VOILA CHOCOLAT UWS, LLC
Terms of Service for Private Events, dated January 8, 2015
The following terms of service shall set forth the agreement (the “Agreement”) between the person reserving an event by executing the Voila Chocolat Private Event Contract (“you” or “the customer”) and Voila Chocolat UWS, LLC (the “Company”). Such terms may be changed from time to time by the Company and such changes will be binding on both parties hereto, thus you are responsible for reviewing these terms of service each time you sign a Private Event Contract (a “Contract”).
A non-refundable deposit is required in order to reserve event space at our store. If the Company determines in its sole discretion that it has been informed of a cancellation reasonably in advance of the scheduled date and has another available time a reasonably short period after its notice of the cancellation, it may allow the transfer of the deposit to reserve an alternative date and time. In all other cases, the deposit shall be forfeited in the event of cancellation.
Final payment is due at the scheduled end of the event or, if earlier, the time indicated by the customer as the end of the event. If the customer utilizes only the Company’s designated event space, the customer will pay the greater of $750 (plus sales tax) or the amount determined in accordance with the Company’s price schedule for Event Experiences and Add-Ons (the “Schedule Amount”). If the customer utilizes the main floor of our store, the customer shall pay the greater of the Schedule Amount or the following amount based upon the reserved time slot:
10 am to 12 noon 12 noon to 6 pm 6 pm to closing
$1,200 (plus tax) $3,000 (plus tax) $1,200 (plus tax)
Any amounts that are due but unpaid shall be subject to an interest charge of one percent (1%) per month.
CHOICE OF EXPERIENCE AND ADD-ONS
Any changes in the choice of your experience, the add-ons or other details of your event must be communicated to the Company in writing at least seven (7) days prior to the date of the event, although the Company may accept later changes in its sole discretion. Changes in the terms of your agreement with the Company may be communicated by electronic mail and consequently shall be binding if communicated in such fashion.
OUTSIDE FOOD OR BEVERAGES
Customer may bring food or beverage items into the store for consumption at an event if the Company has given its prior consent.
You must be 18 years old to make a reservation and execute our Contract. If persons under the age of 18 are in attendance at an event, there must be sufficient adults in attendance to supervise those minors. The Company and its personnel shall have no responsibility to supervise minors at its store.
Smoking is absolutely prohibited on Company premises.
The customer agrees to defend, hold harmless and indemnify the Company from and against, and shall compensate and reimburse the Company for, any and all losses, claims, damages, expenses or liabilities (“Claims”) that are directly or indirectly asserted, or awarded against, or incurred by the Company and which arose, arise or relate to the event for which the customer executed a Contract, including Claims resulting from the Company’s own negligence but excluding Claims resulting from the Company’s gross negligence or intentional wrongdoing. The Company shall have the right to control all litigation asserting any Claim, at the customer’s cost, and no settlement of any Claim shall be entered into without the Company’s written consent.
If you or anyone in your party is subject to allergic reactions or other adverse health consequences from chocolate or the other types of food stuffs provided at our store, it is your responsibility to make those facts known to us and to avoid consumption of those items. The Company premises are neither nut-free nor allergen-free. Read more about allergens here: http://www.voila-chocolat.com/faq. You should consult your physician or other healthcare provider about all such matters.
DISCLAIMER OF WARRANTY
THIS WEBSITE AND ALL INFORMATION, CONTENT AND MATERIALS INCLUDED HEREIN AND PRODUCTS AND SERVICES MADE AVAILABLE TO YOU AT OUR STORE ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS OR SERVICES MADE AVAILABLE TO YOU AT OUR STORE. YOU EXPRESSL Y AGREE THA T YOUR USE OF OUR PREMISES AND YOUR
CONSUMPTION OF FOOD, BEVERAGES OR OTHER PRODUCTS MADE A V AILABLE THERE IS A T YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED W ARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A P
ARTICULAR PURPOSE. THE COMP ANY DOES NOT W ARRANT THE PRODUCTS OR SERVICES MADE AVAILABLE TO YOU AT OUR STORE ARE FREE OF HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS OR SERVICES PROVIDED AT OUR STORE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
(a) You understand and acknowledge that your consumption of the food and beverage products sold by the Company may cause illness or other personal injury, that such products may become adulterated, may contain harmful ingredients and may cause allergic reactions. You represent that you have independently investigated the advisability of consuming chocolate products and other products sold by the Company and have consulted your healthcare professional in that regard.
(b) You also represent that you have read this entire waiver and liability release, or had it read to you, that you fully understand it and that you intend to relieve the Company, its officers and employees and its successors and assigns from any and all liability for personal injury, property damage or wrongful death caused by negligence or any other cause (although not if caused by the Company’s gross negligence or intentional wrongdoing).
(c) Notwithstanding any other provision in this Agreement, you agree that the Company’s liability to you for any reason shall not exceed the amount you pay to the Company for its products and that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final binding arbitration in New York, New York before one
arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.
PLACE FOR ALL DISPUTES
All disputes arising out of this Agreement or the performance thereof shall be determined exclusively under the laws of the State of New York, without reference to its conflict-of- law provisions, and you consent to the personal jurisdiction of the state and federal courts located in New York County, New York. You shall not initiate any legal proceeding arising out of this Agreement or the performance thereof in any jurisdiction other than in
the state or federal courts located in New York County, New York. In any proceeding to enforce the Company’s rights hereunder, the Company shall be awarded all of its costs and fees, including reasonable attorneys’ fees.
ENTIRE AGREEMENT; VARIATION
This Agreement sets forth the entire agreement between you and the Company with respect to your event; provided, however, that the Company reserves the right to modify this Agreement, effective as of the date of the modification, at any time at its sole discretion. If the Company does make changes to the Agreement, the Company will post a revised Agreement on this website. You will be responsible for regularly checking the website for any such changes. By executing a Contract after the effective date of any change, you agree that you will be bound by the revised Agreement.
If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provisions shall be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of this Agreement shall not be affected thereby.
When any notice is required or authorized hereunder, such notice shall be given in writing by recognized overnight express service, certified or registered mail, or personal delivery, in the case of the Company, to the address on this website, with a copy to: Black & Associates, 100 Wall Street, Suite 900, New York, NY 10005, and in the case of the customer, to customer’s attention at the address, including e-mail address, on file with the Company, or such other address as may be obtained through means believed by the Company in good faith to be accurate. It shall be your responsibility to provide your current address to the Company. A notice shall be deemed given on the date of personal delivery, one business day after being deposited with the overnight express service, or five days after being deposited in the certified or registered mail.
No delay, omission, or failure to exercise any right or remedy provided herein shall be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.