| PAYMENT TERMS:
Divalicious requires
a $200 retainer to reserve a Divalicious Chocolate
Fountain. To confirm this agreement, return
one signed and completed copy of this contract
along with a $200 retainer within five (5)
days. You may also fax the contract if paying
by credit card to 718.855.2411. The balance
is due no later than 14 days prior to the
date of your event, and can be paid by cash,
check or money order. All checks must
be made payable to Divalicious, Inc. There
will be a $35 fee charged for all returned
checks. |
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| OVERTIME COSTS:
When feasible, Client
requests on the day of the event for extended
use of the Divalicious Chocolate Fountain
will be accommodated. Overtime requests may
be made in half-hour increments at a cost
of $35.00 per half-hour. Payment for overtime
is due at the time of the request. |
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| CANCELLATION:
This agreement can not be cancelled, except
in writing, by either the Client or Divalicious.
If the Client initiates cancellation, the
deposit will be forfeited. Client will hold
harmless Divalicious in the event of illness,
injury, act of God, or any other situation
beyond control of Divalicious that prevents
Divalicious from performing in accordance
with this contract. |
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| PROVISIONS:
Divalicious requires
access to the desired set-up area at least
90 minutes prior to the scheduled start time.
In addition, 90 minutes are required after
the conclusion of the service period for take
down and removal (this time does not count
toward the three hours of fountain service
time). The Client is responsible for providing
a sturdy, level table capable of supporting
at least 150 lbs. Client is also responsible
for providing two table linens that coordinate
with the décor of the event. Divalicious requires
at least one 120-volt circuit within 10 feet
of the desired set-up area that adheres to
contemporary safety standards, and supplies
at least 15 amps. Once the Divalicious Chocolate
Fountain has been set up at the desired location,
it cannot be moved during the event. Client
accepts full responsibility and is liable
for any damages, injuries or delays that occur
as a result of failure to comply with these
provisions. Divalicious reserves the right
to use any photographs or images from the
event in its advertising and collateral material. |
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| LIABILITY:
This Agreement and
the contents hereof represent the only warranties,
express or implied, between the parties, including
any implied warranty or merchantability or
fitness for the particular purpose, and for
any other obligation or liability on the part
of Divalicious. Divalicious shall not be liable
for any injury, loss or damage directly or
consequently arising out of the use or inability
to use the Divalicious Chocolate Fountain,
whether used singly or in conjunction with
any other equipment. Client will indemnify
Divalicious against, and hold Divalicious
harmless, from all claims, actions, proceedings,
costs, damages and liabilities, including
attorney fees, arising out of, connected with,
or resulting from the use of the Divalicious
Chocolate Fountain. |
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