellation will also cancel the Guest(s) registration for said Event. 
      12. If a Member requests to cancel attendance to an Event prior to forty-eight (48) hours of the Event and Owner can replace Member’s reserved space with another person from the Waitlist, Owner may issue a credit of any applicable Event Fee(s) to Members account, which can be used towards a future Event. If a Member requests to cancel attendance to an Event within forty-eight (48) hours of an Event, no credits will be issued and all applicable Event Fees will be forfeit. If a Non-Member requests to cancel attendence to an Event at any time prior to an Event, no credits will be issued and Event Fees will be forfeit.
  • Participation at Events
      1. By attending an Event, Attendee agrees to conduct themselves at all times in a responsible and respectful manner. Owner does not assume any responsibility for any of the Attendee’s actions. It is the sole discretion of Owner, at any time prior to, during, or following any Event, to expel, suspend, or prevent Attendee(s) from entering the premises for failing to behave responsibly (for example in a drunken or disorderly manner). Owner also reserves the right to terminate or suspend Membership or preclude Attendee(s) attendance at future Event(s) on such grounds. Should such removal, expulsion or suspension occur Attendee will not be refunded for any tickets or Event Fee(s) associated with such Event(s). Owner’s partners and affiliates, including venue owners/operators, sponsors or other organizers may also refuse Attendee(s) admission to an Event or prevent continued participation in an Event(s) for these and/or similar reasons.
      2. Attendees attend and participate at Events at their own risk. By attending an Event, Attendee agrees to be bound by these Terms of Use and any relevant venue owner/operator and/or food and beverage supplier’s rules and terms & conditions, whether published in written form or otherwise. All governmental health & safety compliance at Events is the responsibility of the venue owner/operator and/or food and beverage supplier of said Event(s).
      3. It is the responsibility of Attendees to inform Owner of any special dietary needs (for example food allergies, religious restrictions, vegetarian or vegan food only, etc.) prior to an Event. Owner will make commercially reasonable efforts to meet special dietary needs, provided Owner is informed within a reasonable time prior to the Event, but Owner makes no guarantee such request will be accommodated, and Attendee will not hold Owner responsible or liable for any failure to meet special dietary needs.
  • Intellectual Property, License and Download Rights
      1. The Website, including but not limited to text, content, software, video, music, sound, graphics, photographs, illustrations, artwork, photographs, names, logos, trademarks, service marks and other material published on it (‘Content’) is protected by copyright, trade marks and/or other proprietary rights. Content includes both content owned or controlled by Owner and content owned or controlled by third parties and licensed to Owner. All individual articles, reports and other elements making up the Website may also be copyright works. You agree to abide by all applicable copyright laws and by all additional copyright notices or restrictions contained in the Website.
      2. Use of any Content or part of it for commercial purposes, without obtaining prior written permission from Owner to do so is strictly forbidden and should such use occur, Owner will take all necessary legal actions to protect its Content. 
      3. All users of the Website (Users) agree to notify Administrator in writing promptly upon becoming aware of any unauthorized access to or use of the Website or the Services by any party or of any claim that the Website or the Content infringes any copyright, trade mark, or other contractual, statutory or common law rights of any party.
      4. Users warrant they are the author or licensed owner of all information and/or pictures uploaded or otherwise submitted via the Website and User is entitled to use such information and/or pictures in connection with the Website. User hereby licenses Owner all rights necessary to display such materials on the Website.
      5. User acquires no rights or licences in or to the Website and/or the Content other than the limited right to use the Website in accordance with these Terms.
      6. Other than as set out in these Terms of Use, User may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to create derivative works from, transmit, or in any other way exploit any part of the Website.
      7. Owner processes information about User in accordance with our Privacy Policy. By using our Website, User consents to such processing and warrants that all data provided is accurate.
  • LIMITATION OF LIABILITY AND DISCLAIMER
      1. OWNER IS PROVIDING THE WEBSITE ON AN “AS IS” BASIS AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW MAKES NO (AND EXPRESSLY EXCLUDES ALL) GUARANTEES, REPRESENTATIONS (EXCEPT FOR FRAUDULENT MISREPRESENTATION) OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) WITH RESPECT TO THE WEBSITE AND ITS CONTENTS OR ANY WEBSITES TO WHICH IT IS LINKED INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO QUALITY, FITNESS FOR PURPOSE AND NON-INFRINGEMENT.
      2. OWNER IS IN NO WAY RESPONSIBLE FOR THE ACTIONS OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE ACTIONS OF MEMBERS, NON-MEMBERS, GUESTS OR OTHER ATTENDEES AT EVENTS OR IN CONNECTION WITH ANY CONTRIBUTIONS OR COMMUNICATIONS.
      3. OWNER AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE OR CURRENT NOR THAT THE WEBSITE WILL MEET PARTICULAR REQUIREMENTS, OR BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR OR THAT IT WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL ELEMENTS. OWNER THEREFORE DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY USER, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. USERS ACKNOWLEDGE THAT ANY RELIANCE ON THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR MATERIAL ON THE WEBSITE IS AT USERS OWN RISK.
