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Service Agreement

Effective date: September 5th, 2018

MASTER SERVICE AGREEMENT

This Master Service Agreement (“Agreement"), dated as on the Invoice, is by and between Concept Waiters LLC (“Agency" or “We" or “Our" or “Us") and the Bill To as on the Invoice (“Client" or “You" or “Your"). In consideration of hiring of the event staffing service described herein (the “Service" or “Staff"), Agency and Client agree as follows:

1. SCOPE OF THIS AGREEMENT

All orders between Agency and its Client that are described in the order forms, invoices and email communications (collectively “Order") are covered by this agreement. Specific Service on certain occasions will have invoices completed for them. Client agrees that each separate invoice that is completed will be considered to be an addendum to the Agreement. This Agreement incorporates all of the terms and conditions of the Service. The Agreement together with the Service will constitute the complete conditions and terms of the Services.

2. HIRING STAFF OUTSIDE OF AGENCY

When you, the Client, use Agency services, you also agree that you will not directly hire any of Agency Staff for up to 14 months following Agency provision of services to you. Directly hiring Agency Staff will result in you incurring an additional 50% surcharge fee. Agency Staff members are contractually obligated to not accept services solicitations from Agency clients for any of the services that Agency currently offer.

3. FAVORITE MODELS BOOKING AND SUBSTITUTIONS

Our standard service charge covers randomly booked Staff, however, for an additional fee, the Client may request to book their Favorite Models. Agency ask that you secure your order for Favorite Models at least 10 days before your event date. If your top Staff choices are not available, Agency staffing coordinator will assist you in choosing a replacement.

4. HOURLY BILLING

To book an event, Client is required to pay for a minimum of 5 hours of service or more. Agency Staff will leave Client's venue at the time specified by the client on the order form. If Client needs to keep Staff for additional time (up to 1 hour maximum), Client will be billed 1.5 times the rate for overtime.

5. STAFF ARRIVAL TIME

Agency Staff will make every effort to arrive early prior to scheduled arrival time (“call time") as indicated on your order form. If the Staff is late because of his or her fault, the Client will only be billed for the actual hours that the Staff was working.

6. MEALS

You agree that you will provide meals to all of Agency Staff after they have worked for five hours at an event at which they are scheduled to work for seven hours or more. It is okay to split the meal time into several shifts so that some Staff members continue to work while the others take their 25-minute meal breaks.

7. COORDINATOR RESPONSIBILITY

Client must have an event coordinator or Staff captain on duty at the event to manage Agency Staff since Agency Staff will need consistent directions to provide excellent services. Client may choose to hire an Agency captain. Event coordinators are mandatory for all of Agency scheduled events.

8. UNDERSTAFFED EVENTS

If your event is understaffed, there may be a reduced quality of service. Agency may assign a minimum number of required Staff for certain events. It is your responsibility as the Client to correctly estimate the Staff that will be required for the number of your guests or of the required duties.

9. ACCURACY OF EVENT DETAILS

The Client is responsible for reviewing the details of the event as they are listed on the order form. If any changes are needed, the Client must amend them before confirming the order. All errors will be the Client's sole responsibility. Prior to the event date that is indicated on the order form, payment in full for all requested services will be executed regardless of whether the services have been performed because of an error in the event's detail by the Client.

10. RESPONSIBILITY FOR UNDERAGE DRINKING

As the Client, you are responsible to make certain that no underage drinking happens at your event. You confirm that your event is by invitation only. Agency Staff serves alcohol to guests who look to be of age because they know that the Client has taken the necessary steps to ensure that their guests are at least 21 years old. Agency Staff have the right to refuse to serve people who do not have valid forms of identification and who look younger than age 21. The Client is responsible for the guests' actions and must comply with all of the laws of the state of New York. Any violations of the law by the Client or the guests will not be the responsibility of the Agency Staff or the Agency.

11. PAYMENT

You must make all payments in full prior to the event. Payment may be made by all major credit cards. The Client will not directly pay Agency Staff, except for the gratuity. Payments that are made directly to the Staff will be considered to be a gratuity rather than payment for Agency services.

