Cakewalk Events LLC: Altar & Aisle Decor Services - Terms and Conditions
PART I - Terms and Definitions
ALTAR & AISLE DECOR RENTAL TERMS & CONDITIONS
This Agreement is between Cakewalk Events, LLC, a Missouri limited liability corporation,
and its successors and assigns (“Cakewalk”) and the undersigned Client (“Client”).
For clarity, all references to “us” (and similar words such as “we” and “our”) mean CAKEWALK EVENTS LLC, (regardless if they are capitalized), and all references to “you” mean the individual making the booking (regardless if the word is capitalized). ALTAR & AISLE DECOR (“A&A”) will refer to the decor (“Decor”) provided by that separate business called Altar & Aisle, but procured and serviced by Cakewalk Events LLC.
Venue
Your rental of the A&A Decor will be available to you at either one of our venues or at your venue.
Decor Rental Includes
• 7 Ft Triangle Arch with Faux Flower & Foliage Swags
• 4 Floor Lanterns with Candles, Faux Flowers & Foliage + Flameless candles
• Set of 3 “Boho” Rug Aisle Runners
• Delivery & Set-Up/Tear Down
• Includes Delivery up to 20 Miles from The Country Club Plaza
Vendors
Vendor(s) (“Vendor(s)”) may include an independent contractor to set up the decor at your venue.
Vendor’s Responsibility
While Cakewalk will make all reasonable attempts to contract with high quality Vendors, Cakewalk is not responsible for the behavior, tardiness, schedule, appearance, products, or services provided by Vendors.
CAKEWALK EVENTS LLC TERMS & CONDITIONS
Thank you for booking the Altar & Aisle Decor Package serviced by Cakewalk Events LLC!
By booking the Decor, you are agreeing to these Decor Rental Terms & Conditions (the “Terms”).
DECOR RENTAL BOOKINGS & AVAILABILITY
General
Subject to these Terms, we grant you, your vendors, and your guests, the limited right to access and use the Décor during the times you selected when making your rental (the “Rental Period”). We shall remain the owner of the Décor at all times.
Decor
Refers to the listed items above in the terms section of the contract
Delivery & Setup
All rentals include delivery, setup, teardown, and pickup. After booking your rental, we will coordinate the exact time windows with you (usually via email), however we shall not be required to perform any services in this paragraph at times outside of our normal operating hours.
You must ensure that we have access and permission to enter the venue where the Décor will be used and to set up the same, as well as access and permission to enter the venue at a later time to tear down and pick up the Décor, at the times agreed to between you and us. Additionally, you must ensure that there are no other fixtures, furniture, or other equipment in the venue which will restrict our ability to set up or teardown the Décor. We shall not be liable for any failure to perform any services required of us in these Terms due to your or any third party’s breach of this paragraph.
NOTE: Our times are set up no earlier than 10am and tear down no later than 10pm. If requesting a tear down later than 10pm, the decor will have to remain
IN PLACE, until the next morning at 10am. We do not allow you to move the decor in any way. To do so may cause damage which you will be responsible to repair or replace.
Service Area
Our service area includes up to 20 Miles from the Country Club Plaza in Kansas City, MO.
Bookings for Decor to be used outside of the service area requires prior approval with an additional delivery & pickup fee agreed upon by you and us.
Modifications to the Décor
Except as otherwise permitted by us in writing, you may not (a) remove the Décor from the venue or move any Décor within the venue; or (b) do anything to change the shape, character, quality, or other characteristics, of the Décor. You may not allow any person to use or operate the Décor who is not qualified or who has not received and understands the safety and operating instructions for the same. You must comply with all applicable laws and venue rules which apply to the use of the Décor.
Changes
You may not make changes to your booking without our written consent. If you request a change to your Decor Rental more than 14 days prior to your Rental Date, then we will attempt to reschedule your booking, but we are not required to do so. If your booking is rescheduled pursuant to this paragraph, then we will apply all of your prior payments to the rescheduled booking.
PAYMENT
Rental Fees
By making a booking, you are agreeing to pay us all Decor Rental fees and other expenses described during the booking process (the “Rental Fees”).
Deposits & Payment Schedules
All deposits are strictly non-refundable.
Rush Bookings
If you book within three months of the Event Date, or within 14 days of the Rental Date, then we may require you to pay all required deposits at the time of booking based on the number of days until your Rental Date.
