TERMS & CONDITIONS
ARTICLE I. STAFF
Section 1.01 Terms:
The Mini Donut Factory requires a $300.00 non-refundable deposit in order to reserve your Event Date. To confirm agreement, return one signed and completed copy of contract. Non-refundable deposits must be given within 7 business days of execution of contract. The balance is due no later than 14 days prior to the date of event and can be paid in cash, check, and/or money order. All checks or money orders should be made payable to: The Mini Donut Factory. There will be a $65.00 fee charged for all returned checks.
Section 1.02 Cancellations of Contract:
This agreement cannot be cancelled, except in writing, by either the Client or The Mini Donut Factory within 21 days prior to the event. If the Client initiates the cancellation, The Mini Donut Factory will hold the $300.00 non-refundable deposit to be used towards another date booked by the same client within 120 days of the initial date. The new date depends upon The Mini Donut Factory’s availability and execution of new contract. Client will hold harmless The Mini Donut Factory in the event of illness, injury, act of God, or any other situation beyond control of The Mini Donut Factory that prevents The Mini Donut Factory from performing.
Section 1.03 Requirements:
The Mini Donut Factory requires access to the desired set-up area at least one (1) hour prior to the scheduled start time. In addition, one (1) hour is required after the conclusion of the service period for break down and removal (this time is not included towards the 2, 4, 6 hours of The Mini Donut service time). The Client is responsible for providing a sturdy level working area. Client is also responsible for providing a two (6 ft. table) with linens that coordinate with client’s color scheme. The Mini Donut Factory requires at least one 120 volt-circuit within 10 feet of the desired set-up area that adheres to contemporary safety standards and supplies of at least 20 amps. Once The Mini Donut Factory has been set up in the desired location, it cannot be moved during the event. Client accepts full responsibility and is liable for any damages, injuries or delays that occur as a result of failure to comply with these provisions. The Mini Donut Factory reserves the right to use any picture(s) from the event in advertising and promotion of its business.
Section 1.04 Pay Rate:
(a) If client needs any additional Onsite Staff for the mini donut station at the rate is $50.00 per hour per staff person with a four (4) hour time minimum for delivery, set-up, operation, dismantle and removal of the mini donut station. Please note any additional staffing hours will be billed after the event at the rate of $50.00 per hour per staff person. (b) Customer will be billed for actual time the staff works an event. Four (4) hours is just a minimum and is only intended as an estimate of time, and not an actual invoice.
Choose one and fill out:
(c) I need ______ Extra Mini Donut Attendants for my event @ $50.00 (4 hour min.)
Section 2.01 SERVICE AGREEMENT.:
(a) This agreement is made on the date of this form’s signed completion between The Mini Donut Factory (herein known as AS) and Client (name listed above). The Mini Donut Factory agrees to provide to the Client and the Client agrees to contract from AS the following service: Mini Donut Service – Setup – Break down and unlimited mini donuts. AS agrees to have the Mini Donut Station fully operational for a minimum of 90% during the period specified below; occasionally, operations may need to be interrupted for service for restock or adding additional oil and batter during the event.
ARTICLE III. CUSTOMER AGREEMENT.
Section 3.01 Agreement:
• Customer agrees and acknowledges that, at all times, the title and ownership of all rented mini donut equipment shall remain with The Mini Donut Factory. Customer agrees that The Mini Donut Factory will arrange pickup and delivery of rented Mini Donut Station, and hired The Mini Donut Factory staff during the Rental Period. The Rental Period begins at the time of placement of a The Mini Donut Station, and ends at the time of dismantle.
ARTICLE IV. EQUIPMENT RENTED PAYMENT & INSPECTION.
Section 4.01 Payment:
(a) Customer agrees to pay the full balance of all the rental, taxes, insurance, damages, repairs and all other charges immediately upon return of each Mini Donut Station or the date due to be returned, whichever is earlier? Customers shall compensate The Mini Donut Factory for any loss it may sustain as a result of customers canceling all or part of an order without seventy two (72) hours prior to notice.
ARTICLE V. CUSTOMER’S RESPONSIBILITIES AND LIABILITIES.