      4. USE OF THE WEBSITE AND CONTACT AND INTERACTION WITH OTHER USERS VIA THE WEBSITE OR IN CONNECTION WITH ANY EVENTS ARE ALL AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL OWNER OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER SUCH LOSSES WERE FORESEEABLE OR OTHERWISE): (A) LOSS OF PROFIT; (B) LOSS OF DATA; (C) LOSS OF REVENUE; (D) LOSS OF BUSINESS OR LOSS OF OPPORTUNITY: (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES: OR (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR IN ANY WAY CONNECTED TO THE USE OR INABILITY TO USE THE WEBSITE OR ANY SERVICES RENDERED BY OWNER REGARDLESS OF THE FORM OF ACTION. FOR THE AVOIDANCE OF DOUBT THE LOSSES LISTED IN THIS SECTION ARE INTENDED TO BE SEVERABLE.
      5. OWNER’S TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF DUTY) MISREPRESENTATION OR OTHERWISE ARISING IN CONNECTION WITH ITS PERFORMANCE OF THE SERVICE OR ANY PART OF IT SHALL BE LIMITED AS FOLLOWS:
        1. FOR MEMBERS, THE MEMBERSHIP FEE AND ANY OTHER FEES PAID BY SUCH MEMBER TO OWNER DURING THE YEAR OF SUCH MEMBERSHIP; AND
        2. FOR NON-MEMBERS, GUESTS OR ATTENDEES, THE AMOUNT OF ANY FEES PAID FOR EVENT(S) ATTENDED BY THAT NON-MEMBER, GUEST OR ATTENDEE IN THE RELEVANT CALENDAR YEAR OF HIS AGREEMENT.
      6. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OWNER’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.
  • Warranties
      1. By becoming a Member you warrant and represent that: (1) you are at least twenty-one (21) years old and resident in the United States. Owner reserves the right to ask for acceptable identification (for example your driving license, passport or other government issued photo ID) as proof of your age and residency and for similar proof from any Guests. Only Members who are at least twenty-one (21) years old and are able to prove their age by showing at the door a valid driving license, passport or other government issued photo ID may participate in Events where alcohol will be distributed; and (2) you and any of your Guests have not been convicted of any offence or been subject to any injunction or court order or adjudged liable for civil penalties or damages involving sexual molestation or abuse of anyone; and (3) your use of the Website and Services are for personal use only and not for any commercial purpose whatsoever.
  • Termination
      1. Owner may suspend a Member or terminate a Membership and deny access to Services by any person or entity with immediate effect whether on a temporary or permanent basis at Owner’s sole discretion, with or without prior notice if:
        1. Member fails to make any payment due to Owner when due; 
        2. Member is in breach of any of these Terms; or
        3. Owner is unable to determine the accuracy and/or validity of any information provided by Member.
      2. Notices to Members will be sent to the email addresses provided in the relevant registration or application pages.
      3. Provisions of these Terms of Use that expressly or impliedly are intended to survive termination will remain in force after such termination, including but not limited to the Indemnity provisions (Section 11 below).
  • Indemnity
      1. You agree to indemnify and keep fully indemnified Owner, its employees, representatives and agents, from and against any claims, actions, demands or other proceedings (including reasonable legal fees) based on or arising in connection with any breach by you of these Terms of Use or arising from your negligence or breach of duty.
      2. References in these Terms of Use to your use of the Website shall be deemed to include any use by a third party where such a third party accesses the Website using your user name, identification code, password or other information provided to you as part of our security procedures.
  • General
      1. If any provision of these Terms of Use is found to be invalid, void or unenforceable, the invalidity, voidness or unenforceability of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
      2. Failure or delay by Owner in enforcing or partially enforcing any of these Terms of Use shall not be construed as a waiver of any of Owner’s rights under these Terms of Use. Any waiver by of any provision of these Terms of Use shall not be deemed a waiver of any subsequent breach of any provision.
      3. Nothing in these Terms of Use is intended to confer on any third party (whether referred to in our Terms of Use by name, class, description or otherwise) any benefit or any right to enforce any provision of these Terms of Use or any agreement entered into in connection with it.
      4. Except as provided herein, these Terms of Use are the entire agreement between us and supersede any prior understanding or agreements (written or oral). Nothing in this clause will operate to limit or exclude either party’s liability for fraud.
      5. Owner may assign the benefit of this agreement to any person, firm or company.
  • Jurisdiction and applicable law
    1. These Terms are governed by and shall be construed in accordance with the laws of the State of Kentucky. By using the Website, attending an Event(s), or use of any of Owner’s Services you accept that any dispute under these Terms or arising out of the use of the Website or Owner’s Services shall be subject to the exclusive jurisdiction of the State or Federal courts located in Fayette County, Kentucky, to which you submit.