Terms of Service

 

Cancellation


All staff bookings are for a minimum 4hrs per team member at the agreed upon rate.. A cancellation of vendor services  for a scheduled event requires 48hrs advance notice. Any cancellation after the 48hr time frame will be charged a 4 hr minimum per model cancellation fee.


Rain-outs:


Client will not be charged a cancellation fee for any rain-outs or acts of God or nature that forces the cancellation of a scheduled event.


FORCE MAJEURE 


Notwithstanding anything to the contrary in this Agreement, if the provision of staff by Vendor is delayed for any reason beyond its control, including material or labor shortages, inclement weather, strikes, government acts, regulations or permit procedures, Acts of God or nature, or Client’s interference with services, Vendor shall not be in breach of this Agreement. 

No solicitation of Vendor Staff and Placement Services.

(a) Client agrees that Vendor’s staff is critical to the continued success of Vendor’s business, and covenants not to solicit Vendor’s subcontractor staff for hire or accept solicitations from the Vendor’s subcontractor staff for any type of employment, including positions as employees, independent contractors or with a third party used by Client within one (1) year of client’s most recent event at which the Vendor’s staff member worked. Client further agrees that a breach of this section constitutes collusion and fraud on the part of Client and will result in irreparable harm to the Vendor for which damages are incalculable and for which no adequate remedy at law otherwise exists.

(b) Notwithstanding anything in subsection (a) above, should Client or third party utilized by Client employ or contract or wish to employ or contract a member of Vendor’s staff within the one (1) year period described above, Client shall pay Vendor a ‘placement fee’ in the amount of $7,500.00 per staff member of Vendor that is to be or has been employed or contracted by Client.


STANDARD OF CARE 


Vendor warrants that its services shall be performed by personnel possessing competency consistent with applicable industry standards.


Liability 


endor’s liability, including but not limited to Client’s claims of contributions and indemnification related to third-party claims arising out of services rendered by Vendor, and for any losses, injury or damages to persons or properties or work performed arising out of or in connection with this Agreement and/or for any other claim, shall be limited to either (i) what is determined payable by Vendor’s insurance provider or (ii) payment received by Vendor from Client for the particular service provided giving rise to the claim.