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Terms of Service TERMS AND CONDITIONS
1. Accepting The Terms
1.1 In order to use the services, you must first agree to the terms and you understand and agree that Hot Bartenders will treat your use of the Services as acceptance of the Terms.
2. Hiring Staff Outside Of Agency
2.1 By using Hot Bartenders services you agree, not to hire any of our staff directly for up to 16 months. In the event you hire any of our staff directly you will be billed an additional 50% surcharge fee.
2.2 Hot Bartenders LA staff are under contract to not accept solicitation of services from clients outside of Hot Bartenders. This includes all services that Hot Bartenders currently offers.
3. Rates & Hours
3.1 Please refer to www.hotbartendersla.com/rates for up-to-date rates.
3.2 A minimum of four (4) hours booking for any staff category.
3.3 After the 8th hour of work for all service staff (bartenders, servers, hosts, etc), you will be charged time and a half in hourly increments.
3.4 All staff kept after the booked time will continue at the same rate in hourly increments.
3.5 Unless you have indicated in the attached event details a set time of completion. All staff will continue to work at the event until you, the client, directly communicate to them that they are released at a specific time. You will be charged for the time all staff has worked.
3.6 At all times, in the event all and any staff remain at work beyond the indicated time in this agreement you will be responsible for the fees set forth in here.
3.7 Holiday rates: Additional $10 per hour for service staff, 15% additional for Open Bar Packages and 20% for all other services will be added to all events that are on the following dates: May 5, July 3 to 5, October 29 to November 1, 26 to 28 and Dec 15 to Jan 1.3.8 Last minute events booked within 48 hours of the event start time, will incur a 20% surcharge.
4. Gratuity
4.1 Gratuity processed via credit card or given to staff at your event does not constitute payment for the services directly. Gratuity is in addition to any services provided and cannot be used to discount or replace the charge that you have agreed to in using our services.5. Parking Fees
5.1 Client is not held responsible for any parking tickets staff may incur, however, if there is no street parking available for the staff, then client will pay for staff parking fees i.e. parking lot or valet. Please notify us beforehand with any parking instructions.
6. Travel Rates
6.1 If event address is located more than 10 miles outside of Hollywood 90068 zip code, we charge .85 cents/mile per staff and delivery of any rentals for total miles driven there and back from 90068 per staff and delivery. This will be automatically included in total amount charged.
6.2 If staff is requested leave the event location to purchase inventory and they use their own vehicle, a $40 service charge will be automatically included in total amount charged.7. Minimum Booking Rates for events 70 Miles Outside Of Los Angeles District
7.1 If you are located more than 70 miles outside of Los Angeles County we have a minimum booking of eight (8) hours even if you do not use for full time. Any distance over 280 miles flight, purchase is required at the expense of the client and $300 extended travel fee is required per day in addition to the six (8) hour minimum charge per day.8. Staff Preference, Substitution & Guest Count
8.1 We will do our absolute best to provide you your selected staff. In order to accomplish this, we ask that you make your reservation no later than 7 days before the desired start time for your event so we can book your preferences. In the case that none of your top choices are available or a last minute replacement is needed, a coordinator will help you choose a replacement and notify you of the update.
8.2 When using our services we require that there is one bartender per maximum of 70 guests.
Bartenders can provide professional and quality service up to a maximum of 70 guests but optimally 50 guests (mixology – signature drinks i.e muddling we recommend 1 bartender for every 30 guests).9. Cancellations
9.1 Cancellations made outside 72 hours of the event date will result in a 25% charge of gross total. Cancellations made within 72 hours of the event date will result in 100% of gross total. This is applied to all services including rentals.
9.2 If there is a liability or insurance issue for the venue, company or individual this will also fall under our cancellation policy and will result in 100% of total gross charge.
9.3 You are responsible for any errors in booking details (staff quantity, event date error, accidental service selection such as open bar packages etc.) that require cancellations and or revisions that fall within the cancellation fees policy.10. Rescheduling
10.1 A 25% surcharge will be assessed for rescheduling the event date outside of a 72 hour window of original event date and a 50% surcharge will be assessed for switching the event date when inside a 72 hour window from original event date.11. Payment
11.1 After completing this form, the credit card provided will be charged for the amount in your invoice.
11.2 DO NOT PAY THE STAFF EXCEPT FOR GRATUITY. Any payment made directly to staff will be deemed a gratuity and not a payment for services.
