TERMS & CONDITIONS
1 – Cocktail Hour Entertainment, hereafter referred to as CHE, agrees to reserve the date for the affair specified herein and agree to entertain said affair in accordance with the terms of this agreement. The patron agrees and undertakes that the affair shall take place on the date specified in this agreement and in accordance with all of the terms, conditions, and provisions herein.
2 – Patron shall comply with all requirements of laws, ordinances, orders, and regulations of federal, state, county, and municipal authorities having jurisdiction over same. Patron agrees that the premises to be used shall be used solely for the purposes intended and hired for.
3 – Entertainers shall have no responsibility for failure to supply any service when prevented from doing so by strike, labor dispute, accident or any cause or force majeure beyond the reasonable control of the entertainers or by orders or regulations of any governmental authority including the right of eminent domain proceedings or failure of fuel, water, gas or electric supply, air conditioning equipment or any other facility nor shall same constitute a breach of this agreement by entertainers. Entertainers do not guarantee the availability of any specific performer.
4 – Patron agrees to pay total final balance due appearing on entertainment contract in cash, money order, personal check, or certified check 5 days prior to the commencement of the affair. CHE will not perform unless this final balance payment is made. In the case CHE does perform before final balance payment is made, and CHE takes legal action against its client for nonpayment, the client is responsible for CHE’s legal fees and court costs. The prices written on this contract reflect a 3% cash discount. Cash payments consist of cash, check and wire transfer. Any other form of payment for your final balance does not receive the 3% discount. Credit card final balance payments are billed 3% to cover the removal of this discount. This additional 3% is waived for first deposits only.
5 – The person or persons executing this agreement as and/or on behalf of the patron expressly represents that he or she is of legal age to execute this agreement and further if said patron is an organization that he or she is authorized to execute this agreement on behalf of said organization. Where patron is an organization, a corporation, association, partnership, club or otherwise, this agreement shall be fully binding upon the person executing the agreement on behalf of said patron as well as upon said patron.
6 – The patron agrees to comply with the rules and regulations of the facility in which the affair is being presented as well as those required by the entertainers with respect to the performance of the function. The entertainers shall not be liable for inability to perform because of any assertion of rights by any party representing the establishment in which the affair is being performed. CHE is not responsible for any personal injury or property damage to the facility resulting from the misuse, unsafe use, or reckless use of CHE’s rental equipment by the patrons guests. The patron further agrees to be fully liable for any damage caused to said facility due to the actions of their guests or any non-CHE employees.
7 – This agreement is not assignable or otherwise transferable by the patron. This agreement constitutes the entire agreement between the parties herein and except as herein provided, no modification hereof shall be of any force and effect unless it is in writing and signed by the party against whom enforcement of such modification is sought. No rights whatsoever of the entertainers hereunder may be waived, released, surrendered, compromised, altered or otherwise conceded in any way whatsoever except in a writing signed by a corporate officer of the entertainers.
8 – In the event that the patron cancels, repudiates, or otherwise breaches this agreement for any cause or reason whatsoever, including but not limited to the postponement or cancellation, of the event to be celebrated at the affair, any deposits or prior partial payments made by the patron shall be retained by the entertainers in partial liquidation of entertainers damages but in no event shall such damages be considered to be less than the sum of such deposits and prior payments. Not withstanding the foregoing, the patron shall be further liable for the actual damages sustained by the entertainers including but not limited to the entertainers’ loss of profits.
9 – In the event this agreement pertains to an affair at which entertainers will be performing out of doors, this agreement shall be binding and in full force and effect irrespective of inclement weather conditions on the day of the affair. Entertainers reserve the sole and exclusive right to determine whether entertainers will perform in the event of inclement weather or to stop any performance upon the happening of inclement weather, and no liability shall accrue to entertainers. If client does not contract CHE attendants for said contract then client is solely responsible for any water damage to said CHE rentals from rain, sprinklers, spilled drinks, or any other source, and the client agrees to pay for repairs or replacement of said options at CHE’s discretion.
