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For purposes of this Agreement, the following terms shall have the meanings set forth below:
"Agreement" means this Service Agreement, including all attachments, schedules, and amendments.
"Bar Service" means the mobile bartending company providing services under this Agreement.
"Client" means the individual or entity contracting for services.
"Event" means the specific occasion for which services are being provided.
"Service Area" means the designated bar location and immediate surrounding area as defined in the service proposal.
"Venue" means the physical location where the Event will take place.
"Force Majeure Event" means any cause beyond the reasonable control of a party, including acts of God, war, terrorism, government restrictions, pandemic, natural disasters, or other unforeseeable circumstances.
All services offered by Bar Service are subject to availability and dynamic pricing. The completion of the reservation request process does not guarantee the availability of services nor lock in the initial quoted price. Prices are based on demand and may vary according to the number of reservations on a given date. Bar Service reserves the right to adjust pricing and to decline any reservation request at its discretion.
In the event of any adjustments to pricing following your reservation request, you will be promptly notified and provided with an updated quote. Your acceptance of the revised pricing will be required to finalize the reservation. Should you choose not to proceed with the reservation due to price adjustments or if your reservation is declined by Bar Service, all payments made by you in relation to the reservation will be fully refunded.
This approach ensures transparency and fairness, allowing us to provide the highest quality of service tailored to each event's specific requirements and demand levels.
To secure Bar Service for the service date, a non-refundable deposit of 25% of the total service fee is required, along with credit card information. The final balance is due no later than 14 days prior to the event date.
Deposits and payments can be made via Venmo, check, credit/debit card, or ACH transfer. A transaction fee may be applied to invoices paid via card or Venmo.
A late fee of 1.5% per month (18% per annum) will be applied, prorated daily, to all amounts remaining unpaid 7 days after the due date. This fee will accrue until the balance is paid in full. Additionally, any checks returned due to insufficient funds will incur a $50 processing fee. All deposits and payments made are non-refundable as they represent a commitment of resources for your event.
The Client understands that the deposit of 25% of the total service fee is non-refundable and non-transferable. The deposit will be used to secure services, inventory, and time for the date of the Client's event. The Client acknowledges that the deposit covers time allotted, loss of inventory, and opportunity costs for Bar Service. Deposits are specific to the event and date for which they were made and cannot be transferred to other events or dates.
Bar Service maintains general liability, workers' compensation, and commercial auto insurance as part of standard operations. Liquor liability insurance is available as an optional add-on service for an additional fee based on event type, size, duration, and risk assessment.
Automatic Liquor Liability Requirements
Liquor liability coverage will be automatically included and required for events meeting any of the following criteria:
- Events where venue specifically requires such coverage
- Events identified as high-risk based on Bar Service's assessment
Optional Liquor Liability:
For events not meeting automatic requirements, clients may purchase liquor liability coverage. Pricing will be provided during the booking process based on event specifics.
Certificate of Insurance Delivery
Bar Service will provide a Certificate of Insurance to the venue prior to the event, naming the venue as additional insured on Bar Service's general liability policy, in accordance with venue requirements. Client is responsible for communicating any specific insurance requirements from the venue to Bar Service no later than 14 days prior to the event.
By providing your credit card information, Client authorizes Bar Service to charge the provided credit card for all agreed-upon fees relating to the services rendered. This authorization is valid up to 30 days past the service date. This includes, but is not limited to, the agreed contract price, additional hours of service, liquor liability insurance fees, any fees resulting from damages or additional cleaning, equipment replacement costs, and any other fees or charges as outlined in this Agreement. It is your responsibility to notify Bar Service in writing of any changes to your credit card information.
The Client may terminate this Agreement at any time by providing written notice to Bar Service and completing a formal cancellation form. Upon cancellation or termination, all deposits and payments previously made to Bar Service will be retained and any monies owed will be billed or charged to the card on file at Bar Service's discretion. Bar Service commits to honor all accepted reservations and will not terminate this Agreement or cancel its services, except under unforeseeable circumstances beyond its control, as outlined in the "Force Majeure" clause, or for safety and security reasons as determined by Bar Service in its sole discretion.
