MIXXIEMIXOLOGY (THE “VENDOR”)
JAMB ENT. (THE “CLIENT”)
THIS AGREEMENT is made on the …………..day of……….20……., (hereinafter “Effective Date”) entered into by the Vendor and the Client (Vendor and Client collectively referred to as the “Parties” or individually as the “Party”) and includes that party’s successors and assigns.
In consideration of covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, Parties agree to the following terms and conditions and to be bound thereby:
This agreement shall be valid from the Effective Date until termination.
The Vendor shall provide catering services, as the Premier beverage caterer for all of the Client’s Las Vegas events. The Vendor shall perform their services professionally, faithfully, diligently, per this Agreement, to the reasonable satisfaction of the Client and per acceptable industry standards.
- OBLIGATIONS OF THE PARTIES
The Vendor will prepare (5%) overages. All leftover items form the initial overhead costs such as spirits, cups etc. will be stored in a separate place away from the Vendor’s other inventory for the Client’s next event.
The Client shall provide a final estimate ticket sales count 7 to 10 business days before the event to ensure that the Vendor purchases the proper amount of inventory for each event thus preventing any shortages that may affect the event.
For the Services rendered, the Client shall deduct 50% of the net revenue from the event and remit the 50% balance to the Client within _________days after an event. This will be after deduction of but not limited to the following items of overhead costs e.g.
- Spirits, wine, beers
- Mixers, non-alcoholic beverages
- Cups, straws, alcoholic napkins
- Staff labour
- Printed menus
- Sales taxes
- Pos fees
- Any other items that the Parties agree on.
- CANCELLATION POLICY
Where there is a cancellation of an event by the Client in which non-perishable goods were purchased, those non-perishable goods shall be used in the next Client’s event; however, if perishable goods were purchased and they cannot be used in the next event, the Client shall be liable to pay for the said perishable goods.
- CLOSING EVENT PROCEDURE
The Vendor will have an inventory sheet prior to the event date, and a second one at the end of an event date and will provide a Profit and Loss sheet at the end of each event. The Vendor will have a maximum of 5 business days to provide all documents, receipts and funds to the Client. Once the Parties agree on a meeting date, they shall meet to go over all documents such as the Profit and Loss sheet, receipts and a debrief of the general beverage catering experience.
The Vendor shall maintain an Alcohol/ Liquor Liability Insurance as well as general liability insurance which may be provided upon request.
- LIABILITY OF THE PARTIES
A Party shall indemnify the other Party from and against all claim, loss, and damage caused by them in connection with this Contract. In the event the claim, loss, or damage are caused jointly by the Parties, the claims, loss, or damage shall be borne by each Party in proportion to their degree of contribution to the claim, loss, or damage.
Except as otherwise provided in this Agreement, the Vendor will have full control over working time, methods, and decision-making in relation to the provision of the Services per the Agreement. The Vendor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client and comply with all the Client rules.
Except as otherwise provided, the Vendor shall be responsible for all expenses related to providing the Services under this Agreement. This includes but is not limited to supplies, equipment, operating costs, business costs, employment costs, taxes, Social Security contributions/payments, disability insurance, unemployment taxes and other costs.
This included but is not limited to providing tents, bar stools, tables, bars, Point of Sale (POS) systems and all upfront overhead costs for each event.
- RELATIONSHIP OF THE PARTIES
The relationship of the parties hereto is that of an independent contractor. The Parties hereto are not deemed agents, partners, or joint venturers of the others for any purpose due to this Agreement or the transactions contemplated thereby. The Vendor and the Client understand that it is the Vendor’s sole responsibility for withholding, accruing, and paying all income taxes, withholding taxes, continued service under this Agreement taxes, social security, and other taxes and amounts required by law for the payment made to the independent contractor herein and all payments to their personnel if any.
All non-public, confidential, or proprietary information of a Party (Disclosing Party), whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Contract is confidential, solely for the use of performing this Contract and may not be disclosed or copied unless authorized in advance by the Disclosing Party in writing. Upon the Disclosing Party’s request, the other Party (Recipient Party) shall promptly return all documents and other confidential materials received from Disclosing Party. Disclosing Party shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Recipient Party at the time of disclosure, or (c) rightfully obtained by Recipient Party on a non-confidential basis from a third party. In addition, this Agreement is confidential and cannot be divulged to third parties by a Party, unless as provided by law, without the written consent of the other Party.
Neither Party shall transfer or assign this Agreement without the other Party’s consent which consent shall not be unreasonably withheld or delayed.
- FORCE MAJEURE
For this Agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies. A Party’s failure to fulfill its obligations due to Force Majeure shall not be considered a breach of this Agreement, provided that the Party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this Agreement.
- DISPUTE RESOLUTION
Parties agree to settle disputes under this Agreement through (select one)
☐Negotiation ☐Mediation ☐Arbitration ☐Litigation.
- Either Party may terminate this Agreement, at any time upon giving the other Party no less than ________notice in writing. If a Party wishes to terminate the contract with less than this stated period, the other Party reserves the right to charge costs that they have already paid in advance or incurred.
- The termination of this Agreement shall not discharge the liabilities accumulated by either Party.
- Any Clauses intended by the Parties or this Agreement to survive the termination of this Agreement shall survive the termination of this Agreement by whatever cause.
- COURT COSTS AND ATTORNEYS’ FEES
In any action under this agreement, the prevailing Party shall be entitled to recover costs of court and reasonable attorneys’ fees from the other Party, which fees shall be in addition to any other relief that may be awarded.
- FURTHER ASSURANCES
Each Party hereto agrees to perform any further acts and to execute and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement.
- PARTIES’ ACKNOWLEDGMENTS
The Parties acknowledge that they have been provided with the opportunity to negotiate this agreement and to seek legal counsel before signing this agreement. In addition, they acknowledge that they have the capacity to contract and enter into this agreement and that further, they have entered into this agreement freely and voluntarily.
- GENERAL PROVISIONS
This Agreement may be amended only by the written consent of the Parties hereto. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Agreement constitutes the entire agreement between the Parties. It supersedes all prior oral or written agreements or understandings between the Parties concerning the subject matter of this Agreement. The parties will exercise utmost good faith in this Agreement.
Except where otherwise provided, failure by either Party to enforce any of these terms or conditions shall not be a waiver of their right to enforce them. The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which constitute the same instrument. The Article and Section headings in this Agreement are for convenience, and they form in no part of this Agreement and shall not affect its interpretation. Whenever used herein, the singular number shall include the plural, and the plural number shall include the singular. Any references herein to the masculine gender or the masculine form of any noun, adjective, or possessive shall be construed to include the feminine or neuter gender and form, and vice versa.
This Agreement shall be governed in all respects by the laws of _______________and its Courts without regard to its conflict of law provisions. Any notice required to be given between the Parties pursuant to the provisions of this Agreement shall be in writing and shall be deemed to have been given at the time when actually received as a consequence of any effective method of delivery at the following addresses (including email) or such changed address as the Party shall have specified by written notice, provided that any notice of change of address shall be effective only upon actual receipt.
THE VENDOR: ____________________________________________________________________
THE CLIENT: _____________________________________________________________________
IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and year set forth below.
|Signed by the VENDOR/ duly authorized representative of the VENDOR Signature: ………………………………………………. Name: …………………………………………………… Designation: …………………………………………… Date:………………………………………||Signed by the CLIENT/ duly authorized representative of the CLIENT Signature: ……………………………………………… Name: …………………………………………………… Designation: …………………………………………… Date:…………………………………………….……|
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