The following terms and conditions pertain to your rental of the Chocolate Fountain(s):
Our Commitment: Every Chocolate Fountain rental includes the following services:
1. Set-up of the Chocolate Fountain in the desired location at your event.
2. The use of the Chocolate Fountain at your special event for three (3) hours. Additional time will be billed at the rate of twenty-five dollars ($25) per half hour.
3. A service attendant will set up the Chocolate Fountain and oversee its use during the event. The attendant will be essential to helping your guests enjoy the use of the Chocolate Fountain and provide a sanitary and clean environment.
4. Your Chocolate Fountain rental includes enough Sephra Premium Chocolate for up to 200 guests. If additional chocolate is required, it will be billed at twenty five dollars ($25) per additional fifty (50) guests. We will dispose of any unused chocolate unless you arrange otherwise. We recommend you bring tupperware because they’re usually is extra chocolate!
5. We will be responsible for disassembly and cleanup of the Chocolate Fountain. Please make arrangements to clean up any remaining food items which may be left over from the event, even if provided by an outside caterer.
6. The Chocolate Fountain Rental Fee includes travel to and from your event for locations within Las Vegas, North Las Vegas, Henderson, and Boulder City. Additional travel will incur a travel charge that will be set forth below as part of the overall Chocolate Fountain Rental Fee.
Retainer Fee: Your Chocolate Fountain Rental Fee is set forth below. In order to secure the availability of the Chocolate Fountain for your event, we require a Retainer Fee of two hundred dollars ($200) and the execution of this Chocolate Fountain Rental Agreement. The Retainer Fee will be applied towards your total Chocolate Fountain Rental Fee.
Cancellation: You may cancel the Chocolate Fountain rental for any reason at any time up to four (4) calendar weeks before the scheduled rental date and receive a full refund of your Retainer Fee. Otherwise, if for any reason, you should find it necessary to cancel the Chocolate Fountain rental, you will forfeit the entire Retainer Fee. If, however, you schedule another event at which you desire to rent the Chocolate Fountain within six (6) months of your cancellation, then seventy-five dollars ($75) of the forfeited retainer fee will be applied to the Chocolate Fountain Rental Fee for that event.
Payment Terms: You agree to pay in full the balance of the Chocolate Fountain Rental Fee and any other additional costs agreed upon between us at the date of your scheduled event. There will be no other additional taxes or fees. The Total Rental Fee as agreed upon is set forth on Exhibit “A” which is attached hereto and by reference incorporated as part of this Chocolate Fountain Rental Agreement. If we do not receive payment as described above, then this contract shall be null and void and we shall be entitled to retain the Retainer Fee as liquidated damages, except as specified above.
Provision for Physical Facilities: In order to ensure a successful event, it is necessary that the Chocolate Fountain be set up properly. We therefore require access to the desired setup area at least sixty (60) minutes prior to the beginning of the event. We also require thirty (30) minutes at the conclusion of the agreed upon rental time period, in order to disassemble and clean up the Chocolate Fountain. This time for set up and take down of the Chocolate Fountain does NOT count toward the scheduled rental time of the Chocolate Fountain.
Indoors Only: The chocolate fountain may be used indoors only. Due to temperature and wind conditions, in addition to insects whom are attracted to the smell, the chocolate fountain may not be taken outdoors for any reason (even under a covered tent).
You agree to provide at the desired setup area the following:
1. Sturdy and level table capable of supporting One Hundred to One Hundred Fifty (100lb/150lb) pounds. Once the Chocolate Fountain has been set up at the specified location, it cannot be moved during the event.
2. Table linens that will complement the color scheme of your special event.
3. Sufficient power for the operation of the Chocolate Fountain, which requires at least one 120-volt circuit (three prong outlet) that supplies at least 15 amps, according to normal safety standards, within 20 feet of the setup area.
You also grant us the right to take photos showing the use of the Chocolate Fountain and use those photos for the limited purpose of advertising and promoting the Fountain business to our prospective customers.
Our Service Attendant: Our attendant’s sole responsibility is for setting up, operating, and taking down the Chocolate Fountain.
Mutual Indemnification: Each party hereby agrees to indemnify and hold harmless the other against any losses, including costs and attorneys’ fees, as a result of any claim, action, or proceeding arising out of, or resulting from the use of the Chocolate Fountain at the event. The maximum amount of any costs or damages you may recover from us as a result of our conduct pursuant to the foregoing is limited to any payments you have made to us under this Agreement, plus simple interest at the rate of ten percent (10%) per annum thereon.
Additional Terms: We bear no responsibility in the event of a failure of our equipment, products or services by reason of any event outside of our control, such as, but not limited to, a power outage or natural disaster. In the event we otherwise fail to provide the products or services as contracted for, your sole remedy will be the refund of all monies you paid to us plus simple interest thereon at the rate of ten percent (10%) per annum.
You accept full responsibility and liability for any and all damages, injuries or delays that occur as a result of failure to comply with these provisions. You shall provide adequate liability and casualty insurance (or otherwise confirm that such insurance is being provided by the owner of the event facility) under terms which will cover and insure us and our agents.
We make no warranties, express or implied, regarding our equipment and products except those required by applicable law. Any disputes and controversies rising out of or connected with this Rental Agreement are to be governed by Nevada law, and the venue of any such action or proceeding related thereto shall be the County of Clark, State of Nevada.
Notices: Any notice required or permitted under this Agreement shall be given personally by email, or by overnight express delivery, or by U.S. Mail-postage paid. Any such notice shall be deemed to be given on the date it is given if by email, or on the date the notice is actually delivered if given by overnight or express delivery, or on the third day after which the notice is deposited in the U.S. mail if given by U.S. mail.
Customer Signature:___________________________________________Date: _______________
Company Representative Signature: ______________________________Date: _______________
**By clicking the rental agreement boxes in the reservation form, you have agreed to an electronic signature for this contract.
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