12. NON-PAYMENT

If the Client refuses to pay or gives payment information that is false, Agency will take every legal means to collect the debt. When you use Agency service, you agree that all of the costs, including attorneys' fees and court costs, that are incurred in an attempt to collect debts that are owed by you will be your responsibility as the Client. Payment is due upon receipt of Agency final invoice. If payment is not received within fifteen (15) days of receipt by Client, Client agrees to pay a finance charge on the principal amount of the past due account of five percent (5%) per month.

13. GRATUITIES

Gratuities that are paid by credit card or that are given to Agency Staff do not count as paying for the services directly. Gratuities are considered to be in addition to the provided services and will not be used to replace or discount the charges that you have agreed to pay for using Agency services.

14. INITIAL QUOTE

After you have provided us with details about your event and your needs, we will calculate and provide you with an estimate (the “Quote"). The initial quote that you receive will not be final since you may have additional comments, and some services and goods may vary in price due to seasonal differences. We will attempt to give you an estimate that is as correct as possible, but your final cost will depend on variances in costs. If it appears that your projected cost will rise, we will update you and ask for your permission before proceeding.

15. SEXUAL HARASSMENT

At all Client events, sexual harassment is strictly prohibited. This includes all unwelcome sexual advances, verbal and physical conduct that are sexually harassing and requests for sexual favors when the harassment unreasonably interferes with the person's ability to perform his or her job. It is also prohibited when the sexual harassment creates a hostile, intimidating, or offensive work environment. A Staff member who is sexually harassed while working at an event by co-workers, visitors, or guests will explicitly inform the harasser that the behavior is unwelcome or offensive and ask the harasser to stop. If the behavior does not cease, the Staff member must inform the event coordinator and report to the Agency.

16. DISCRIMINATORY CONDUCT PROHIBITED

Discrimination that is based on an individual's age, race, religion, color, sexual preference, national origin, or other protected status is strictly prohibited at Client events. This prohibition governs conduct by the Client, guests, supervisors, independent contractors, associates, or others who engage in business with Agency. Conduct that violates this provision may lead to legal action and the discharge of Agency Staff.

17. CANCELLATIONS

  1. When an order is confirmed, a cancellation fee of 50% of the total will be effective. Cancellations that are made within 72 hours of the date of the event will result in a cancellation fee of 100%.
  2. If there is an insurance or liability insurance with the company, venue, or individual, it will also fall under the cancellation policy and result in a cancellation fee of 100% of the total.
  3. You are responsible for any and all errors that may be found in the order form, including errors concerning the date of the event and the Staff call time, that lead to changes or cancellations under the cancellation fee policy.
  4. Once the order is secured and the event has started, all of the Agency Staff are under contract for the hours that are booked. If an event ends early, refunds will not be issued.
  5. If you have made additional orders beyond our standard services such as bar supplies, fresh flowers, custom uniforms, beverages, and food, you will have to pay a 100% cancellation fee for those additional orders if you cancel.

18. LOCATION RELEASE

Permission is granted to the Agency to use the venue's address to record scenes and to take photographs to use in content and on social media. This permission includes the right to take pictures of the venue, the guests, the workers, the services, the activities, and the entire event unless specific types of pictures are specifically deemed unacceptable in writing prior to the event. This permission that is granted here in this agreement includes the right but not the obligation to take pictures of the name that is connected to the premises and to use it for marketing purposes and in social media.

Pursuant to this contract, the Agency, its assigns, photographers, independent contractors, principals, clients, and representatives are granted the absolute right and permission to exhibit, use, display, reproduce, print, televise, distribute, and broadcast for any lawful purpose and through any means any and all scenes that contain the premises. No further inspection, approval or consent by the undersigned will be necessary before the Agency uses the finished product for its marketing purpose.

