These Terms And Conditions are made effective for all purposes in all respects as of January 1st, 2018 by and between “The SnapBar, LLC" hereinafter referred to as the “COMPANY" or "The SnapBar" and the inquirer of services, hereinafter referred to as the “CLIENT" relating to any event(s) booked through the Booking Forms located on the COMPANY's website (www.thesnapbar.com), hereinafter referred to as the “EVENT(S)".
In the event that any part of these Terms And Conditions is found to be invalid or unenforceable, the remainder of these Terms And Conditions shall remain valid and enforceable. Any agreement to waive one or more provisions of these Terms And Conditions or any failure by one or both parties to enforce a provision of these Terms And Conditions shall not constitute a waiver of any other portion or provision of these Terms And Conditions.
The delivery or exchange of services will take place on the Client's Event Date (as mentioned on the signed PARTNERSHIP/TRADE AGREEMENT) allowing a reasonable amount of time (up to 7 days) for the fulfillment of services.
1. The SnapBar and the Client each represent to the other that they will deliver and exchange services during the Event(s). Each party agrees to inform the other of anticipated fees before the commencement of any exchange of goods and/or services under this Agreement.
2. Each party represents that they are freely and legally entering into this Agreement and will hereby abide by its terms and conditions.
3. The Client agrees to adhere to the price of the services listed by The SnapBar in this Agreement as final. The Client agrees to pay any additional fees incurred including additional rental time, additional services requested of The SnapBar by the Client not mentioned in this agreement, and/or late fees in conjunction with the services provided by The SnapBar.
4. Each party represents and warrants that (i) the services they have offered for barter can legally be sold by them and their assigned agents or dealers and (ii) they have full power to enter into this Agreement. Each party also represents and warrants that, to the best of their knowledge, their services do not infringe upon any statutory copyright or upon any common law rights, proprietary rights or any other rights whatsoever and that their services are free and clear of all encumbrances. Each party also represents and warrants to the best of their knowledge that the information included in this Agreement is true and correct.
5. Each party shall indemnify, defend and hold harmless the other, its officers, trustees, agents, assigns, and employees, from and against any and all claims, demands, suits, losses, liabilities and costs, including attorneys' fees, arising out of any alleged breach of the foregoing warranties or any alleged violation of copyright or other property rights.
6. Each party hereby agrees to adhere to the delivery schedule as set by the parties. Each party further agrees to deliver goods and/or services in the conditions set forth above.
7. If a party opts to terminate this Agreement or the underlying arrangement, the terminating party agrees to compensate the non-terminating party fairly for any goods and/or services provided as of the date of the termination notice. Any compensation and/or payment owed to either party following termination of this agreement should be paid by the terminating party within 14 days of (i) the Client's Event Date or (ii) the date of termination, whichever is earlier.
8. The parties hereby agree to cooperate with one another and to execute and deliver, or cause to be executed and delivered to the other such additional instruments of conveyance and transfer and evidences of assumption as such party may reasonably request or as may be otherwise necessary or desirable to carry out the purposes of this Agreement.
9. Neither party may assign any of its rights or obligations hereunder without the prior written consent of the other party.
10. This Agreement constitutes the entire agreement and understanding between the parties with respect to the barter agreement hereof and supersedes all prior agreements, understandings, negotiations, representations and statements, whether oral, written, implied or expressed, relating to such subject matter. This agreement does not substitute nor invalidate The SnapBar’s Terms and Conditions, which the Client agrees to when completing The SnapBar’s online booking form.
11. This Agreement shall be governed by the laws of the state of Washington. All parties agree to abide by all applicable laws at all times.