NexKeg, Inc. (“NexKeg”) provides kegerator rental and keg delivery services, and the undersigned Customer (“Customer”) wishes to engage NexKeg’s services. Therefore, NexKeg and Customer (collectively, the “Parties”) agree to be legally bound by the terms and conditions of this Agreement.

1. Equipment remains property of NexKeg. All NexKeg Equipment (e.g., kegerators and attachments, valves, hardware, CO2 tanks, and kegs) is the property of NexKeg. Customer shall act reasonably with regard to caring for the Equipment.
   
   
2. NexKeg shall only complete its deliveries if the delivery driver is able to do so in full compliance with all applicable laws, rules, and regulations related to the delivery of alcoholic beverages, including but not limited to (i) having and maintaining a properly-issued alcohol delivery permit pursuant to G.S. 18B-1001.4(a), (ii) ensuring that NexKeg’s personnel are eligible and trained to deliver alcoholic beverages pursuant to G.S. 18B-1001.4(b), (iii) verifying the age of the alcoholic beverage recipient and ensuring that the recipient is otherwise suitable to receive alcoholic beverages pursuant to G.S. 18B-1001.4(c), (d), and (f), (iv) ensuring that alcoholic beverages are delivered only to or within those jurisdictions where the sale of alcoholic beverages is legal, (v) ensuring that alcoholic beverages are not delivered more than 50 miles away from NexKeg, and (vi) having knowledge of and observing, all other limitations and requirements related to customer interactions, delivery areas, and standards for labeling of packages containing alcoholic beverages pursuant G.S. 18B-100.4(b), (c), (d), and (f). Customer shall provide a suitable location for the NexKeg Equipment, and shall ensure safe access to delivery personnel for delivery purposes. If kegs are delivered to Customer at NexKeg’s facility, Customer shall complete the NC ABC KEG PURCHASE-TRANSPORTATION PERMIT before transporting the keg(s).
   
   
3. Fee for damaged Equipment. If any of the NexKeg Equipment is damaged beyond reasonable wear and tear, or is lost, Customer will be charged the lesser of (a) the cost to repair the damaged equipment, or (b) the cost to replace the damaged equipment.
   
   
4. Subscription charges and late charges. Customer authorizes NexKeg to charge Customer’s credit card on file for all subscription charges during the term of Customer’s subscription, and for repair or replacement costs for NexKeg’s Equipment arising from damage (beyond wear and tear) or loss of NexKeg’s Equipment while in the possession of Customer.
   
   
5. Customer may terminate NexKeg’s services by providing two weeks advance written notice via email to [email protected]. Any applicable charges will be prorated if appropriate in NexKeg’s sole discretion. All NexKeg Equipment will be collected by NexKeg within a reasonable time after notice of termination by Customer. If NexKeg is unable to collect the Equipment, then Customer will be charged NexKeg’s cost to replace the Equipment.
   
   
6. Moving within the service area. If Customer plans to move residences within NexKeg’s service area (New Hanover County), Customer must request and complete a Transfer of Equipment Request Form (TERF), available via email from [email protected], 30 days before Customer’s desired moving date. If NexKeg approves Customer’s TERF, a NexKeg delivery driver will collect NexKeg’s equipment within one week of Customer’s moving date, and deliver it to Customer’s new address within one week of Customer’s moving date.
   
   
7. Liability Release. Customer releases and fully waives any right to assert any and all claims, liabilities, losses, damages, cost, and expenses (including attorneys’ fees) of any nature whatsoever against NexKeg and its directors, officers, shareholders, employees, contractors, successors, and assigns, resulting from NexKeg’s services to Customer or the presence of NexKeg’s property on Customer’s premises.
   
   
8. Customer shall indemnify and defend NexKeg and its directors, officers, shareholders, employees, contractors, successors, and assigns from any and all claims, liabilities, losses, damages, costs, and expenses (including attorneys’ fees) of any nature whatsoever asserted against NexKeg by any third party resulting from NexKeg’s services to Customer or the presence of NexKeg’s property on Customer’s premises.
   
   
9. Applicable Law. This Agreement shall be construed under the substantive law of the State of North Carolina.
   
   
10. Mediation and Arbitration. If a dispute between the Parties arises from this Agreement, the Parties agree to resolve the dispute through non-binding mediation, using a mediator selected by mutual agreement of the Parties. Any issues remaining in dispute after mediation shall be submitted to arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association, although nothing in this Paragraph shall obligate the Parties to conduct the arbitration within the forum of the American Arbitration Association. A single arbitrator shall preside over the arbitration. The arbitrator shall decide all issues in dispute between the Parties and shall award attorney’s fees and costs to the prevailing party. The award rendered by the arbitrator shall be final and judgment may be entered upon it in a court of competent jurisdiction. Venue for both mediation and arbitration shall be Asheville, North Carolina.
    
    
11. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of any other portion of this Agreement.
    
    
12. Non-Waiver. No failure of NexKeg to insist upon strict compliance with any term of this Agreement shall be considered a waiver of NexKeg’s right to insist upon strict compliance with such term at a later time.
    
    
13. Force Majeure. NexKeg shall not be in default of its obligations under this Agreement if such obligations are delayed or prevented by circumstances beyond its reasonable control, including (without limitation) labor disputes, inability to procure materials, failure of utility service, plague, epidemic, or pandemic, restrictive governmental laws or regulations, riots, insurrection, war, adverse weather, Acts of God, or other similar causes.
    
    
14. Entire Agreement. This Agreement (together with any referenced attachments) constitutes the entire agreement between the Parties regarding the subject matter of the Agreement, and supersedes all negotiations and prior and contemporaneous understandings of the Parties.
    
    
15. Voluntary Agreement. The undersigned represents that they have read this Agreement, fully know and understand its contents, have been afforded the opportunity to consult with counsel before executing this Agreement, and voluntarily execute this Agreement.