PLEASE READ CAREFULLY
1. EVENT CATERING TERMS:
A. PRICES AND SALES TAX: The total cost of the Hookah catering event or rent will be determined by the amount of Hookahs or Packages ordered, plus applicable sales tax and other charges described below, or the “Minimum Charge” described below, whichever is higher. Appendix A sets forth the current Hookah menu available for the event and corresponding prices.
B. MINIMUM CHARGE & GUARANTEE: The “Minimum Charge” or “Guarantee” is $150.00 before sales tax. Based on the items ordered as indicated on Appendix A, the estimated total cost of your Hookah Catering event is $___________, plus applicable sales tax.
C. SERVICE TIME: The “Minimum Charge” of $150.00 entitles you to 2 hours of service time (in addition to set up/breakdown time) for an event ending at or prior to 9pm. If more than 2 hours of service time is needed or if your event will end after 9pm, prior arrangements must be made, and Hookah Fly may assess a surcharge of $100.00 per hour. As service time is based on your total minimum order, any changes to your order quantities may also affect your service time.
D. MILEAGE SURCHARGE: The price of your order includes gas and mileage up to a total 20 miles round trip. If your catering event is located more than 10 miles (one-way) from the Hookah Fly location at Westfield Mall Culver City, 6000 Sepulveda Blvd, Culver City, CA 90230, a mileage surcharge of $2.00 per mile will be assessed and added to the cost of your Hookah catering event.
F. CANCELLATIONS: All cancellations must be made within 24 hours prior to the event day. If the cancellation is made less than 24 hours from the scheduled event date the deposit amount will be billed. If the cancellation is made the day of the event, the fullguarantee number will be billed.
G. CHANGES:You may request changes to the date, time and/or location of the Hookah catering event or to the menu items ordered, provided that your request is made at least 2 days in advance of the originally scheduled date. Due to Hookah Fly commitments to personnel, suppliers and other customers of the Hookah Fly Catering & Rent, no changes may be made less than 2 days prior to the originally scheduled event date.
H. UNAVAILABILITY OF SERVICE: If the Hookah Fly Service Truck is unavailable for the event due to damage, accident, equipment failure, emergency maintenance, lease termination or similar cause, Hookah Fly will use commercially reasonable efforts to service the event using temporary burning coals equipment, tables and other mobile catering facilities.
I. CLIENT’S OTHER RESPONSIBILITIES:You are responsible for all city, county or other permits or licenses required to smoke Hookah for the catering event at your site. You are also responsible for ensuring that there are sufficient trash collection bins at the site and that all trash is collected at the event.
2. TERMS OF PAYMENT:
A. DEPOSIT: A deposit equal to 50% of your total estimated charge for the Hookah Catering Event is required no later than 24 hours prior to the date of the event. Deposits are non-refundable if event is canceled less than 24 hours from the scheduled event date. The receipt of your deposit by Hookah Fly will confirm the reservation of your Hookah catering event, and must be received by the due date above for your reservation to be held. The full amount of the deposit will be credited against the total charges for the catering event. We accept all major Credit Cards: MasterCard, VISA, American Express and Discover credit cards or Cash (if agreed by Hookah Fly Company).
B. BALANCE DUE: Final payment must be made on the day of your event, by Check, Credit Cards: VISA, MasterCard, Discover or American Express credit card, or Cash (if agreed by Hookah Fly). The Hookah Fly staff will issue a final itemized billing indicating the amount of Hookahs or Packages ordered and the amount of total charges to be billed for services, less any deposits or prior payments. If your total order is less than the Minimum Charge indicated above, you will be billed the Minimum Charge.
3. REQUIREMENTS AND LAWS:
A. Minimum Age:In compliance with United States Health Department, Hookah Fly will not serve any persons under the age of 18. All participants are required to have a valid US ID.
1.1. Smoking Shisha contains some amounts of nicotine (unless it’s nicotine free tobacco). Smoking Hookah can be hazardous to your health. The participant certifiesthe knowledge of tobacco products and their health effects as well as the client’s responsibility for their guests/those participating in smoking at the client’s event. The client will not hold liable Hookah Fly or any of its associates for the side effects of smoking tobacco or any other related issues.
