Terms and Conditions
This Service Agreement is entered into between Always Kind Co. (“Service Provider”) and the company/person paying for services rendered (“Client”) (together, “Parties”) and sets forth the agreement between the Parties regarding services to be provided by Always Kind Co. for the Client for the event identified in the quote provided via email.
1. Event Details
Client is hiring Always Kind Co. to provide services for their event, as identified in their online booking form and confirmed in their email titled Services. Any changes to these event details must be communicated directly to Always Kind Co. with at least seven (7) days’ notice before the event start date and may require additional payment.
2. Menu to Be Served (Exclusive to Coffee Cart Services)
The Parties have agreed to the menu. Always Kind Co. reserves the right to make small changes to the menu if key ingredients cannot be sourced due to circumstances beyond the Parties’ control.
— Most drinks can be served hot or iced —
Drinks:
• Latte
• Cappuccino
• Mocha
• Americano
• Chai Latte
• Matcha Latte
• Hot Chocolate
• Tea Selection
Syrups:
• Vanilla Syrup
• Chocolate Syrup
• Salted Caramel Syrup
• 1-2 seasonal syrup flavors
Milk Options:
• Whole Milk
• Two alternative milk options
This menu is exclusive to coffee cart services and does not apply to other experiential services provided by Always Kind Co..
3. Coordination with Venue
Always Kind Co. requires access to the venue no later than 1.5 hours in advance of the event start time for setup, and 1 hour post-event for breakdown and load-out. The Client is responsible for making all necessary arrangements, at their expense, to provide this access.
Outdoor Setup: Always Kind Co. can set up coffee carts and equipment outdoors as long as:
• There is no chance of rain
• The temperature is between 40°F and 90°F
Please note that espresso machines do not function effectively in extreme temperatures.
4. Payment Terms
Payment will be made to Always Kind Co. as follows:
• A 100% deposit is due immediately before the event.
• Payment can be made via credit card or check.
• Once payment has been received, services for the event will be confirmed.
If the estimated number of guests increases, a new Estimated Total Cost will be determined. The Client must provide a Final Guest Count in writing at least one (1) week before the event.
4.1 Auto Gratuity Policy
A 15% service charge will be automatically applied to the final invoice for all services rendered.
5. Responsibilities for Related Costs
The Client is solely responsible for all costs and/or deposits related to the venue, including obtaining any necessary permissions or authorizations required for Always Kind Co. to provide services.
Power Requirements:
The Client must provide one (1) dedicated 120V circuit/15 amp per espresso machine. Always Kind Co. will supply all necessary extension cables and multi-sockets.
Without adequate power, espresso machines and grinders may malfunction, causing damage. If the correct power supply is not provided, espresso-based drinks cannot be served, and no refund will be issued. For standard 120V connections, the power source must be within 25 feet of the setup location.
6. Insurance
Always Kind Co. carries or will obtain general liability insurance related to its services at the event.
7. Indemnification
The Client agrees to indemnify Always Kind Co. for any damage, theft, or loss of its property occurring at the event, to the extent caused by the negligence of the Client, their guests, or staff.
8. Cancellation Policy
If the Client needs to cancel the event, they must provide written notice to Always Kind Co..
Refund Policy:
• 30 days before the event: No refund (However, the amount can be credited toward a future event and must be used within 4 months after original event date.)
If custom branding items have already been ordered and are non-refundable, the Client will still be charged for those items.
8.1 Rescheduling Policy
We strive to be flexible but must adhere to the following rescheduling limits:
• Single-day events: Can be rescheduled with at least 72 hours’ notice. 35% rescheduling fee applies. Events canceled with less than 72 hours’ notice will be charged in full.
• Multi-day events: Can be rescheduled with at least seven (7) days’ notice. 35% rescheduling fee applies. Events canceled with less than seven days’ notice will be charged in full.
Rescheduling is subject to Always Kind Co.’s availability on the requested date.
9. Limitation of Remedies
If Always Kind Co. is unable to fulfill its obligations under this agreement due to circumstances beyond its control, it may, with the Client’s written consent, arrange for a replacement service provider at no additional cost or issue a full refund. Always Kind Co. will not be responsible for any additional damages or compensation in such cases.
10. Dispute Resolution
We aim to exceed client expectations. If any issues arise, please communicate with us so we can work towards a resolution.
The Parties agree not to post negative reviews or comments online about the other party without first providing written notice and an opportunity to resolve the issue amicably.
Non-Circumvention Clause
1. Non-Circumvention of Always Kind Co. Studios-Sourced Vendors
The Client acknowledges that Always Kind Co. Studios DBA Always Kind Co. and Always Kind Coffee Cart has invested significant time, effort, and resources in sourcing and establishing relationships with its network of vendors, including but not limited to those engaged for services under this Agreement.
Accordingly, the Client agrees that, for a period of 24 months following the conclusion of this Agreement, the Client shall not directly or indirectly engage, solicit, contract with, or hire any vendor introduced, recommended, or provided by Always Kind Co. Studios DBA Always Kind Co. and Always Kind Coffee Cart, unless expressly authorized in writing by the Agency.
If the Client breaches this provision by hiring or engaging a vendor sourced by Always Kind Co. Studios DBA Always Kind Co. and Always Kind Coffee Cart without prior written consent, the Client agrees to compensate Always Kind Co. Studios DBA Always Kind Co. and Always Kind Coffee Cart with a fee equivalent to 100% of the total contract value between the Client and the vendor, or $10,000 whichever is greater.
This clause is intended to protect Always Kind Co. Studios DBA Always Kind Co. and Always Kind Coffee Cart’s business interests and ensure fair compensation for vendor relationships established through its efforts.
11. Jurisdiction and Venue
These terms and conditions will be interpreted according to the laws of the state and county where the service is provided.
12. Governing Law
This clause shall be governed by and construed in accordance with the laws of the State of California.
13. Entire Agreement
This document, along with its exhibits and attachments, constitutes the entire agreement between the Parties.