UPDATED: JANUARY 1, 2022
A. DESCRIPTION OF SERVICES
- Life Events LLC d.b.a. Cabana Boys Events (referred to as the “Company” hereafter) will provide the following services (collectively, the "Services"): Serve drinks and snacks, provide excellent service, greet all guests, distribute towels, offer assistance with seating, clean the pool area, clean up after refreshments are served, take out the trash, and keep guests company.
- Company employees will work an agreed upon number of hours (two minimum) on the day they provide services.
- The Company does NOT provide an adult entertainment service.
- Company employees have been instructed to leave the event at the end of the scheduled shift.
B. RIGHTS AND RESPONSIBILITIES OF THE COMPANY
- The Company 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.
- The Company 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.
- The Company shall exercise discretion in serving alcoholic beverages to guests. The Company 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.
- The Company will prepare all necessary cocktail items, garnishes, and additional stock items.
- Client will provide all necessary tools, such as wine keys, bottle openers, shakers, pourers, etc. necessary to complete the Services.
- Client will provide all necessary drinks, food, and related items.
C. LOCATION AND PERMITS
- Location selection for providing 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.
- Location will be agreed upon between Client and the Company at least seven (7) days prior to event date
- For rendering the Services outlined in this Agreement, the Client will pay to the Company compensation that varies based on the location of services rendered.
- Client will pay the Company the full amount upon booking in order to secure reservation
- Payment shall be made via emailed invoice or electronic payment (i.e. Venmo)
- In addition to any other right or remedy provided by law, if Client fails to pay for the Services when due, the Company 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.
E. CANCELLATION POLICY
- Cancellation of this Agreement by Client which is received in writing at least 10 days prior to set start date will result in a refund of any monies paid. Cancellation of Services outlined by this Agreement less than 10 days prior to the start date will result in a 50% refund of any monies paid.
- Cancellation issued by the Company shall result in all monies paid to the Company from the Client being fully refunded.
F. LIABILITY WAIVER AND ASSUMPTION OF RISK
- Please read this section carefully as you will be giving up your rights to assert any claims against the Company for any loss relating to the Services provided to Client.
- The Company is in the business of providing event catering services, including the service of alcohol, and service at poolside events. Client understands and acknowledges that the consumption of alcohol presents inherent risks, including risks of intoxication, injury, and death, and that pools also present inherent risks of injury, including death.
- The Client further understands and acknowledges that the hosting of gatherings and having in-person event catering, with or without alcohol, and whether or not involving a pool, presents certain inherent risks of injury, including death, and including exposure to transmittable illnesses such as COVID- 19, to individuals and damage to property. Client hereby assumes any and all risk of injury, including death, and including exposure to transmittable illnesses such as COVID-19, to any and all individuals, as well as damage to property, relating in any way to the Services provided by Company, and hereby fully and forever releases, discharges, indemnifies, and holds Company harmless from any and all injury, damage, death, or other loss relating to the Services provided by Company to Client, regardless of whether such injury, damage, death, or other loss is caused by the negligence or recklessness of Company, Client, or any other party, or any other cause.
G. MODEL RELEASE AND INDEMNIFICATION
- You agree that, as part of Company providing the Services, the Company may capture your image and the image of any individual present at Client’s event, via photographic, audiovisual, or other means. You hereby release and forever discharge us from any and all claims you may have to any images, videos, or other recordings of yourself which we obtain during the Services.
- You also hereby convey and grant to us all right, title, and interest in any such images, videos, or other recordings, and agree that we may use them in our sole and absolute discretion. You further agree to indemnify and hold us harmless from any and all claims relating to our use of the image of any individual attending Client’s event.
- The Company and any employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Company, or divulge, disclose, or communicate in any manner any information that is proprietary to Client. Employees, agents, and representatives will protect such information and treat it as strictly confidential.
- Upon termination of this Agreement, the Company 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.
- The Client agrees to indemnify and hold harmless from all claims, losses, expenses, fees (including attorneys’ fees), costs, and judgments that may be asserted against the Company that result from the acts or omissions of the Company and/or the Company’s employees, agents, or representatives, to the greatest extent permitted by law.
- The Company shall provide their Services and meet obligations under this Agreement in a timely and workmanlike manner, and in accordance with generally accepted industry standards, and will provide a standard of service at least equal to that used by competitive service providers.
- The Company shall be familiar with all state, local, federal, and municipal regulations, policies, laws, and guidelines applicable to the serving of alcohol.
- The occurrence of any of the following shall constitute a material default under this Agreement: i) The failure to make a required payment when due. ii) The insolvency or bankruptcy of either Party. iv) 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. v) The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
- 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.
- This notice shall describe with sufficient detail the nature of the default.
- 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.
M. FORCE MAJEURE
- 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.
- 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, or work stoppages.
- 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.
- 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
N. ENTIRE AGREEMENT
- 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.
- This Agreement supersedes any prior written or oral agreements between the Parties
- 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.
- 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.
- This Agreement may be modified or amended in writing, if the writing is signed by the Party obligated under the amendment.
- This Agreement will be amended by written agreement via email of these four (4) logistical details: time, date, location, and size of event.
Q. GOVERNING LAW
- This Agreement shall be construed in accordance with the laws of the State of Arizona.
- 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.
S. WAIVER OF CONTRACTUAL RIGHTS
- 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.