the cloud factory
the cloud factory
PLEASE READ CAREFULLY
1. EVENT CATERING TERMS:
A. PRICES AND SALES TAX: The total cost of the Hookah catering event or rent will be determined by the number of Hookahs or Packages ordered, plus applicable sales tax and other charges described below, or the “Minimum Charge” described below, whichever is higher. Appendix A sets forth the current Hookah menu available for the event and corresponding prices.
B. MINIMUM CHARGE & GUARANTEE: The “Minimum Charge” or “Guarantee” is $200.00 before sales tax. Based on the items ordered as indicated in Appendix A, the estimated total cost of your Hookah Catering event is $___________, plus applicable sales tax.
C. SERVICE TIME: The “Minimum Charge” of $200 entitles you to 2 hours of service time (in addition to set up/breakdown time) for an event ending. If more than 2 hours of service time is needed, prior arrangements must be made, and The Cloud Factory LLC may assess a surcharge of $100.00 per hour. As service time is based on your total minimum order, any changes to your order quantities may also affect your service time.
D. MILEAGE SURCHARGE: The price of your order includes gas and mileage up to a total of 25 miles round trip. If your catering event is located more than 25 miles (one-way) from Vacaville, California, a mileage surcharge of $2.00 per mile will be assessed and added to the cost of your Hookah catering event.
E. RESERVATIONS: Catering Event reservation must be made at least 24 hours in advance of the scheduled event through the Director of The Cloud Factory LLC by calling +1 (707) 514-0699 or by e-mail: . Any arrangements for Hookah’s Catering or rent should be made through the Management of The Cloud Factory LLC. Deposits are required for both Hookah Catering and Hookah Delivery.
F. CANCELLATIONS: All cancellations must be made before one week prior to the event day. If the cancellation is made one week from the scheduled event date the deposit amount will be billed. If the cancellation is made the day of the event, the full guarantee number will be billed.
G. CHANGES: You may request changes to the date, time and/or location of the Hookah catering event or to the menu items ordered, provided that your request is made at least 2 days in advance of the originally scheduled date. Due to The Cloud Factory LLC's commitments to personnel, suppliers and other customers of the The Cloud Factory LLC & Rent, no changes may be made less than 2 days prior to the originally scheduled event date.
H. CLIENT’S OTHER RESPONSIBILITIES: You are responsible for all city, county or other permits or licenses required to smoke Hookah for the catering event at your site. You are also responsible for ensuring that there are sufficient trash collection bins at the site and that all trash is collected at the event.
2. TERMS OF PAYMENT:
A. DEPOSIT: A deposit equal to 50% of your total estimated charge for the Hookah Catering Event is required TO SECURE YOUR EVENT, if a deposit is not made, your event is not CONFIRMED. Deposits are non-refundable if the event is canceled one week from the scheduled event date. The receipt of your deposit by The Cloud Factory LLC will confirm the reservation of your Hookah catering event and must be received by the due date above for your reservation to be held. The full amount of the deposit will be credited against the total charges for the catering event. We accept all major Credit Cards: MasterCard, VISA, American Express, and Discover credit cards or Venmo / Cash (if agreed by The Cloud Factory LLC).
B. BALANCE DUE: Final payment must be made on the day of your event, by Check, Credit Cards: VISA, MasterCard, Discover or American Express credit card, or Cash/Venmo. The Cloud Factory LLC Hookah staff will issue a final itemized billing indicating the number of Hookahs or Packages ordered and the number of total charges to be billed for services, less any deposits, or prior payments. If your total order is less than the Minimum Charge indicated above, you will be billed the Minimum Charge.
3. REQUIREMENTS AND LAWS:
A. Minimum Age: In compliance with United States Health Department, The Cloud Factory LLC will not serve any persons under the age of 21. All participants are required to have a valid US ID.
1.1. Smoking Shisha contains some amounts of nicotine (unless it’s nicotine-free tobacco). Smoking Hookah can be hazardous to your health. The participant certifies the knowledge of tobacco products and their health effects as well as the client’s responsibility for their guests/those participating in smoking at the client’s event. The client will not hold liable The Cloud Factory LLC or any of its associates for the side effects of smoking tobacco or any other related issues.
1.2. The Certified Hookah Tobacco and coals provided with your Hookah Rental is included in your package Courtesy of The Cloud Factory LLC & Rent Company.