Additional Payment Terms
In all cases, the deposits will be applied to your total Rental Fees and are non-refundable and non-transferable except as otherwise provided in these Terms or by us in writing. If you fail to make any payment to us when due, then we may cancel your booking without any liability to you. You shall promptly pay all sales, use, excise, and any other taxes and license fees which are required to be paid by you in connection with your booking to all governmental and licensing authorities and, at our request, provide evidence of such payment to us.
DECOR USAGE AND RENTAL RULES
Deliveries
We will not deliver outside our 20 mile radius (beyond the Country Club Plaza) without charging an additional delivery fee which will be determined at the discretion of our contractor/ delivery driver.
Weather Limitations and Terrain Conditions
We will not set up the decor in the rain/sleet/ wind storm, etc if we deem any person or the decor will be harmed. We will not lay rugs in mud/ dirt/ rocky terrain that will damage or soil the decor. We reserve the right to alter our initial plan of set up in the case of these conditions upon arrival at the venue for setup. We cannot move the decor to a second location once it is set up.
We will not allow the client to take down or move the decor unless specifically directed to do so.
Our Property
Damage and theft of Venue Property
You are liable for any damage caused (whether by the deliberant, negligence, or reckless act) to the Decor caused by you or any person in your party whether or not they are part of the event during your rental or event. Cakewalk Events LLC and Altar & Aisle have the right to charge the credit /debit card/cash in such amounts as it shall in its sole discretion deem necessary to compensate or make good the cost or expenses incurred or suffered by Cakewalk Events LLC and Altar & Aisle as a result of the aforesaid. Should this damage come to light after the decor has been returned, we reserve the right to contact you and hereby authorize us to charge your payment for any damage incurred to the Decor or our property during your rental or event, including and without limitation for all property damage, missing or damaged items, smoking fee, cleaning fee, guest compensation, etc. We will make every effort to rectify any damage internally prior to contracting a specialist to make the repairs, and therefore will make every effort to keep any costs that the guest would incur to a minimum.
Damage to Decor
Damage to any aspect of the fixtures, flowers, lanterns, structures, rugs and everything else included in the decor will be charged at 150% of full and new replacement value plus any shipping and handling charges. Any damage to our property, whether accidental or willful, is the responsibility of the rental customer for each particular event. Any costs associated with repairs and/or replacement will be charged to the rental customer. In extreme cases, criminal charges will be pursued.
CANCELLATION
General
You may not cancel your booking except as provided in these Terms.
When Permitted:
You may cancel your booking any time prior to 14 days before your Rental Date by providing written notice to us.
The effective date of that notice will be determined by the Notice provisions in these Terms.
Additionally, we may cancel your booking at any time by providing written or oral notice to you if:
(a) you breach any of your obligations in these Terms;
or (b) you, your guests, or your vendors, violate any rules applicable to their use of the Venue.
Payments Owed Upon Cancellation
If your booking is canceled as provided in these Terms, then
we may retain all deposits you paid prior to the effective date of the cancellation.
Additionally, if as of the effective date of the cancellation you owe us any deposits, then you shall promptly pay all such deposits to us.
If you cancel your booking with less than 15 days’ notice to us, then you shall promptly pay us
(or if already paid, we may retain) all Rental Fees associated with your Booking.
Any payments returned will be minus credit card processing fees.
Effect of Cancellation
Upon cancellation of your booking, we may immediately make your booking time available to other clients.
Force Majeure
Notwithstanding anything contrary in these Terms, neither you nor us will be liable to the other for any delay or non-performance of its obligations in these Terms provided (a) the delay or non-performance is caused by a Force Majeure Event that is beyond the reasonable control of such party that makes it inadvisable, illegal, or impossible to perform; and (b) the delayed or non-performing party provides prompt written notice to the other party of the delay or non-performance. “Force Majeure Event” means an unforeseen emergency including without limitation, endemics, acts of God, war, unforeseen government regulation, terrorism, disaster, strikes, civil disorder, curtailment of transportation facilities, and any government, health, or other advisory that travel or events not be undertaken.
LIMITATION OF LIABILITY
Except as otherwise expressly provided in these Terms, we hereby specifically disclaim all warranties, implied or express, including without limitation the implied warranties of merchantability and fitness for a particular purpose. We shall not be liable for any action or omission of you, your guests, your vendors, or any third party. We shall not be liable for any loss of profits, sales, or revenues, loss of use, interruption of business, or damages, arising out of our services under these Terms. We shall not be liable to you under these Terms for consequential, special, exemplary, punitive, indirect, or incidental damages. Our liability under these Terms shall not exceed the amount paid by you to us under these Terms in the 12-month period immediately prior to the date your claim arose.
