TERMS & CONDITIONS

For purposes of these Terms, the following definitions shall apply:

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• "Annual Sampling Experience" means a scheduled tasting event at the distillery where Customers may sample their aging product and other Company offerings. Experiences are subject to availability, advance scheduling, and may be conducted virtually if on-site participation is not feasible.
   

• “Company” means Pleasureville Distilling Co., including its owners, affiliates, officers, directors, employees, and agents.
   

• “Customer” means any individual or entity who purchases, enrolls, or participates in the Program.
   

• “Program” means the Single Barrel Sale Experience offered by the Company, including barrel selection, bottling, packaging, optional tastings, events, or other experiences associated with the Program.
   

• “Barrel” means a whiskey barrel selected by a Customer for the purpose of bottling, including all liquid contents contained therein.
   

• “Bottled Product” means the whiskey or spirits obtained from the Barrel after the bottling process is completed.
   

• “Event” means any optional experience offered as part of the Program, including tastings, distillery tours, barrel signings, or similar activities.
   

• “Force Majeure Event” means any event beyond the reasonable control of the Company, including but not limited to natural disasters, acts of God, fire, flood, strikes, pandemics, transportation delays, regulatory changes, or other government-imposed restrictions.
   

• “Loss” means (i) production loss from evaporation or bottling inefficiencies, or (ii) residual whiskey not meeting regulatory bottling requirements.
   

• “Legal Sale” means a sale that complies with all applicable federal, state, and local alcohol laws, and occurs only after full payment is made by the Customer.

1.1 Program Overview. The Program allows eligible Customers to select and purchase Bottled Product from a designated Barrel in accordance with these Terms.

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1.2 Amendments. The Company reserves the right to amend or update these Terms at any time, with notice provided to enrolled Customers. Continued participation constitutes acceptance of any such amendments.

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1.3 Compliance. Participation is subject to compliance with all applicable federal, state, and local laws and regulations, and is void where prohibited.

2.1 Age Requirement. Customers must be of legal drinking age in their jurisdiction of residence and shall provide valid government-issued proof of age upon request.

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2.2 Residency Restrictions. Participation may be restricted to certain jurisdictions due to applicable alcohol shipping or regulatory limitations.

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2.3 Corporate Purchases. Corporate, group, or private Barrel purchases may be subject to additional eligibility requirements as determined by the Company.

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2.4 Gifting. Barrel or Bottled Product gifting is permitted; however, both the purchasing Customer and the recipient remain subject to these Terms and applicable law.

3.1 Overview. In addition to the rights and obligations set forth elsewhere in these Terms, participation in the Program includes the following benefits (collectively, the “Member Benefits”), subject to availability, applicable law, and the Customer’s good standing in the Program.

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3.2 Exclusive Member Releases. Members shall receive two (2) exclusive whiskey releases per calendar year. Selection, timing, and availability of releases shall be determined solely by the Company.

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3.3 Member Savings. Members shall receive a twenty percent (20%) discount on all whiskey and merchandise purchases made directly through the Company, subject to applicable law and product availability.

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3.4 Exclusive Access. Members shall enjoy access to member-only whiskeys and limited production releases not available to the general public.

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3.5 Complimentary Signature Tastings. Members are entitled to complimentary Signature Tastings at either the Pleasureville Distillery or The Last Refuge in Louisville for up to six (6) guests per visit. Reservations are recommended and may be required during peak periods.

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3.6 Annual VIP Distillery Experience. Each membership includes an annual VIP tour and private tasting experience for up to six (6) guests, including the member. The experience includes access to the barrel blending room and Members’ Cabin, subject to advance reservation and scheduling availability.

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3.7 Preferred Event Pricing. Members shall receive priority access and preferred pricing for Company-hosted events, special releases, and ticketed experiences, as announced by the Company.

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3.8 Private Concierge Service. Members shall have access to a dedicated concierge to assist with membership matters and to coordinate customized experiences, events, and product selections.

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3.9 Program Modifications. The Company reserves the right to modify or substitute Member Benefits of comparable value at any time, provided that no change shall materially diminish the value of the Program during an active membership term without written notice to affected Members.

4.1 Process. Customers may select their Barrel through an on-site tasting at the distillery, subject to scheduling availability, or through a virtual tasting conducted by Company representatives.

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4.2 Substitution. In the event that a selected Barrel becomes unavailable due to quality control, regulatory, or other production-related reasons, the Company shall notify the Customer within thirty (30) days of discovering such unavailability. The Company may substitute a comparable Barrel of similar age, proof, and mash bill. Where no comparable Barrel exists, the Customer may elect either (i) participation in a new Barrel selection process at no additional charge, or (ii) such other remedy as may be required by applicable law. Customer shall make such election within thirty (30) days of receiving notice.

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4.3 Finality of Selection. Except as provided in Section 4.2, or as otherwise required by law, Barrel selections are final.

