CREWMEN
& Co.

STANDARD TERMS AND CONDITIONS

1. Definitions

‘Company’ means CREWMEN & Co. registered at 441a Parliament St Toronto, ON Canada.

‘Conditions’ refers to the standard terms and conditions for the sale and supply of services

‘Contract’ denotes the contract relationship between the Company and client for the sale and supply of services.

‘Client’ denotes a business or individual whose order for services is accepted by the Company.

‘Group’ denotes any and all members of any group under the supervision of the client.

‘Principal Client’ denotes the person making the initial booking on behalf of the group. This person will be the point of contact (and or any substitute for this person).

‘Services’ denotes the services which the Company is to supply in accordance with these terms and conditions at the time of booking.

 

2. Complete Agreement

(i) These conditions shall govern the contract to the exclusion of any other terms and conditions between the Company and the client and no variation to the contract or these conditions (including the incorporation of the client’s standard terms and conditions of business) shall be binding upon the Company unless agreed in writing by the Company and signed by an authorized representative of the Company.

(ii) The Company’s agents or representatives are not authorized to make and representations concerning the service unless an authorized representative of the Company confirms such representations in writing.

(iii) Any typing, clerical or other error or omission in any sales literature, price list, invoice or other documentation or any information issued by the Company (in whatever form and on any media) shall be subject to correction without any liability on the part of the Company.

 

3. Contract

(i) No order submitted by the client shall be deemed to be accepted unless expressly confirmed (in whatever form and on whatever media) by an authorized representative of the Company by means of confirmation or until the Company has begun provision of the services, whichever is first in time.

(ii) The client shall be responsible for ensuring the accuracy of any order submitted by the client including giving the Company any necessary information relating to the contract and delivery (as the case may be) within sufficient time to enable the Company to provide the services as requested by the client.

(iii) By booking with us, it will be assumed that you have had the opportunity to have read and understood our Terms and Conditions and to have done so before a contract between us came into existence. It is understood that the Lead Client has the authority to deal with us on behalf of the group. If there is any change in the Lead Client, you should inform us in writing immediately. The Lead Client must be authorized to make the booking by all persons in the group and their parent or guardian for all group members who are under 18 when the booking is made. We can only accept bookings if the Lead Client is a minimum of 18 years and over. You must check all documents (including any confirmation and vouchers) sent to you and inform us at once if any information detailed appears to be inaccurate or incomplete.

(iv) A legal binding contract is assumed to be in place once an order has been confirmed and payment received by the client in accordance to the Payment clause in section 5.

 

4. Price

(i) All quoted prices are accurate at the time of your booking and are deemed to be correct. In the event that a quoted price differs from an advertised price the quoted price will prevail.

(ii) We have the right to amend any advertised price without notice to previous, current or future clients. It is the responsibility of the client to confirm the advertised price when requesting a quote.

(iii) It is the responsibility of the client to inform any member of the Company if vouchers or gift certificates are to be used and applied to any service at the time of booking. Any quoted price will reflect any redeemed vouchers or gift certificates and it is the responsibility of the client to confirm any quoted price before agreeing to any service.

(iv) Advertised prices for the services stated in any media shall be exclusive of tax.

 

5. Payment

(i) Full payment for all bookings is to be received in full by credit card, bank or Pay pal transfer a minimum of 9 business days prior to the delivery of services.

(ii) If the client fails to make a payment in full on the due date the Company is entitled to cancel the contract or suspend any services to the client.

(iii) By signing the Time Sheet the client gives the Company the right to charge, at the same hourly rate any credit card on file or invoice the client for any additional services requested and performed within 12 hours from the start of any additional service. The client is required to provide payment in full no later than 2 days after the request of additional service or be charged a 12%, calculated daily, interest rate of all outstanding balances.

 

6. Cancellations

(i) The Company requires a minimum of 10 business days notice in the event of a cancellation at a cost of $75 non-refundable cancellation fee.

(ii) No refunds or substitutions shall be issued for cancellations requested 5 non-business days or sooner from the scheduled booking date.

 

7. Risk

(i) The client understands the nature of the services provided by the Company and shall exercise full discretion when booking the services provided by the Company.

(ii) The Company shall not be held responsible for any offence caused to any person and any member of their group during the execution of services.

(iii) The Company is not liable nor be held responsible for the loss or damage to any property belonging to the client during the execution of services.

(iv) The Company has the right to immediately remove and personnel and cancel all remaining services to the client should any agent, authorized representative, employee, or waiter of the Company at any time during the execution the services feel the actions of the client or any member of the group to constitute a threat to their health, comfort safety or well being. The Company further reserves the right to issue no refunds for any remaining service.

(v) The Company is not liable nor responsible for any minor in attendance during the execution of services and it is the clients duty to abide by all laws, by-laws and regulations that may be in effect.

 

8. Liability

(i) The Company is not liable for the personal injury or death of the client or member of the group during the execution of services.

(ii) The Company is not liable for any complaints that may arise due to noise, unruly, disorderly, disruptive behavior.

(iii) The client takes full responsibility for any and all alcohol that is served and handled during the execution of the event and shall be held solely responsible for any underage drinking that may occur.

