Search

Terms of Service

THIS COCKTAIL CLAW RENTAL AGREEMENT (“Agreement”) is by and between Claw Events, LLC ("Claw Events") and the Client who completes and signs the Order Form (“Order”) to which it is attached (“Host”). By signing the Order, Host agrees to rent the specific Cocktail Claw machine indicated on the Order ("Cocktail Claw") at the specified date, time and location on the terms set forth in this Agreement. Host represents that it has purchased the alcohol from a third party at retail cost and is not purchasing alcohol from Claw Events.

 

Whereas Host desires to rent from Claw Events the Cocktail Claw Machine (“Cocktail Claw”) as provided in this Agreement.  The Parties agree as follows:

 

  • Cocktail Claw Reservation; Payment Terms: To reserve the Cocktail Claw for an event (“Event”), Host is required to make a non-refundable deposit in the amount set forth in the Order Form. All deposits are due at signing. The remaining balance for the rental must be paid by Host not less than forty-five (45) days prior to the Event, unless otherwise agreed upon by both parties in writing. Claw Events will not provide the Cocktail Claw unless the balance is paid in full and reserves the right to cancel the rental if the balance remains unpaid with less than 45 days until the Event. Claw Events accepts all major credit cards, cash, check and PayPal. Host will be charged a $50.00 return check fee for returned checks. Payment for any overage time must be paid before additional hours will be provided on the date of the Event.
  • Refunds: Host shall be entitled to a prorated refund of rental fees paid if the Cocktail Claw is not operational due to technical malfunctions not caused by the Host or its guests for a period of time greater than 25% of the scheduled Event period. Host acknowledges that its sole remedy in such event shall be the foregoing prorated refund and agrees that Claw Events will not be responsible for indirect, incidental, special, consequential or punitive damages. Claw Events will work with Client in good faith to accommodate changes in Event dates, subject to availability of the Cocktail Claw. Claw Events shall have no obligation to refund deposits or rental amounts paid if (a) the Host cancels the event within 45 days of the event date; (b) if the Event Venue or Host ends the Event prior to the contracted end time; (c) if Claw Events ceases operation of the Cocktail Claw for temporary period for maintenance services or in accordance with Section 7/ Force Majeure Event; or (d) the Event Venue denies Cocktail Claw entry to the Venue.
  • Cocktail Claw Acceptable Uses: Claw Events provides the Cocktail Claw for rental only and is not responsible for Host’s operation or use of the Cocktail Claw at the Event. Host acknowledges and agrees that the Event is sponsored, hosted, and conducted solely by Host and not by Claw Events. Host is solely responsible for the use of the Cocktail Claw at the Event by its guests or other third parties. Cocktail Claw does not sell, serve or provide alcoholic, malt and/or brewed beverages for sale or service at the Event. Host is responsible for procuring all alcoholic beverages to be used at the Event from an independent third party at retail cost and not from Claw Events. If Claw Events transports alcohol at the request of Host, the Host must provide proof of purchase to Claw Events. Finally, Host represents and warrants that: (a) it has fully researched and understands all laws applicable to gambling, games of chance, games of skill and gaming machines that dispense alcohol in the location where the Event is hosted (“Laws”); and (b) it will comply with all applicable Laws in its operation of the Cocktail Claw. Host will indemnify, defend and hold Claw Events harmless from any violation of the terms of this Section 3.
  • Maintenance Services: If indicated as part of the rental, Claw Events will provide a qualified technician to attend the Event at the time period specified in the Order. Host acknowledges that, in some situations, the technician may suspend the operation of the Cocktail Claw for a brief period to perform maintenance and/or machine optimizations services during the Event. Host agrees that the temporary unavailability of the Cocktail Claw during such maintenance and/or optimization services shall not be deemed a breach of the obligation to provide access to the Cocktail Claw and Claw Events shall not be responsible or liable for any compensation to Host. If Host chooses virtual training on machine operation in lieu of paying for an attendant, Host assumes sole responsibility for operating the Cocktail Claw during the Event and Claw Events will not be responsible for any operational issues caused by Host’s improper operation of Cocktail Claw.
