Terms & Condition

BACKGROUND:

1. The Client is of the opinion that the Contractor has the necessary qualifications, experience, and abilities to provide services to the Client.

2. The Contractor is agreeing to provide such services to the Client on terms and conditions set out in this Agreement.

CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

Term of Agreement

1. The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in the Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.

2. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.

Currency

1. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars.

Performance

1. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Compensation

1. A deposit of 50% of the grand total will be payable to the Contractor before any work begins.

2. The above Compensation includes all applicable sales tax and duties as required by law.

3. Any booking outside of a 15-day period is not subjected to a Deposit option and must pay the grand total in a lump sum.

4. A rescheduling fee of $250 will become active if the client cancels or re-schedules their event within 30 days of the event.

Reimbursement of Expenses

1. In connection with providing the Services hereunder, the Contractor will only be reimbursed for expenses that have been approved in advance.

2. The Contractor will provide receipts to the Client for all such expenses.

Additional Resources

1. The Client agrees to provide, for the use of the Contractor, a completed CREM Bartending LLC event form.

2. I grant CREM Bartending LLC, its representatives, and employees the right to take photographs of me and my property in connection with the above-identified subject. I authorize CREM Bartending LLC to copyright, use, and publish the same in print and/or electronically. 

3. I agree that CREM Bartending LLC may use photographs of me with or without my name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content. 

4. Confidential information (the “Confidential information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

5. The Contractor agrees that it will not disclose, divulge, reveal, report or use, for any purpose, any Confidential information which the Contractor has obtained, except as authorized by the Client. This obligation will survive the expiration or termination of this Agreement and will continue indefinitely.

6. All written and oral information and materials disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.

Ownership of Materials and Intellectual Property

1. All intellectual property and related materials (the “Intellectual Property”) including any related work in progress that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property.

2. Title, copyright, intellectual property rights, and distribution rights of the Intellectual Property remain exclusively with the Contractor.

Return of Property

1. Upon the expiration or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential information which is the property of the Client.

Capacity/Independent Contractor

1. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

Notice

1. All notices, requests, demands, or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement. Or to such other addresses as any Party may from time to time notify the other.

Indemnification

1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Legal Expenses

1. In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other 

damages or award, all reasonable legal costs, and fees associated with the action.

Modification of Agreement

1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing and signed by each Party or an authorized representative of each Party.

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Time of the Essence

1. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Assignment

1. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligation under this Agreement without the prior written consent of the Client.

Enurement

1. This Agreement will ensure the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.

Governing Law

1. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of Florida, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Severability

1. In the event that any of the provisions or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part, and not the entire Agreement, will be inoperative.

Waiver

1. The waiver by either Party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.