TERMS & CONDITIONS
Governed by the Laws of the State of California
BINDING CONTRACT — READ CAREFULLY BEFORE SIGNING
This document constitutes a legally binding contract between Always Kind Studios LLC , dba Always Kind Co. and the Client. By signing, both parties agree to be fully bound by all terms and conditions set forth in this Agreement. Electronic acknowledgment, digital signature, or physical signature each carry equal legal weight under California law. Do not sign - agree unless you have read and understood this Agreement in its entirety.
This Terms & Conditions Agreement (“Agreement”) is entered into between Always Kind Co. (“Service Provider”) and the company or individual paying for services rendered (“Client”), together referred to as the “Parties.” This Agreement governs all services provided by Always Kind Co. as identified in the quote provided via email or online booking.
1. Event Details
Client is hiring Always Kind Co. to provide services for their event as identified in their online booking form and confirmed via email. Any changes to event details must be communicated in writing at least seven (7) days prior to the event start date and may require additional payment.
2. Menu to Be Served (Coffee Cart Services Only)
The Parties have agreed to the menu listed below. Always Kind Co. reserves the right to make minor substitutions if key ingredients cannot be sourced due to circumstances beyond the Parties’ control. Most drinks can be served hot or iced. This menu applies exclusively to coffee cart services.
DRINKS
Latte
Cappuccino
Americano
SYRUPS
Vanilla Syrup
Chocolate Syrup
Salted Caramel Syrup
1–2 Seasonal Syrup Flavors (subject to availability)
MILK OPTIONS
Whole Milk
One (1) Alternative Milk Options — such as oat, coconut, or almond (subject to availability)
3. Coordination with Venue
Always Kind Co. requires access to the venue no later than ninety (90) minutes prior to the event start time for setup, and one (1) hour post-event for breakdown and load-out. Client is responsible for making all necessary arrangements and bearing any associated costs to provide this access.
OUTDOOR SETUP CONDITIONS
Always Kind Co. may set up outdoors provided all of the following conditions are met:
No rain is forecast or present at the time of setup or service
Temperature is between 40°F and 90°F throughout the event
Equipment Note
Espresso machines do not perform effectively in extreme temperatures. Always Kind Co. reserves the right to modify or suspend service if outdoor conditions fall outside these ranges. No refund will be issued if weather conditions make service impossible and Client has not arranged a covered or indoor alternative.
4. Payment Terms
A deposit of one hundred percent (50%) of the quoted total is due prior to the event on the date specified in the invoice. Invoice must be paid in full 7 days before event. If past due Always Kind Co., can cancel event without notice. Client is still responsible for due balance.
Accepted payment methods: credit card (subject to a 3.6% processing fee) ACH, FlashQuotes, Zelle
Services are confirmed only upon receipt of full payment.
If the estimated guest count increases, a revised total will be calculated and invoiced. Client must provide a final written guest count at least seven (7) days before the event.
4.1 — AUTO-GRATUITY POLICY ( this is not the same as the service fee)
A fifteen percent (15%) service charge will be automatically applied to the final invoice for all services rendered. This charge is non-negotiable and compensates Always Kind Co. staff for their service. If Client requests removal of this charge, a signed written waiver must be submitted no later than fourteen (14) days prior to the event.
5. Client Responsibilities & Related Costs
Client is solely responsible for all costs and deposits related to the venue, including obtaining any necessary permissions or authorizations required for Always Kind Co. to provide services at the designated location.
POWER REQUIREMENTS
Client must provide one (1) dedicated 120V / 15-amp circuit per espresso machine.
Always Kind Co. will supply all necessary extension cables and multi-sockets.
The power source must be located within twenty-five (25) feet of the setup location for standard connections.
No Refund — Power Failure
Without adequate power, espresso machines and grinders may malfunction or sustain damage. If the correct power supply is not available on-site, espresso-based drinks cannot be served. No refund will be issued. Client assumes full responsibility for ensuring the correct power supply is available.
6. Insurance
Always Kind Co. carries, or will obtain prior to the event date, general liability insurance covering its services at the event. Proof of insurance may be provided upon written request submitted at least fourteen (14) days prior to the event.
Section 7. Mutual Indemnification
Each Party (the "Indemnifying Party") agrees to indemnify, defend, and hold harmless the other Party and its respective officers, employees, agents, and independent contractors (collectively, the "Indemnified Party") from and against any and all claims, liabilities, damages, losses, costs, or expenses — including reasonable attorneys' fees — arising from the Indemnifying Party's own acts or omissions in connection with this Agreement.