The service may not be rescheduled to a new date without the payment of an additional, new non-refundable deposit of 25% of the total service fee for the new date. If Client wishes to reschedule their event for a different date, a new service agreement must be executed for the new service date, and the terms of the new agreement will apply. Any liquor liability insurance fees paid for the original date are non-transferable and new coverage must be purchased for the rescheduled event if required.
Modifications or changes to services or event details must be requested no later than 14 days prior to the event. Additions to services are welcomed at any time, subject to availability, and may incur additional charges.
Changes made within 48 hours of the service date are considered last-minute changes and will be subject to a fee of 20% of the amount the invoice changes or a flat fee of $100, whichever is greater. This fee compensates for adjustments to staffing, supplies, and logistics on short notice. Any modifications or additions to services become binding once confirmed in writing by both parties.
The Client is required to provide an accurate guest headcount at least three (3) days prior to the event. If the actual number of guests exceeds the headcount provided by the Client, an additional fee of $50 per extra guest will be charged.
Bar Service reserves the right to cancel the event if the actual number of guests on the day of the event exceeds the provided headcount by more than 10%. This is due to the impact a significantly larger guest count would have on the quality of service. In such an event, all deposits and payments made by the Client will be forfeited.
Security Deposits for High-Risk Events
For events identified as high-risk (including but not limited to events with over 200 guests, events extending past midnight, or events at venues with limited security), Bar Service may require an additional security deposit of $500-$2,000. This deposit will be returned within 30 days post-event if no damages, excessive cleaning, or other issues occur.
Bar Service's primary duty is to provide service within the specifically designated Service Area as mutually agreed upon and documented prior to service commencement. The designated Service Area shall be clearly marked and communicated to all parties. Bar Service's responsibilities are strictly limited to this designated area only.
Service Limitations
- Bar Service staff will not provide table service, cocktail service, or any responsibilities outside of the immediate Service Area unless support staff (Cocktail Servers, Servers, or Bar Backs) are specifically included in the service agreement
- Bar Service is not responsible for monitoring, controlling, or preventing guest consumption of alcohol brought from outside the designated Service Area
- Bar Service has no obligation to monitor guest behavior, intoxication levels, or safety outside the immediate Service Area
- Bar Service is not responsible for enforcement of venue rules, security, or crowd control
- Bar Service shall not be liable for any social host liability or premises liability outside the Service Area
Service Area Requirements
The designated Service Area must be:
- Clearly defined and physically separated from other service areas
- Free from obstacles and safety hazards
- Adequately lit for safe operation
- Equipped with necessary utilities as specified in this agreement
- Accessible to Bar Service staff without interference from other vendors or activities
Client must complete the Load In/Out Survey by the date provided by Bar Service. The survey must include detailed information about:
- Parking availability and restrictions within 100 feet of Service Area
- Loading/unloading zones and time restrictions
- Elevator access and weight/size limitations
- Pathway conditions, including stairs, slopes, and surface materials
- Distance from parking to final setup location
- Any fees, permits, or restrictions affecting equipment transport
- Venue capacity and permit verification
- Emergency egress identification and accessibility
- Electrical system safety and capacity verification
- Water supply safety and accessibility
- Security arrangements and contact information
Venue Compliance Requirements
By completing the Load In/Out Survey, Client warrants and represents that:
- The venue holds all necessary permits for the proposed event
- The venue complies with all applicable local, state, and federal regulations
- All required licenses (including alcohol service permits if applicable) are current and valid
- The venue meets all fire safety and building code requirements
- Emergency exits are clearly marked and unobstructed
- The venue has appropriate security measures for the event size and type
Accessibility Requirements
- Client must provide dedicated parking space within 100 feet of the Service Area
- Loading path must be clear, level, and safe for equipment transport
- Any special access requirements (keys, codes, personnel) must be arranged in advance
- Client is responsible for all parking fees, permits, tolls, and access costs
- If accessibility issues cause delays or require additional labor, Client will be charged at $75 per hour for additional time required
Failure to complete the Load In/Out Survey or provide required documentation may result in service cancellation with forfeiture of all deposits and payments. Bar Service retains the right to cancel any services or add-ons unfit for the venue's characteristics including, but not limited to, terrain, parking, pathways, safety concerns, or structural limitations.
