1. Overview 1.1 These terms and conditions (this “Agreement”) apply to your use of Butter and Egg Road’s services and engagement thereof to facilitate curated culinary experiences (the “BAER Services”).
1.2 In this Agreement, “BEAR” and “we” mean Butter and Egg Road USA, Inc. and “Client” and “you” mean any user of the BAER Services. By using the BAER Services you acknowledge that you have read, understand, and agree to be bound by this Agreement. This Agreement describes, among other things, our booking and cancellation policies and the limitations to BEAR’s liability.
2. Bookings2.1 At the time a Client requests BAER Services the Client will be asked to provide certain personal information to BAER (including, but not limited to, credit card details) in order for BAER to process a Client’s request and confirm the booking. You hereby consent to BAER’s storage and retention of all requested personal information as necessary for BAER to provide the BAER Services.
2.2 To confirm that the credit card information you have provided is accurate, we may place a temporary $1.00 authorization hold on your credit card at the time you provide your credit card information. After we verify that your credit card information is accurate any such $1.00 hold will be removed. In no event will your credit card actually be charged for this $1.00 authorization.
2.3 You hereby agree to authorize BAER to charge the credit card you provide for deposit, restaurant fees (including 8.875% tax and 20% gratuity), BAER service fees and cancellation fees. BAER shall notify the Client of all such fees before charging them to the Client’s credit card.
2.5 By providing credit card account information, you represent, warrant, and covenant that: (1) you are legally authorized to provide such information to BAER, and (2) you are legally authorized to perform payments from the credit card account. When you authorize a payment using a credit card, you represent, warrant, and covenant that there are sufficient funds or credit available to complete a payment using the credit card.
2.6 BAER is an independent contractor for all purposes and is not your agent or trustee. BAER is not responsible, and has no liability for, the products or services that are paid for with your credit card.
3. Cancellations; Amending Bookings 3.1 In the event you should need to cancel your culinary experience between request (booking form submission) and event confirmation (deposit paid), you will be subject to a BAER $100 cancellation fee and your credit card submitted during booking will be charged.
3.2 In the event you should need to cancel your culinary experience between event confirmation (deposit paid) and 48 hours prior to event, you will be subject to 100% of deposit paid, as well as 100% of the BAER service fee (calculation based on total experience cost at the time of cancellation) and your credit card submitted during booking will be charged.
3.3 BAER shall use its reasonable efforts to accommodate a Client’s request to increase its party size made up to 48 hours before an event. BAER reserves the right to change the time and seating arrangements of your party as a condition to satisfying any such request. Notwithstanding the foregoing, BAER is under no obligation to honor any such request.
3.4 In the event you should need to cancel your BAER Services with less than 48 hours’ notice prior the date of the event, you will be subject to a 100% cancellation fee and your credit card submitted during booking will be charged.
4. General Terms4.1 In no event shall BAER parties be liable for any claim, allegation, damage, liability, obligation, award, settlement and expense, including without limitation attorneys' fees and court costs (collectively “Losses”) imposed on, sustained, incurred or suffered by, or asserted by, you or your guests arising or resulting from you or your guests’ actions at the restaurant or other venue hosting the BAER event. Notwithstanding the foregoing you agree that BAER has no control over, and does not warrant or guarantee, the quality or safety of any venue, that is attended by its Clients, and has no responsibility therefor. You understand that your attendance at a restaurant or other venue may expose you to a variety of inherent hazards and risks, including but not limited to, injury, property damage, exposure to food allergens and food-related illness, exposure to alcohol and alcohol-related illness, exposure to differing health, safety, and building standards and costs, and the actions and negligence of third parties. All Clients assume such hazards and risks, and BAER is not responsible, and will have no liability, for them.
4.2 You will indemnify, hold harmless and (at BAER’s request) defend BAER its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (“BAER Parties”) from and against Losses, imposed on, sustained, incurred or suffered by, or asserted against, any of the BAER’s parties, in respect of any claims, directly or indirectly relating to, arising or resulting from your or your guests’ actions at the restaurant or other venue hosting the BAER event.
4.3 The parties hereto agree that the indemnities and limitations of liability provided for herein are material, bargained-for bases of this Agreement, and that they have been taken into account in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement. BAER and the Client agree that the indemnities and limitations of liability in this Agreement are fair and reasonable.
4.4 You may not assign any of your rights or delegate any of your obligations under this Agreement, by operation of law or otherwise, without the prior written consent of BAER.
4.5 This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of law that would require the application of any other law.
4.6 The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof.
4.7 This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.
4.8 This Agreement contains the entire agreement between the parties hereto and thereto with respect to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements and understandings, express or implied, oral or written, with respect to such matters.