Authority. The undersigned represents that he or she has the proper authority to act on behalf of and bind Client if Client is an entity and not an individual.
Spa on Wheels Company Vehicle. Company shall provide a vehicle in which some or all of the Party Activities as described above shall take place (Company Vehicle).
Venue Not Proper. Client agrees that if at the time that Company Vehicle arrives on the Venue premises that the presence of Company Vehicle is not in compliance with all local, state, or federal laws, that Company, in its sole discretion, may refuse to provide the Company Vehicle and other facilities for the Event, in which case it shall be treated in the same manner as if Client had canceled the Event within 21 (twenty-one) days of the Event Date. Further, if Company incurs any cost, such as towing, tickets, or other fees due to the illegality of the presence of the Company Vehicle, then Client shall indemnify, hold harmless, and immediately reimburse Company on demand for any such costs.
Maximum Occupancy of Company Vehicle. Company and Client agree that the maximum allowed occupancy allowed on the Company Vehicle, including staff, at any time is 8 persons. At no time is the Client to permit persons to enter the Company Vehicle exceeding the maximum occupancy agreed to herein. Company reserves the right to deny entrance to persons in excess of the maximum occupancy, or, if the maximum allowable occupancy has been exceeded, to remove persons from the Company Vehicle.
Additional Guests. Client agrees that should additional guests beyond the number of guests agreed to attend the Event, Company may add a surcharge of per additional guest that is present for any duration.
Preparation and Breakdown Time for Event. Client will allow Company’s staff and Company Vehicle access to the Venue at least 45 (forty-five) minutes prior to the start of the Event Time for preparations and at least 45 (forty-five) minutes after the Event is over to breakdown, clean-up, and remove all items belonging to Company and remove Company Vehicle. If the Event exceeds the permitted Event Time, Client agrees and shall be charged $100 for each 30 (thirty) minutes of additional time added to the Event for Company Vehicle rental and Company Staffing.
Deposit and Cancellation. Client agrees to pay to Company a deposit of $100.00 (one-hundred and 00/100 dollars) (Deposit) in order to reserve the in order to reserve the Company Vehicle for the contemplated Event for the agreed to Event Date. If Company does not receive the Deposit, Client agrees that Company shall be under no further obligation to Client under this Agreement, and Company may allow another party to use the Company Vehicle on the Event Date and during the Event Time. Should Client choose reschedule the Event more than 21 (twenty-one) days in advance of the Event Date, Company agrees to credit the Deposit towards the rescheduled Event. Client agrees that should Client cancel the Event, or should Client reschedule the event less than 21 (twenty-one) days prior to the Event Date, Client shall forfeit the Deposit.
NO FOOD ALLOWED ON COMPANY VEHICLE. Client agrees that no food shall be allowed on the Company Vehicle, and that all food and beverages shall be kept outside the Company Vehicle. Company and Company’s Staff personnel, in their sole discretion and determination, will be allowed to remove from or prohibit access to persons to the Company Vehicle found to have food in their possession.
Alcohol. Alcohol shall not be provided by Company, and consumption of alcohol shall be strictly prohibited on the Company Vehicle. If Client wishes to provide alcohol at the Venue, Client represents and warrants that Client is doing so lawfully, that Client has obtained all of the necessary licenses and permits, if any, and that all alcohol consumption shall be done lawfully. Further, Client releases, holds harmless, and indemnifies Company for any liability incurred due to the presence or consumption of alcohol at the Event and Venue, including from Company’s, and Company’s employees’, agents’, affiliates’, or assigns’ own negligence with respect to the use, consumption, provisioning, or presence of alcohol. Client nonetheless agrees that Client bears the sole responsibility for any consumption by underaged persons, and Client represents to Company that underaged persons shall not be permitted to consume alcohol on the Venue without the presence and permission of the underaged person’s parent or guardian.
No Pets. Client agrees to remove all pets from the Venue area prior to the arrival of Company staff and the Company Vehicle. Client also agrees that, under no circumstances, shall any pets be allowed inside the Company Vehicle. Client agrees that if pets are present at the Venue at the time that Company’s staff arrives, Company, in its sole discretion, may refuse to provide the facilities for the Event, in which case it shall be treated in the same manner as if Client had canceled the Event within 15 (fifteen) days of the Event Date.
Allergies. Client acknowledges that it has been informed that many of the products served or used in the Party Activities may contain TREE NUT, DAIRY, GLUTEN and other ingredients which MAY POSE A HEALTH RISK to persons who are allergic to such ingredients. It is Client’s sole responsibility to investigate the allergies of invitees and guests attending the Event, and it is Client’s responsibility to report said allergies, if any, to Company. Further, IT IS CLIENT’S SOLE RESPONSIBILITY TO ENSURE THAT A GUEST OR INVITEE WITH ALLERGIES DOES NOT CONSUME OR COME INTO CONTACT WITH THE ALLERGENS WHICH MAY CAUSE AN ALLERGIC REACTION. Company will, upon being given notice, make it’s best effort to assist Client in meeting this responsibility. However, notwithstanding anything to the contrary herein, in the event a guest or invitee suffers an allergic reaction, Client fully acknowledges and agrees, for the purposes of this Agreement, it shall be deemed Client’s sole negligence that caused the occurrence of allergic reaction, and Client shall fully indemnify and hold harmless Company for any and all damages as described in this Agreement.
