Terms & Conditions
By submitting payment, you agree to our Terms and Conditions as found here.
Mobile Bar Rental
By submitting payment, you agree to our Terms and Conditions as found here.
Mobile Bar Rental
BACKGROUND:
This Bartending Services Agreement (the "Agreement") is made by and between the following Client (the "Client") and the following bartending services provider (the "Bartender"):
Shenanigenz LLC
21264 N Frontage Rd E
Warden, Wa 98857
(Bartender) desires to provide bartending services to (Client) desires to obtain such services from (Bartender).
THEREFORE, in consideration of the mutual promises set forth below, the Parties agree as follows:
1. On (Date of Event) at (Start Time), (Bartender) will provide to (Client) the following bartending services (collectively, the "Services"):
Licensed Bartender who is highly efficient, well trained, and knowledgeable.
2. (Bartender) will work a total of 4 Hour Minimum Service (includes 1 hour setup and 30 minute tear down) on the day they provide bartending services.
3. (Bartender) affirms that they know any and all relevant federal, state, and local laws concerning the sale of alcoholic beverages and shall follow the applicable laws.
4. (Bartender) shall follow measures to ensure that only persons of legal drinking age are served alcoholic beverages. Guests who appear to be underage may be asked to provide I.D.
5. (Bartender) shall exercise discretion in serving alcoholic beverages to guests. (Bartender) reserves the right to refuse to serve alcoholic beverages to any guest if they believe that such guest is intoxicated and is acting in a manner that could be detrimental to either themself or other guests.6. (Bartender) will prepare all necessary cocktail items, garnishes, and additional stock items.
7. (Bartender) will provide the following tools necessary to complete the services with Client providing all other necessary tools:
Wine Openers, Batch Cocktail Containers, Knives, Cutting Boards, Ice Scoops, Ice Buckets. Serving Items: Ice, Cups, Straws, Napkins, and Garnishing Fruits. Tools necessary for cleaning: Hand Sanitizer, Bar Towels, and Sanitization Water/Bucket.
8. Location selection for providing bartending services and compliance with any and all relevant federal, state, and local permits, rules, and/or regulations, including but not limited to liquor licenses, are the sole responsibility of Client.
9. (Client) shall provide:
Banquet License. “A banquet permit is a permit you apply for that allows the service and consumption of liquor at a private, invitation-only banquet or gathering held in a public place or business. Examples include weddings, company banquets, retirement parties, and club, organization or church events.” - Washington State Liquor and Cannabis Board https://lcb.wa.gov/licensing/banquet-permits
Alcohol
Garbage Disposal
10. For rendering the Services outlined in this Agreement, the (Client) will pay to the (Bartender) compensation amounting to $50 (fifty US dollars) per hour
11. Payment shall be made to the following person/address:
Shenanigenz
21264 N Frontage Rd E
Warden, Wa 98857
12. Any Services requested that exceed the contracted time period and which are granted by the (Bartender) will be charged at the rate of $50 per hour. It may not be possible to provide additional bartending time. Requests for extended bartending time will be accommodated only when feasible and at the discretion of the (Bartender).
13. If any invoice is not paid when due, the Client may be charged a late fee of $75 (seventy-five US dollars).
14. In addition to any other right or remedy provided by law, if the (Client) fails to pay for the Services when due, (Bartender) has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek any and all available legal remedies.
15. Cancellation of this Agreement by (Client) which is received in writing at least 4 weeks prior to set start date will result in a refund less the $395 non refundable retainer fee. Cancellation of Services outlined by this Agreement less than 4 weeks prior to the start date obligate Client to make full remaining payment of the total fees agreed upon.
16. Cancellation issued by (Bartender) shall result in all monies paid to the Bartender from the Client being full refunded INCLUDING any retainer fee paid.
17. (Bartender) and any of (Bartender)'s employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Bartender, or divulge, disclose, or communicate in any manner any information that is proprietary to (Client). (Bartender) and their employees, agents, and representatives will protect such information and treat it as strictly confidential.