The Client shall provide a finalized selection of menu items to Bar Service, which includes specific cocktail names, special instructions, beverage types, or other relevant details no later than the date provided by Bar Service. Failure to meet the provided deadline may result in Bar Service selecting the menu items at its sole discretion. Any additional costs arising from late selections or changes made after the provided deadline shall be the responsibility of the Client.
Cocktail selections, including the tools required, components, ingredients, and garnishes, are subject to approval by Bar Service for quality assurance purposes. Cocktail selections are restricted to the list available on our website and existing recipes in our catalogue. Custom cocktails can be added to our catalogue for a fee which covers the cost of research and development of the new recipe and adding it to our catalogue.
The Client acknowledges that all ingredients, beverages, and other materials provided by Bar Service are the property of Bar Service and are intended strictly for use at the designated Service Area. Any leftover product will be removed by Bar Service at the end of the event. Client may not redistribute, sell, or transfer any Bar Service materials to other areas or vendors at the event.
The Client shall designate the Service Area, ideally before Bar Service's arrival, but occasionally at the time of arrival. Bar Service may provide recommendations regarding the placement of the Service Area, if necessary.
Mandatory Location Requirements
- Event area must not be in a public space and should be free of obstacles
- Bar Service shall be provided with adequate shade/cover to protect staff, equipment, and materials from the elements
- Location must have level, stable flooring capable of supporting equipment weight
- Adequate electrical supply (specified in proposal) within 25 feet of Service Area
- Clean water access within 50 feet if required for service
- Sufficient lighting for safe evening operation
- Clear boundaries separating Service Area from other vendor areas
A 'public space' is defined as any area accessible by the general public at the time the bar is in operation. As per the California Alcoholic Beverage Control Act, Bar Service cannot serve in locations accessible by the general public. The Client must ensure the event area is exclusive to authorized guests only.
Surface Protection and Setup Requirements
If any items or equipment are present in the designated Service Area, it is the Client's responsibility to clear them before Bar Service's arrival. Client must provide adequate surface protection (tarps, floor coverings) if requested by Bar Service to protect venue surfaces from normal bartending operations.
Bar Service shall not be held liable for any wear and tear, moisture damage, or other effects resulting from the normal use of service areas or surfaces authorized by the client. The client assumes full responsibility for ensuring that surfaces provided for Bar Service are suitable and capable of withstanding normal service-related activities.
Client Surface Protection Obligations
Client is solely responsible for protecting and warranting the suitability of all surfaces including:
- Floors, carpets, tables, countertops, and any other surfaces in the Service Area
- Surrounding areas that may be affected by normal bar service operations
- All venue property and furnishings within and adjacent to the Service Area
Normal Service Operations Include
- Spillage of liquids such as water, alcohol, mixers, and ice
- Condensation from ice buckets, coolers, and chilled beverage containers
- Placement of wet or damp barware, utensils, and equipment on surfaces
- Ice melting and water runoff in service areas
- Equipment setup and breakdown activities
- Normal foot traffic and movement of bar service staff
Liability Protection
Bar Service is not liable for any damage, staining, wear, or other effects resulting from these normal operations. Client must arrange appropriate protective measures (waterproof coverings, floor protection, etc.) before Bar Service arrival. Any claims regarding damage must be submitted in writing with supporting evidence within 48 hours of service completion.
