MASTER SERVICE AGREEMENT
Effective date: November 16th, 2019
This Master Service Agreement, hereafter referred to as “agreement” or “the agreement,” is considered between Party Waiters LLC, hereafter referred to as “agency,” “we,” “our,” or “us,” and the billed party as it appears on the invoice, hereafter referred to as “client,” “you, or “your.” Any employees of the agency hired by the client will hereafter be referred to as “staff,” and the collective tasks and services they provide to the client will be referred to as “the service” or, simply, “service.” Together, the client and the agency stipulate and agree as follows:
1. AGREEMENT SCOPE
All orders agreed upon by both agency and client, and that are described by the contents of order forms, invoices, and communications, are covered by the scope of this agreement. Hereafter, all such communication and contents of applicable forms and invoices shall be referred to as “the order” or “order.” As delineated by the client, special services are covered by separate invoices and are considered an addendum to this agreement. Any addenda to this agreement and the agreement, in its totality, itself will be considered the complete terms and conditions of the service.
2. PRIVATE HIRING OF AGENCY STAFF
When the client contracts the agency for services, the client agrees not to hire any agency staff privately for a term of 14 months following the completion of any contract between the client and the agency. There will be a 50-percent surcharge applied to the client’s account should the client hire any agency staff during the 14 months. Additionally, agency staff are obligated by contract not to accept solicitations from agency clients. This prohibition applies to any services offered by the agency.
3. BILLING BY THE HOUR
Clients must contract for five hours of service, or more, to book an event. Staff will leave client’s event at the time specified on the order form or in any amended order forms contracted upon after the initial order form. Should the client need staff for a longer period of time, which is limited to a maximum of one additional hour, the client must pay the overtime rate.
4. ARRIVAL OF STAFF
The specified time of arrival shall hereafter be referred to as “call” or “call time.” All agency staff will make every effort to arrive earlier than call time, such time to be indicated on the order form. Should the staff be late through their own actions, negligence, or both, the client shall only be responsible for the actual hours that staff work. Acts of God, such as fires, flash floods, and other natural disasters, or force majeure situations like riots, military action, crime investigations, and similar, are not considered staff’s fault and are excluded from this agreement.
The client is responsible for providing meals to all staff working at least five hours during an event that lasts seven hours or longer and during which said staff members are contracted to work for seven hours or longer. It is permissible to issue meals in shifts so that there is staff coverage for the entire duration of the event.
6. EVENT MANAGERS AND CAPTAINS
Client must hire an event manager from the agency or elsewhere for all events with 200 or more guests in attendance. Additionally, if the event is to be a wedding, the client must also engage a wedding coordinator for the day of the wedding. Client must also pay for requisite staff captains if the event is large enough to warrant their inclusion.
Understaffing results in a reduced quality of services provided. The agency may require a certain number of staff members for an event; however, it is client’s responsibility to estimate the size of any event for which client hires the agency correctly and hire the proper amount of staff.
The client is responsible for reviewing all order details before confirming the order. Should there be any changes required, the client is responsible for amending the order before confirming it. After order confirmation, any errors discovered become the sole responsibility of the client. After confirmation, and prior to the event date on the order form, the client must render payment in full for all requested services regardless of whether or not those services were performed in whole or in part. This policy applies irrespective of any error on the part of the client.
9. UNDERAGE DRINKING
It is entirely incumbent upon the client to control access to alcohol at any event where the client engages the agency. Agency staff will serve alcohol to anyone who appears to be of age because the client has controlled access to the client’s event. The agency stipulates that any event must be by invitation only. Confirmation of this agreement hereby indemnifies and holds harmless the agency regarding the serving of alcohol to underaged persons at the client’s event because it is entirely the responsibility of the client to ensure all guests are at least 21 years of age. Agency staff reserve the right to refuse to serve anyone for any reason. The client is responsible for all guests’ actions and must comply with all applicable federal, state, and local laws. Confirmation of this agreement also indemnifies and holds harmless the agency regarding the actions of the client or the client’s guests according to applicable federal, state, and local laws.
Client must make all payments in full prior to the event. All payments must be made by credit card, and the agency accepts all major credit cards. The client agrees not to pay agency staff directly, excepting the gratuity. Any payments made to agency staff shall be considered a gratuity, and the client will still be required to pay all agreed-upon charges prior to the event.
Should the client refuse to pay, or the client provides false or fraudulent payment information, the agency will use any and all legal means to collect the debt. Whenever client contracts for agency services, uses them, or both, client agrees that all costs, including attorney fees, court costs, and all other associated costs, fees, and surcharges, that are incurred in an attempt to collect any outstanding debt owed by the client shall be considered part of the monies owed by the client to the agency through the contracted agreement. Final payment is due upon receipt of a final notice from the agency. Should the client not pay within 15 business days of receipt of final notice, the client agrees to pay a finance charge of 5 percent, compounded, monthly.