1.2. Client will be responsible for providing own Tobacco and Coals. Hookah Fly Does Not Sell Tobacco. The Certified Hookah Tobacco and coals provided with your Hookah Rental is provided Free of Charge Courtesy of Hookah Fly Catering & Rent Company.
1.3. Hookah Fly Hookahs are designed to smoke Hookah Tobacco Only. Smoking any other substance in our Hookahs is not allowed and will constitute as damage to Hookah and you will forfeit your Security Deposit.
4. INSURANCE AND INDEMNIFICATION REQUIREMENTS:
A. VALID INSURANCE: Prior to the event, you are required to provide a Certificate of Insurance,or a copy of homeowners’insurance policy indicating that liability insurance is in place for the property where event is to be held.
B. RESPONSIBILITY: You agree that Hookah Fly shall not be liable for any claims, losses, liabilities, or expenses relating to the event for any amount in excess of the fees paid by you to Hookah Fly pursuant to this Agreement, except to the extent finally judicially determined to have resulted from the gross negligence, bad faith, or intentional misconduct of Hookah Fly.
5. LIMITATION OF LIABILITY
A. EQUIPMENT FAILURE: Client shall be responsible for, and reimburse Hookah Fly, for any and all damages to Hookah Fly’s equipment that results from clients, or Client’s guests, invitees, agents, or associates’negligence or willful misconduct at the event. Hookah Fly reserves the right to terminate all services during the event, if any activities or conditions are present that may cause damage to Hookah Fly’s equipment.
B. INSPECTION: You acknowledge that you have examined the rented property prior to taking possession and that they are in good working condition, except for any defect specifically noted on this Rental Agreement, and determined that it is suitable for Your needs.
C. DISCLAIMER OF WARRANTIES: We are not the manufacturer of the rented property nor are we the agent of the manufacturer and we make no warranty against interference, merchantability or fitness for any particular purpose. There is no warranty or representation that the rented property is not fit for your particular use, or that it is free from latent defects. There are no warranties which extend beyond the face of this agreement. We will not be responsible to You or to any third party for any loss, damage, or injury resulting from use of, or any failure of, the rented item. We will not be responsible for any defect or failure of the rented property unknown to us. Your sole remedy for any failure of or defect in the rented property is termination of the rental charges at the time of failure, provided that you notify us immediately of such failure.
D. EQUIPMENT AND SUPPLIES: The catering department does not sell, rent, or loan equipment or supplies. All catered events come complete with the necessary supplies and equipment. However, Client agrees, shall provide, or notify the event location of Hookah Fly’s need for a minimum of two (2) unused and working standard AC power outlets, on independent circuits.
6. DELIVERY AND PICK-UP:Delivery and pickup shall be at our convenience. We agree to have rented property set up and/or delivered by the agreed date and time. You grant us (our agents and employees) the right to enter your premises for the sole purpose of delivery, installation, service during the event, and pickup of our rented property.
7. FORCE MAJEURE:Hookah Fly will be excused from the performance of this Agreement in whole or in part if the performance by Hookah Fly of any of its material obligations under this Agreement is prevented by operation of law or any cause beyond the reasonable control of Hookah Fly, including without limitation fire, flood, disruption of transportation (but not the failure of a party to reasonably anticipate possible transportation delays), earthquake, public disaster, strike, labor dispute or unrest, accident, breakdown of electrical or other equipment, riot, war, insurrection, civil unrest, Act of God, any act of any legal or governmental authority (all of which causes are referred to as "events of force majeure"). If the event is cancelled or curtailed because of the occurrence of any of the foregoing events of force majeure, and the event is not rescheduled, Hookah Fly shall remit the full portion of the deposit less any out-of-pocket costs incurred by Hookah Fly in connection with the cancelled or curtailed event.
8. MISCELLANEOUS:This Agreement constitutes the entire Agreement between the parties and supersedes any and all prior offers, negotiations and agreements. Only a written agreement executed by the parties shall modify this Agreement. If any provision of this Agreement is declared invalid, the remaining provisions shall remain in full force and effect. The section and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
9. CONFIRMATION: ALL CATERED EVENTS WILL NOT BE CONFIRMED UNTIL A COPY OF THIS AGREEMENT IS SIGNED AND RETURNED TO MANAGEMENT OF HOOKAH FLY CATERING & RENT. The confirmation should be received no later than an hour prior to the event. An event that is not confirmed runs the risk of service not beingguaranteed