Utility Requirements
Client is responsible for ensuring adequate access to all necessary utilities as specified in the service agreement:
- Electrical power with adequate amperage (specifications provided in proposal) within 25 feet of Service Area
- Clean, potable water supply within 50 feet if required for service type
- Adequate drainage for wastewater if applicable
- Sufficient lighting for safe operation during evening events (minimum 50 foot-candles in Service Area)
- Climate control or adequate ventilation for enclosed service areas
Environmental Protection Requirements
For outdoor events, Client must provide:
- Waterproof overhead cover protecting minimum 10' x 10' area
- Wind protection for Service Area (screens, barriers as needed)
- Level, stable surface with drainage for water runoff
- Protection from direct sunlight during peak service hours
Utility Failure Provisions
If required utilities are unavailable or fail during service, Bar Service reserves the right to modify or terminate service without penalty. Client remains liable for full payment unless failure is due to Bar Service negligence.
Garnishes, ingredients, and other materials are subject to availability and may be substituted by Bar Service without notice. The Client is responsible for providing any specific materials or ingredients not included in Bar Service's standard inventory.
Procurement Terms
Should Client-requested materials be unavailable and require special procurement, Bar Service is authorized to purchase them on behalf of the Client with a convenience fee of up to 35% of the cost of the materials plus any delivery or rush fees. Client will be notified of such charges before procurement when reasonably possible.
The Client is responsible for confirming all event timelines, including arrival and departure times, and ensuring compliance with venue rules and guidelines. Bar Service will begin promptly at the agreed-upon "Bar Open" time as outlined in the service agreement and invoice.
Service Schedule Protection
- If guests arrive before the scheduled bar opening time, Bar Service will not be obligated to provide any service, including water or other beverages, prior to the designated start time
- Bar Service reserves the right to refuse early service requests that were not previously arranged in writing
- A Last Call will be announced by Bar Service 15 minutes prior to the scheduled "Bar Close" time
- The bar will close promptly at the designated "Bar Close" time, regardless of when service began or any delays caused by Client
Service Extension Terms
Extensions of bar service may be requested during the event but must be confirmed no later than 30 minutes prior to the designated bar close time and are subject to staff availability. Extension rates are specified in the Client's invoice and will be billed in thirty-minute increments. Bar Service reserves the right to decline extension requests based on safety concerns, staff limitations, or venue restrictions.
Bar Service will not be liable for any issues arising from non-compliance with the confirmed event schedule, venue guidelines, or early guest arrivals.
When Client provides glassware, they assume full responsibility for all breakage, damage, loss, or theft. When renting glassware from Bar Service, a Glassware Damage Waiver fee will be applied by default.
Glassware Coverage
The Glassware Damage Waiver covers:
- Accidental breakage during normal event operations
- Individual piece replacement up to 10% of total rented glassware
- Normal wear and tear from proper use
Glassware Waiver Exclusions
- Loss, theft, or mysterious disappearance of glassware
- Intentional damage or misuse by guests
- Catastrophic damage (single incident affecting more than 10% of total rented glassware)
- Damage occurring outside the designated Service Area
- Damage caused by unauthorized handling
If Client opts not to purchase the Glassware Damage Waiver, they assume full financial responsibility for all glassware at current replacement cost, regardless of cause of damage or loss.
Equipment Security Requirements
Client must provide reasonable security for all Bar Service equipment. This includes ensuring the Service Area is supervised when Bar Service staff are not present and taking reasonable measures to prevent unauthorized access to equipment.
Bar Service Insurance Coverage
Bar Service maintains the following insurance coverage for all events:
- General Liability Insurance (minimum $1,000,000 per occurrence)
- Workers' Compensation Insurance as required by California law
- Commercial Auto Insurance for equipment transport
- Liquor Liability Insurance (when purchased as add-on service)
Client Insurance Obligations
Client must ensure the venue maintains adequate general liability and property insurance coverage. If venue requires specific insurance documentation from Bar Service, Client must communicate these requirements to Bar Service no later than 14 days prior to the event.
Insurance Documentation
Bar Service will provide Certificate of Insurance and any required endorsements to the venue as needed. Bar Service may require venue insurance information for risk assessment purposes. Failure to communicate venue insurance requirements in a timely manner may result in service delays or additional fees.