  • Setup/Teardown: Claw Events will deliver, setup and remove the Cocktail Claw from the Event Venue for the rental price indicated on the Order. Any rental of the Cocktail Claw outside of the standard delivery zone shall incur additional delivery charges as noted in the Order. Host must provide specific move in and move out instructions to Claw Events not less than two (2) weeks prior to the Event. Claw Events requires access to the Event Venue at least 60 minutes before the event and 30 minutes after the event for setup and takedown. Host is solely responsible for verifying that the address for the Event provided on the Order is accurate and for any Event Venue related charges or fees including any move in, move out or event hall fees associated with the Cocktail Claw rental. Cocktail Claw will not be responsible for any loss of machine time related to inaccurate address information or due to the Event Venue denying or restricting Claw Event’s access.
  • Placement Requirements: The Cocktail Claw shall be set up in a reasonably accessible location with level ground. Client agrees to provide: (a) a minimum 6' x 8' area for the Cocktail Claw; and (b) 110V, 20 amps, 3 prong standard electrical outlet within 20 feet of the designated area.
  • Force Majeure. Claw Events shall not be deemed in breach of this Agreement for any failure to perform its obligations for causes that are outside of its reasonable control including severe weather events, unsafe road conditions due to ice, snow, or flooding; other acts of God such as fire, floods, hurricanes or tornados; terrorism, riots or civil unrest; governmental lockdowns or closures; epidemics/pandemics or widespread disease; embargoes.
  • Damage to Cocktail Claw: Host must return the Cocktail Claw to Claw Events at the end of the Event in good working order, normal wear and tear excepted. Host acknowledges that it shall be responsible for any damages to the Cocktail Claw caused by: (a) any misuse of the equipment by Host or its guests; (b) any theft or disaster (including but not limited to fire, flood or earthquake); and (c) loss of power or power surges to the Cocktail Claw at any time that results in loss of pictures or damage of software and/or equipment. To the extent Host is a corporation or commercial enterprise, Host shall be required to provide Claw Events a certificate of insurance with a reputable insurer listing Claw Events, LLC and its affiliates as additional insureds and demonstrating that Host has Commercial General liability insurance coverage in a minimum amount of $1M per occurrence and $2M in the aggregate.
  • Photograph Release: Host agrees to provide reasonable assistance to Claw Events if Claw Events wishes to contact a guest from Host's Event to obtain permission to use a photograph or testimonial of the guest using the Cocktail Claw machine.
  • Limitation of Liability and Indemnification. To the maximum extent permitted under applicable law: (a) Claw Events shall not be liable for any direct, indirect, incidental or consequential damages (including without limitation, damages for lost profits or increased expenses) arising from or related in any way to this Agreement, the Cocktail Claw or the services provided; (b) the aggregate liability of Claw Events shall not exceed the greater of $100.00 USD or the amount paid by Host to rent the Cocktail Claw. The limitations of this Section shall apply to any theory of liability whether based on warranty, contract, statute, tort (including negligence) or otherwise and whether or not Claw Events has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. To the extent not prohibited by law, Host releases Claw Events from, and expressly agrees to indemnify and hold harmless Claw Events and its officers, directors, employees, affiliates, shareholders (the “Claw Indemnified Parties”) and agents from any damages, losses, liabilities, expenses and costs (including, but not limited to, reasonable attorneys' fees and costs) arising from third party claims related to: (1) Host's use or operation of the Cocktail Claw; (2) Host's failure to comply with its obligations under this Agreement, including without limitation, Host operating the Cocktail Claw in violation of any applicable law; and (3) any alcohol that Host provides for use in connection with Cocktail Claw or that is served at Host's event. Host agrees that Claw Events shall not be liable for any exposure or potential exposure to COVID 19 or the coronavirus that may occur at the Event where a Cocktail Claw machine is used. Host is directly responsible for initiating and enforcing reasonable and necessary COVID-19 precautions including without limitation, properly sanitizing the machine between users, requiring users to wear facemasks while operating the machine, requiring users to maintain six feet of physical distance from third parties while using the machine, and any other precautions that have been recommended or required by the local or federal government, the CDC, the APA or other reliable source.
  • Miscellaneous. This Agreement is governed by the laws of the State of Ohio without regard to its conflicts of laws principles. Each party irrevocably submits to the exclusive jurisdiction of the courts in Montgomery County, Ohio for the resolution of any claims. All claims must be brought within one (1) year of the event giving rise to the claim. The failure of Claw Events to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect.