Terms of Service
SPECIAL EVENT AGREEMENT
This Special Event Agreement (this “Agreement”) is entered into as of the date of service (the “Effective Date”), by and between The Pool Boys LLC (“Company”) and the undersigned individual (“Client”). The Company and Client are collectively the “parties,” and each individually a “party.”
WHEREAS, the Company provides private bartending services to clients at private events.
WHEREAS, the Client and the Company have agreed for the Company to attend a private event held by the Client at a private residence and for the Company to serve alcoholic beverages at the Client’s private event (the “Event”).
NOW THEREFORE, in consideration of the mutual covenants set forth in the above Recitals, with the Recitals incorporated by reference as if fully set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:
- Services by the Company. The Client must provide the Company with an event location that is in a safe, workable condition for the Event. The Company shall provide bartenders in such amounts as is approved by the Client seven (7) days prior to the Event.
- Payment. Upon execution of the Agreement, the Client shall pay the Company the event fee in accordance with the Company’s Invoice that has been submitted to the Client herewith the Agreement.
- Catering/Food items/Liquor/Refreshments. The Client will pay for the costs of the food, liquor and non-alcoholic refreshments, and glasses for the Event.
- Age of Event Guests. The Client represents that all guests at the Event are 21 years of age or older. If there will be any guests at the Event who are younger than 21 years of age, the Client must inform the Company at the beginning of the Event and the Company must approve of their attendance.
- Confidentiality. The terms and the very existence of this Agreement shall remain strictly confidential. Both parties agree not to disclose any of the terms of this Agreement whether generally or specifically, to any third party, except as may be required by a party’s accountants or insurers, or by order of a court of competent jurisdiction.
- Force Majeure. Neither party shall be liable for any failure to perform its obligations pursuant to this Agreement where such failure is as a result of Acts of God (including, without limitation, fire, flood, earthquake, storm, hurricane or other natural disaster), inclement weather, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, strike, lockout or material interruption or failure of electricity (or telephone service), which makes such party’s performance under this Agreement illegal or impossible to perform (a “Force Majeure Event”). The party prevented from performing pursuant to a Force Majeure Event shall provide the other party with prompt written notice of such delay and shall take all reasonably necessary steps to resume full performance in a timely manner. Notwithstanding the foregoing, if a party’s performance is prevented as a result of a Force Majeure Event, then the other party may terminate this Agreement upon delivery of written notice to the non-performing party with no liability whatsoever
- Indemnification Obligations of the Client. The Client agrees to indemnify, defend and hold harmless the Company and its members, managers, officers, directors, shareholders, agents, employees, contractors, and their respective successors and assigns from and against all Claims arising out of or relating to any third party Claim alleging: (i) any breach of any terms, conditions, representations or warranties made by, or obligation of, the Client in this Agreement; (ii) unauthorized or illegal acts or omissions by the Client and/or the Client’s guests at the event; and (iii) any property damage, death or personal injury caused by the gross negligence or willful acts, of the Client and/or the Client’s guests at the event.
- Choice of Law. This Agreement shall be construed in accordance with the laws of the State of Tennessee.
- Relationship of the Parties. Nothing expressed or implied by the terms of this Agreement shall make or constitute either party hereto the agent, partner or joint venturer of and with the other party. Neither party shall have the right, implied or otherwise, to bind the other party or make any commitments on behalf of the other party.
- Severability. Each provision of this Agreement is severable from the entire Agreement, and in the event that any provision should be deemed invalid or unenforceable, that provision shall be amended if possible to be enforceable, but in any event the remaining provisions hereof shall remain in effect.
- Execution. Delivery of executed copies of this Agreement may be made by electronic transmission. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which collectively shall constitute a single agreement.
- Entire Agreement. This Agreement is the entire agreement between the Company and the Client, which supersedes any prior or contemporaneous agreement or understanding, whether written or oral, and any other communications between the Company and the Client relating to the subject matter of this Agreement. This Agreement may not be changed orally, but only by a writing signed by both parties which specifically references this Agreement.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first above written.
The Pool Boys LLC