Accessibility Requirements
Client is responsible for ensuring complete site accessibility for service staff, equipment, and necessary deliveries. This includes:
Mandatory Accessibility Provisions
- Designated parking space within 100 feet of service location
- Clear, unobstructed pathway from parking to Service Area
- Adequate lighting for safe equipment transport during setup and breakdown
- Level surfaces or ramps with maximum 5% grade for equipment movement
- Doorway clearances of minimum 36 inches wide and 80 inches high
- Elevator access capable of accommodating equipment dimensions and weight
Cost Allocation for Accessibility Issues
All costs related to site accessibility will be billed to Client, including:
- Travel or parking-related fees (tolls, valet, parking permits, meter fees)
- Additional labor costs due to difficult access (charged at $75 per hour)
- Equipment transport fees for distances exceeding 100 feet from parking
- Special access permits or facility fees
- Additional security or supervision required for equipment protection during transport
Service Delay and Cancellation Rights
If accessibility issues prevent safe or timely setup, Bar Service reserves the right to:
- Modify service offering to accommodate limitations
- Charge additional fees for extra time and labor required
- Cancel service if safety concerns cannot be adequately addressed
- Retain all payments if cancellation is due to Client's failure to provide adequate access
Service Area may be relocated if reasonable conditions exist and the request is made prior to Bar Service's arrival at the venue. Relocation conditions include:
- Flat, smooth surface with minimal incline (maximum 3% grade)
- Adequate clearance for equipment movement
- Availability of required utilities in new location
- No increase in setup time or safety risks
Relocation Terms
- Bar Service may decline relocation requests at its sole discretion
- Client acknowledges that relocating Service Areas may cause service delays
- Additional charges of $150 may apply for significant relocations requiring extra setup time
- Emergency relocations during service may result in temporary service interruption
- Client assumes liability for any issues arising from relocation requests
Bar Service staff may take breaks as required by California labor law. During scheduled breaks:
- Service may be temporarily suspended
- Service Area will be secured and monitored
- No service will be provided during mandated break periods
- Client may not request staff to skip or shorten legally required breaks
Staffing Substitution Rights
Bar Service reserves the right to substitute staff members due to illness, emergency, or other unforeseeable circumstances. All substitute staff will be equally qualified and trained. Client may not reject substitute staff based on personal preferences.
Media Rights
Client authorizes Bar Service to take photos and videos for quality assurance, staff training, marketing, advertising, and promotional purposes unless written objection is provided at least 48 hours prior to service.
Usage Rights
All photos and videos taken by Bar Service during the event are the sole property of Bar Service with unlimited usage rights including:
- Website and social media marketing
- Print and digital advertising materials
- Staff training and quality assurance
- Business development and promotional activities
- Third-party marketing partnerships
Client Media Restrictions
If Client objects to photography/videography, they must provide written notice and may be subject to a documentation fee of $100 to cover alternative quality assurance methods.
Waste Management
Client is responsible for proper disposal of all waste generated during the event unless specifically arranged otherwise in writing. This includes:
- All trash, recyclables, and compostables from bar service
- Liquid waste and ice melt
- Empty bottles and containers
- Used garnishes and perishables
- Any packaging materials from Bar Service supplies
Environmental Compliance
Client must ensure all waste disposal complies with local environmental regulations and venue requirements. Bar Service is not responsible for violations of waste disposal ordinances or environmental regulations.
Alcohol Management
The Client is responsible for provision and organization of all alcohol at the immediate Service Area prior to Bar Service arrival. Once Bar Service takes control of the alcohol service area, Bar Service assumes authority over alcohol dispensing within the designated area only.
