Services
The Vintage Drip shall perform for «Deals.Contact Name» certain services at the Event, such as, Truck Rental and Use of the Tap System, Server(s) and pick up and delivery of beverages.
Compensation
Vintage Drip requires 50% deposit to book services. Balance is due 7 days before event date.
Customer shall pay to Compensation for the according to the fee schedule listed in the quote sent to the customer.
Travel Fee: A $150 travel fee will be charged if the Customer’s event location is more that 10 miles away from,
1318 NW 125th Terrace
Sunrise, FL 33323
Payment
Customer shall pay the invoice to
upon receiving the invoice,
Via credit card (payment page), cash or check
Invoice Procedure and Requirements
Vendor shall invoice in writing, including the total amount due, and send each invoice to the customer via email.
Taxes
Payment amounts under this agreement do not include taxes, and shall pay all Taxes applicable to payments between the parties under this agreement.
Personnel
Amount of Personnel
Customer is responsible for hiring required amount of personnel. Additional servers are available upon request and at an extra charge.
Dress of Personnel
Vendor shall use reasonable efforts to ensure its personnel is dressed appropriately,as agreed on by the parties in , attached to this agreement, for the duration Event.
Equipment
Vendor will ensure all tap system equipment is functioning properly for the duration of the event.
Beverage Selection
All beverages are SOLD SEPARATELY and shall be purchased by the Customer from the store of their choice or from our list of preferred distributors.
Provide List of Menu Items
Vendor will provide with a list of beverage items upon request.
Pickup & Delivery
Vendor will arrange for pickup of any beverages including kegs and will deliver to the event.
Alcohol Permits, Licenses, Registrations, and Trainings
IF REQUIRED by venue. Vendor shall ensure that it and all its personnel responsible for serving alcohol will maintain all approvals, licenses, filing, registrations, and permits required by Law in connection with serving alcohol.
Certified Training
IF REQUIRED by the Venue, shall ensure that all its employees responsible for serving alcoholic beverages have completed certified alcohol server training and provide proof of training at the Event.
Event Rentals
Vendor shall be responsible for set-up and safety of all equipment Customer rents from Venfor for the Event.
Non-Rentals and Rentals from Third Parties
Customershall be responsible for set-up and safety of all equipment it provides or is renting from a third party for the Event.
Decorations
Customer shall be responsible for the set up and take down of the decorations. Including any flowers or signage used on the Tap Truck.
Dishes and Utensils
Vendor shall provide the cups required for the Event as listed in the , attached to this agreement.
Event Security
Customer shall provide the security personnel and mechanisms the parties agree to in writing.
Compliance with Laws
Each party shall
comply with all Laws [relating to "SUBJECT MATTER OF THE AGREEMENT"],
keep records evidencing its compliance,
on the other party's reasonable request, provide these records of compliance to the other party, and
notify the other party if it becomes aware of any non-compliance in connection with this section.
Mutual Representations - Authority and Capacity
The parties have the authority and capacity to enter into this agreement.
Execution and Delivery
The parties have executed and delivered this agreement.
Enforceability
This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.
No Conflicts
Neither party is under any restriction or obligation that may affect the performance of its obligations under this agreement.
Insurance
Vendor shall maintain the insurance necessary to cover its obligations and responsibilities under this agreement, or any amount required by Law, but in no case less than Limited Liability Insurance.
Proof of Insurance
At Customer's request, Vendor shall provide with certificates or other acceptable proof of its insurance, describing the coverage of its insurance, and notice of any material change to its insurance.
Liability for Guests
Customer shall be liable for any damages or losses caused by guests at the Event.
Limitation on Liability
Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.
Termination
Either party may terminate this agreement for any reason with 90 Business Days’ notice to the other party.
Termination for Material Breach
Each party may terminate this agreement with immediate effect by delivering notice of the termination to the other party, if the other party fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations.
Termination for Insolvency
If either party becomes insolvent, bankrupt, or enters receivership, dissolution, or liquidation, the other party may terminate this agreement with immediate effect.
Termination Fees
Early Termination Customer
If Customer cancels the Event more than 30 Business Days' from the Event Date, Vendor shall return 50% of any deposits and pre-payments of Compensation made according to the quote .
Late Termination Customer
If Customer cancels the Event less than 30 Business Days' from the Event Date, will be deemed to forfeit the full amount of any deposits and pre-payments of Compensation it made according to the fee schedule in .
