For the purpose of this agreement:
- “Agreement”: The agreement between our parties creating mutual obligations enforceable by law.
- “Appendix”: The document attached to the Agreement containing relevant information regarding the Agreement.
- “Company”: Company providing specific services to clients.
- “Client”: Person or company that employs or retains the above mentioned Company
- “the Parties”: Company and Client.
A. Company has experience and expertise in the catering and food distribution field.
B. Client desires to have Company provide the services below described as outlined in the Appendix attached herein.
In consideration of the mutual covenants set forth in this Agreement, Company and Client agree as follows:
1. Company’s Services. Client engages Company’s services to perform the following services with regards to each Event: i) selling Italian ice; ii) Providing spoons, cups and napkins.
2. Company’s obligations. Company acknowledges and agrees to provide client a donation, based upon the percentage of sales, following each fundraiser, if 50 or more sales are made. If there are 49 or less sales made, the company will not provide a donation.
3. Payment. The Parties agree to the following Payment and Payment Terms:
Payment (Pay as you go): Individual customers (guests) will be providing payment as they consume the ice. No bill is due at the end of the fundraiser.
Deposit: There is no deposit required for fundraisers.
Catering fee: The catering fee is waived for fundraisers.
4. Permits and licenses. Client acknowledges and agrees to obtain all the necessary administrative zoning permits in order to avail Company in connection with their services whenever Company will have to operate within restricted zoning areas.
Company will perform their services using a truck and/or a cart, and therefore, warrants, acknowledges and agrees to provide Client insurance policy and food and beverage license.
5. Dispute Resolution and Legal Fees. In the event of a dispute arising out of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
By Client. Client may cancel this Agreement up to fifteen days prior to the Fundraiser, provided there is written notice.
By Company. Company may cancel this Agreement up to fifteen days prior to the Fundraiser, provided there is written notice.
7. Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
8. Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Agreement.
9. Limitation of Liability. Notwithstanding anything in this Agreement to the contrary, neither Party shall have any liability under this Agreement, for: (y) any punitive or exemplary damages, or (z) any special, consequential, incidental or indirect damages, including lost profits, lost data, lost revenues and loss of business opportunity, whether or not the other Party was aware or should have been aware of the possibility of these damages.
10. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Agreement shall be brought only in the state courts of Florida. The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens.
11. Appendix. Client will fill in a form on the website www. Domi-ice.com which will constitute the Appendix to this Agreement as an integral part of this Agreement.
12. Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.
The Parties agree to the terms and conditions set forth above as demonstrated by the company’s signature and the client’s electronic acknowledgement and agreement.
Signed: Domi Italian Ice LLC______