5.1 Schedule. Bottling shall occur on Company-designated quarterly intervals, in the company’s standard single barrel select packaging unless customization is agreed to per terms and conditions and/or otherwise specified in the applicable Program tier.

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5.2 Company Right to Bottle. The Company reserves the right to bottle any Barrel prior to the Customer's requested bottling date under the following circumstances:

(a) Quality control, regulatory compliance, or safety concerns require immediate bottling;
(b) The warehousing term has expired pursuant to Section 5.3 and the Customer has not elected an alternative option;
(c) The Barrel condition requires immediate attention to prevent Loss or quality degradation; or
(d) Force Majeure Event necessitates early bottling.

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The Company shall provide the Customer with at least thirty (30) days advance notice when practicable. In cases requiring immediate action for safety or quality reasons, the Company shall notify the Customer as soon as reasonably possible.

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5.3 Warehousing Term. Barrel storage and insurance coverage are included for a period of twenty-four (24) months from the date of selection. At least sixty (60) days prior to expiration of this period, the Company shall notify the Customer, who must elect one of the following options:

(i) Proceed with bottling within the following sixty (60) days;
(ii) Enter into a warehousing continuation agreement with the Company at the rate of $[10.00] per month, which shall include continued insurance coverage; or
(iii) Authorize the Company to bottle the Barrel at the Company's next scheduled bottling date, with Bottled Product held for Customer pick-up or shipment.

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Failure to respond within sixty (60) days of notice shall be deemed an election of option (iii). The Company shall not be liable for any delays in bottling resulting from Customer's failure to timely respond.

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5.4 Customization. Customers may elect bottling strength, bottle size, and packaging options no later than ninety (90) days prior to the scheduled bottling date. Additional customization may require extended lead time, additional costs, and compliance review.

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5.5 Yield. The number of Bottled Product units per Barrel is variable. Final yield may differ from any estimate due to natural evaporation (“angel’s share”) and bottling loss.

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5.6 Labeling. All Bottled Product shall be labeled in accordance with applicable federal and state laws and regulations. Custom labeling shall be permitted only to the extent compliant with such regulations.

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5.7 Residual Liquid. Any residual liquid not bottled shall remain the sole property of the Company.

6.1 Program Pricing. Program pricing includes:

(a) The cost of Barrel selection;
(b) Annual Sampling Experiences;
(c) Twenty-four (24) months of storage;
(d) Associated administrative and regulatory compliance costs;
(e) Access to Member Benefits as described in Section 3.

Program pricing does not include shipping, taxes, special packaging, or optional add-on experiences.

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6.1A Storage Insurance. The Company maintains insurance coverage for Barrels during the storage period specified in Section 5.3. Coverage applies ONLY to catastrophic loss resulting from fire, flood, or theft of the physical Barrel while in the Company's custody. Coverage EXCLUDES:

(a) Natural evaporation ("angel’s share") or other maturation-related volume loss;
(b) Variations in maturation, flavor, or character development;
(c) Quality degradation or spoilage not caused by a covered catastrophic event;
(d) Subjective dissatisfaction with taste, proof, yield, or quality; and
(e) Any Loss occurring during transportation or after the Barrel has been bottled.

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In the event of a covered Loss, the Company's liability shall be limited to either (i) substitution with a comparable Barrel, or (ii) refund of the amount paid for the affected Barrel, at the Company's discretion.

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6.2 Additional Charges. Shipping, special packaging, premium labeling, and other optional services shall be invoiced separately and are due upon invoicing. Distillery pick-up is provided at no additional charge.

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6.3 Deposit and Payment. A non-refundable deposit of two hundred fifty dollars ($250) entitles the Customer to participate in the Barrel selection process. Following selection, payment of the full purchase price (less deposit) is due within thirty (30) days to secure the Barrel. Failure to remit full payment within this period may result in forfeiture of the deposit and release of the Barrel for other use.

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6.4 Payment Terms. Except where required by applicable consumer protection law, all payments are non-refundable. Nothing in these Terms waives any non-waivable rights of Customers under applicable consumer protection statutes.

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6.5 Assumption of Risk. Customer acknowledges and assumes all risk of subjective dissatisfaction related to flavor, character, proof, yield, or Member Benefits.

7.1 Ownership and title provisions in this Section apply only to Bottled Product purchased through the Program. Member Benefits described in Section 3, including access to exclusive releases, discounts, tastings, events, and concierge services, do not confer ownership rights and remain privileges of membership.

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7.2 Scope of Purchase. Customers are purchasing Bottled Product from their selected Barrel, not the Barrel itself, unless expressly stated in writing. Member Benefits do not convey ownership of any Barrel, product inventory, or Company assets.

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7.3 Transfer of Title. Title and ownership rights apply only to the finished Bottled Product and do not transfer upon payment for or selection of a Barrel. Title to Bottled Product shall transfer to the Customer solely upon Legal Sale, which occurs after bottling is completed, full payment has been received, and all applicable federal, state, and local alcohol laws have been satisfied. Until such Legal Sale, all whiskey, barrels, and associated materials remain the exclusive property of the Company.