7.1 — Indemnification by Client
Client agrees to indemnify, defend, and hold harmless Always Kind Co. and its officers, employees, agents, and independent contractors from and against any claims, liabilities, damages, losses, costs, or expenses — including reasonable attorneys' fees — arising from:
(a) damage, theft, or loss of Always Kind Co. property caused by Client, Client's guests, invitees, or staff;
(b) Client's breach of any provision of this Agreement;
(c) the negligent or wrongful acts or omissions of Client, Client's guests, invitees, or staff in connection with the event; or
(d) any third-party claim arising from Client's use of Always Kind Co.'s services, to the extent such claim results from Client's own conduct or that of Client's guests or agents.
7.2 — Indemnification by Always Kind Co.
Always Kind Co. agrees to indemnify, defend, and hold harmless Client and its officers, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, or expenses — including reasonable attorneys' fees — arising from:
(a) damage to Client's property caused by the negligent or wrongful acts or omissions of Always Kind Co., its staff, agents, or independent contractors during the performance of services under this Agreement;
(b) Always Kind Co.'s breach of any provision of this Agreement;
(c) the negligent or wrongful acts or omissions of Always Kind Co. staff or agents in connection with the event; or
(d) any third-party claim arising directly from Always Kind Co.'s performance of services, to the extent such claim results from Always Kind Co.'s own conduct or that of its staff or agents.
7.3 — Limitations and Conditions
The indemnification obligations of each Party under this Section are subject to the following conditions:
(a) Notice. The Indemnified Party must provide the Indemnifying Party with prompt written notice of any claim for which indemnification is sought. Failure to provide timely notice shall not relieve the Indemnifying Party of its obligations except to the extent the Indemnifying Party is materially prejudiced by such failure.
(b) Control of Defense. The Indemnifying Party shall have the right to assume control of the defense of any claim, at its own expense, using counsel of its choosing. The Indemnified Party shall cooperate fully and may participate in the defense at its own expense.
(c) No Admission. Neither Party shall make any admission of liability or enter into any settlement that imposes obligations on the other Party without that Party's prior written consent, which shall not be unreasonably withheld.
(d) Proportional Liability. Where a claim arises from the combined conduct of both Parties, each Party's indemnification obligation shall apply only to the proportion of liability attributable to its own acts or omissions, as determined by a court of competent jurisdiction or mutual written agreement.
(e) Cap on Liability. Notwithstanding the foregoing, neither Party's total indemnification obligation under this Agreement shall exceed the Total Contract Amount paid or payable by Client to Always Kind Co. under this Agreement, except in cases of gross negligence, willful misconduct, or fraud.
8. Cancellation Policy
Written notice of cancellation must be provided to Always Kind Co. immediately. The following terms apply:
REFUND SCHEDULE
30+ days before the event: Amount paid may be credited toward a future booking, to be used within four (4) months of the original event date. No cash refund will be issued.
Fewer than 30 days before the event: No refund and no credit will be issued. Client forfeits all amounts paid.
If custom-branded items — such as cups, sleeves, signage, or print assets — have already been ordered and are non-refundable from third-party vendors, Client will be charged for those items regardless of cancellation timing.
8.1 — RESCHEDULING POLICY
Single-day events: Rescheduling permitted with at least 72 hours’ notice. A 35% rescheduling fee of the total contract value applies. Requests with less than 72 hours’ notice will be charged in full.
Multi-day events: Rescheduling permitted with at least seven (7) days’ notice. A 35% rescheduling fee applies. Requests with less than 7 days’ notice will be charged in full.
All rescheduling is subject to Always Kind Co.’s availability. If the requested date is unavailable, no reschedule will be offered and no refund will be issued.
9. Limitation of Remedies
If Always Kind Co. is unable to fulfill its obligations under this Agreement due to circumstances beyond its control, Always Kind Co. may, at its sole discretion: (a) arrange for a qualified replacement service provider at no additional cost to Client; or (b) issue a full refund of amounts paid. In either case, Always Kind Co.’s total liability shall not exceed the Total Contract Amount. Always Kind Co. shall not be liable for any consequential, incidental, or indirect damages.
10. Content Creation & Media Rights
Why This Clause Exists
Always Kind Co. is a creative production company. Documenting our work — including photography and video at brand activations, pop-ups, and events — is fundamental to our business. This clause protects our right to do so clearly and unconditionally, regardless of whether our carts or equipment carry a client’s branded materials. We work with major brands and agencies, and we will not waive this right.