10 – Entertainers require paved, wheeled access from the delivery entrance of the event location to the set up room of said location. Elevators are required for all deliveries that are not on the first floor or ground level. Entertainers shall have no responsibility for failure to supply any service due to lack of wheeled access nor inability to fit their equipment in said locations elevator. Grass, dirt, gravel, sand, and stairs are not acceptable forms of wheeled access.
11 – For rentals at a private residence, CHE will not be liable for any property damage occurring to said property during loading, unloading, or delivery of contracted rental options. This includes, but is not limited to, the damage of landscaping, pavers, driveway damage, walls, and floors. It is understood by the client that said rental options are made for commercial venues, not private residences, and that loading, transporting, and unloading our equipment creates understood risks to their property.
12 – If the event is cancelled due to a hurricane or other natural disaster including Covid-19, all monies paid to CHE, are non-refundable, but may be applied to a future party date that is agreed upon in writing by both parties within 1 month. The rescheduled event and deposits are non-transferrable to a 3rd party.
13 – Entertainers shall have the right to photograph and/or tape (audio and/or video) all or part of the engagement. Such photographs and/or tapes are the sole property of entertainers and consent is given to entertainers to use such photographs and/or tapes for purposes of promoting entertainers and their services to prospective clients.
14 – If party venue, gated community, or client requires a specific set up time that requires early set up, the client will incur this cost. If the party venue, gated community, or client requires a specific strike time, the client will incur this cost. This includes, but is not limited to, next day pick up, additional hotel stay, truck rental, car rental, gas, generator rental, and labor. Client will fully reimburse staff for all parking expenses if party location does not provide free parking. This includes, but is not limited to, valet parking, parking garage fees, and parking meters.
15 – Patron is not liable for any damage to CHE’s rental equipment due to normal wear and tear, but is liable for any damage to CHE’s rental equipment due to, but not limited to, intoxicated or destructive behavior by their guests.
16 – For Equipment Rentals the Client shall assume and bear the entire risk of loss and damage to the equipment from any cause whatsoever. If any equipment is lost, damaged, or stolen during the rental period stated in the contract, the client agrees to be fully liable and pay the entire cost of replacing or repairing said equipment to CHE. A $100 cleaning fee will be charged if equipment is returned in an excessively dirty condition that requires extra cleaning or deodorizing. This includes, but is not limited to, spillage of fluids, food, gum, vomit, or any types of stains.
17 – Photo booth and green screen rentals that include a free scrapbook, free client logo, free props, or a free copy of all the photos will not be refunded any amount if any of said free options are not provided.
18 – This agreement is intended by patron and entertainers to be the final expression of their agreement and as a complete and exclusive statement of its terms. This agreement and its terms can only be modified in writing, signed by each of the parties of their duly authorized agents. This agreement shall be binding upon and inure to the benefit of the successors of each of the respective parties herein. This agreement shall be construed and performed in accordance with the laws of the State of Florida. Any controversy, claim or dispute arising out of or relating to this agreement or the breach hereof shall be resolved in the appropriate court of law in the State of Florida having competent jurisdiction thereof regardless of the place of residence or the place of doing business of the patron herein or the place of the affair described herein. No representations, understandings or agreements have been made or relied upon in the making of this agreement other then those set forth herein.
19 – Transmission of this agreement by FAX and/or INTERNET shall create a binding agreement. By typing in your name instead of signing your name on the bottom of this contract because you have chosen the option to submit your contract online, you agree to the same terms of this contract as if you were physically able to do so. Submitting this contract online does not in any way alter the terms of this agreement as set forth in this document.
20 – You are hiring Cocktail Hour Entertainment, Inc.
21 – As a service oriented business, all monies paid to Cocktail Hour Entertainment are non refundable.
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