Multi-Vendor Alcohol Coordination
When multiple alcohol vendors are present:
- Client must clearly define each vendor's service boundaries and responsibilities
- Bar Service is only responsible for alcohol service within its designated area
- Client must coordinate all alcohol vendors to prevent service conflicts
- Bar Service has no liability for alcohol served by other vendors or in other areas
Alcohol Service Authority and Limitations
Bar Service reserves authority within its designated Service Area to:
- Refuse service to any guest for any reason related to responsible alcohol service
- Implement service limitations based on safety assessment
- Cease alcohol service if safety concerns arise
- Monitor service within the immediate Service Area only
Liability Limitations for Alcohol Service
- Bar Service is not responsible for monitoring guest behavior outside the immediate Service Area
- Bar Service is not liable for alcohol consumption by guests before arriving at the event
- Client assumes responsibility for all guest actions and behavior throughout the event
- Bar Service's obligation is limited to responsible service practices within its designated area only
- Bar Service is not liable for any social host liability or dram shop liability outside the Service Area
Age Verification
Client assumes full responsibility for ensuring all guests consuming alcohol are of legal drinking age. While Bar Service will check identification when serving, Client warrants that only guests 21 and older will attempt to consume alcohol at the event.
Exclusive Equipment Operation
Bar Service equipment must be operated, moved, or adjusted exclusively by authorized Bar Service staff. Any unauthorized handling by Client, guests, or other vendors will result in immediate assessment of damages and potential service termination.
Equipment Security and Monitoring
When Bar Service delivers equipment in advance or retrieves it after the event:
- Client assumes complete responsibility for equipment security and protection
- Equipment must be stored in secure, weather-protected location
- Client must provide reasonable security measures to prevent theft or damage
- Bar Service retains unlimited rights to inspect, observe, or retrieve equipment
Equipment Protection
Client is financially responsible for:
- Full replacement cost of lost, stolen, or damaged equipment (calculated at current retail prices)
- All forms of theft, mysterious disappearance, or unauthorized removal
- Damage caused by weather, environmental conditions, or improper storage
- Any costs associated with equipment recovery or replacement
Equipment Retrieval Rights
Bar Service is authorized to retrieve equipment immediately if:
- Safety concerns arise regarding equipment security or proper use
- Unauthorized handling or operation is observed
- Client breaches any terms of this agreement
- Environmental or security conditions threaten equipment integrity
Client expressly waives any claims against Bar Service for equipment retrieval and authorizes Bar Service access to retrieve equipment without further legal process.
Compliance Obligations
Client assumes all risks and responsibilities related to compliance with federal, state, and local laws, including but not limited to:
- City and county ordinances for events and alcohol service
- California Alcoholic Beverage Control regulations
- Fire safety and building code compliance
- Noise control and disturbance ordinances
- Waste disposal and environmental regulations
- Special event permit requirements
- California Unruh Civil Rights Act compliance
- Americans with Disabilities Act compliance
Permit and License Verification
Client must obtain and provide documentation of all required permits and licenses, including:
- Special event permits from local authorities
- Temporary alcohol service permits if required
- Noise permits for amplified sound
- Fire department approvals for outdoor events
- Any venue-specific permits or licenses
Regulatory Intervention Protection
In the event of intervention by law enforcement, fire department, municipal officials, or other regulatory authorities:
- Client accepts full responsibility and liability for all consequences
- Client will hold Bar Service harmless for any fines, penalties, or legal costs
- Bar Service reserves the right to immediately cease service if regulatory violations occur
- Client remains liable for full payment regardless of service interruption due to regulatory issues
Weather Risk Assumption
Client assumes all weather-related risks for outdoor or partially outdoor events. No refunds or service credits will be provided for weather-related issues including:
- Rain, snow, or severe weather conditions
- Extreme temperatures affecting service quality or safety
- Wind conditions affecting equipment stability or safety
- Natural disasters or severe weather warnings
Weather-Related Service Modifications
Bar Service reserves the right to:
- Modify service delivery methods to ensure safety during adverse weather
- Implement additional protective measures at Client's expense
- Temporarily suspend service during severe weather conditions
- Terminate service early if weather conditions become unsafe
Client remains liable for full payment of all contracted services regardless of weather-related cancellations, delays, or service modifications unless the event is completely cancelled by Bar Service due to extreme safety concerns.
