ARTICLE I. STAFF

Section 1.01 Pay Rate

(a) Cappuccino on Call packages that offer an attendant means that the staff is included in that package. Additional Cappuccino On Call Staffing rate is $50.00 per hour per staff person with a 4 hour minimum for delivery, set-up, operation, dismantle and removal of the Cappuccino setup.

(b) Customer will be billed for actual time the staff works an event. 4 hours is just a minimum and not intended as an actual invoice. The above hours are only an estimate, and are not binding on Cappuccino On Call in any way.

Choose one and fill out:

(c) I need _______extra attendant(s) for my event @ $50.00 Per Hour each (4 hour min.)

(d) I need only ______ espresso station.>

Section 1.02 Terms:

To reserve the Event date a $200.00 non-refundable deposit in order to reserve a Cappuccino Service. To confirm this agreement, return one signed and completed copy of this contact along with the non-refundable deposit of $200 .00 within 3 days. The balance is due no later than 14 days prior to the date of the event and can be paid in cash, check, and money order. All checks or money orders should be made payable to Cappuccino On Call. There will be a $35 fee charged for all returned checks.

Section 1.03 Cancellations of Contract:

This agreement cannot be cancelled, except in writing, by either the Client or Cappuccino On Call 21 days prior to the event. If the Client initiates the cancellation, Cappuccino On Call will hold the $200.00 non-refundable deposit that can be used towards another date that is booked within 90 days by the Client. Client will hold harmless Cappuccino On Call in the event of illness, injury, act of God, or any other situation beyond control of Cappuccino On Call that prevents Cappuccino On Call from performing.

Section 1.04 Requirements:

Cappuccino On Call requires access to the desired set-up area at least 1 Hour prior to the scheduled start time. In addition, 1 Hour is required after the conclusion of the service period for take down and removal (this time does not count toward the 2- 4 hours of cappuccino service time). The Client is responsible for providing a sturdy 6ft banquet table that is level and capable of supporting at least 150 lbs. Client is also responsible for providing two table linens that coordinate with their color scheme. Cappuccino On Call requires at least one – 110 volt circuit within 10 feet of the desired set-up area that adheres to contemporary safety standards and supplies at least 20 amps per espresso station. Once the Cappuccino Setup has been set up in the desired location, it cannot be moved during the event. Client accepts full responsibility and is liable for any damages, injuries or delays that occur as a result of failure to comply with these provisions. Cappuccino On Call reserves the right to use any picture(s) from the event in advertising, marketing or to show to potential customers as they see fit to use.

ARTICLE II. CUSTOMER AGREEMENT.

Section 2.01 Agreement

(a) Customer agrees and acknowledges that at all times the title and ownership of all rented Cappuccino Equipment shall remain the property of Cappuccino On Call. Customer agrees that Cappuccino On Call will arrange pick up and delivery of rented cappuccino equipment, and staff said rented cappuccino equipment during the Rental Period. The Rental Period begins at the time of placement of cappuccino equipment, and ends at the time of dismantle.

ARTICLE III. EQUIPMENT RENTED PAYMENT & INSPECTION.

Section 3.01 Payment

(a) Customer agrees to pay the full balance of all the rental, taxes, insurance, damages, repairs and all other charges immediately upon return of each cappuccino equipment or the date due to be returned, whichever is earlier? Customers shall compensate Cappuccino On Call for any loss it may sustain as a result of customers canceling all or part of an order without Seventy-Two (72) hours prior notice.

ARTICLE IV.CUSTOMER’S RESPONSIBILITIES AND LIABILITIES.

Section 4.01 Liability Insurance Coverage

(a) If shipping the cappuccino equipment, or if the cappuccino equipment is not set up by a representative of Cappuccino on Call, Customer agrees to assume full responsibility and liability for the safekeeping and return to Cappuccino on Call’s premises of all cappuccino equipment rented under the terms of this Agreement, from the time the cappuccino equipment leaves Cappuccino on Call’s premises until it is returned. Customer acknowledges that all rented cappuccino equipment is used at Customer’s sole risk and Customer will hold harmless and indemnify Cappuccino on Call against any and all claims or liability arising out of the use of the Cappuccino Equipment. Customer has adequate property insurance to fully protect Cappuccino On Call against loss, theft or damage arising in connection with the use of Cappuccino Equipment rented under this Agreement.

ARTICLE V. CUSTOMER’S DEFAULT.

Section 5.01 Ability to Terminate Contract

(a) If the Customer shall default on any of the terms, covenants and conditions herein, or fail to punctually make any of the payments hereunder, then and in that event, Cappuccino On Call shall have the option of declaring this Agreement terminated, and Cappuccino On Call may, without notice or demand, by process of law or otherwise retake possession of rented Cappuccino Equipment. Nothing contained herein shall be construed to bar or prevent Cappuccino On Call, in the event of moneys being due it for rental, repair, replacement, or other costs, from suing and recovering the monies due it and from repossessing rented Cappuccino Equipment at the expense of the Customer. Either or all of the foregoing remedies or expressly permitted, consented to and authorized by the Customer.

ARTICLE VI. TAXES

Section 6.01 Reimbursement

(a) Customer agrees to reimburse Cappuccino On Call for any state or local taxes, which might be levied upon the use of the rented Cappuccino Equipment while in the possession of Customer.

ARTICLE VII. MISCELLANEOUS

Section 7.01 Acceptance of the fountain by Cappuccino On Call

(a) The acceptance of the return of the rented Cappuccino Equipment shall not constitute a waiver by Cappuccino On Call of any claims that it may have against the Customer, nor a waiver of claims for damage to a rented Cappuccino Equipment. This Agreement contains the entire agreement and understanding between the parties hereto, including warranties and representations, if any, and may not be amended or modified except in writing, signed by both parties. Time is of the essence of this Agreement.

ARTICLE VIII. LIABILITY ISSUE

Section 8.01 Cappuccino On Call shall Not be Liable.

This Agreement and the contents hereof represent the only warranties, express or implied, between the parties, including any implied warranty of merchantability or fitness for the particular purpose and for any other obligation or liability on the part of Cappuccino On Call. Cappuccino On Call shall not be liable for any injury, loss or damage directly or consequently arising out of the use or inability to use the Cappuccino Equipment, whether used singularly or in conjunction with any other equipment. In the event of litigation all parties agree to mediation first. Any litigation will be restricted to the county of Los Angeles, in the state of California. Client will indemnify Cappuccino On Call against, and hold Cappuccino On Call harmless from all claims, actions, proceedings, costs, damages and liabilities, including attorney fees, arising out of, connected with, or resulting from the use of The Cappuccino Equipment.