18. This provision shall continue to be effective after the termination of this Agreement.
19. Upon termination of this Agreement, (Bartender) will return to (Client) all records, notes, documentation, tools, and other items that were used, created, or controlled by (Client) during the term of this Agreement.
20. (Bartender) agrees to indemnify and hold harmless from all claims, losses, expenses, fees including attorney's fees, costs, and judgments that may be asserted against Bartender that result from the acts or omissions of Bartender and/or (Bartender)'s employees, agents, or representatives.
21. (Bartender) shall provide their Services and meet obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the Services which meet generally acceptable standards in (Client)'s community and region, and will provider a standard of care equal to, or superior to, care used by similar bartenders on similar projects/work.
22. (Bartender) shall be familiar with all state, local, federal, and municipal regulations, policies, laws, and guidelines applicable to the serving of alcohol.
23. (Bartender) shall not consume or use illegal substances or alcoholic beverages while performing their duties.
24. The occurrence of any of the following shall constitute a material default under this Agreement:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either Party.
c. The subjection of any of either Party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or governmental agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
25. In addition to any and all other rights a party may have available according to law, if a Party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other Party may terminate the Agreement by providing written notice to the defaulting Party.
26. This notice shall describe with sufficient detail the nature of the default.
27. The Party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a Party providing notice, the failure to cure the default(s) within such time period shall result in automatic termination of this Agreement.
28. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event.
29. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, strikes, lock-outs, work stoppages, or pandemics.
30. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.
31. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such Party, or its employees, officers, agents, or affiliates.
32. This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement.
33. This Agreement supersedes any prior written or oral agreements between the Parties.
34. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.
35. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
36. This Agreement may be modified or amended in writing, if the writing is signed by the Party obligated under the amendment.
XV. GOVERNING LAW.
37. This Agreement shall be construed in accordance with the laws of the State of Washington.
38. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph of this Agreement or to such other address as one Party may have furnished to the other in writing.
This clause isn’t essential, but it’s helpful if you want to use photos of the event to promote your business. A photo release clause in your event planning contract gives you permission to use and edit photos taken during the event for promotional purposes.
This clause is common in wedding planning and photography contracts. Most clients should have no problem with this since it means additional exposure for their own company. Nevertheless, you need to cover it in writing.
An event planner contract is your safety net. Never agree to any work on a verbal-only agreement. This is the case even when working with a loyal client whom you have developed a rapport with. The contract not only protects you financially but also prevents unnecessary disputes that can lead to eroded business relationships.
39. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
AGREEMENT. This Agreement is by and between Designs by Tiffany LLC dba PIC HAPPY Photo Booth (“PHPB,” “us” or “we”) and Client (referred to individually as a “Party” or collectively as the “Parties”). PHPB will provide photo booth event rental services as described in this Agreement.
SERVICE PERIOD. Pursuant to the responsibilities of Client, PHPB agrees to have a photo booth operational for a minimum of 80% during this period. Client understands that occasionally, operations may need to be interrupted for maintenance of the photo booth.
RETAINER AND PAYMENT. A $150 non-refundable retainer is due upon booking. The remaining balance is due no later than thirty (30) days before Client’s event date. If paying by credit card, Client agrees to have PHPB charge Client’s credit card for payment of services. The Client is liable for any additional time they request at the event at the cost of $100/hr. The Client agrees that in addition to any and all other legal rights and remedies PHPB may have, Client will pay any and all Non-Sufficient Funds and Overdraft Fees incurred for any and all returned checks which Client may write to PHPB as payment for services.
CHANGES AND CANCELLATIONS. Any request for a date, time, or location change must be made in writing at least thirty (30) days in advance of the original event date. Change is subject to photo booth availability and receipt of a new Service Contract. If there is no availability for the alternate date, time, or location, the deposit shall be forfeited and the event cancelled. Any cancellation occurring less than thirty (30) days prior to the event date shall forfeit all payments received.
