Twisted Bar, Inc. Customer Agreement
This Services Agreement (this "Agreement"), dated upon payment (the "Effective Date"), is entered into by and between Twisted Bar, Inc., a limited liability company (hereinafter "Twisted Bar"), and ("Customer"), and together with Twisted Bar, the "Parties", and each a "Party".
WHEREAS, Twisted Bar provides mobile bartender services, virtual and in-person cocktail classes, and rental services; and
WHEREAS, Customer has requested Twisted Bar's services by selecting a package ("Services Package") on the Twisted Bar website:
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Twisted Bar and Customer agree as follows:
1. Services. Twisted Bar shall provide to Customer the services (the "Services") set out in the Services Package, attached to this Agreement as Exhibit A. Twisted Bar shall provide the Services (a) in accordance with the terms and subject to the conditions set forth in the respective Statement of Work and this Agreement; (b) using personnel of required skill, experience, and qualifications; (c) in a timely, workmanlike, and professional manner; and (d) in accordance with generally recognized industry standards in Twisted Bar's field.
2. Twisted Bar Obligations. Twisted Bar shall:
2.1 Provide qualified and legally authorized bartenders or instructors ("Instructor") for the Customer's event, whether virtual or in-person, at the date and time set forth in the Services Package (the "Event").
2.2 Ensure that Twisted Bar:
(a) Provides cocktail recipes, shopping lists, and necessary equipment for classes or events.
(b) Complies with all relevant local, state, and federal alcohol laws and regulations.
(c) Provides any rental items as specified in the Services Package.
3. Customer Obligations. Customer shall:
3.1 Pay all fees set forth in Section 4 related to the selected Services Package.
3.2 Designate one (1) primary contact with respect to this Agreement to act as its authorized representative (“Customer Contract Manager”), with such designation to remain in force until the Event is complete.
3.3 Ensure that all participants in any virtual or in-person classes are of legal drinking age and comply with all relevant laws.
3.4 Provide a suitable space for any in-person events, ensuring adherence to health and safety regulations.
4. Payment Terms. Customer agrees to pay Twisted Bar all fees associated with the chosen Services Package in accordance with the payment schedule set forth in the Services Package.
5. Cancellation Policy. Customer may cancel the Services with written notice per the terms outlined in the Services Package, at which point any deposits or fees will be handled as specified.
6. Limitation of Liability. To the fullest extent permitted by law, Twisted Bar shall not be liable for any indirect, incidental, or consequential damages arising from any services provided, and liability shall be limited to the fees paid for the Services.
7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state in which Twisted Bar operates.
8. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.