Gratuities are always extra and never count as any part of the total payment for services rendered from the agency. There are no exceptions.
13. FIRST QUOTE
After the client has provided with all applicable details about the applicable event, along with all other client needs for that event, the agency will calculate an estimate, hereafter known as the “first quote” or “quote.” Such a first quote is not binding, and the final quote might be quite different. Such differences depend on any amendments to the client’s list of needs for the event. The agency will make every effort to provide the client with the most accurate quote possible. In any case where the final quote will be higher than the first quote, the agency will always check with the client to acquire permission to proceed prior to proceeding. Even if the client doesn’t change the requirements for the event, it is possible for certain prices to change, such as when particular items required for the event are out-of-season or scarce, necessitating paying higher costs to receive them from elsewhere. In such cases, the agency will provide detailed and itemized records of each item that is more expensive on the final quote than it was on the first quote.
In any case where the client cancels an event after order confirmation and further ahead than 48 hours, not including situations involving acts of God or force majeure, not only will the client be liable for an administrative fee of $30 per staff member but also for 50 percent of the order total. Should the client similarly cancel within 48 hours of the event, the client will be responsible for the entire total of the order.
Insurance costs, liability or otherwise, associated with the event are also fully the responsibility of the client in the event of a cancellation. As stated, all errors discovered after order confirmation are also fully the responsibility of the client. Additionally, once the event has started, the staff is contracted for the full number of hours listed on the order form. Should the event end early for any reason, not including acts of God or force majeure, the client is still responsible for paying for all contracted hours. This policy also applies to any special orders or items, including, but not limited to, fresh flowers, bar supplies, customized uniforms, food, and beverages. The client is responsible for all costs associated with these items in the event of a cancellation after order confirmation.
15. LOCATION RELEASE
This agreement hereby grants the agency permission to record, either with still photos or video, scenes, guests, and staff members for any lawful use on social media and in advertising or promotional materials for the agency. The only exception to this comes when the agency and the client agree, in writing, prior to the event on any types of photos or videos that are mutually agreed to be inappropriate or “off limits.”
The permission granted in this agreement guarantees the right, but not the obligation, of the agency to take said photos and videos. Pursuant to this agreement, the agency, its assigned staff members and other personnel, photographers, principals, clients, independent contractors, and other representatives are granted an absolute right to use or display any photos or videos taken during the event. This is applicable to social media posts, advertising, both televised and print, online marketing, or any other lawful purpose. Consenting to this agreement by signing it obviates the agency from seeking client approval or consent before proceeding with such exhibits.
16. INDEMNITY AND HOLD HARMLESS
By consenting to this agreement, the client agrees to hold harmless and to protect the agency, its shareholders, officers, employees, independent contractors, agents, and successors, hereafter collectively known as “agency indemnified parties,” from, and assume all liability for, and agree to defend against, any demands, losses, penalties, and other claims or lawsuits that may be filed against the agency for any reason. This includes client responsibility for all expenses and costs, including attorney fees and expenses, in all types of actions against the agency resulting from personal injuries, property damage, or both, however they are caused, except in situations of acts of God, force majeure, or from willful misconduct, gross negligence, or both, of the agency indemnified parties.
18. CHANGES TO THE TERMS
As required by the ever-changing nature of the business, the agency reserves the right to change the terms of this agreement, as necessary, from time to time. Whenever there are changes to be made, the agency will update and post new versions of the terms and conditions of this agreement on its website. The agency will inform all clients, in a timely manner, of any of these said changes. In such cases, to proceed with an order and a booking, the client will need to accept the new version of the terms and conditions prior to the order proceeding.
19. GOVERNING LAW
20. ELECTRONIC SIGNATURE
Either the client or the client’s authorized representative is allowed to accept these terms by placing a checkmark to that effect on the credit card authorization form on the website where the text of the website reads, “I agree to the terms of the service agreement,” at the time the client submits payment information. This electronic signature constitutes proof of the client’s acceptance of this agreement. Additionally, by electronically signing the credit card authorization in this manner, the client authorizes the agency to use whichever credit card is entered as the payment method for all invoices finalized and confirmed under the terms of this agreement.
21. NOTICE OF SEVERABILITY
Each subsection of this agreement is fully and separately enforceable. The agreement is severable, meaning that any provisions that are not enforced by the agency, for whatever reason, have no effect on the other provisions contained in the agreement. Further, if acts of God or force majeure render any provision of this agreement unenforceable, any provisions not so affected remain in full effect.