THIS AGREEMENT made and entered into on the date provided on the Order Form by and between Claw Events, LLC (“Claw Events”) and Host, as provided on the Order Form (“Host”)
(collectively, the “Parties”).
Whereas Host desires to rent from Claw Events the Cocktail Claw Machine (“Cocktail Claw”) as provided in this Agreement. The Parties agree as follows:
1. Payment Terms: A deposit in the amount agreed upon on your Order Form is required at the time of signing. Acceptable forms of payment are: PayPal, cash, checks, and major credit cards. The
deposit secures the event date and times for the client and is non-refundable. Host will pay a $50.00 fee for any and all returned checks. Balance is non-refundable 45 days or less prior to the
event. Claw Events will not provide the Cocktail Claw unless and until the balance is paid in full. Payment for any overage in time must be paid before additional hours are provided.
2. Cocktail Claw Acceptable Uses: Host understands that Claw Events is providing a claw machine rental only and is not responsible for Host’s use or operation of the Cocktail Claw. Host
expressly represents and warrants that: (i) it is familiar with all applicable laws related to gambling, games of chance, games of skill and gaming machines applicable to its use of the Cocktail
Claw; and (ii) it will operate the Cocktail Claw in accordance with applicable laws. Host acknowledges that Cocktail Claw is not selling, serving or providing any alcoholic beverages or malt
and/or brewed beverages for sale or service for the event. In the event Claw Events transports any alcohol for the convenience of Host, Host represents that it has purchased the alcohol from a
third party at retail cost and is not purchasing alcohol from Claw Events. Host acknowledges and agrees that its event is sponsored, given held or conducted solely by Host and is not being
sponsored by or given, held or conducted by or on behalf of Claw Events.
3. The Services: Claw Events shall provide the Cocktail Claw and a qualified technician at the location (“Event Venue”) and for the time period specified on your Order Form (“Event Period”).
Host acknowledges that, in some situations, operation of the Cocktail Claw during the Event Period may need to be briefly interrupted for maintenance, service and/or claw machine
optimizations without liability or compensation owed by Claw Events.
4. Setup/Teardown: Claw Events will deliver, setup and remove the Cocktail Claw from the Event Venue. Claw Events requires access to the Event Venue at least 60 minutes before the event
and 30 minutes after the event for setup and takedown. Host is solely responsible for verifying that the address for the Event Venue provided on the Order Form is accurate. Cocktail Claw will
not be responsible for any loss of machine time related to an inaccurate address provided on the Order Form.
5. Placement Requirements: The Cocktail Claw shall be set up in a reasonably accessible location with level ground. Client agrees to provide: (1) a minimum 6’ x 8’ area for the Cocktail Claw;
and (2) 110V, 20 amps, 3 prong standard electrical outlet within 20 feet of the designated area.
6. Inclement Weather: Claw Events reserves the right, in its reasonable discretion, to cease operation of the Cocktail Claw should the weather or other occurrence pose a potential danger to our
personnel, the equipment, guests, or other third parties.
7. Refunds: Host shall be entitled to a prorated refund of its rental fees in the event the Cocktail Claw is not operational due to technical malfunction and no fault of Host for a period of time
greater than 25% of the Event Period. Host acknowledges that its sole remedy is a prorated refund of payment received and agrees that Claw Events will not be responsible for indirect,
incidental, special, consequential or punitive damages.
Host shall not be entitled to a refund: (i) of Host’s initial deposit; (ii) if Host cancels the event within 45 days of the event date; (iii) if the event location or Host ends the event prior to the
contracted end time; (iv) if Claw Events ceases operation of the Cocktail Claw in accordance with Section 6 or a force majeure event; or (v) for any other reason.
8. Damage to Cocktail Claw: Host acknowledges that it shall be responsible for any damage or loss to the Cocktail Claw equipment caused by: a) any misuse of the equipment by Host or its
guests; b) any theft or disaster (including but not limited to fire, flood or earthquake); c) loss of power or power surges to the Cocktail Claw at any time that results in loss of pictures or damage
of software and/or equipment
9. Photograph Release: Host agrees to provide Claw Events with reasonable assistance in the event that Claw Events wishes to contact a guest from Host’s event to obtain permission to use a
photograph or testimonial of the guest using the Cocktail Claw machine.
10. Limitation of Liability and Indemnification
10.1 To the maximum extent permitted under applicable law, Claw Events shall not be liable for any direct, indirect, incidental or consequential damages (including without limitation, damages for
lost profits or increased expenses) with respect to any claim arising from or related in any way to this Agreement and services provided. In no event shall the aggregate liability of Claw Events
exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount you paid Claw Event under this Agreement.
The limitations of this Section shall apply to any theory of liability whether based on warranty, contract, statute, tort (including negligence) or otherwise and whether or not Claw Events has been
informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
10.2 To the extent not prohibited by law, Host expressly agree to indemnify and hold harmless Claw Events for any damages, losses and costs (including, but not limited to, reasonable attorneys’
fees and costs) related to all third party claims, charges, and investigations against Claw Events or its agents, employees or independent contractors, related to: (1) Host’s use or operation of the
Cocktail Claw; (2) Host’s failure to comply with its obligations under this Agreement, including without limitation, Host operating the Cocktail Claw in violation of any applicable law; and (3) any
alcohol that Host uses in the Cocktail Claw or that is served at Host’s event.
10.3: You agree that Claw Events shall not be liable in the event that there is any exposure or potential exposure to COVID 19 or the coronavirus at any event where you use a Claw Events
machine. You are directly responsible for initiating and enforcing reasonable and necessary COVID-19 precautions including without limitation, properly sanitizing the machine between users,
requiring users to wear facemasks while operating the machine, requiring users to maintain six feet of physical distance from third parties while using the machine, and any other precautions that
have been recommended or required by your local, municipal or federal government, the CDC, the APA or other reliable source. You should also provide in your indemnification section: (i). Any
claim, issue or concern related to exposure or potential exposure to COVID 19 or the coronavirus at any event where you use a ClawEvents machine
11. GENERAL TERMS. Waiver and Severability
The failure of Claw Events to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Agreement is held to be
invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect.
Claw Events shall not be charged with any breach, damage or costs arising from unforeseeable causes beyond the control and without default or negligence of that party, including acts of God
or a public enemy, acts of government, fires, floods, strikes, lockouts and embargoes