THE CHOCOLATE BUZZ
CHOCOLATE FOUNTAIN RENTAL AGREEMENT
We look forward to creating part of the fun and
excitement at your upcoming special event with the Chocolate Fountain! The
following terms and conditions pertain to your rental of the Chocolate
Fountain:
OUR COMMITMENT: Every Chocolate Fountain rental includes the
following services:
1.
Set-up of the Chocolate Fountain in the desired
location at your event.
2.
The
use of the Chocolate Fountain at your special event for three (3) hours.
Additional time will be billed
at the rate of Thirty Dollars ($30) per half hour.
3. An experienced service attendant will
set up the Chocolate Fountain and remain present to oversee its use during the
event. The attendant will be essential to helping your guests enjoy the use of
the Chocolate Fountain and provide a sanitary and clean environment.
4. Your Chocolate Fountain rental includes
twenty (20) pounds of Premium Chocolate by Callebaut. This should service approximately 150-200
guests. If additional chocolate is required, it will be billed at a rate of
Fifty Dollars ($50) per each additional ten (10) pounds used. We will dispose
of any unused chocolate unless you arrange otherwise.
5. We will be responsible for disassembly
of the Chocolate Fountain and its clean-up. Please make arrangements to clean
up any remaining food items which may be left over from the event, if provided
by an outside caterer.
RETAINER FEE: Your Chocolate Fountain Rental Fee is set
forth below. In order to secure the availability of the Chocolate Fountain for
your event, we require a Retainer Fee of One Hundred Fifty
Dollars ($150) and the execution of this Chocolate Fountain Rental
Agreement. The Retainer Fee will be applied against your Chocolate Fountain
Rental Fee.
CANCELLATION: You may cancel the Chocolate Fountain rental for any
reason at any time up to four (4) calendar weeks before the scheduled rental
date and receive a full refund of your Retainer Fee. Otherwise, if for any
reason, you should find it necessary to cancel the Chocolate Fountain rental,
you will forfeit the entire Retainer Fee.
PAYMENT TERMS: You agree to pay in full the balance
of the Chocolate Fountain Rental Fee and any other additional costs agreed upon
between us at least one week prior to the date of your scheduled event. You
will be charged for any state, county or city license fees or sales or other
taxes that may be imposed as a result of the rental and/or use of the Chocolate
Fountain or our services at the event. The Total Rental Fee as agreed upon is
set forth on Exhibit "A" which is attached hereto and by reference
incorporated as part of this Chocolate Fountain Rental Agreement. If we do not
receive payment as described above, then this contract shall be null and void
and we shall be entitled to retain the Retainer Fee as liquidated damages,
except as specified above.
PROVISION FOR PHYSICAL FACILITIES: In order to ensure a successful event, it is
necessary that the Chocolate Fountain be set up properly. We therefore require
access to the desired setup area at least 90 minutes prior to the beginning of
the event. We also require 60 minutes after the conclusion of the agreed upon
rental time period, in order to disassemble and clean up the Chocolate
Fountain. This time required for set up and take down of the Chocolate Fountain
does NOT count toward the scheduled rental time of the Chocolate Fountain.
You agree to provide at the desired setup area the
following:
1. Sturdy and level table capable of
supporting one hundred fifty (150) pounds. Once the Chocolate Fountain has been
set up at the specified location, it cannot be moved during the event.
2. Table linens (minimum two) that will
complement the color scheme of your special event.
3. Sufficient power for the operation of
the Chocolate Fountain, which requires at least one 120-volt circuit that
supplies at least 15 amps, according to normal safety standards, within 20 feet
of the setup area.
4. Ready access to kitchen and sink
facilities.
You also grant us the right to take photos showing the
use of the Chocolate Fountain and use those photos for the limited purpose of
advertising and promoting the Fountain business to our prospective customers.
OUR SERVICE ATTENDANT: Our service attendant is our
sole responsibility and our service attendant will have sole responsibility for
setting up, operating and removing the Chocolate Fountain.
MUTUAL INDEMNIFICATION: Each party hereby agrees to indemnify and
hold harmless the other against any losses, including costs and attorneys'
fees, as a result of any claim, action, or proceeding arising out of, connected
with, or resulting from the use of the Chocolate Fountain at the event. The
maximum amount of any costs or damages you may recover from us as a result of
our conduct pursuant to the foregoing is limited to any payments you have made
to us under this Agreement.
ADDITIONAL TERMS: We bear no responsibility in the event of a
failure of our equipment, products or services by reason of an event outside of
our control, such as a power outage, act of God or other force majeure. In the event we otherwise fail to provide the
products or services as contracted for, your sole remedy will be the refund of
all monies you paid to us.
You accept full responsibility and liability for any
and all damages, injuries or delays that occur as a result of failure to comply
with these provisions. You shall provide adequate liability and casualty
insurance (or otherwise confirm that such insurance is being provided by the
owner of the event facility) under terms which will cover and insure us and our
agents.
We make no warranties, express or implied, regarding
our equipment and products except those required by applicable law.
Any disputes and controversies arising out of or
connected with this Rental Agreement are to be governed by
NOTICES: Any
notice required or permitted under this Agreement shall be given personally by
fax or e-mail, or by overnight or express delivery, or by U.S. Mail, postage
prepaid. Any such notice shall be deemed to be given on the date it is given if
by facsimile or e-mail, or on the date the notice is actually delivered if
given by overnight or express delivery, or on the third day after which the
notice is deposited in the U.S. mail if given by U.S. mail.
This Chocolate Fountain Rental Agreement is entered
into as of the day and year set forth below.
Customer:____________________________________________Date ___________
Signature
Customer____________________________________________Date____________
Company Representative:________________________________Date_____________
Jacqueline
D. Wilson