10.1 — ALWAYS KIND CO.’S UNCONDITIONAL RIGHT TO CAPTURE CONTENT ( Waived if there is written mutual agreement)
Client expressly acknowledges and irrevocably agrees that Always Kind Co. retains an unconditional, perpetual right to photograph, video record, film, and otherwise capture content at any event, activation, or engagement at which Always Kind Co. is providing services (“Event Content”). This right applies regardless of:
Whether Client’s logo, trademarks, brand colors, branded packaging, or any other proprietary brand identifiers are displayed on Always Kind Co.’s equipment, carts, cups, signage, uniforms, or any other materials;
Whether the event is private, exclusive, branded, or governed by a separate Non-Disclosure Agreement — except as provided in Section 10.4;
Whether the Client is an agency acting on behalf of an end-brand, a direct brand, or any other third party;
Whether Client, an agency representative, a brand manager, or any other third party objects to content capture at the event.
"Always Kind Co.'s content capture is limited to its own equipment, carts, beverages, and service setup. Always Kind Co. does not photograph, film, or publish identifiable images of Client's consumers, staff, or guests without their express consent."
No On-Site Override
No verbal instruction, on-site objection, agency policy, or brand guideline communicated at or during the event shall limit Always Kind Co.’s rights under this Section. Any attempt to prevent Always Kind Co. from capturing content during the event shall constitute a material breach of this Agreement by Client. Client to pay a fee not to exceed $2500 usd
10.2 — PERMITTED USES OF EVENT CONTENT
Always Kind Co. may use all captured Event Content for any of the following purposes without further consent or compensation to Client, any agency, or any brand:
Social media platforms including Instagram, TikTok, Facebook, LinkedIn, Pinterest, and YouTube
Website portfolio pages, galleries, and named client case studies
Paid advertising, sponsored content, and digital marketing campaigns
Press kits, media pitches, award submissions, and editorial features
Educational content, courses, guides, and training materials
Business development presentations and investor materials
Print materials including brochures and event recaps
10.3 — CLIENT LOGOS & BRAND IDENTIFIERS IN CONTENT
Where Client’s logo, brand name, trademarks, or other brand identifiers appear in Event Content captured by Always Kind Co., the following applies:
Always Kind Co. may publish and use such content in its full, unedited form without prior approval from Client, any agency, or any end-brand.
Always Kind Co. is under no obligation to obscure, blur, crop, or remove client branding before or after publication.
Always Kind Co. may identify the Client or brand by name in captions or posts unless a specific written restriction has been agreed under Section 10.4.
Client agrees that the appearance of Client’s branding in Always Kind Co.’s published content does not constitute trademark infringement or unauthorized commercial use, as the content documents Always Kind Co.’s own services.
Agency & Brand Representative Notice
If you are an agency contracting Always Kind Co. on behalf of an end-brand, you are responsible for communicating the terms of Section 10 to your client before signing. Always Kind Co. will not be bound by brand guidelines, agency NDAs, or end-client confidentiality policies that are not expressly acknowledged in writing under Section 10.4. Signing this Agreement confirms you have authority to bind both the agency and the end-brand to these terms.
10.4 — LIMITED CONFIDENTIALITY EXCEPTION (WRITTEN OPT-IN ONLY)
If Client requires specific content restrictions — such as embargo periods or pre-approval requirements — the following process applies:
Client must submit a written content restriction request to Always Kind Co. no later than fourteen (14) calendar days prior to the event.
Always Kind Co. must respond with a signed written acknowledgment specifically agreeing to the restrictions. No verbal agreement or unsigned document constitutes a valid restriction.
Any agreed restrictions apply only to publication and distribution — not to Always Kind Co.’s right to capture content on-site.
Restrictions apply only to the specific event and do not create ongoing content obligations.
Default Rule: No Written Opt-In = No Restriction
Absent a signed written agreement under Section 10.4, Always Kind Co. retains full and unrestricted rights to capture, publish, and use all Event Content. No on-site objection, agency policy, or brand guideline can override this default.
10.5 — PERPETUAL LICENSE GRANT BY CLIENT
By signing this Agreement, Client grants Always Kind Co. a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, publish, distribute, and display all Event Content captured by Always Kind Co. for any purpose described in Section 10.2. This license survives the termination or expiration of this Agreement and cannot be revoked once signed. Always Kind Co, only uses their content to promote their services.
10.6 — CREDIT & ATTRIBUTION
Always Kind Co. will use reasonable discretion to credit contributing creative professionals — such as photographers, florists, and venues — when publishing Event Content. Always Kind Co. is under no obligation to credit Client or any agency unless expressly agreed in writing.