1.3. The Cloud Factory LLC Hookahs are designed to smoke Hookah Tobacco Only. Smoking any other substance in our Hookahs is not allowed and will constitute damage to Hookah and you will forfeit your Security Deposit.
4. INSURANCE AND INDEMNIFICATION REQUIREMENTS:
A. VALID INSURANCE: Prior to the event, you are required to provide a Certificate of Insurance, or a copy of homeowners’ insurance policy indicating that liability insurance is in place for the property where the event is to be held.
B. RESPONSIBILITY: You agree that The Cloud Factory LLC shall not be liable for any claims, losses, liabilities, or expenses relating to the event for any amount in excess of the fees paid by you to The Cloud Factory LLC pursuant to this Agreement, except to the extent finally judicially determined to have resulted from the gross negligence, bad faith, or intentional misconduct of The Cloud Factory LLC.
5. LIMITATION OF LIABILITY
A. EQUIPMENT FAILURE: Client shall be responsible for, and reimburse The Cloud Factory LLC, for any and all damages to The Cloud Factory LLC's equipment that results from clients, or Client’s guests, invitees, agents, or associates’ negligence or willful misconduct at the event. The Cloud Factory LLC reserves the right to terminate all services during the event if any activities or conditions are present that may cause damage to The Cloud Factory LLC's equipment.
B. INSPECTION: You acknowledge that you have examined the rented property prior to taking possession and that they are in good working condition, except for any defect specifically noted on this Rental Agreement, and determined that it is suitable for Your needs.
C. DISCLAIMER OF WARRANTIES: We are not the manufacturer of the rented property nor are we the agent of the manufacturer and we make no warranty against interference, merchantability or fitness for any particular purpose. There is no warranty or representation that the rented property is not fit for your particular use, or that it is free from latent defects. There are no warranties which extend beyond the face of this agreement. We will not be responsible to You or to any third party for any loss, damage, or injury resulting from the use of, or any failure of, the rented item. We will not be responsible for any defect or failure of the rented property unknown to us. Your sole remedy for any failure of or defect in the rented property is the termination of the rental charges at the time of failure, provided that you notify us immediately of such failure.
D. EQUIPMENT AND SUPPLIES: The catering department does not sell, rent, or loan equipment or supplies. All catered events come complete with the necessary supplies and equipment. However, Client agrees, shall provide, or notify the event location of The Cloud Factory LLC’s need for a minimum of two (2) unused and working standard AC power outlets, on independent circuits.
6. DELIVERY AND PICK-UP: Delivery and pickup shall be at our convenience. We agree to have the rented property set up and/or delivered by the agreed date and time. You grant us (our agents and employees) the right to enter your premises for the sole purpose of delivery, installation, service during the event, and pickup of our rented property.
7. FORCE MAJEURE: The Cloud Factory LLC will be excused from the performance of this Agreement in whole or in part if the performance by The Cloud Factory LLC of any of its material obligations under this Agreement is prevented by operation of law or any cause beyond the reasonable control of The Cloud Factory LLC, including without limitation fire, flood, disruption of transportation (but not the failure of a party to reasonably anticipate possible transportation delays), earthquake, public disaster, strike, labor dispute or unrest, accident, breakdown of electrical or other equipment, riot, war, insurrection, civil unrest, Act of God, any act of any legal or governmental authority (all of which causes are referred to as "events of force majeure"). If the event is canceled or curtailed because of the occurrence of any of the foregoing events of force majeure, and the event is not rescheduled, The Cloud Factory LLC shall remit the full portion of the deposit less any out-of-pocket costs incurred by The Cloud Factory LLC in connection with the canceled or curtailed event.
8. MISCELLANEOUS: This Agreement constitutes the entire Agreement between the parties and supersedes any and all prior offers, negotiations, and agreements. Only a written agreement executed by the parties shall modify this Agreement. If any provision of this Agreement is declared invalid, the remaining provisions shall remain in full force and effect. The section and paragraph headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
9. CONFIRMATION: ALL CATERED EVENTS WILL NOT BE CONFIRMED UNTIL A COPY OF THIS AGREEMENT IS SIGNED AND RETURNED TO MANAGEMENT OF The Cloud Factory LLC & RENT. The confirmation should be received no later than an hour prior to the event. An event that is not confirmed runs the risk of service not being guaranteed