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7.4 Resale Restrictions. Bottled Product is intended for personal use only. Resale is prohibited unless the Customer holds all required federal, state, and local permits and licenses. Member Benefits, including exclusive releases or tastings, are non-transferable unless expressly permitted by the Company.

8.1 Regulatory Limitations. Delivery shall be made only to jurisdictions where legally permitted. Member Benefits, such as exclusive releases, are subject to the same shipping and regulatory limitations.

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8.2 Pick-Up Option. Customers may pick up Bottled Product at the distillery or a designated retail partner at no additional charge. Member Benefits tastings or events are available by reservation and subject to availability.

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8.3 Shipping. Shipping timelines are estimates only and are subject to carrier availability, compliance review, and legal restrictions. The Company shall not be liable for delays caused by shipping carriers or regulatory compliance checks.

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8.4 Adult Signature Required. Deliveries must be accepted in person by an adult of legal drinking age who presents valid government-issued identification.

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8.5 Failed Delivery. Additional fees may apply for missed deliveries, rejected shipments, or failure to provide valid identification at delivery.

9.1 Regulatory Oversight. All sales and Member Benefits are subject to the jurisdiction of the Alcohol and Tobacco Tax and Trade Bureau (TTB), state Alcoholic Beverage Control (ABC) agencies, and other applicable authorities.

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9.2 Program Modification or Termination. The Company reserves the right to suspend, modify, or terminate the Program in whole or in part, including Member Benefits, in the event of:

(a) Legal or regulatory changes that render fulfillment impracticable, unlawful, or commercially unreasonable;
(b) Loss of required licenses or permits through no fault of the Company;
(c) Extended Force Majeure Event lasting more than twelve (12) months; or
(d) Significant changes in production capacity, ownership, or business operations.

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The Company shall provide written notice of termination at least ninety (90) days in advance when practicable. Customer remedies upon termination shall be as required by applicable law.

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9.3 Prohibited Conduct. Customers shall not attempt to circumvent applicable laws, including shipping restrictions, or misuse Member Benefits in violation of applicable alcohol laws.

10.1 Offerings. Barrel signing, private tastings, distillery tours, and other events may be offered to Customers as part of the Program or as Member Benefits.

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10.2 Conditions. Participation is subject to availability, safety protocols, and responsible consumption practices.

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10.3 Changes. The Company reserves the right to cancel, reschedule, or modify such events for safety, operational, or compliance reasons. Refunds, if any, shall not exceed the face value of the canceled event.

11.1 Force Majeure. The Company shall not be liable for delay or failure of performance due to a Force Majeure Event.

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11.2 Assumption of Risk. Customer acknowledges that alcohol consumption and participation in tastings, tours, or Member Benefits carry inherent risks. Customer participates at their own risk.

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11.3 Customer Indemnity. Customer agrees to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising directly from:

(a) Customer's intentional misuse or negligent handling of Bottled Product that results in injury to third parties;
(b) Customer's knowing and willful violation of applicable alcohol laws, including unlawful resale, distribution to minors, or circumvention of shipping restrictions; or
(c) Customer's material breach of these Terms that causes actual harm to the Company or third parties.

This indemnity shall not apply to claims arising from the Company's negligence, willful misconduct, or breach of these Terms.

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11.4 Limitation of Liability. To the maximum extent permitted by law, the Company’s total liability to any Customer shall not exceed the amount actually paid by such Customer for participation in the Program.

12.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Kentucky, without regard to conflict of law principles.

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12.2 Venue. Any action or proceeding arising out of or relating to these Terms shall be brought in the state or federal courts located in Henry County, Kentucky, or in the courts of the Customer's state of residence, at the Customer's option. Each party consents to personal jurisdiction in such courts.

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12.3 Dispute Resolution. The parties agree to attempt in good faith to resolve any dispute through mediation or arbitration prior to initiating litigation.

13.1 Cancellation Timing. Members may request cancellation of their Cask Club membership at any time. Cancellation requests must be submitted in writing to the Company via email or postal mail.

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13.2 Penalty for Early Cancellation. If a Member cancels prior to the next membership anniversary date, the Member shall remain responsible for payment of all remaining dues through the upcoming anniversary date.

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13.3 Anniversary Cancellation. Members may cancel on their membership anniversary date without incurring additional penalties. The membership shall terminate at the end of the current membership term.

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13.4 Effect on Member Benefits. Upon cancellation, access to Member Benefits, including exclusive releases, discounts, events, tastings, and concierge services, shall immediately terminate unless otherwise specified by the Company.

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13.5 No Refunds. Except as required by applicable consumer protection law, all payments made prior to cancellation are non-refundable.

Questions, notices, or other communications relating to the Program shall be directed to:

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Pleasureville Distilling Co.
12606 Castle Highway, Pleasureville, KY 40057-8608
info@pleasurevilledistilling.com