Terms & Conditions
ARTICLE I. STAFF
Section 1.01 Pay Rate
(a) Tropical Paradise Shave Ice packages that offer an attendant mean that the staff is included in that package. Additional Tropical Paradise Shave Ice Staffing rate is $50.00 per hour per staff person with a 4 hour minimum for delivery, set-up, operation, dismantle and removal of the Tropical Paradise setup.
(b) Customer will be billed for actual time the staff works an event. 4 hours is just a minimum and not intended as an actual invoice. The above hours are only an estimate, and are not binding on Tropical Paradise Shave Ice in any way.
Choose one and fill out:
(c) I need _______extra attendant(s) for my event @ $50.00 Per Hour each (4 hour min.)
(d) I need only ______ espresso station.
Section 1.02 Terms:
To reserve the Event date a $200.00 non-refundable deposit in order to reserve a Shave Ice Service. To confirm this agreement, return one signed and completed copy of this contact along with the non-refundable deposit of $200.00 within 3 days. The balance is due no later than 14 days prior to the date of the event and can be paid in cash, check, and money order. All checks or money orders should be made payable to Tropical Paradise Shave Ice. There will be a $65.00 fee charged for all returned checks.
Section 1.03 Cancellations of Contract:
This agreement cannot be cancelled, except in writing, by either the Client or Tropical Paradise Shave Ice 21 days prior to the event. If the Client initiates the cancellation, Tropical Paradise Shave Ice will hold the $200.00 non-refundable deposit that can be used towards another date that is booked within 90 days by the Client. Client will hold harmless Tropical Paradise Shave Ice in the event of illness, injury, act of God, or any other situation beyond control of Tropical Paradise Shave Ice that prevents Tropical Paradise Shave Ice from performing.
Section 1.04 Requirements:
Tropical Paradise Shave Ice requires access to the desired set-up area at least 1 Hour prior to the scheduled start time. In addition, 1 Hour is required after the conclusion of the service period for take down and removal (this time does not count toward the 2- 5 hours of cappuccino service time). The Client is responsible for providing a sturdy 6ft wooden banquet table that is level and capable of supporting at least 150 lbs. Client is also responsible for providing two table linens that coordinate with their color scheme. Tropical Paradise Shave Ice requires at least one – 110 volt circuit within 10 feet of the desired set-up area that adheres to contemporary safety standards and supplies at least 20 amps per shave ice station. Once the Shave Ice Station is set up in 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. Tropical Paradise Shave Ice reserves the right to use any picture(s) from the event in advertising, marketing or to show to potential customers as they see fit to use.
ARTICLE II. CUSTOMER AGREEMENT.
Section 2.01 Agreement
(a) Customer agrees and acknowledges that at all times the title and ownership of all rented Cappuccino Equipment shall remain the property of Tropical Paradise Shave Ice. Customer agrees that Tropical Paradise Shave Ice will arrange pickup and delivery of rented shave ice equipment, and staff said rented shave ice equipment during the Rental Period. The Rental Period begins at the time of placement of shave ice equipment, and ends at the time of dismantle.
ARTICLE III. EQUIPMENT RENTED PAYMENT & INSPECTION.
Section 3.01 Payment
(a) Customer agrees to pay the full balance of all the rental, taxes, insurance, damages, repairs and all other charges immediately upon return of each shave ice equipment or the date due to be returned, whichever is earlier? Customers shall compensate Tropical Paradise Shave Ice for any loss it may sustain as a result of customers canceling all or part of an order without Seventy-Two (72) hours prior notice.
ARTICLE IV.CUSTOMER’S RESPONSIBILITIES AND LIABILITIES.
Section 4.01 Liability Insurance Coverage
(a) If shipping the cappuccino equipment, or if the cappuccino equipment is not set up by a representative of Tropical Paradise Shave Ice, Customer agrees to assume full responsibility and liability for the safekeeping and return to Tropical Paradise Shave Ice premises of all shave ice equipment rented under the terms of this Agreement, from the time the shave ice equipment leaves Tropical Paradise Shave Ice premises until it is returned. Customer acknowledges that all rented shave ice equipment is used at Customer’s sole risk and Customer will hold harmless and indemnify Tropical Paradise Shave Ice against any and all claims or liability arising out of the use of the Shave Ice Equipment. Customer has adequate property insurance to fully protect Tropical Paradise Shave Ice against loss, theft or damage arising in connection with the use of Shave Ice Equipment rented under this Agreement.
ARTICLE V. CUSTOMER’S DEFAULT.
Section 5.01 Ability to Terminate Contract
(a) If the Customer shall default on any of the terms, covenants and conditions herein, or fail to punctually make any of the payments hereunder, then and in that event, Tropical Paradise Shave Ice shall have the option of declaring this Agreement terminated, and Tropical Paradise Shave Ice may, without notice or demand, by process of law or otherwise retake possession of rented Shave Ice Equipment. Nothing contained herein shall be construed to bar or prevent Tropical Paradise Shave Ice, in the event of moneys being due it for rental, repair, replacement, or other costs, from suing and recovering the monies due it and from repossessing rented Shave Ice Equipment at the expense of the Customer. Either or all of the foregoing remedies or expressly permitted, consented to and authorized by the Customer.
ARTICLE VI. TAXES
Section 6.01 Reimbursement
(a) Customer agrees to reimburse Tropical Paradise Shave Ice for any state or local taxes, which might be levied upon the use of the rented Shave Ice Equipment while in the possession of Customer.
ARTICLE VII. MISCELLANEOUS
Section 7.01 Acceptance of the fountain by Tropical Paradise Shave Ice
(a) The acceptance of the return of the rented Shave Ice Equipment shall not constitute a waiver by Tropical Paradise Shave Ice of any claims that it may have against the Customer, nor a waiver of claims for damage to a rented Shave Ice Equipment. This Agreement contains the entire agreement and understanding between the parties hereto, including warranties and representations, if any, and may not be amended or modified except in writing, signed by both parties. Time is of the essence of this Agreement.
ARTICLE VIII. LIABILITY ISSUE
Section 8.01 Tropical Paradise Shave Ice shall Not be Liable.
This Agreement and the contents hereof represent the only warranties, express or implied, between the parties, including any implied warranty of merchantability or fitness for the particular purpose and for any other obligation or liability on the part of Tropical Paradise Shave Ice. Tropical Paradise Shave Ice shall not be liable for any injury, loss or damage directly or consequently arising out of the use or inability to use the Shave Ice Equipment, whether used singularly or in conjunction with any other equipment. In the event of litigation all parties agree to mediation first. Any litigation will be restricted to the county of Los Angeles, in the state of California. Client will indemnify Tropical Paradise Shave Ice against, and hold Tropical Paradise Shave Ice 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 shave ice Equipment.