EVENT SERVICES AGREEMENT

This EVENT SERVICES AGREEMENT (the “Agreement”) is between NYFTA INC (the “Company”); and the signor of the quoted agreement (the “Client”), as of the date of signature.

The Company (the “Company”) represents food trucks that sell a variety of products. The Client desires to hire the Company and the trucks it represents to attend and provide food items and other specified related items for the event specified herein. Accordingly, the Company and the Client agree as follows:

  1. EVENT INFORMATION – The name, address, date, and time for the event (the “Event”) is set forth within the Comments Section of this Agreement.
  1. FOOD AND DRINK – The Company shall supply the food and/or drink products specified within the Comments Section of this Agreement.
  1. SPECIAL INSTRUCTIONS [OR DECORATIONS] – Any special instructions [or decorations] that the Client requests shall be listed within the Comments Section of this Agreement. [In addition, the Client shall attach a picture if possible of any desired decoration.]
  1. PAYMENT – The Client shall pay the total per the quote to the Company upon execution of this contract, unless otherwise agreed upon. Payment shall be remitted via ACH or Credit Card using the Quickbooks link provided, or by mail to the NYFTA Inc. address listed in 9b below. Credit Card payment is to be requested by the Client by emailing [email protected] and is subject to an additional 3.5% processing fee. All payments via check should be made out to “NYFTA INC.” New York State sales tax is applicable to all transactions unless a valid, complete tax exempt form is provided.
  1. STAFF MEMBERS – For the Event, the food truck(s) represented by The Company shall supply the number of staff members necessary for service and will be solely responsible for their compensation. See 7 below for the Company’s COVID 19 protocols.
  1. PARKING SPOT – Unless the client engages the Company for spot holding services, the Client is responsible for providing an adequate and legal parking space for the food truck(s) to park in for the duration of the event. The food truck(s) will be vending from the passenger side. The company and the trucks are by default, not responsible for this but will do their best to aid the client in this process. Should a legal parking spot not be obtained by the client, the truck will try to park at the closest available location to the event address. Regardless of the parking location, the client will still be responsible for the full payment listed in the Agreement.
  1. CANCELLATIONS AND MODIFICATIONS – Given the nature of food products, the Client understands and agrees that if the Client cancels the event on or before fourteen (14) days prior to the Event, the Client shall pay Company 50% of the total amount due. If the Event is canceled or postponed by the Client within fourteen (14) days prior to the Event for any reason, including, for inclement weather or the Client’s decision to cancel the Event or the Event being otherwise postponed, accelerated, canceled or reduced in scope, the Client will be responsible for the full amount due under the Agreement. In response to COVID-19, the Company requires all staff operating the Event to follow the appropriate safety guidelines, as outlined by the CDC and local government. If any staff tests positive or has been exposed to COVID19 in the 14 days prior to the Event, the Company will replace said staff. The Client may request, at additional charge, that staff be tested for COVID19 prior to their working at the event.
  1. WARRANTY – The Company warrants that the food and services provided under this Agreement shall be produced and performed in full accordance with the Company’s standard procedures applicable as of the date of this Agreement. In the event the food and services provided hereunder are determined either by the Company or an independent arbitrator in a final adjudication to have been done in a negligent manner solely as measured against those procedures, the Company shall promptly refund the full amount the Client has paid to the Company Any such refund shall constitute the Client’s sole and exclusive remedy under this Agreement except as otherwise required by law. EXCEPT AS PROVIDED ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE CLIENT FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING (WITHOUT LIMITATION) LOST PROFITS AND/OR LOST INCOME, WHETHER OR NOT THE CLIENT HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, FOR ANY REASON WHATSOEVER.
  1. MISCELLANEOUS:

      1. GOVERNING LAW – This Agreement and the legal relations among the parties hereto will be governed by and construed in accordance with the internal substantive laws of the State of New York (without regard to the laws of conflict that might otherwise apply) as to all matters, including, without limitation, to matters of validity, construction, effect, performance and remedies.
      2. NOTICES – All notices or other communications in connection with this Agreement shall be in writing and shall be considered given when personally delivered or when mailed by registered or certified mail, postage prepaid, return receipt requested, or when sent via commercial courier or telecopier, directed, as follows:

    If to the Client, to the Contact Person/Company specified in the Agreement above. If to the Company:

    NYFTA INC.

    350 East 54th St, Suite 1H

    New York, NY, 10022

    E-mail: [email protected]

      1. ENTIRE AGREEMENT – This Agreement sets forth the parties’ final and entire Agreement with respect to its subject matter and supersedes any and all prior understandings and agreements.
      2. BINDING ARBITRATION – All disputes, claims, counterclaims and controversies arising under this Agreement shall be arbitrated pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any arbitration proceeding shall be held in the City of New York, New York County. The arbitrator shall have all powers of law and equity, which he can lawfully assume, necessary to resolve the issues in dispute including, without limitation, making awards of compensatory damages, and issuing both prohibitory and mandatory orders in the nature of injunctions and compelling the production of documents and witnesses for presentation at the arbitration hearings on the merits of the case. The decision of the arbitrator shall be in written form and state the reasons upon which it is based. Any action or proceeding subsequent to any award rendered by the arbitrator including, but not limited to, any action to confirm, vacate, modify, challenge or enforce the arbitrator’s decision or award shall be filed in a court of competent jurisdiction in the same county where the arbitration of the dispute was conducted.
      3. SUCCESSORS – This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, executors, administrators, personal representatives, successors, and assigns; provided, however, that neither this Agreement nor any right or obligation under this Agreement may be assigned or transferred and such attempted assignment or transfer shall be null and void ab initio.
      4. SEVERABILITY – If any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision shall be construed and enforced as if it had been more narrowly drawn so as not to be illegal, invalid, or unenforceable, and such illegality, invalidity, or unenforceability shall have no effect upon and shall not impair the enforceability of any other provision of this Agreement. 
      5. COUNTERPARTS – This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
      6. AMENDMENT, WAIVER, DISCHARGE, ETC. – This Agreement can be amended, supplemented, or changed, and any provision of this Agreement can be waived, only by a written instrument making specific reference to this Agreement signed by the party against whom enforcement of any such amendment, supplement, change, or waiver is sought. The failure of any party to enforce at any time any of the provisions of this Agreement shall in no way be construed to waive any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of any party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.
      7. NO THIRD-PARTY BENEFICIARIES – Nothing in this Agreement, express or implied, is intended to or shall (a) confer on any person or entity other than the parties hereto and their respective successors or permitted assigns any rights (including third-party beneficiary rights), remedies, obligations or liabilities under or by reason of this Agreement, or (b) constitute the parties hereto as partners or as participants in a joint venture. This Agreement shall not provide third parties with any remedy, claim, liability, reimbursement, cause of action or other right in excess of those existing without reference to the terms of this Agreement.
  1. SOCIAL MEDIA – The Client hereby authorizes and gives full permission to Company and/or Subcontractors to do the following on any social media site:
    1. Post content of the event, which may include content depicting food truck(s), food truck logo(s), Client employees, any patron(s) of food truck, any person(s) at and around food truck, any person(s) present at and around the event, and any and all other content of the event that Company and/or Subcontractors post to social media.
    2. Definitions: “Social media” includes but is not limited to, Instagram, Facebook, Twitter, and TikTok. “Content” includes but is not limited to photographs, videos, and any audiovisual elements and information that “Company” and/or “Contract Subcontractor” posts to social media.

IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date of signature.

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