Clean Up. Company will provide clean up of items provided by Company and of the Company Vehicle. Client shall agree that if trash accumulates excessively, unusually, or otherwise requires extraordinary efforts to remove, Client shall be charged for any such additional clean up costs by Company.
Damages to Venue Premises. Client shall be responsible for any damages to the Venue caused by Client, Client’s employees, agents, assigns, guests, or invitees. Client shall not be responsible for any damages caused by Company’s employees, agents, or assigns.
Damages to Company Vehicle. Client shall be responsible for any damages to the Company Vehicle caused by Client, Client’s employees, agents, assigns, guests, or invitees. Client shall not be responsible for any damages caused by Company’s employees, agents, or assigns.
No Hazardous Materials. Client agrees not to bring any hazardous materials onto the Venue, including materials that are volatile, without the prior written consent of Company. If such materials are allowed on the Venue, Client agrees to exercise all due care in the handling of such hazardous materials, and shall strictly follow all local, state, and federal regulations and laws concerning the handling and storage of such hazardous materials. Should any damages occur from the use of such hazardous materials, Client agrees to bear the sole responsibility for such damages and will hold harmless and indemnify Company, Company’s agents, and assigns from any liability caused by such hazardous materials.
Liability, Insurance, and Force Majeure
RELEASE OF LIABILIITY. PLEASE READ CAREFULLY. Client agrees to protect, indemnify, defend, and hold harmless Company, its owners, subsidiaries, affiliates, officers, directors, employees and agents against all claims, losses, or damage to persons or property, government charges, fines, and costs (including reasonable attorneys fees) arising out of or related to the use of the Venue, or any part thereof, by Client, or any guest, invitee or agent of Client or any independent contractor hired by Client, except those claims arising out of sole gross negligence or willful misconduct of Company. In no event shall either party be liable to the other for indirect, incidental or consequential damages, whether based on tort, breach of contract, warranty or otherwise. In no event shall Company’s liability be in excess of the total amount of the charges paid by Client.
Force Majeure. Either party may be excused from its obligation to perform under this Agreement in the event that acts of God, war, government regulation, riots, disasters or strikes renders such performance objectively impossible or illegal. In the event that at the time of the Force Majeure Cause, Company has incurred expenses, which under the Agreement are the responsibility of Client, then for the period of use until the time of termination, and to the extent Company has incurred such expenses, Client shall be liable to Company, unless Company waives reimbursement.
Severability. The provisions of this Agreement are considered severable and independent and the invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision hereof.
Benefit and Binding Effect. This Agreement shall inure to the benefit of and be binding upon Client, Client’s respective heirs, legal and personal representatives, successors and assigns, and the Company and its successors and assigns.
Integration. This Agreement, and any and all Exhibits attached hereto, hereby incorporated and made part of this Agreement for all purposes, constitutes the entire agreement among the parties regarding the subject matter hereof and supersedes, integrates, and cancels any and all prior agreements between the parties as to subject matter hereof.
Amendment and Modification. This Agreement may be amended or modified only by a written instrument that is signed by each person or entity that is a party to this agreement.
Assignment. Client agrees that Client may not assign any part of its interest in this Agreement to any other party without the written consent and permission of Company. Client further acknowledges that Company may assign its interest in this Agreement in part or in whole to third parties without Client’s permission, including contracting or sub-contracting a portion or all of Company’s duties under this Agreement.
Gender and Number. Whenever required by the context of this Agreement, the singular includes the plural, the masculine includes the feminine or the neuter and the feminine includes the masculine or the neuter.
Governing Law and Venue. This Agreement is to be governed by and construed in accordance with the substantive and procedural laws of the State of Texas. Any law suit regarding any dispute over this Agreement shall be brought by the parties in a State District Court located in Harris County, Texas.
Attorneys Fees. In the event litigation regarding this agreement ensues, the prevailing party shall be entitled to recover its attorneys fees from the other party.
Notice. Any notice required or which may be given under this Agreement shall be deemed to have been duly given if personally delivered or if sent by Express Mail International with Return Receipt Requested through the United States Postal Service, or some equivalent, to the addresses of the respective parties as shown under or opposite their names on the signature page hereof, or at their addresses as shown in the record books of the Company or as they shall have otherwise indicated by written notice to all other parties hereto. Notice shall be deemed received when personally delivered or, on the date of delivery shown on the return receipt or, in any event five (5) days after posting thereof in the U.S. Mail.