Risk Assumption
Client understands and agrees that there are inherent risks associated with handling and delivery of alcohol, equipment, and materials. Client hereby assumes all risks, whether known or unknown, relating to the service including:
- Risk of breakage, spoilage, or loss of products during transport and service
- Environmental factors affecting product quality or equipment function
- Theft or damage occurring during delivery, setup, service, or breakdown periods
Maximum Liability Limitation
To the fullest extent permitted by California law, Bar Service and its affiliates, officers, directors, employees, and agents will not be liable for any damages exceeding the total amount paid by Client for the specific service. This limitation applies to all claims regardless of the theory of liability including:
- Direct, indirect, incidental, special, consequential, or exemplary damages
- Damages for loss of products, profits, goodwill, use, or other intangible losses
- Business interruption or reputational damages
- Punitive or exemplary damages
Service Disclaimers
Bar Service provides all services "as is" without any warranty of any kind, either express or implied including:
- No warranties regarding safety, reliability, timeliness, or performance
- No warranties regarding product quality or suitability for specific purposes
- No warranties regarding compatibility with venue conditions or Client requirements
Bar Service may assign its rights under this contract to qualified third parties without Client consent but will remain bound by all obligations herein. Bar Service may subcontract specific services while maintaining overall responsibility for service delivery.
Client may not assign this agreement, sublease services, or loan equipment to third parties without express written permission from Bar Service. Any purported assignment by Client is void and will result in immediate contract termination with forfeiture of all payments.
Third-Party Service Restrictions:
Client may not allow other vendors, caterers, or service providers to use Bar Service equipment, materials, or designated service areas without express written authorization from Bar Service.
Maximum Liability Cap
Bar Service's total liability to Client for any damages, losses, or causes of action arising by any means (including negligence, breach of contract, or strict liability) shall not exceed the total amount paid by Client to Bar Service for the specific service under this Agreement.
Specific Liability Exclusions
Bar Service shall not be liable for:
- Any damages to Client's property or venue not directly caused by Bar Service negligence
- Consequential, incidental, or punitive damages of any kind
- Business interruption or lost profits
- Damages arising from third-party actions or omissions
- Issues arising from venue conditions, accessibility, or utilities
- Problems caused by other vendors, caterers, or service providers
- Guest behavior, accidents, or injuries outside the immediate Service Area
- Social host liability or premises liability outside the Service Area
Time Limitation for Claims
All claims against Bar Service must be made in writing within sixty (60) days of the event date or they are forever barred.
Mandatory Arbitration
Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through binding arbitration administered by the American Arbitration Association rather than in court.
Arbitration Procedures
- Arbitration shall be conducted in Santa Clara County, California
- Arbitration shall be governed by the Commercial Arbitration Rules of the American Arbitration Association
- The arbitrator shall be selected by mutual agreement or through AAA procedures
- The arbitrator's decision shall be final and binding on all parties
- Judgment on the arbitration award may be entered in any court having jurisdiction
- Each party shall bear their own costs and attorney's fees unless the arbitrator determines otherwise
Class Action Waiver
Client expressly waives any right to participate in class action lawsuits or class-wide arbitration against Bar Service.
Indemnification Scope
Client shall defend, indemnify, and hold harmless Bar Service, its employees, agents, and subcontractors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from or related to:
- Third-party personal injury or property damage claims at the event
- Client's breach of any provision of this Agreement
- Client's negligent acts or omissions or those of their guests
- Violation of any laws, regulations, or ordinances by Client
- Claims arising from alcohol service by other vendors or outside Bar Service's designated area
- Venue-related issues including building code violations, safety hazards, or accessibility problems
- Actions or omissions of other vendors, caterers, or service providers at the event
- Any claims related to the adequacy or safety of venue conditions
- Environmental issues or waste disposal violations
- Regulatory compliance failures or permit violations
- Social host liability or premises liability claims
Defense Obligation
Client agrees to provide legal defense for Bar Service at Client's expense for any covered claims, even if the claims are groundless, false, or fraudulent.
