Service Agreement
SUBJECT TO AVAILABILITY AND DYNAMIC PRICING
All services offered by Bar Service are subject to availability and dynamic pricing. The completion of the reservation 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. We appreciate your understanding and are committed to delivering exceptional experiences for all our clients.
NON-REFUNDABLE DEPOSIT AND PAYMENTS
To secure Bar Services for the service date, a nonrefundable 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 late fee of 10% will be applied to all amounts due, prorated monthly, until paid in full. Any checks returned due to insufficient funds will incur a $50 fee. Please note that all deposits and payments are nonrefundable.
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.
CREDIT CARD AUTHORIZATION
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 10 days past the service date. This includes, but is not limited to, the agreed contract price, additional hours of service, any fees resulting from damages or additional cleaning, 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.
TERMINATION
The Client may terminate this Agreement at any time by providing a written notice to Bar Service and completing a formal cancellation form which references the Termination Agreement. 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 Services discretion. Bar Service commits to honor all accepted reservations and will not terminate this Agreement or cancel its services, except under unforeseen circumstances beyond its control, as outlined in the "Force Majeure" clause.
RESCHEDULING
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.
SERVICE AND CONTRACT MODIFICATIONS
Modifications to services or event details must be requested no later than 30 days prior to the event. Additions to services are welcomed at any time, subject to availability and may be subject to additional charges. Any modifications or additions to services become binding and are considered part of the contract once they are confirmed in writing by both parties. Any previous contracts or revisions become void upon the execution of a newer version of the contract. Despite this, all deposits and payments made under prior agreements are non-refundable and will be retained by Bar Service.
HEADCOUNT
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.
SCOPE & RESPONSIBILITIES
Bar Service's primary duty is to provide service within the designated bar area as defined. Additional services such as table service, cocktail service, or other responsibilities outside of the bar area, are only undertaken if support staff (Cocktail Servers, Servers, or Bar Backs) are included in the service agreement. Without the inclusion of support staff in the agreement, Bar Service will not be obligated to perform tasks outside of the immediate bar area.
LOAD IN/OUT SURVEY
Client must complete the Load In/Out Survey by the date provided by Bar Service. Failure to complete the survey by the provided deadline may result in Bar Service making necessary arrangements for load in/out at its sole discretion, with any additional costs borne by the Client. Bar Service will examine the survey results to ensure safe handling and adequate access of all equipment and materials. 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, and pathways.
MENU SELECTION
The Client shall provide a finalized selection of menu items to the Bar Service, which includes specific cocktail names, special instructions, beverage types, or other relevant details no later than the date provided by the Bar Service. Failure to meet the provided deadline may result in the 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.
BEVERAGES AND MATERIALS
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 bar. Any leftover product will be removed by Bar Service at the end of the event.
SERVICE LOCATION
The Client shall designate the bar area, ideally before the Bar Service's arrival, but occasionally at the time of arrival. Bar Service may provide recommendations regarding the placement of the bar area, if necessary. Event area must not be in a public space and should be free of obstacles. Bar Service shall be provided with shade/cover to protect staff, equipment, and materials from the elements. 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 ABC Act, Bar Service cannot serve in locations accessible by the general public. The Client should ensure the event area is exclusive to guests only and should be free of obstacles. If any items or equipment are present in the designated bar area, it is the Client's responsibility to clear them before Bar Service's arrival.
UTILITY AND ENVIRONMENTAL PROVISIONS
Depending on the specific services to be provided by Bar Service, the Client may be responsible for ensuring adequate access to necessary utilities such as electrical power and clean water supply. If required, these utilities should be provided within a reasonable distance of the bar area and at no cost to Bar Service. For evening or nighttime events, sufficient lighting must be available to ensure the safety and functionality of the bar service area. For outdoor events, the Client must provide adequate shade or cover to protect against adverse weather conditions, including excessive sun or rain. Failure to meet these conditions could potentially impact the quality and continuation of Bar Service's services.
The Client acknowledges that certain services, as outlined in the proposal, service agreement, and invoice, may require the provision of electricity or water. These requirements will be detailed in the respective documents.
MATERIALS AND SUBSTITUTIONS
Garnishes, ingredients, and other materials are subject to availability and may be substituted by Bar Service without notice. The Client is responsible for providing necessary materials and ingredients. Should these materials be unavailable, Bar Service is authorized to purchase them on behalf of the Client, and may add a convenience fee up to 25% of the cost of the materials.