Section 5.01 Liability Insurance Coverage:
(a) If the Mini Donut Station is not set up by a representative of The Mini Donut Factory, customer agrees to assume full responsibility and liability for the safekeeping and return to The Mini Donut Factory premises of all Photobooths rented under the terms of this Agreement, from the time the Mini Donut Station leaves The Mini Donut Factory premises until it is returned. Customer acknowledges that all rented The Mini Donut Stations are used at Customer’s sole risk, Customer will hold harmless and indemnify The Mini Donut Factory against any and all claims or liability arising out of the use of the Mini Donut Station. Customer has adequate property insurance to fully protect The Mini Donut Factory against loss, theft or damage arising in connection with the use of Mini Donut Station rented under this Agreement. Client is responsible for cost in regards to any shipping charges associated with rental of PhotoBooth.
(b) Client agrees to use the venues, or personal liability insurance coverage’s during the event for any liability claim related to The Mini Donut Factory and indemnify AS.
ARTICLE VI. CUSTOMER’S DEFAULT.
Section 6.01 Ability to Terminate Contract:
• If the Customer shall default on any of the terms, covenants and conditions herein, or fail to punctually make any of the payments hereunder, then The Mini Donut Factory shall have the option of declaring this Agreement terminated. As a consequence, The Mini Donut Factory may, without notice or demand, by process of law or otherwise, retake possession of rented Mini Donut Station. Nothing contained herein shall be construed to bar or prevent The Mini Donut Factory – in the event of monies due for rental, repair, replacement, or other costs – from suing and recovering the monies due, and from repossessing rented Mini Donut Station at the expense of the Customer. Either or all of the foregoing remedies or expressly permitted, consented to and authorized by the Customer.
Article VII. Taxes.
Section 7.01 Reimbursement:
(a) Customer agrees to reimburse The Mini Donut Factory for any state or local taxes, which might be levied upon the use of the rented Mini Donut Station while in the possession of Customer.
ARTICLE VIII. MISCELLANEOUS.
Section 8.01 Acceptance of the Mini Donut Station by The Mini Donut Factory:
(a) The acceptance of return of the rented Mini Donut Factory shall not constitute a waiver by The Mini Donut Factory of any claims it may have against the Customer. Acceptance of return of Mini Donut Station shall, as well, not constitute a waiver of claims for damages for a rented Mini Donut Station. This Agreement contains the entire agreement and understanding between the parties hereto, including warranties and representations, if any, and may not be amended or modified except in writing, signed by both parties. Time is of the essence of this Agreement.
Article IX. Liability Issue.
Section 9.01 The Mini Donut Factory Shall not be Liable:
This Agreement and the contents hereof represent the only warranties, expressed or implied, between the parties, including any implied warranty of merchantability or fitness for the particular purpose, and for any other obligation or liability on the part of The Mini Donut Factory. The Mini Donut Factory shall not be liable for any injury, loss or damage directly or consequently arising out of the use or inability of use of the Mini Donut Station, whether used singularly or in conjunction with any other equipment. In the event of litigation, all parties agree to mediation first. Any litigation will be restricted to the county of Los Angeles, in the state of California. Client will indemnify The Mini Donut Factory against, and hold The Mini Donut Factory harmless from all claims, actions, proceedings, costs, damages and liabilities, including attorney fees, arising out of, connected with, or resulting from the use of The Mini Donut Factory.
Article X. Performance.
Section 10.01, Failure Due to Mechanical Problems:
Should AS fail to provide a fully operational Mini Donut Station during the above agreed times, the client’s only remedy is a full refund of all money paid. AS is not responsible for any consequential damages or lost opportunities upon breach of this agreement. If partial performance has occurred, the client may accept the Scrapbook upon agreement to pay a prorated amount of the original contracted price.
IN WITNESS WHEREOF, this Agreement has been executed and delivered by Customer and Customer acknowledges that upon acceptance by the valid execution hereof by The Mini Donut Factory this Agreement shall be legally binding whether transmitted by mail, e-mail, or facsimile.