11.3 Check payments must be received and cleared 7 days prior to your event date(s).12. Late Payment
12.1 A 2% late payment charge per week will be assessed if payment has not been made in full after 10 days after the event date. The minimum late payment fee is $25.00 as the purpose is to defray the costs associated with collecting late payments. 2% will be added every week until payment in full is made.13. Non-Payment
13.1 If you refuse to pay or provide false payment information, we will make every effort to collect the debt. By using the services you agree that all costs we incur associated with collecting debts, including attorneys’ fees, postage and court costs, will be paid by you.14. Changes To The Terms
14.1 Hot Bartenders may make changes to the Terms & Conditions from time to time. When these changes are made, a new copy of the Terms & Conditions upon request and any new Additional Terms will be made available to you via email.15. Underage Drinking & Client Responsibilities
15.1 The client is responsible to insure that there is no underage drinking and confirms that the event is invite only. If staff will only serve alcohol to guests that visibly look of age with the knowledge that the client has done their due diligence (i.e. wristbands) to make sure the guests are 21 years of age or older.15.2 The client is responsible for the actions of their guests and must adhere to all California laws. Hot Bartenders is not to be held liable or responsible for any violations of the law by guests or clients.
16. Accuracy of Event Details
The client is responsible for reviewing the event details below and amending any needed changes before signing and sending back to Hot Bartenders. Any errors will be the sole responsibility of the client.Payment in full for all services requested will be executed after the event date indicated in event details below whether services have been rendered or not due solely to event detail error by client.
17. Release of Liability
In consideration of participation by the undersigned with Hot Bartenders. I agree to forever protect, save and keep Hot Bartenders, their officers, agents, independent contractors, employees, volunteers, interns, assigns, holding them harmless and indemnifying them against and from all claims, demands, losses, cost, damages, suits, judgments, penalties, expenses and liabilities of any kind or nature whatsoever arising directly or indirectly out of, or in connection with the hiring, contracting, using and/or volunteering of any and all Hot Bartenders staff and services. I further release and discharge the producers and each of the participants, persons and entities to herein from any and all claims, demands, losses and/or liability of any kind or nature, resulting from any of the acts of the aforesaid in connection with Hot Bartenders18. Conduct
Conduct that belittles or demeans any individual on the basis of race, religion, national origin, sexual preference, age, disability, or other similar characteristics or circumstances, whether engaged by clients, client’s guests, independent contractors, supervisors, associates or other non-employees who conduct business with Hot Bartenders may result in legal action up to and including discharge for independent contractors. This policy covers all Hot Bartender independent contractors, clients and client guests (clients are responsible for their guest’s actions).19. Arbitration
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.20. Rentals
Change Orders: Change orders may be necessitated by a wide diversity of causes. Customers are encouraged to carefully read and understand the following change order terms and conditions so advance planning measures will ensure the Total Rental Fee is not significantly impacted. Your order will be packed and loaded for delivery by 12:00 noon the day before event delivery. Additional change orders incurred are charged as follows, assuming Owner can accommodate Customer request due to product stock, timing and labor constraints:1) In-stock Items – Changes made before 9:00am day before delivery will be gladly performed at no additional charge. Changes after such time will result in a 20% handling & restocking fee.
2) Custom Designed Items – Once confirmed, all changes to Customer custom design Items will result in a 20% handling & restocking fee plus actual cost incurred.
3) Linen Orders – All changes to linen Items must be approved 3 business days prior to event delivery. Changes after such time will result in a 20% handling & restocking fee and actual additional cost incurred.
4) Last minute delivery, set-up, and pick up requests – Customer agrees to pay Owner customary labor, product, and delivery charges.
5) Stand-by Time – If Owner arrives for a delivery or pick-up and forced to wait more than 30 minutes, a labor charge of $75.00 every 1⁄2 hour per truck will be applied.
Rental: Customer rents the Items from Owner from the Delivery Date to the Return Date described above. Customer shall inspect the Items upon receipt and shall immediately notify Owner before the Event of any missing or damaged Items. Absent such advance notice all the Items shall be deemed received by Customer in good working order, and there will be no refunds given. The Items are being rented to Customer in their AS-IS condition, and Owner makes no representations or warranties regarding the Items as to their merchantability or their fitness for any particular use or purpose, including Customer’s intended use. Customer’s responsibility for the Items begins when Owner delivers the Items to Customer and
continues until the Items are picked up by Owner. The Rental Fee shall be increased based on the daily rental rate of the Items to the extent Items are added, the Event is delayed or extended, and/or the Return Date is extended. Any Rental Fee increases shall be payable in full immediately upon request by Owner. Any unpaid amounts due shall incur a late charge of 1.5% per month from the date due until the date paid. Customer authorizes Owner to submit for payment all unpaid amounts due on any credit card or debit card used to pay any part of the Rental Fee.