ACCESS. The Client will arrange for an appropriate space for the photo booth at Client’s venue. Space must be at least 10’ by 10' by 10’, on level surface, solid ground. PHPB will provide a covering to help protect the unit from wind, rain and poor lighting. It is Client’s responsibility to ensure access is possible. The Client is responsible for providing power to the photo booth with 25ft. access to a working outlet (3 prong, 110V, 10 amps).
PHOTO RELEASE. Client grants us permission to use images from Client’s event to promote our business, including but not limited to, use on website, blog, social media and print marketing materials. Client waives any right to any payment, royalties or any other consideration for the use of the images. Client waives the right to inspect or approve the finished product, including written or electronic copy, wherein Client’s likeness appears. Client hereby holds harmless, releases and forever discharges us from all claims, demands, and causes of action which Client, his/her heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client’s estates have or may have by reason of this authorization.
ONLINE GALLERY. If you have ordered access to an online gallery, upon receiving downloadable link of the files, Client accepts all responsibility for archiving and protecting the photographs and media. PHPB is not responsible for the lifespan of any digital media provided for any future changes in digital technology or media readers that might result in the inability to read the discs provided. It is Client’s responsibility to make sure that digital files are copied to new media as required. Digital image files will only be made available for download in an online gallery for 30 days.
HOLD HARMLESS. At all times after the effective date of this Agreement, the Parties shall indemnify each other and their officers, members, managers, employees, owners, sublicensees, affiliates, subsidiaries, successors, and assigns (collectively, the “Indemnitees”) from all damages, liabilities, expenses, claims, or judgments (including interest, penalties, reasonable attorneys’ fees, accounting fees, and expert witness fees) (collectively, the “Claims”) that any Indemnitee may incur and that arise from:
(a) A Parties’ gross negligence or willful misconduct arising from the Party’s carrying out of its obligations under this Agreement;
(b) Any breach of any of its obligations or representations under this Agreement.
Additionally, Client will indemnify PHPB from any claim or cause of action arising out of or relating to any event, product, promotion, etc. that is the subject of this or a related agreement, including, but not limited to, any claim or cause of action by an attendee of Client’s event against PHPB or any damage caused to PHPB's equipment or personnel caused by Client or one of Client’s event attendees.
PRINT STRIP TEMPLATE. PHPB creates a custom template for each event at no additional charge. A request for logos (if applicable) will be made shortly after booking to create the Clients custom template. It is the Clients responsibility to acquire logos and permission(s) to use.
WIFI. PHPB’s instant sharing features require Client to provide access to or guarantee a venue internet connection of at least (1MB). PHPB is not responsible for insufficient image sharing features below the required Internet speed. If your venue does not have WiFi, it can be provided for a $75 fee; providing your building can get signal. For some concrete and steel buildings signal will be unavailable/blocked. If that is the case, your event gallery will be available in 24 hours.
MISCELLANEOUS TERMS. In the event PHPB is unable to supply a working photo booth for at least 80% of the Service period, Client shall be refunded a prorated amount based on the amount of service received. If no service is received, PHPB’s maximum liability will be the return of all payments received from Client. PHPB is not responsible for any consequential damages or lost opportunities upon breach of this Agreement.
TRAVEL. Free delivery is included within 30 mile radius of Moses Lake, WA. Extra mileage is billed at $1 per mile.
PARKING. The Client shall provide parking for the PHPB attendant’s vehicle while at Client’s event. Client is responsible for any valet/parking fee required for events at public/private venues.
IDLE TIME. If there are more than 30 minutes between setup and start time, a fee of $50 per hour for "Idle Time" will be invoiced.
SEVERABILITY. If any one or more of the provisions contained in this Agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this Agreement, but this Agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this Agreement to be unreasonable.
WAIVER. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the Party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
ENTIRE AGREEMENT. This Agreement constitutes the final Agreement of the Parties. It is the complete and exclusive expression of the Parties’ Agreement with respect to the subject matter of this Agreement. All prior and contemporaneous communications, negotiations, and Agreements between the Parties relating to the subject matter of this Agreement are expressly merged into and superseded by this Agreement. The provisions of this Agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither Party was induced to enter this Agreement by, and neither Party is relying on, any statement, representation, warranty, or Agreement of the other Party except those set forth expressly in this Agreement. Except as set forth expressly in this Agreement, there are no conditions precedent to this Agreement’s effectiveness.