ASSUMPTION OF RISK & INDEMNIFICATION
You acknowledge that there is risk of injury and damage arising out of the use of the Venue and you voluntarily assume all of the same. You hereby release and discharge us and all of our representatives from all responsibility and liability from such injury or damage, except to the extent such injury or damage arises through our or our representatives’ sole negligence or intentional misconduct.
INDEMNIFICATION
With respect to any suit, claim, investigation, or proceeding, arising out of these Terms, you shall indemnify us and our affiliates and our and their respective owners, directors, officers, managers, employees, and contractors (the “Protected Parties”) against all Losses arising out of your breach of or misrepresentation in these Terms or any negligent or intentional act or omission by you or any of your vendors or guests, except to the extent that a Protected Party negligently or intentionally caused those Losses. “Losses” means all reasonable expenses including attorneys’ fees and costs, plus all damages of every kind. Without limiting the foregoing, this indemnification shall apply and cover all forms of damage to and/or destruction of personal and private property caused by you, your guests, and your vendors.
MISCELLANEOUS
Additional Parties
If you are making your booking on behalf of another person (or for a business entity), then “you” means both you and that other person (or business entity).
We may request that other person (or business entity) agree to these terms as well.
Joint & Several Liability
If “you” includes more than one individual/entity, then each individual/entity shall be liable for all of your obligations in these
Terms and the liability of each individual/entity shall be joint and several.
Entire Agreement
These Terms contain the complete and entire agreement between the parties relating to the subject matter in these Terms and supersede all prior discussions and agreements (whether oral or written) by the parties relating to the subject matter in these Terms.
Amendment & Waiver
No amendment to these Terms shall be deemed valid unless it is in writing and signed physically or digitally by all of the parties. The failure or delay by a party to exercise any right or remedy in these Terms shall not operate as a waiver of the same. The waiver by a party of a breach of any provision in these Terms shall not operate as a waiver of any subsequent breach. A waiver shall not be effective unless and until it is in written form and signed by the waiving party.
Severability
Each provision in these Terms shall be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision in these Terms unenforceable, then the provision should be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision should be deemed removed from these Terms, but the remaining provisions shall remain in full force.
Assignment
These Terms and the rights and obligations in these Terms may not be assigned by either party without the prior written consent of the other party, except that we may assign our obligations in these Terms in their entirety in connection to an acquisition, merger, or other change of control. For clarity, you may not market or sell your rights under these Terms to any third party without our prior and express written consent.
Notices
Unless otherwise provided in these Terms, all notices and demands contemplated in these Terms or applicable law shall be in writing (with all delivery expenses prepaid) and addressed to the proper address in this section (or to the recipient’s most current address that has been delivered to the other parties in accordance with this section). All properly sent notices and demands shall be deemed delivered as follows: (a) if delivery is by hand, then at the time of the actual hand delivery; (b) if delivery is by email, then at the time the intended recipient provides non-automated, express or implied, confirmation of receipt (either in a physical writing or by email); or (c) if by overnight delivery using a nationally recognized overnight courier, then one business day after having been given to the courier. Notices sent to you must be sent to the name and address/email you used when making your booking.
Notices sent to us must be sent to: Cakewalk Events LLC 121 W. Kansas Street Liberty, MO 64068
Governing Law & Waiver of Jury Trial
These Terms shall be governed by and construed in accordance with the laws of Missouri, excluding its conflict of law principles. For any dispute arising out of or related to these Terms, each party consents to jurisdiction in, and the exclusive venue of, the state courts in Jackson County, Missouri, or when applicable in the U.S. District Court having jurisdiction over that county. Each party waives trial by jury in all actions, proceedings, and counterclaims, brought by either party against the other on any matter that arises out of or is related to these Terms.
Collection Fees
If you breach any of your payment obligations in these Terms and we incur expenses in collecting the same (including all costs and expenses and reasonable attorneys’ fees), then you shall reimburse us for all of those expenses.
This Agreement may be signed using electronic signatures, which shall be deemed valid and effective for all purposes with the same force and effect as if such electronic signatures were ink-signed.