Delivery and Pick Up: The Rental Fee includes delivery and pick up of the Items by Owner. The Rental Fee includes delivery by Owner to a level-ground location within reasonable carrying distance from Owner’s delivery truck, no more than 50 feet. Delivery and pickup by Owner that requires transporting Items up and down stairs or more than 50 feet will result in additional charges. All Items must be re-stacked and made ready for pickup by Customer in the same manner as delivered by Owner. Setup and tear-down of the Items by Owner for an additional charge is available upon Customer’s advance request. Owner reserves the right to refuse to deliver and/or install Items if there are unsafe conditions (including inclimate weather). Owner may use any means necessary to secure the Items to the ground for the safety of Customer and the Items, and Owner shall not be liable for any damage caused thereby including without limitation any damage to flooring, landscaping, hardscaping, underground utilities and irrigation systems. Owner is not responsible for Customer’s poor floor planning or Customer’s improperly measured areas for placement of canopies, stages, dance floors, bouncers, etc. A minimum of 2 feet on each side is also necessary for setup. Customer shall pay additional charges if Owner is required to adapt to these issues. Many Items such as air conditioning units, trees, and furniture require level surfaces without any obstructions. Customer shall cause the setup area to be clean and ready to receive the Items, and shall pay additional charges including Owner’s labor charges for any delays caused by Customer.
Final Invoicing: Within five business days of Return Date, Owner shall inspect returned merchandise for lost and damaged Items (“LDI”) and for preparation of final invoicing. Amount due on final invoice, including but not limited to, rental extension, change orders and LDI charges shall be payable in full immediately upon request by Owner.
Possession and Ownership: Customer’s right to possession of the Items begins on Customer’s receipt of the Items and ends on the Return Date. Any extension of that period must be agreed upon in writing. Customer assumes the entire risk of loss of the Items once they are delivered to
Customer, regardless of cause. Ownership of the Items at all times remains with Owner. Customer authorizes Owner to retake the rental items without further notice or further legal process and agrees that Owner will not be held liable or any claims, damage, or trespassing arising out of the removal of the Items.
Use and Return: Customer shall use all Items in a reasonable manner and shall cause all of Customer’s employees, agents and guests to do the same. If any Items are lost, stolen, altered, broken or damaged before they are returned to Owner, regardless of cause and regardless of fault, then Customer shall pay Owner all replacement and repair costs, including all related labor costs. This means for example that Customer shall pay for Items damaged due to improper stacking, loading, dragging, rolling, pushing, or other misuse. Damage to linens include without limitation tears, holes, burns, ink or other stains not caused by food or drinks. Customer shall not replace any Items or attempt to repair or disassemble any Items. Customer shall return all dirty food plates, bowls, dishes, platters, cups, glassware, flatware, and utensils scraped free of food. Customer shall return all chinaware, stoneware and flatware repacked in the containers they were in when they were delivered to Customer. Customer’s Indemnity of Owner: Subject to applicable law, Customer shall indemnify, defend, protect and hold harmless Owner and Owner’s members, shareholders, managers, directors, officers, employees, contractors, agents and insurers from and against all actual and alleged losses, liabilities, damages, injuries, deaths, claims, demands, costs, attorney’s fees and costs, and other expenses (collectively “Losses”) incurred by any of the indemnified parties as a result of the use or misuse of the Items by Customer or Customer’s employees, agents and guests, and the delivery, loading, unloading, erection, installation, dismantling of the Items; provided that this indemnity shall not apply to the extent the Losses are determined by a court of competent jurisdiction to have been caused by any of the indemnified parties.
Limitation on Owner’s Liability: If Owner breaches this Agreement or the Items have any defects or Customer suffers any Losses, and if it is determined by a court of competent jurisdiction that Owner is liable under applicable law for such breach or defect or Losses, then any monetary recovery by Customer from Owner (including without limitation Customer’s recovery from Owner of any of Customer’s attorney’s fees and costs) shall not exceed the amount paid by Customer to Owner under this Agreement, and Customer waives all claims for consequential, punitive, incidental, or other damages that might otherwise be available to Customer.
Legal Matters: This Agreement shall be governed by California law. If any legal action is taken to collect payment under or enforce or interpret this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs in addition to any other relief to which
that party may be entitled (subject to the limitation on Owner’s liability provided for above). With respect to any action relating to this Agreement, Owner and Customer irrevocably submit to the exclusive jurisdiction of the courts of the State of California and the United States District Court having jurisdiction over Los Angeles County, California. Owner and Customer each waive: (a) any objection to the laying of venue of any suit or action brought in any such court; (b) any claim that the suit or action has been brought in an inconvenient forum; and (c) the right to claim that court lacks jurisdiction over that party.
Other Provisions: No breach of this Agreement by Owner or Customer is waived by either party unless that party signs a written waiver. This
Agreement is not assignable by Customer. If any provision of this Agreement is held invalid or unenforceable in whole or in part, then the validity and enforceability of the remaining provisions, or portions of them, will not be affected. Each person signing this Agreement for Customer represents and warrants that he/she is authorized to sign and deliver this Agreement for Customer and that his/her signature binds Customer to this Agreement. This Agreement contains the entire agreement of Owner and Customer with respect to the subject matter hereof, and may be signed in counterparts.