Terms and Conditions

ARTICLE I. STAFF

Section 1.01 Terms:

To reserve the Event date a $200 non-refundable deposit in order to reserve a Chocolate Fountain. To confirm this agreement, return one signed and completed copy of this contact along with the non-refundable deposit of $200 within 5 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: Amor Chocolate Fountains. There will be a $65.00 fee charged for all returned checks.

Section 1.02 Cancellations of Contract:

This agreement cannot be cancelled, except in writing, by either the Client or Amor Chocolate Fountain 21 days prior to the event. If the Client initiates the cancellation, Amor Chocolate Fountains will hold the $200 non-refundable deposit that can be used towards another date that is booked within 120 days by the Client. Client will hold harmless Amor Chocolate Fountains in the event of illness, injury, act of God, or any other situation beyond control of Amor Chocolate Fountains that prevents Amor Chocolate Fountains from performing.

Section 1.03 Requirements:

Amor Chocolate Fountains requires access to the desired set-up area at least 45 minutes prior to the scheduled start time. In addition, 45 minutes are required after the conclusion of the service period for take down and removal (this time does not count toward the 2- 4 hours of fountain service time). The Client is responsible for providing a sturdy, level table capable of supporting at least 150 lbs. Client is also responsible for providing two table linens that coordinate with their color scheme. Amor Chocolate Fountains requires at least one – 120 volt circuit within 10 feet of the desired set-up area that adheres to contemporary safety standards and supplies at least 20 amps. Once the Chocolate Fountain 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. Amor Chocolate Fountains reserves the right to use any picture(s) from the event in advertising.

Section 1.04 Pay Rate:

(a) If additional Chocolate Fountains Staffing is required the rate is $50.00 per hour per staff person with a 4 hour minimum for delivery, set-up, operation, dismantle and removal of the Chocolate Fountain. Please note any additional Over Time staffing hours will be billed after the event at the rate of $50.00 per hour per staff person.

Choose one and fill out:
(b) I need ______ Additional Service Attendants for my event @ $50.00 (4 hour min.)
(We require the use of our service attendant if we are providing dipping items.)
(c) I only need set up and delivery _______
(d) I need extra time for the service attendant _______hours @ $100.00/hr.

Section 1.05 The Right Packages for the The Right Guest Count

Our packages are designed for certain number of guest. Each package has a certain percentage of chocolate to a certain percentage of dipping items. If you have a large guest count and pick packages that are smaller than that number of guests.

This is what will happen: It means that the fountain will end sooner than later based on your guest count.

The hours of service are an estimate for how long a package could last if guest took a moderate amount of dipping items during an event. The fountains are a dessert station and not buffet station with continues amounts of chocolate and dipping items. We do replenish the dipping items for the event a few times based on the guest count for that package. You can purchase additional chocolate for your package ahead of time or pick a package that is appropriate for your guest count. Contact us to buy additional chocolate for your event.

Other reasons why I fountain will not last at an event:
You don’t offer any appetizers of any kind during your cocktail hour.
You have 500 guests and you pick a package for 100 guests.

Guest Count on our form is a reference only based on our experience doing catering for 30 years. It does not mean if you pick a smaller package and have a larger guest count that the package you pick will feed that number of guests.
So Please be advice to choose your guest count for the appropriate package .

ARTICLE II. CHOCOLATE PURCHASE AGREEMENT.

Section 2.01 Chocolate Agreements:

(a) The chocolate fountain rental comes with Belgian Chocolate, unless other arrangements are made in advance.
(b) If chocolate is not purchased through Amor Chocolate Fountains as set forth on this agreement. Customer agrees to purchase and use only Belgian Chocolate (chocolate containing at least 33% cocoa fat). If Belgian Chocolate is not purchased and used in the Chocolate Fountain, Amor Chocolate Fountains is not responsible if the Chocolate Fountain fails to function properly, and the Customer shall be liable in full for any damage to the Chocolate Fountain.

Section 2.01A Additional Chocolate for Purchase:
$300.00 50-100 Guests 20# Chocolate
$450.00 100-200 Guests 30# Chocolate
$600.00 200-300 Guests 40# Chocolate
$750.00 300-400 Guests 50# Chocolate
$850.00 400-500 Guests 60# Chocolate

ARTICLE III. CUSTOMER AGREEMENT.

Section 3.01 Agreement:

(a) Customer agrees and acknowledges that at all times the title and ownership of all rented Chocolate Fountains shall remain in Amor Chocolate Fountains. Customer agrees that Amor Chocolate Fountains will arrange pickup and delivery of rented Chocolate Fountains, and staff said rented Chocolate Fountains during the Rental Period. The Rental Period begins at the time of placement of a Chocolate Fountain, and ends at the time of dismantle.

ARTICLE IV. EQUIPMENT RENTED PAYMENT & INSPECTION.

Section 4.01 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 Chocolate Fountain or the date due to be returned, whichever is earlier? Customers shall compensate Amor Chocolate Fountains 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 V. CUSTOMER’S RESPONSIBILITIES AND LIABILITIES.

Section 5.01 Liability Insurance Coverage:

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

ARTICLE VI. CUSTOMER’S DEFAULT.

Section 6.01 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, Amor Chocolate Fountains shall have the option of declaring this Agreement terminated, and Amor Chocolate Fountains may, without notice or demand, by process of law or otherwise retake possession of rented Chocolate Fountains. Nothing contained herein shall be construed to bar or prevent Amor Chocolate Fountains, 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 Chocolate Fountains at the expense of the Customer. Either or all of the foregoing remedies or expressly permitted, consented to and authorized by the Customer.

Article VII. Taxes.

Section 7.01 Reimbursement:

(a) Customer agrees to reimburse Amor Chocolate Fountains for any state or local taxes, which might be levied upon the use of the rented Chocolate Fountains while in the possession of Customer.

ARTICLE VIII. MISCELLANEOUS.

Section 8.01 Acceptance of the fountain by Amor Chocolate Fountains:

(a) The acceptance of the return of the rented Chocolate Fountains shall not constitute a waiver by Amor Chocolate Fountains of any claims that it may have against the Customer, nor a waiver of claims for damage to a rented Chocolate Fountain. 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 IX. Liability Issue.

Section 9.01 Amor Chocolate Fountains 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 Amor Chocolate Fountains. Amor Chocolate Fountains shall not be liable for any injury, loss or damage directly or consequently arising out of the use or inability to use the Chocolate Fountain, 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 Amor Chocolate Fountains against, and hold Amor Chocolate Fountains 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 Chocolate Fountain.

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