(iv) The Company is not accountable for any injury, illness, death, loss, damage, expense, cost or any other claim as a result from any but not limited to the following:

(a) the act(s) and/or omission(s) of any person(s) affected or any member(s) of your party or

(b) the act(s) and/or omission(s) of a third-party not or

(c) any forces of nature as outlined in Section 9.

(v) The Company is not responsible or liable for any service arrangement outside of this contract attained through any third-party.

 

9. External Forces

The Company is not liable or deemed to be in breach of any contract in the event of a delay, suspension or failure to perform or execute any part of the Company’s obligations where the delay or failure was due to any external forces beyond the Company’s control. The Company is not liable for any refunds or expenses that should incur as a result of any external force. External Forces include but are not limited to:

a) Acts of God, explosion, fire or flood;

b) War or threat of war, revolution, civil disturbance or requisition;

c) Weather; severe snow, rain or environmental condition which would cause a delay or cancellation of service;

d) Acts, registration, regulations, by-laws of any kind on the part of any government be it municipal, provincial or federal authority.

 

10. Behavior

(i) The Company reserves the right to terminate your booking, at any time if your behavior or that of any member of the group is likely in our opinion to cause damage, distress, danger or annoyance to our employees. If such an incident should occur our employees waiters have the right to call any member of the Company’s management and request a withdrawal from the site. At such time we will inform you of the infraction and confirm a breach in contract nullifying any services yet to be performed. No refunds will be issue in whole or part for any infraction that results in the removal of any of our employees waiters.

(ii) Our employees are Smart Serve certified and as such have the right to refuse the consumption of alcohol to either the client or any member of the group. In such event the client and any member of Company management will be notified and a “Time Out” period will be documented in the waiters Time Sheet. Once the Time Out period terminates we will re-evaluate the condition and asses a solution.

(iii) The Company or any employee has the right to refuse alcohol to any member of the group should they appear to be under the age of 18 and have the right to request photo ID at any time during the execution of services.

(iv) The Company reserve the right to terminate your booking if your behavior or that of any member of the group is likely in our opinion to cause damage, distress, danger or annoyance to you, the client, other members of the party, property or anyone in attendance. If you or any member of the group is/are prevented from participating in any activity because we or any person in authority has reason to believe you appear to be unfit or likely to cause discomfort to or disturb other participants, you will not be able to complete or participate and we will not be liable for any refund or compensation.

(v) When booking through us, you accept accountability for the proper conduct of yourself and other members of your party or group. The Company has the right to cancel all or part of your expected services. Further, you are liable for any damage caused during your event. Failure to do so, will result in you being responsible for meeting any subsequent claims made against us (together with our own and the other parties full legal costs) as a result of your actions or the actions of any group member. A third-party may require a deposit be paid by the client at the time of arrival in order to cover potential damage. Deposit will be refunded upon completion provided there is no damage to the third-party’s facilities.

(vi) You agree that all members of the group act, at all times in a safe and responsible manner and abide by all safety rules, procedures and regulations. You agree to attend all safety and information briefings as applicable. You agree to make any persons in authority aware, without delay of any equipment or site deficiencies or concerns, and observe and obey all laws, requests, terms of use of any supplier, including accommodation and entertainment venues.

(vii) The use of drugs is strictly prohibited and punishable by law. Any agent, employee, authorized person of the Company has the right to refuse service or execute any part of the contract in the presence of any illegal drug(s).

 

11.Information Integrity

While we make every effort in presenting true and accurate information through various means of communication we cannot always guaranteed its accuracy. We reserve the right to make changes, amend errors in our corporate website and other forms of communication either before and after bookings have been confirmed or cancelled with or without notice. We will inform the client should we to make significant changes to any form of communication material which directly affects the client.

 

12. Indemnity

The client shall indemnify the Company against all costs, fees, expenses, payments, liabilities, losses and damages arising out of the breach or negligent performance by the client or any member of the group of any terms of the contract.

 

13. Intellectual Property

(i) The client shall not use, reproduce or exploit any media in any form whatsoever obtained during the execution of services. The client shall not use or reproduce any likeness to any uniform, outfit that resembles the outfits worn by any member of the Company.

(ii) Models, when applying, interviewing for employment with the Company understand and agree that they will be employed on a contract basis and at any time, without explicit reason may be released from their duties. However, they understand and agree to relinquish any rights to any photographs and media the Company may take upon completing the interview process and once and only once they complete one event. Any compensation received from the Company to any model after the completion of their first event and any event there after is deemed compensation for any photos or images used by the Company to use as their own in any way the Company deems fit. Any media (photographs or otherwise) obtained or staked of/from the Models is deemed to be the exclusive intellectual property of the Company.

(iii) The client understands that any photos taken during the course of an event in which any member of our Company is visible in full or in part may be used by the Company in any form of media, social or otherwise. By submitting payment and providing the address of the event venue, the client agrees to use said media by the Company and be owned by the Company as intellectual property.

 

14. Complaints Procedure

All complaints related to the services provided are to be communicated within 7 days in writing if your complaint or claim does not involve death or personal injury or illness or within 3 months if your complaint or claim involves death, personal injury or illness. The Company will responded to any and all complaints within 5 working days of receipt within the period as stated above.

 

15. Law and Jurisdiction

This Agreement and all matters arising from it shall be interpreted and shall be governed according to Canadian law and shall be subject to the exclusive jurisdiction of the Courts of Canada.