Legal Fees Provision
In any legal proceeding, arbitration, or dispute resolution process, the prevailing party shall be entitled to recover from the non-prevailing party:
- All reasonable attorney's fees and legal costs
- Court costs, filing fees, and administrative expenses
- Expert witness fees and investigation costs
- Costs of enforcing any judgment or arbitration award
Pre-Litigation Costs
If Bar Service retains legal counsel to enforce any provision of this Agreement or collect any amounts due, Client shall pay all reasonable attorney's fees and costs incurred, regardless of whether formal proceedings are commenced.
Method of Notice
All notices required under this Agreement shall be in writing and shall be deemed given when:
- Personally delivered to the recipient
- Sent by certified mail, return receipt requested, to the address specified in this Agreement
- Sent by email to the email address specified in this Agreement with confirmation of receipt
- Sent by overnight courier service with signature confirmation
Notice Addresses
Notices to Bar Service shall be sent to the address and email provided in the service proposal. Notices to Client shall be sent to the address and email provided during booking.
Severability
Each provision of this Agreement is severable. If any provision is found unenforceable or invalid by a court of competent jurisdiction, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
Non-Waiver
No waiver of any breach of this Agreement shall be deemed a waiver of any subsequent breach. Bar Service's failure to enforce any provision shall not constitute a waiver of that provision or any other provision.
Force Majeure Events
Neither party will be responsible for failure or delay of performance if caused by events beyond their reasonable control including:
- Acts of nature (earthquakes, floods, fires, severe weather)
- War, terrorism, civil unrest, or sabotage
- Government restrictions, regulations, or orders
- Pandemic, epidemic, or public health emergencies
- Labor strikes or work stoppages
- Electrical, internet, or telecommunication outages
- Supply chain disruptions affecting materials or equipment
- Transportation restrictions or failures
Force Majeure Procedures
Both parties will use reasonable efforts to mitigate the effects of force majeure events. If such events continue for more than 90 days, either party may cancel this agreement with written notice.
Payment Obligations During Force Majeure
In the event of force majeure cancellation, Bar Service will provide credit toward future services rather than refunds. Credits are valid for 24 months and may be transferred to rescheduled events.
Bar Service reserves the right to modify this Service Agreement at any time. Changes will be effective only after the effective date and will not affect existing contracts or disputes arising prior to the effective date.
Notification of changes will be provided through:
- Posted notice on Bar Service website
- Email notification to the address associated with Client's account
- Written notice for significant modifications
Client's continued use of services after the effective date constitutes acceptance of the amended Agreement. If Client does not agree to amendments, they must discontinue use of services.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles.
Exclusive Jurisdiction
Subject to the mandatory arbitration clause, any legal proceedings that are not subject to arbitration shall be brought and maintained exclusively in the state or federal courts located within Santa Clara County, California.
Consent to Jurisdiction
Client hereby consents to and acknowledges the personal jurisdiction of California courts and waives any defense of inconvenient forum. Client also waives any right to challenge the venue or jurisdiction of California courts.
Service of Process
Client consents to service of process by any means authorized by California law, including by certified mail to the address provided in this Agreement.
The following provisions shall survive termination or expiration of this Agreement: Limitation of Liability, Indemnification, Attorney's Fees and Costs, Dispute Resolution, Governing Law and Jurisdiction, and any payment obligations accrued prior to termination.
This Agreement may be executed electronically and electronic signatures shall be deemed valid and binding. Facsimile or PDF copies of signatures shall be treated as original signatures.
This Agreement represents the complete agreement between the parties and supersedes all prior negotiations, representations, or agreements relating to the subject matter herein. No modifications are valid unless made in writing and signed by both parties. No oral representations or modifications shall be binding.
Data Protection and Privacy
Bar Service will handle any personal information in accordance with applicable privacy laws. Client consents to the collection and use of personal information necessary for service delivery and business operations.
This Service Agreement represents the complete agreement between the parties and supersedes all prior negotiations, representations, or agreements. No modifications are valid unless made in writing and signed by both parties.