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Party Waiters LLC (herein referred to as “Agency”) and Client (collectively, the “Parties”) enter into this Agreement for catering staffing services. Client agree to the terms of this contract immediately upon Agency’s receipt of Client’s deposit for catering staffing services.
1. HOURLY BILLING
Client will be billed for the time staff begins work until staff is sent home at the end of a shift. There is a five hour minimum bill. Agency's staff will make every attempt to arrive early at the event site prior to shift. If staff begins work earlier than scheduled shift, Client will be billed according to when staff begins work. If staff arrives late, five hour minimum will be forfeited. In the event of tardiness, Client may reserve the right to send staff home at any time.
2. ARRIVAL TIME
Agency will notify catering staff of forfeiture of five hour minimum guarantee if they arrive to party site late, improperly attired or improperly groomed. If catering staff fails to comply with Agency standards with regards to uniform or punctuality, Client must notify Agency office on the next business day. If it is an extreme situation, Client may call the Agency at the 24-hour line. Client reserves the right to dismiss non-compliant staff as needed.
3. NO SOLICITATION OF AGENCY STAFF AND PLACEMENT SERVICES
Due to substantial expenses incurred by the Agency with regards to staff, Client agrees not to solicit Agency staff or offer a job to any catering staff that Agency has assigned to Client for one (1) year following the completion of the assignment. Client agrees not to permit or cause Agency catering staff to be hired by another firm for one (1) year following the completion of the assignment without express written permission of the Agency.
4. SERVICE GUARANTEE
Client will allow Agency catering staff to perform the following services at Client's site.
(a) Bar staff will set up a bar to pour beverages and make mixed drinks. Bar staff will be allowed to break down and clean bar station during and immediately following the event. (b) Servers will set up chairs, tables, flatware, utensils and food. Servers will be given space to set up a buffet station and will perform services such as serving food and drinks and cleaning tables. Immediately following the event, servers will be permitted to clean, break down, and stock tables and chairs in the event space. (c) BBQ griller will be permitted to set up a barbecue station outside. BBQ griller services include cooking and warming meat and vegetables, preparing plates and serving guests. In addition, BBQ griller will be permitted to warm food and prepare plates inside. Catering staff may be asked to perform additional services with approval from the Agency. Client is responsible for deciding how many servers, bar staff and BBQ grillers will be required at the event site. (please read Staffing Guidelines).
5. SERVICE LIMITS
Client will not request or knowingly allow catering staff to serve or provide liquor to minors or to the mentally incompetent. Client will assume sole responsibility for verifying that all individuals being served are of legal drinking age. Client also assumes responsibility for monitoring the service of alcohol to intoxicated individuals at the event. Bar staff reserve the right to refuse service to anyone believed to be overly intoxicated, belligerent or without proper proof of age.
Client will not hold Agency responsible for (a) liability and damages incurred as a result of serving alcoholic beverages to a minor or mentally incompetent person and (b) any liability or damages incurred under the Dram Shop Act, General Obligations Law 11-101. Client maintains sole responsibility for all injuries and damages caused by any food or beverage served by catering staff at Client's event site.
Client agrees that none of Agency catering staff will be allowed or required to warm or cook food (with exception of BBQ grillers), clean restrooms, wash utensils or dishes, move tables, chairs and other furnishings up or down stairs, or carry overweight items without an agreement, in writing, from the Agency.
Additionally, each Agency staff member may set up and break down no more than thirty (30) chairs and three (3) tables at any scheduled event.
6. LEGAL
Client will not hold Agency, Agency officers and Agency staff liable against any and all legal claims or attorneys' fees resulting from (a) operation or use by Agency staff of Client-owned or Client-leased vehicles, machinery and equipment, (b) negligence, wrongful acts, false statements or omissions caused by Client, Client agencies, Client's employees or by any other persons, or (c) negligence, wrongful acts, false statements or omissions caused by Agency staff.
7. UNATTENDED PREMISES
Client will not entrust Agency staff with unattended valuables, liquor, cash, checks or premises without an agreement, in writing, from the Agency. Client, Client agencies or any other persons will not hold Agency responsible for claims put forward under its Fidelity Bond unless Client reports claims in writing to Agency and to local police no more than seven (7) days following notice of loss.
8. PAYMENT
Client will pay Agency a deposit of total quoted price when Agency receives confirmation of Client's request for Agency services, plus all overtime fees will be charged to Client's credit/debit card on file upon completion of the client’s event. If client substantially cancel the booking, then 40% of deposit is non-refundable. Remaining 60% will be refunded to the client.
9. INSURANCE
Agency provides a General Liability Insurance (GLI) for Venue upon client's request. Additional fee applies for GLI certificate. Certificate will be valid for two event dates. Client is responsible to provide accurate information regarding their Venue as any changes to GLI certificate are subject to additional fees.
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