SERVICE SCHEDULE AND LAST CALL
The Client is responsible for confirming arrival and departure times and ensuring compliance with venue rules and guidelines. Bar Service will not be liable for any issues arising due to these factors. Last call will be announced by Bar Service or other 15 minutes prior to the scheduled Bar Close time. The bar will close promptly, and any delays may result in additional fees.
GLASSWARE
Client is responsible for all aspects of their supplied glassware. When renting glassware from Bar Service, an optional Glassware Damage Waiver fee will be applied by default. The Glassware Damage Waiver covers accidental breakage or damage to individual pieces of rented glassware that occurs during normal event operations. However, it does not cover loss, theft, intentional breakage or damage, or catastrophic damage, defined as damage resulting from a single incident that breaks or destroys more than 10% of the total rented glassware. If the Client opts not to pay the Glassware Damage Waiver fee, they will be responsible for the full replacement cost of any glassware that is broken, damaged, lost, or stolen during the event.
INSURANCE
Client will be provided with all Bar Service's active insurance policies and limits. The Client is responsible for confirming these policies and limits meet the insurance requirements of their venue, company, or other entities. Any additional insurance costs required to meet these requirements may be priorly informed and passed on to the Client.
ACCESSIBILITY & PARKING
Client is responsible for providing adequate access to the site, parking, and unloading area. Any fees over $15 may be billed to the Client.
RELOCATE BAR AREA
Bar area may be relocated if reasonable conditions for doing so exist and the service has been arranged prior to the arrival of Bar Service at the venue. Conditions include flat, smooth surface with minimal incline or decline between locations. Bar Service may choose not to relocate bar area at their discretion. Client acknowledges that relocating bar areas may cause delays in service.
GRATUITY
Bar Service staff may accept tips and gratuity.
STAFF BREAKS
Bar Service staff may take breaks as required by California law.
PHOTOS & VIDEO
The Client authorizes Bar Service to take photos and videos for quality assurance, advertising, and marketing purposes, unless otherwise requested by writing at least 24 hours prior to Bar Service's arrival time. All photos and videos taken by Bar Service during the event are the sole property of Bar Service. The Client grants Bar Service the right to use these photos and videos for promotional, marketing, and other business-related purposes.
DISPOSAL OF WASTE
Client is responsible for disposing of trash, recyclables, and liquids unless previously arranged.
ALCOHOL AND GUESTS
The Client is responsible for provision and organization of all alcohol at the immediate bar area prior to the arrival of Bar Service. Bar Service assumes authority over the alcohol it inspects and controls.
In the event that multiple alcohol vendors are involved, the Client agrees to clearly define the responsibilities of each vendor. Bar Service is only responsible for the alcohol and service provided within its designated area and has no liability or control over the alcohol served by other vendors. The Client is responsible for coordinating and managing the responsibilities of all alcohol vendors present at the event.
Bar Service reserves the right to refuse service to any guest as required by law or as deemed necessary by Bar Service's personnel. Bar Service is not liable for any issues arising from the provision of alcohol by other vendors at the event. Client assumes responsibility for ensuring that all guests consuming alcohol are of legal drinking age. Bar Service will control the dispensation of alcohol at the area assigned to it at the event, and is not responsible for the actions of any guests who may become intoxicated. The Client assumes all responsibility for the actions of their guests at the event.
Alcohol service may be cut off at Bar Services discretion if Bar Service determines that such action is necessary for the safety and well-being of the guests and/or staff.
EQUIPMENT HANDLING, DELIVERY, INSPECTION & REMOVAL
Bar Service's equipment is to be operated, moved, or adjusted exclusively by Bar Service staff. Any unauthorized handling of the equipment by the Client or their guests may result in damages for which the Client will be held responsible.
In circumstances where Bar Service is required to deliver equipment in advance or pick it up at a later time, the Client assumes responsibility for the safekeeping and security of the equipment during the intervening period. Bar Service reserves the right to inspect, observe, or remove equipment at any time. If for any reason, including but not limited to equipment damage or safety concerns, it becomes necessary for Bar Service to retake equipment, Client authorizes Bar Service to do so without further notice or further legal process.
Any loss, theft, or damage to the equipment during this period, or resulting from unauthorized handling, will be charged to the Client at the full replacement cost, determined by the current market price for new equivalent equipment, or the cost of necessary repairs. This includes all types of theft or mysterious disappearance. The Client understands and accepts these terms and agrees to take appropriate measures to secure the equipment when in their care and to authorize Bar Service to retake equipment when necessary.
CITY ORDINANCES
The Client assumes all risks and responsibilities related to compliance with city ordinances, local laws, regulations, and any related permits required for the event. This includes, but is not limited to, noise control, alcohol serving, waste disposal, and parking. It is the Client's duty to obtain necessary permissions and permits prior to the event, and to ensure that the event complies with all relevant ordinances and regulations.
In the event of intervention by law enforcement, municipal officials, or other regulatory authorities due to violation of any ordinances or laws, the Client accepts full responsibility, including any potential fines, legal fees, or other penalties. Bar Service is not responsible for any interruptions, consequences, or premature ending of the event resulting from violations of city ordinances or other regulations. The Client agrees to indemnify and hold Bar Service harmless for any costs, damages, or liabilities that may arise from such interventions.
WEATHER RELATED RISKS
Client assumes all weather related risks involved in holding an outdoor event and refunds will not be provided. The Client remains liable for full payment of any balances due or modifications in service due to weather-related cancellations or delays.
HANDLING & DELIVERY SERVICE
Assumption of Risk: The client understands and agrees that there are inherent risks associated with handling and delivery of alcohol, and hereby assumes all risks, whether known or unknown, relating to the service. This includes, but is not limited to, the risk of breakage, spoilage, or loss of the products.
Limitation of Liability: To the fullest extent permitted by law, Bar Service and its affiliates, officers, directors, employees, and agents will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of products, loss of profits, goodwill, use, or other intangible losses, regardless of whether we were advised of the possibility of such damages.
No Warranties: Bar Service provides the Handling & Delivery Service "as is" without any warranty of any kind, either express or implied. We make no warranty or representation regarding the safety, reliability, timeliness, or performance of the service.
By proceeding with this service, the client acknowledges that they have read, understood, and agreed to these terms. If you do not agree to these terms, please do not use our Handling & Delivery Service.
ASSIGNMENTS, SUBLEASES, & LOANS
Bar Service may assign its right under this contract without the Client’s consent, but will remain bound by all obligations herein. The Client may not give others the right to use or loan equipment without Bar Service’s written permission. Any purported assignment by the Client is void.
LIMITATION OF LIABILITY
Bar Service's total liability to the Client for any damages, losses, or causes of action arising by any means (including negligence) shall not exceed the amount paid by the Client to Bar Service for the specific service under this Agreement causing the damage or loss. This includes potential damage to the Client's property or venue caused by Bar Service or its employees.
DISPUTE RESOLUTION
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration. The parties shall mutually agree upon the selection of an arbitrator. If the parties cannot agree upon an arbitrator, each party shall select an arbitrator and the arbitrators shall select a third.
INDEMNIFICATION
The Client shall defend, indemnify, and hold harmless Bar Service from any claims, damages, or other expenses resulting from the Client's actions or negligence. This includes, but is not limited to, third-party claims, property damage claims, personal injury claims, and any legal or arbitration costs incurred by Bar Service to the extent permitted by law.
LEGAL FEES
In the event of a dispute resulting in legal proceedings, the prevailing party may recover its reasonable attorney's fees, court costs, and other legal expenses from the non-prevailing party, to the extent permitted by law and subject to any limitations set forth in this Agreement.
NOTICE OF NON-WAIVER/SEVERABILITY
Each provision of this Agreement is severable so that unenforceability or waiver of one provision does not affect the remaining provisions.
FORCE MAJEURE
Neither party will be responsible for failure or delay of performance if caused by an act of nature, war, hostility or sabotage; an electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other licenses); or other event outside the reasonable control of the obligated party. Both parties will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 90 days, either party may cancel this agreement with written notice. In the event of a force majeure, Bar Service will make reasonable efforts to reschedule the event at a mutually agreeable date and time, subject to availability. In the event that an event is canceled due to force majeure, any payments and deposits made will be credited towards the rescheduled event date.
UPDATES TO THIS AGREEMENT
Bar Service reserves the right to modify this Service Agreement. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. We will notify you of any changes to this Service Agreement by posting a notice on our website or by sending a notice to the email address associated with your account. Your continued use of our services after the effective date constitutes your acceptance of the amended Service Agreement. If you do not agree to the amendments, you must stop using our services.
JURISDICTION
This Agreement, and any dispute arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any and all legal actions or proceedings arising out of or relating to this Agreement, its validity, performance, or the relationships established hereunder, shall be brought and maintained exclusively in the state or federal courts located within Santa Clara County, California. The parties hereby consent to and acknowledge the personal jurisdiction of these courts and waive any defense of inconvenient forum to the maintenance of any action or proceeding in such venues.
Last Updated: March 20, 2024