The Mix Fix Services Agreement


This Services Agreement (the “Agreement”) is between {{billing_first_name}} {{billing_last_name}} (the “Host”) and Mix Fix, a company incorporated under the laws of New York (“Mix Fix” as applicable), and executed on 11/15/2018 (the “Effective Date”).

 

1. Background

 Mix Fix provides and arranges for customizable bar services for a variety of events. Mix Fix will provide: Mix Fix bartender(s) to service events, as well as, natural, organic juices and non-alcoholic beverages to be used in the creation of cocktails during events. Mix Fix’s services include, but are not limited to, procuring and delivering juices and non-alcoholic beverages to the event location and bartending services including the creation of customizable craft cocktails using juices provided by Mix Fix and alcohol provided by the event Host. Services do not include the direct or indirect sale of alcohol, but rather all alcohol must be provided by the Host. In consideration for the mutual promises outlined herein, the parties agree as follows:

2. Services

Mix Fix will provide the following services (the “Services”):

  1. Detailed invoice(s);
  2. Non-alcoholic juices and mixers;
  3. Bartender(s); and
  4. Clean up.

3. Payment

 For the Services, Host agrees to pay Mix Fix }{{order_total}} {{order_currency}(the “Fee). The Fee is due at least forty-eight (48) hours prior to performance of any Services. Mix Fix Fees are for services only and is not to be construed as including or for the purchase or sale of alcohol.

4. Term and Termination

The term of this Agreement is from the Effective Date through the conclusion of the Services (the “Term”), unless earlier terminated by Mix Fix, at any time and with or without cause, upon notice to Host.

5. Intellectual Property

Host acknowledges and agrees that any trademarks, trade names, artwork, designs, logos, photographs, copy and all other intellectual property provided to Host by Mix Fix or its agents (collectively, “Mix Fix Intellectual Property”) is and shall remain the sole and exclusive property of Mix Fix; and Host will acquire no rights to the Mix Fix Intellectual Property by reason of this Agreement.

6. Representations and Warranties

The Host represents and warrants to Mix Fix that:

  1. It has all necessary rights to grant Mix Fix the rights and permissions granted in this Agreement;
  2. It will comply with all applicable rules, advisories, and regulations;
  3. The event will be appropriately licensed to serve alcohol, if one is required, and Host assumes all liability associated with the event and understands that Mix Fix holds no liability for Host failure to acquire the appropriate license for the event;
  4. It has obtained general liability insurance, including liquor liability, in an amount not less than $1,000,000 per occurrence and $1,000,000 in the aggregate, and has included Mix Fix as an additional insured on said policy. Such insurance will be primary as regards to any insurance Mix Fix may have in force. This certificate will state that the insurance policy will not be canceled or changed without thirty (30) days prior written notice to Mix Fix.  Mix Fix may obtain insurance at Host’s expense if Host fails to obtain insurance as discussed herein.

7. Indemnification

The Host will indemnify, defend and hold harmless Mix Fix from and against all losses suffered or incurred directly or indirectly arising from or in connection with or relating to the event or Services: Any death, bodily injury, sickness, disease or injury; any damage, loss or destruction of any tangible, real, or personal property; negligence or other willful misconduct; and/or related to breach of any provision of this Agreement.

8. General

8.1 This Agreement constitutes the entire agreement between Mix Fix and the Host pertaining to the subject matter of this Agreement and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Host and Mix Fix with respect to the subject matter of this Agreement. 

8.2. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, notwithstanding any of its conflict of laws provision to the contrary.

8.3. The Host may not assign this Agreement to any third party without prior written consent of Mix Fix.

8.4 The payment to Mix Fix contemplated herein is solely for the Services and not for the sale of alcohol. Mix Fix does not sell alcohol or make a surcharge or commission on alcohol. Host will provide its own alcohol.

8.5 THE HOST ACKNOWLEDGES THAT THE DISCLAIMER AND LIMITATION OF LIABILITY IN THIS AGREEMENT REFLECT A FAIR APPORTIONMENT OF LIABILITY. MIX FIX (INCLUDING ANY INTELLECTUAL PROPERTY INCLUDED THEREIN) IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. MIX FIX MAY SERVE ORGANIC, COLD PRESSED, UNPASTURIXED, FRESH JUICE. ALTHOUGH OUR STANDARD FOR CLEANLINESS IN EVERY PHASE OF OUR JUICE PRODUCTION IS UNSURPASSED, HARMFUL BACTERIA MAY STILL EXIST IN THE JUICE CAUSING SOME INDIVIDUALS TO BECOME ILL. MIX FIX IS NOT LIABLE FOR INJURY OR DEATH FROM THE CONSUMPTION OF UNPASTURIZED JUICE.  THE HOST EXPRESSLY AGREES THAT THE HOST’S USE OF MIX FIX IS ENTIRELY AT THE HOST’S OWN RISK.

8.6 NEITHER MIX FIX, NOR ITS AFFILIATES AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE TOTAL FEES PAID BY THE HOST TO MIX FIX IN THE 12 MONTHS PRIOR TO THE DATE ON WHICH THE CAUSE OF ACTION GIVING RISE TO THE LIABILITY AROSE. IN NO EVENT WILL MIX FIX OR ITS AFFILIATES AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, LOST REVENUE, LOST PROFIT, BUSINESS INTERRUPTION, INACCURATE INFORMATION, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH THE SERVICES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE. THE FOREGOING LIMITATION WILL APPLY EVEN IF MIX FIX KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

Agreed to and signed by the duly authorized representatives of the parties as of the Effective Date.


 

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Signed by Nola Ortiz
Signed On: 08/28/2018

The Mix Fix https://themixfix.nyc
Signature Certificate
Document name: The Mix Fix Services Agreement
Unique Document ID: 42dc82235bbc5a5f37e83d3b165967224a6dcbc5
Timestamp Audit
04/05/2018 9:52 AM ESTThe Mix Fix Services Agreement Uploaded by Nola Ortiz - nola@themixfix.nyc IP 83.83.135.50
04/06/2018 8:34 AM EST Document owner floor_gielen@hotmail.com has handed over this document to lucas@themixfix.nyc 2018-04-06 08:34:59 - 83.83.135.50
04/17/2018 1:39 PM ESTLucas Gielen - lucas@themixfix.nyc added by Lucas Gielen - lucas@themixfix.nyc as a CC'd Recipient Ip: 83.83.135.50
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04/19/2018 8:49 AM EST Document owner lucas@themixfix.nyc has handed over this document to nola@themixfix.nyc 2018-04-19 08:49:23 - 83.83.135.50
04/19/2018 8:49 AM ESTLucas Gielen - lucas@themixfix.nyc added by Nola Ortiz - nola@themixfix.nyc as a CC'd Recipient Ip: 83.83.135.50
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05/05/2018 6:28 AM ESTLucas Gielen - lucas@themixfix.nyc added by Nola Ortiz - nola@themixfix.nyc as a CC'd Recipient Ip: 77.179.220.87
08/28/2018 7:24 AM ESTLucas Gielen - lucas@themixfix.nyc added by Nola Ortiz - nola@themixfix.nyc as a CC'd Recipient Ip: 83.83.135.50
08/28/2018 7:25 AM ESTLucas Gielen - lucas@themixfix.nyc added by Nola Ortiz - nola@themixfix.nyc as a CC'd Recipient Ip: 83.83.135.50