FORCE MAJEURE. A Party will not be in breach of or in default under this Agreement on account of, and will not be liable to the other Party for, any delay or failure to perform its obligations under this Agreement by reason of wind storm, fire, earthquake, flood, explosion, strike, riot, war, terrorism, pandemic or similar event beyond that Party’s reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the affected Party shall, as soon as practicable:
notify the other Party of the Force Majeure Event and its impact on performance under this Agreement; and
use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this Agreement.
GOVERNING LAW.
Choice of Law. This Agreement shall be construed under the laws of the State of Washington, without regard to its choice or conflict of law principles.
Choice of Forum. Any claim or cause of action arising out of or related to this Agreement shall be brought in a court of competent jurisdiction in Grant County, Washington or the United States District Court for Eastern District of Washington.
Attorneys’ Fees. If either Party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing Party shall be entitled to its reasonable attorneys’ fees and costs.
ALL SALES ARE FINAL. The Client understands and agrees that all sales and service fees are final.
The Client, hereafter referred to as the “Lessee” hereby accepts complete responsibility for all the users of the equipment during the time the equipment is being rented by the “Lessee”.
The Lessee will exercise care over the rented so as to prevent any loss and or damage to the equipment.
The Lessee will return all rented equipment by the due date and specified time or the Lessee will be responsible for late charges.
The Lessee will notify Shenanigenz LLC immediately in the event of any loss or damage to the rented equipment or if the Lessee is not able to return the equipment by the due date.
The Lessee accepts complete responsibility for any loss and or damage that is caused to the equipment due to the Lessee's negligence and or improper use of the rented equipment.
The Lessee will notify Shenanigenz LLC if there is any loss and or damage to the rented equipment due to the Lessee's negligence and or improper use. Not using the rented equipment the way Shenanigenz LLC and or the manufacturer's instructions; not using the rented equipment for its intended purpose; allowing the rented equipment out of the Lessee's personal control and possession; and or not protecting the rented equipment from damage or loss all hereby constitute "improper use".
The Lessee further agrees to pay the cost of replacement or any repairs to the rented equipment up to the retail price of the rented equipment for negligence and or improper use that causes damage or loss to the rented equipment.
The Lessee assumes all risk or loss, destruction and liability resulting from the use of the rented equipment and hereby acknowledges that Shenanigenz LLC will not be held liable for any injury, loss or damage, direct or consequential, that may arise out of the use or the improper use of the rented equipment regardless if used singularly or in connection with any other equipment.
Applicable Law
This contract shall be governed by the laws of the State of Washington in Grant County and any applicable Federal Law.
Client is hereby notified and agrees that:
While the State of Washington has eased or eliminated various COVID-19 based restrictions on businesses, the conduct and performance of the services being provided by Shenanigenz LLC are subject to those rules in place at the time the services are to be performed.
Based upon the scope of the social distancing restrictions in place at the time of the services, certain aspects of the Shenanigenz LLC/Client interaction may be altered by necessity.
Client and all members of Client’s party agree to abide by the social distancing measures in force at the time of their session or event. Client and members of Client’s party explicitly agree and understand that failure to adhere to such social distancing measures places them at increased risk of COVID-19 exposure or transmission.
WAIVER
Client and members of Client’s party assume all risks associated with potential COVID-19 transmission or exposure in relation to the services being provided and accept sole responsibility for an illness, injury, damages, claims or expense arising therefrom regardless of the identity of the person alleged to be at fault for such transmission or exposure.
As consideration for this waiver, Shenanigenz LLC agrees to waive any liability or claim against Client or members of Client’s party for COVID-19 transmission or exposure.
Notwithstanding the foregoing, the Waivers contained in Sections 4 and 5 of this Notice and Waiver shall not be interpreted to prohibit actions or claims against persons who knowingly participate in the photography services while exhibiting COVID-19 symptoms or who knowingly participate while having an active COVID-19 infection.