1. The parties making the booking will be referred to as the "Client" and Provider of the services
Cosmo Events LTD will be referred to as the "Contractor".
2. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
1. SERVICES PROVIDED
1. The Client hereby agrees to engage the Contractor to provide the Client with the following services (the "Services"):
▪ Supply of Full Unlimited Bar Service; and
▪ Extras as specified on the booking form.
2. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
2. TERM OF AGREEMENT
1. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full
force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement.
The Term may be extended with the written consent of the Parties.
2. In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 30 days' written notice to the other Party.
1. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
1. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.
5. PAYMENT AND DEPOSIT
1. The Contractor will charge the Client for the Services as follows (the "Payment"):
▪ The cost of the selected package and extras as selected by the client.
▪ All bookings will be valid and confirmed on the receipt of payment of the deposit to The Contractor.
2. To confirm a booking, the client must make a payment of a nonrefundable deposit of 50% either by electronic transfer, payment card or cash payment.
3. Payment by Cheque is accepted BUT the Booking will be confirmed after the funds have cleared into the Contractors bank account, allow 5 working days.
4. The remaining balance is due 7 days before the event, via acceptable payment methods listed above.
5. If paying by cash we require a 50% deposit at the time of booking and the remaining 50% by 3 days prior to the event.
6. The Contractor will not be held responsible for the availability of a date requested by the client or carrying out any services if no deposit has been paid, or if the final payment date has passed without payment as per terms of this agreement.
7. Invoices submitted by the Contractor to the Client are due within three days of receipt unless otherwise stated in writing and agreed by both parties.
6. REIMBURSEMENT OF EXPENSES
1. The Contractor will be reimbursed for time for any additional expenses incurred by the Contractor in connection with providing the Services.
The Contractor will only be reimbursed for expenses submitted according to the guidelines of the services offered:
▪ Any additional hours provided that were not agreed in the contract or included at the time of booking must be paid on the day of the event before the end of the event. The cost for extra hours as listed under the packages selected.
7. OWNERSHIP OF INTELLECTUAL PROPERTY
1. All intellectual property and related material (the "Intellectual Property") that is developed or produced under this Agreement,
will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property.
2. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.
8. RETURN OF PROPERTY
1. In the event that this Agreement is terminated by the Client prior to completion of the Services the Contractor will be entitled to recovery from the site or premises where the Services were carried out, of any materials or equipment which is the property of the Contractor or, where agreed between the Parties, to compensation in lieu of recovery.
9. CAPACITY/INDEPENDENT CONTRACTOR
1. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
10. RIGHT OF SUBSTITUTION
1. Except as otherwise provided in this Agreement, the Contractor may, at the Contractor's absolute discretion, engage a
third party subcontractor to perform some or all of the obligations of the Contractor under this Agreement and the Client
will not hire or engage any third parties to assist with the provision of the Services.
2. In the event that the Contractor hires a sub-contractor:
▪ the Contractor will pay the sub-contractor for its services and the Compensation will remain payable by the Client to the Contractor.
▪ for the purposes of the indemnification clause of this Agreement, the sub-contractor is an of the Contractor.
1. Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor's own expense, any and all tools, machinery, equipment, raw materials, supplies, work wear and any other items or parts necessary to deliver the Services in accordance with the Agreement.
1. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the address provided by the Client.
13. TERMS OF SUPPLY OF ALCOHOL
1. Alcohol Laws and Supply
▪ It is illegal for anyone under the age of 18 to purchase, attempt to purchase or consume alcohol at the event. We would suggest that anyone who looks or could be thought to be under the age of 21 brings photographic ID/proof of age with them or we will not be able to serve them.
▪ We will refuse to serve anyone at the event who is or appears to be excessively drunk or uses threatening or abusive behaviour towards staff, customers or other guests.
▪ We will also refuse to serve anyone who attempts to be served or purchase alcohol for someone under the age of 18 or someone who has previously been refused alcohol by the bar staff.
▪ The decision on such matters will be taken by the bar staff and will be final. The bar staff reserve the right to close the bar at any time if in their opinion unruly or troublesome behaviour has arisen or is likely to arise within the venue or its environs.
2. The Contractors
a. Be the sole provider of all beverages at the event unless previously agreed in writing. It will not be permitted for anyone to consume their own drinks at the event unless agreed beforehand in writing.
b. Bar opening times will be subject to approval by the relevant authorities.
c. Supply all equipment, staff and drinks d. Will require Sufficient access (including loading access) to the venue prior to the start of the event to provide and assemble the required goods and equipment with sufficient time between the closing of the bar and having to vacate the venue to enable all goods and equipment to be dismantled, removed and loaded into waiting vehicle/s. Disclaimer ¡ The Contractor accept any liability for any failure to provide our services due to an 'Act of God,' i.e. circumstances beyond our control, (including flooding, fire, severe traffic congestion, car accidents or any foul weather conditions). A full refund of the booking fee will be given in such event. ¡ The contractor supplies a vast selection of drinks. However, if one drink selection has been discontinued, we may occasionally run out or need to replace with similar in quality and price. If you are aware that your guests require an extensive amount of one drink type, please notify us in writing and we will attempt to increase stock levels to accommodate your requirements.
14. MODIFICATION OF AGREEMENT
1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
1. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
16. GOVERNING LAW
1. This Agreement will be governed by and construed in accordance with the laws of England.
1. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.