11. Guerrilla Marketing & Unsanctioned Activations
Client acknowledges that any activation, event, or service involving guerrilla marketing, pop-up placements, unpermitted setups, or operations within areas not formally approved in writing by the venue, property owner, city, or governing agency (“Unsanctioned Activations”) carries inherent legal and operational risks entirely outside the control of Always Kind Co.
11.1 — CLIENT ASSUMPTION OF FULL RISK
By engaging Always Kind Co. for an Unsanctioned Activation, Client assumes full and sole responsibility for all associated risks, including:
Removal, shutdown, or forced cessation of services by property owners, security, law enforcement, or any authority
Denial of access to the activation site before or during the event
Confiscation, impoundment, or damage to equipment resulting from the unauthorized nature of the activation
Fines, citations, or legal liability assessed against Client, Always Kind Co., or both
Any injury, loss, or damage to third parties arising from the activation or its shutdown
11.2 — ALWAYS KIND CO. IS NOT RESPONSIBLE FOR PERMITS OR APPROVALS
Always Kind Co. shall not be responsible for obtaining or securing any of the following:
Location permissions or property owner approvals
City or municipal permits
Health department approvals
Business licenses or parking permissions
Any legal clearance required for the event
11.3 — NO REFUND POLICY FOR INTERRUPTED OR SHUT-DOWN EVENTS
Always Kind Co. shall have no obligation to issue any refund, credit, or compensation if services are interrupted, suspended, or terminated because:
The activation is shut down by any property owner, law enforcement, security, or other authority
Always Kind Co. is denied access to the activation site upon arrival or at any point during service
Services cannot commence due to the unauthorized nature of the location
Client fails to secure required permits, licenses, or authorizations prior to the activation date
NO REFUND — Guerrilla / Unsanctioned Events
All amounts paid to Always Kind Co. — including any deposit and remaining balance — are fully earned and non-refundable if the event is shut down, delayed, or impacted due to lack of permits, unauthorized placement, or any enforcement action. This applies regardless of whether Always Kind Co. staff were on-site, in transit, or had begun service at the time of shutdown.
11.4 — ALWAYS KIND CO.’S RIGHT TO WITHDRAW
Always Kind Co. reserves the right to withdraw from any guerrilla marketing activation at any time — before, during, or after setup — if Provider staff reasonably determine that the activation poses a legal, safety, or reputational risk. In such cases, no refund will be issued and Always Kind Co. will not be liable for any losses incurred by Client.
11.5 — CLIENT INDEMNIFICATION FOR FINES & PENALTIES
If citations, fines, or penalties are issued in connection with an Unsanctioned Activation, Client agrees to assume full financial responsibility and to indemnify Always Kind Co. for all associated costs, including legal fees.
12. Dispute Resolution
Always Kind Co. aims to exceed client expectations. If any issues arise, Client agrees to communicate directly with Always Kind Co. in writing before pursuing any external remedy.
The Parties agree not to post negative reviews or comments online about the other party without first providing written notice and a reasonable opportunity to resolve the issue amicably. This provision does not limit either party’s legal rights.
13. Non-Circumvention
Always Kind Co. has invested significant time and resources in sourcing and establishing relationships with its vendor network. Accordingly, Client agrees that for a period of twenty-four (24) months following the conclusion of this Agreement, Client shall not directly or indirectly engage, solicit, contract with, or hire any vendor introduced or provided by Always Kind Co. without express prior written consent from Always Kind Co.
Breach Fee
If Client hires or engages a vendor sourced by Always Kind Co. without prior written consent, Client agrees to pay Always Kind Co. a fee equal to 100% of the total contract value between Client and that vendor, or $10,000 — whichever is greater. This clause is intended to protect Always Kind Co.’s established vendor relationships and business interests.
14. Food, Beverage & Branded Assets (No Rollover)
14.1 — ALLOCATION FOR EVENT DATE ONLY
Always Kind Co. prepares, purchases, and allocates all food, beverage, and branded materials exclusively for the event date listed in this Agreement. This includes all consumables, syrups, toppings, milk alternatives, ice, branded cups, sleeves, stirrers, signage, decals, labels, and any custom-printed or fabricated items.
14.2 — NO ROLLOVER OR CREDIT FOR UNUSED PRODUCT
Any unused product, ingredients, or branded assets cannot be rolled over, transferred, refunded, or credited toward a future booking. Unused quantities hold no monetary value once allocated for the event.