Early Termination by Vendor
If Vendor terminates this agreement for any reason (unless it is for a material breach by ) more than 30 Business Days' from the Event Date, shall return the full amount of any deposits and pre-payments of Compensation made according to the fee schedule in within [10] Business Days' of the termination.
Late Termination by Vendor
If Vendor terminates this agreement for any reason (unless it is for a material breach by ) less than 30 Business Days' from the Event Date, shall return the full amount of any deposits and pre-payments of Compensation made according to the fee schedule in , within [10] Business Days' of the termination.
Indemnification by Customer
Customer (as an indemnifying party) shall indemnify Vendor (as an indemnified party) against all losses and expenses arising out of any proceeding
brought by either a third party or , and either
arising out of 's breach of its obligations, representations, warranties, or covenants under this agreement, or
arising out of any act, omission, negligence, or misconduct of a guest at the Event.
Mutual Indemnification
Each party (as an indemnifying party) shall indemnify the other (as an indemnified party) against all losses arising out of any proceeding
brought by either a third party or an indemnified party, and
arising out of the indemnifying party's willful misconduct or gross negligence.
Notice and Failure to Notify
Notice Requirement. Before bringing a claim for indemnification, the indemnified party shall
notify the indemnifying party of the indemnifiable proceeding, and
deliver to the indemnifying party all legal pleadings and other documents reasonably necessary to indemnify or defend the indemnifiable proceeding.
Failure to Notify. If the indemnified party fails to notify the indemnifying party of the indemnifiable proceeding, the indemnifying will be relieved of its indemnification obligations to the extent it was prejudiced by the indemnified party's failure.
Exclusive Remedy
The parties' right to indemnification is the exclusive remedy available in connection with the indemnifiable proceedings described in this section "INDEMNIFICATION".
Definitions
"Business Day" means a day other than a Saturday, a Sunday, or any other day on which the principal banks located in New York, New York are not open for business.
"Services" is defined in section "CATERING SERVICES".
"Compensation" is defined in section "COMPENSATION".
"Effective Date" is defined as the date payment of deposit is received.
"Law" means
any law (including the common law), statute, bylaw, rule, regulation, order, ordinance, treaty, decree, judgment, and
any official directive, protocol, code, guideline, notice, approval, order, policy, or other requirement of any Governmental Authority having the force of law.
"Taxes" includes all taxes, assessments, charges, duties, fees, levies, and other charges of a Governmental Authority, including income, franchise, capital stock, real property, personal property, tangible, withholding, employment, payroll, social security, social contribution, unemployment compensation, disability, transfer, sales, use, excise, gross receipts, value-added and all other taxes of any kind for which a party may have any liability imposed by any Governmental Authority, whether disputed or not, any related charges, interest or penalties imposed by any Governmental Authority, and any liability for any other person as a transferee or successor by Law, contract or otherwise.
Binding Effect
This [agreement/plan] will benefit and bind the parties and their respective heirs, successors, and permitted assigns.
Assignment
Neither party may assign this agreement or any of their rights or obligations under this agreement without the other party's written consent.
Force Majeure
A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is
beyond the reasonable control of a party,
materially affects the performance of any of its obligations under this agreement, and
could not reasonably have been foreseen or provided against, but
will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
Governing Law
This agreement shall be governed, construed, and enforced in accordance with the laws of the State of Florida, without regard to its conflict of laws rules.
Dispute Resolution
Arbitration. Any dispute or controversy arising out of this agreement and "SUBJECT MATTER OF THE AGREEMENT" will be settled by arbitration in Florida, according to the rules of the American Arbitration Association then in effect.
Judgment. Judgment may be entered on the arbitrator's award in any court having jurisdiction.
Arbitrator's Authority. The arbitrator will not have the power to award any punitive [or consequential] damages.
Attorney Fees
If either party brings an Action to enforce their rights under this agreement, the prevailing party may recover its expenses (including reasonable attorneys' fees) incurred in connection with the Action and any appeal from the losing party.
Amendment
This agreement can be amended only by a writing signed by both parties.
Entire Agreement
The parties intend that this agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this agreement and refer to this agreement,
represent the final expression of the parties' intent relating to the subject matter of this agreement,
contain all the terms the parties agreed to relating to the subject matter, and
replace all of the parties' previous discussions, understandings, and agreements relating to the subject matter of this agreement.
A copy of this agreement has been sent to Customer.