19. INDEMNITY AND HOLD HARMLESS

YOU, THE CLIENT, AGREE TO HOLD HARMLESS AND TO PROTECT AGENCY, ITS AGENTS, SHAREHOLDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, ASSIGNS, INDEPENDENT CONTRACTORS, AND SUCCESSORS ("AGENCY INDEMNIFIED PARTIES") AND ASSUME ALL LIABILITY FOR AND AGREE TO DEFEND AGAINST ANY CLAIMS, DEMANDS, DAMAGES, LOSSES, PENALTIES, AND LAWSUITS THAT MAY BE FILED OR MADE. THIS INCLUDES YOUR RESPONSIBILITY FOR THE COSTS AND EXPENSES, INCLUDING ATTORNEY'S FEES AND COSTS, IN ALL TYPES OF ACTIONS, INCLUDING BUT NOT LIMITED TO THE INJURIES OF PERSONS AND DAMAGE TO PROPERTY ARISING OUT OF PROVIDED SERVICE HOWEVER THEY ARE CAUSED EXCEPT CLAIMS THAT ARISE SOLELY FROM THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF THE AGENCY INDEMNIFIED PARTIES.

20. FORCE MAJEURE

You agree that we will not be in breach of the Agreement or hold any liability for performance failures or delays that are caused by circumstances that are beyond our control including but not limited to "Acts of God". When circumstances that are beyond our control happen, we will notify you in writing if they will cause a performance failure or a delay.

21. PRIVACY POLICY

We protect the privacy of our Clients. The information that we collect from you is used solely to help us to provide the best possible service and to process your order. When you use our services, you agree that we can collect and use your information according to our privacy policy terms located on our website at https://conceptwaiters.com/privacy-policy. We will post any changes to our privacy policy on our website, so you should check it regularly.

22. CHANGES TO THE TERMS

The Agency reserves the right to change the terms of this Agreement from time to time. When changes are made, Agency will post Agency current Agreement Terms and Conditions on Agency website.

23. GOVERNING LAW

This Agreement is deemed entered in New York and will be governed by the laws of New York. Client and Agency agree to submit to personal jurisdiction in New York.

24. ELECTRONIC SIGNATURE

You, the Client, or Client's authorized representative may electronically accept the terms of this Agreement by placing a checkmark in the Credit Card Authorization Form that is located on Agency website at https://conceptwaiters.com/secure where it says “I agree to the terms of Service Agreement" at the time when you submit your payment information. Agency may send you an email confirmation of your acceptance along with a copy of this Agreement. Agency may prove that you accepted this Agreement electronically by the use of electronic evidence, including the checkmark that you placed on the Credit Card Authorization Form or your confirmation email. You, the Client, hereby authorize Agency to use Credit Card provided in Credit Card Authorization Form for all invoices.

25. NOTICE OF NON-WAIVER AND SEVERABILITY

If Agency fails to insist on your strict performance of any of the provisions that are contained in this Agreement, Agency's right to demand strict compliance will not be waived. The provisions that are contained in this Agreement are severable, meaning that the invalidity or unenforceability of any single provision will not affect the others.

26. CATERING SERVICES (WHERE APPLICABLE)

Both our Agency and the Client will have responsibilities for catering services that are ordered. The Agency shall have the responsibility of providing your catering services at your location on the date of your event. We will also be responsible for ordering and purchasing the agreed-upon equipment and supplies for the event. The supplies will be ordered on our own behalf and not the Client's, and it will remain to be our property. The Agency will also be responsible for pricing, choosing and preparing the beverages and food after consulting with the Client.

The Client has several responsibilities when we are hired to provide catering services. By placing an order, you agree to grant us the right to provide our catering and other services at your location on the date of your event, and you agree to the following obligations:

  1. Paying any suppliers with which you contract for the provision of the facilities;
  2. Providing all utilities, including fuel, gas, electricity, lighting, heat, and water at the facility so that we can provide the catering services;
  3. Providing the equipment that we might require to complete our catering services and ensuring that it is properly maintained;
  4. Cleaning unless you have given us a written request that we clean for you as an additional service;
  5. Having current insurance for the location of the event and any equipment losses or damage;
  6. Not hiring any other firm or person for catering other than our Agency so that we can ensure that we are able to comply with all regulations for hygiene, health, and food safety unless we have agreed to the retention of the other person or firm in writing before your event date;
  7. Obtaining your own liquor license if you intend to serve drinks at paid bar where you be charging your guests for drinks;
  8. To be responsible for all costs associated with the services and to follow the relevant statutes and regulations.