14.3 — ON-SITE ADDITIONS
Should additional drinks, product, or branded items be requested on-site beyond the agreed quantities, Client authorizes Always Kind Co. to produce or provide those items and to invoice for all associated product, labor, and rush fees.
14.4 — OWNERSHIP OF BRANDED MATERIALS
Unless explicitly stated otherwise in writing, all branded items, artwork files, print assets, and custom materials produced by Always Kind Co. remain the property of Always Kind Co. Use outside the scope of the event is not permitted without written consent. Always Kind Co, discards all material 10 days after event completion.
15. OPERATIONAL BASE, JURISDICTION & PERMIT RESPONSIBILITY
Brick and Mortar Operations — San Bernardino County
Always Kind Co. is a California-based company operating its primary brick and mortar facility in San Bernardino County, California. Always Kind Co. is licensed, insured, and operates in compliance with all applicable San Bernardino County health, business, and operational regulations as they pertain to its base of operations. Always Kind services private events all over California and Nationwide.
White Label Events & Event Host Permit Responsibility
For all white label events, pop-ups, brand activations, guerrilla marketing activations, and any other events produced by Always Kind Co. on behalf of a Client outside of Always Kind Co.'s San Bernardino County base of operations — including but not limited to events taking place in the City of Los Angeles, unincorporated Los Angeles County, or any other municipality or jurisdiction — the following applies:
(a) Permit Responsibility. Client, as the event host, is solely and exclusively responsible for obtaining all permits, licenses, and authorizations required by the applicable jurisdiction for the event. This includes but is not limited to:
Los Angeles County Department of Public Health temporary food facility permits
City of Los Angeles or applicable municipality special event permits
Venue-specific vendor authorization and third-party vendor agreements
Fire department and safety clearances where required
Parking, noise, and street use permits where applicable
(b) LA County Health Department. For events taking place within Los Angeles County jurisdiction, Client acknowledges that the Los Angeles County Department of Public Health may require a Temporary Food Facility permit or equivalent authorization for any food or beverage service taking place at the event. Client is responsible for determining whether such permits are required, applying for and obtaining all required permits in advance of the event date, and providing Always Kind Co. with copies of all applicable permits no later than five (5) business days before the event.
(c) Always Kind Co. Is Not the Permit Holder. Always Kind Co. does not apply for, hold, or assume responsibility for any event permits on behalf of Client. Always Kind Co.'s San Bernardino County operational licenses and permits govern its base of operations only and do not extend to events hosted in other jurisdictions. Client expressly acknowledges this and agrees to hold Always Kind Co. harmless from any fines, citations, shutdowns, or legal consequences arising from Client's failure to obtain required permits.
(d) Event Shutdown Due to Permit Failure. If an event is shut down, delayed, or interrupted by any authority due to Client's failure to obtain required permits or authorizations, Always Kind Co. shall not be liable for any resulting losses and no refund will be issued. All amounts paid to Always Kind Co. are fully earned upon commitment of the event date regardless of permit-related disruptions on the Client side.
(e) Always Kind Co. Assistance. While Always Kind Co. is not responsible for obtaining permits, Always Kind Co. will provide reasonable assistance to Client upon request — including providing proof of Always Kind Co.'s general liability insurance, food handler certifications, and any other documentation that may be required by a permitting authority. Such assistance does not constitute assumption of permit responsibility.
16. Jurisdiction & Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law provisions. Any dispute arising under this Agreement shall be resolved in the courts of competent jurisdiction in the State of California. The prevailing party in any legal proceeding shall be entitled to recover reasonable attorneys’ fees and costs from the non-prevailing party.
17. Entire Agreement
This document, along with its exhibits and attachments, constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, and agreements, whether oral or written. This Agreement may only be amended by a written document signed by authorized representatives of both Parties.
Acknowledgment & Binding Signature
THIS IS A LEGALLY BINDING CONTRACT
By signing below, both parties acknowledge that they have read, understood, and agree to be fully bound by all terms and conditions set forth in this Agreement. This Agreement is binding upon signature — whether physical, electronic, or digital — and is enforceable under the laws of the State of California.
Client further acknowledges and confirms the following by signing:
I have read and understood all terms and conditions in this Agreement in their entirety.
I understand that Always Kind Co. has the unconditional right to photograph and film at my event, including when branded materials are visible (Section 10).
I understand that deposits and payments are non-refundable as outlined in Sections 4 and 8.
I understand that guerrilla or unsanctioned activations are at my sole risk and no refund will be issued if the event is shut down (Section 11).
I agree that this document constitutes a legally binding contract enforceable under California law.