Terms & Conditions Agreement Form

Catering Services Agreement Terms & Conditions

1. Relationship of Parties. The parties acknowledge and agree that EWC’s relationship with Client is intended to be one of client and independent contractor, and that nothing herein shall be construed as creating an employment or other relationship. EWC acknowledges and agrees that EWC will be solely responsible for reporting and paying all taxes, interest and penalties on all payments made under this Agreement and further agrees to indemnify and hold Client harmless with respect to any such taxes, interest or penalties that may be assessed.
2. Non-Exclusivity. EWC may provide services to other persons or entities.
3. Termination. Client or EWC may terminate this Agreement upon at least twenty (20) business days written notice prior to the Event Date, after which neither party will have any further obligation under the Agreement.
4. Term. The term of this Agreement will commence on the Effective Date and expire upon the earlier of the completion of the Catering Services or the termination in accordance with the Agreement.
5. Arbitration. Any controversy, dispute or claim between the parties shall be settled by binding arbitration, at the request of either party. Arbitration shall be conducted under and governed by the Commercial Arbitration Rules (the “Arbitration Rules”) of the American Arbitration Association (the “AAA”) and the Federal Arbitration Act. All arbitration hearings shall be conducted in Boone, North Carolina.
6. Limitation of Liability. THE PARTIES SHALL NOT BE LIABLE FOR, AND THE PARTIES HEREBY WAIVE AND RELEASE ANY CLAIMS AGAINST THE OTHER FOR, ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES AND LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED ON CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
7. Media Release. EWC or any party designated by EWC may photograph or film the Event and use any and all such photos or videos for promotion, sales, publicity and advertising purposes for use in all media, including but not limited to social media and the internet.
8. Intellectual Property. This Agreement does not grant Client any right or interest in the EWC’s trade name, trademark, copyrights or any other intellectual property rights owned by EWC.
9. Severability. If any provision or any part of any provision of these terms and conditions is held by a court of competent jurisdiction to be unenforceable, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law and the remaining provisions of these terms and conditions shall remain in effect.
10. Waiver. No failure or delay on the part of a party in exercising any right, power or privilege hereunder and no course of dealing between the parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any other rights or remedies which a party would otherwise have at law or in equity or otherwise.
11. Entire Application. These Terms and Conditions combined with the Agreement contains the entire agreement between the parties with respect to the transactions contemplated herein, and supersedes all prior oral or written commitments, understandings or agreements with respect to the matters provided for herein and therein. All provisions of these Terms and Conditions shall remain in effect throughout the Term unless the parties agree, in a written document signed by both parties, to amend, add or delete any provision. No oral amendments are permitted.
12. Applicable Law. This Application, the rights and obligations of the parties hereto, and any claims or disputes relating thereto, shall be governed by and construed in accordance with the laws of the State of North Carolina.