This Bartending Contract (the "Contract") is entered into on (the "Effective Date") by and between:
, an individual having their usual place of living at (the "Bartender"), and
, an individual having their usual place of living at (the "Client"), collectively referred to as the "Parties" and individually as the "Party".
WHEREAS the Bartender has expertise in bartending services, and the Client wishes to obtain such services.
NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, and upon other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties have agreed as follows:
SUBJECT OF THE CONTRACT. The Bartender agrees to provide the Client with the following services (the "Services"):
The Bartender must provide the Services in good faith until completion, adhering to industry standards and specifications. The Bartender undertakes to maintain open communication, provide high-quality Services, and promptly address the Client's requests. The changes in the Services must be mutually agreed upon, and the involvement of subcontractors is not allowed without obtaining prior written consent from the Client.
PERFORMANCE OF THE SERVICES. The Services shall be performed according to the fixed schedule on:
(collectively referred to as the "Service Date"). The Services shall be provided at the , .
The Bartender shall provide all necessary equipment to guarantee the quality performance of the Services and ensure that all equipment is in good working condition and free from defects.
PAYMENT TERMS. The Client agrees to pay the Bartender a fixed amount of for the Services provided under this Contract (the "Compensation"). The Compensation must be paid in full within days after the Completion of the Services (the "Due Date").
Deposit. The Client undertakes to pay the Bartender a deposit of (the "Deposit") within days after the Effective Date. The Deposit is non-refundable, except in case of termination of the Contract by the Bartender without cause or by either Party due to force majeure, or in case of termination of the Contract by cause if the Bartender fails to perform obligations following the terms of this Contract. In the specified termination scenarios, the Bartender shall return the Deposit to the Client within days after the termination date.
Overtime. If the Services require the Bartender to work overtime, the Client shall compensate the Bartender at the rate of per hour.
The Compensation covers all expenses related to the Services provided by the Bartender. All expenses associated with the provision of the Services, including travel, accommodation, and meals, are the sole responsibility of the Client unless otherwise agreed upon in writing by both Parties.
All payments shall be made on or before the Due Date by cash.
The Bartender is responsible for paying all taxes and other fees imposed by federal, state, and local governments on the Compensation paid to the Bartender under this Contract.
The Client is responsible for paying all taxes and other fees imposed by federal, state, and local governments on the Client's activity under this Contract.
CANCELLATION POLICY. Any cancellation made by the Client after a period of days before the agreed-upon Service Date shall result in full payment for the canceled Services.
If the cancellation is initiated by the Bartender without cause, all payments made to the Bartender shall be fully refunded, including the Deposit if it has been paid, and the Bartender shall pay the Client a penalty of . All refunds shall be paid out days before cancellation by the payment method specified in the payment terms clause.
In case of cancellation of this Contract, neither Party shall be liable to the other Party for any indirect, incidental, or punitive damages, and each Party shall be responsible for covering all costs associated with the cancellation of the Contract.
TERM AND TERMINATION. This Contract shall commence on the Effective Date and shall continue until unless terminated earlier following the terms of this Contract.
Either Party may terminate this Contract without cause upon providing -day prior written notice. This Contract may be terminated immediately for cause if either Party fails to perform following the terms of this Contract. In addition, either Party may terminate this Contract immediately upon written notice to the other Party if the other Party becomes insolvent or files for bankruptcy.
Upon termination of this Contract, the Client shall pay the Bartender for all Services provided by the Bartender on the termination date.
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered personally or by certified mail, return receipt requested, to the address outlined in the opening paragraph or to such other address as one Party may have furnished to the other in writing, or to emails set forth below:
If to the Client: ;
If to the Bartender: .
Either Party may change the registered mail or email address for receipt of notices by giving written notice to the other Party. The notices shall be deemed received on the day of delivery if sent by hand or courier service or after a period of business days from the date of posting if sent by registered mail or email.
RELATIONSHIP OF THE PARTIES. The Parties are independent contractors. Nothing in this Contract or the course of its performance shall be interpreted to create an employment, agency, joint venture, or partnership relationship between the Bartender and the Client.
GOVERNING LAW AND DISPUTE RESOLUTION. This Contract shall be governed by and interpreted under the laws of the State of , and any disputes resulting from or related to this Contract shall be exclusively resolved by the courts of the State of .
CONFIDENTIALITY. The Parties agree to keep all information, including but not limited to the sensitive information disclosed during this Contract, confidential and not to share such information with any third party unless required by law. The Parties agree not to use the confidential information for any purpose other than what is necessary to fulfill their obligations under this Contract. This confidentiality clause shall remain in effect after the termination or expiration of this Contract.
FORCE MAJEURE. Neither Party shall be liable for any failure to perform or delay in performing the obligations under this Contract if such failure or delay is caused by events of force majeure, including but not limited to acts of God, war, terrorism, strikes, lockouts, labor disputes, pandemics, epidemics, governmental regulations, or any other similar causes beyond the reasonable control of the affected Party.
In the case of force majeure, the affected Party shall immediately notify the other Party in writing and provide reasonable proof of the cause of the delay or inability to perform the obligations. The Party affected by force majeure shall endeavor to mitigate the consequences of such circumstances and resume the performance of obligations as soon as possible after the circumstances cease to exist.
If the force majeure circumstances last more than days, either Party may terminate this Contract by giving written notice to the other Party. In this case, neither Party shall be liable to the other Party for any damages arising from the termination of this Contract.
SEVERABILITY. The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract.
ASSIGNMENT. Neither Party may assign or transfer this Contract without obtaining prior written consent from the non-assigning Party, which approval shall not be unreasonably withheld.
ENTIRE AGREEMENT. This Contract is the complete and exclusive agreement between the Parties with respect to the subject matter hereof, superseding any prior agreements and communications, both written and oral, regarding such subject matter.
WAIVER. The failure of any Party to enforce a particular provision of this Contract shall not constitute a waiver of their right to enforce that provision in the future.
AMENDMENTS. This Contract may only be modified, or any rights under it waived, by a written document executed by both Parties.
BINDING EFFECT. This Contract shall be binding for the Parties and their respective permitted successors and assigns.
IN WITNESS WHEREOF, the Parties have executed this Contract in as of the Effective Date.
|
THE BARTENDER |
THE CLIENT |
, ,
_____________________ (Place for signature)
|
, ,
_____________________ (Place for signature)
|