The following terms and conditions govern your purchase of event services from the bowling facility (“facilities”, “we” or “us”). You agree as follows:
1. You are obligated to pay the total fees and charges referenced above on the face of this contract. Such amount represents your minimum total spend for the event (“Minimum Total Spend”). Subject to availability and our approval, you may modify the type or amount of event services you have purchased with us up to 3 business days prior to the event, provided you cannot reduce your Minimum Total Spend. All guests in your party will be counted as attendees.
2. (a) If you are ordering our services online through our web portal, you agree to pay for the total amount of your purchase upfront in full by credit card at the time of submitting your order to us. (b) If you are ordering our services other than through online means, you will deliver us a deposit in the amount specified above in this contract, payable by credit card, company check made payable to us or cash at the time of signing this contract. If such deposit is not received, we may cancel this contract with no further notice to you. The balance owed is due three (3) business days prior to the date of the event. (c) You authorize us to charge any credit card on file with us as sums are due hereunder, including any costs for damage caused by you or your guests. (e) Upon signing this contract, you are unconditionally liable for 10% of the total fees and charges which shall constitute a nonrefundable and noncancelable obligation (“nonrefundable commitment”). You may cancel this contract and the event up to 30 days prior to the date of event at which time we will refund the total fees and charges previously delivered to us, less your nonrefundable commitment which is retained by us. After the date which is 30 days prior to the event date, there will be no refunds and all obligations are noncancelable and you responsible for the total amount of your purchase (i.e., all contracted fees and charges). Any deposit or previously delivered funds can be applied against such obligation but you remain responsible for the full obligated sums. (f) Events cannot be rescheduled without our express prior written consent. If you purchase additional services and goods on the day of the event, you are liable for all additional amounts owed. Before commencing your event, you must bring and provide us the actual credit card you used at time of purchase and a valid photo i.d.
3. All food and beverages (alcoholic & non-alcoholic) must be purchased from us. No outside food (excluding birthday cakes/cupcakes), beverages, DJs, live music, open flame, equipment, decorations, or dancing are permitted. All events (other than events booked online) with 20 or more guests, or 4 or more lanes must pre-order food & beverages in an amount equal to or greater than the above stated contracted fees. During the month of December, you must purchase food & beverages in an amount equal to or greater than the above contracted price. “Tabs” are not permitted. None of our food or beverages may be removed from the premises. We are not responsible for any your property left unattended at the facilities. Lane location will be selected at the sole discretion of the facility unless stated otherwise in this contract.
4. We are solely providing the facilities, services and equipment expressly stated in this contract, and no other. If you require installation of lighting or audio/video equipment or a tie-in to our existing systems, you must deliver such equipment for testing at our facilities at least 72 hours prior to the event, and we may require the presence of additional personnel whose time will be charged back to you. Rates are available upon request. Your equipment is not guaranteed to operate with our facilities.
5. If you provide us a credit card, we will apply all fees and charges incurred for the event against such card. You, however, remain responsible for all fees and charges incurred during the event.
6. Events may involve physical activity. You and your guests represent that you are in proper health to participate in such activities. You assume risks arising therefrom. We reserve the right to refuse entry due to age restrictions. 18+ and drinking age restrictions vary by location on nights and weekends. Children must be 4 or older to bowl and chaperoned. We reserve the right to refuse service and remove anyone from the facility which we reasonably believe threatens the safety of personnel or guests or causes damage to our facilities, including activity pertaining to: concealed weapons, intoxication, dress code violations, health/security, illegal drug activity, and/or any activity that violates federal, state, provincial or local laws. Other local restrictions and facility house rules may apply. You may not incorporate decorations, marketing, equipment, furniture or other similar items at the event without our prior written consent.
7. You are responsible for any and all damages, losses, claims and liability arising out of or related to your or your guests’ use of the event facilities, equipment and services, or related to your event, including property damage or personal injury arising therefrom, and will release, indemnify and hold us harmless from damages, losses, claims and liability resulting therefrom (other than claims caused by our gross negligence or willful misconduct).
8. By signing this contract, the signer is attesting that he/she is authorized to sign this contract and hereby authorizes the credit card charges noted herein. We may send you marketing, advertising or promotional communication to the contact information you provided – if you do not wish to receive such items, let us know.
9. Our services and facilities are provided “as is” without any warranty or representation express or implied. WE ARE NOT LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, GENERAL, EXEMPLARY, ECONOMIC DAMAGES ARISING FROM THIS CONTRACT OR OUR SERVICES. OUR LIABILITY, IF ANY, IN ALL CASES SHALL BE LIMITED TO AMOUNTS PAID TO US UNDER THIS AGREEMENT.
10. The credit card on file will be charged with any remaining balance owed to us under the contract three (3) days prior to the event unless other payment arrangements have not been made.
11. AN EVENT FEE STATED IN THE CONTRACT APPLIES ON ALL FOOD, BEVERAGES & PACKAGES. THE EVENT FEE IS MANDATORY. WE USE THE CHARGE FOR THE ADMINISTRATION OF THE EVENT AND TO DEFRAY OVERHEAD AND OTHER EXPENSES RELATED TO THE EVENT. IT IS NOT A GRATUITY AND WILL NOT BE DISTRIBUTED TO PERSONNEL THAT PROVIDE SERVICE AT THE EVENT.
12. The pricing set forth in this contract contains the total cost for the event described above. No gratuity to personnel is required or expected.
13. We are not responsible for any delay or failure in performance of any part to the extent that such delay or failure is caused by acts of God or other causes beyond our control. This contract is governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party in the State of New York, in the City of New York, County of New York.
14. For events held in a facility in Canada, the following terms shall apply and govern in the event of any inconsistency with the above terms. This contract is governed by and construed in accordance with the laws of the province of Ontario, without regard to its conflicts of laws rules. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party in the province of Ontario. We collect, use, and disclose the personal information that you provide us herein for the purpose of providing you with the services that you have requested, which may include processing of your personal information by a third party. You can refuse to consent to our collection, use, or disclosure of your personal information, although this will impact our services for you. You may also withdraw your consent to any further collection, use, or disclosure of personal information at any time by giving us reasonable notice.
15. By submitting any online order for services to us, or by making any other manual or electronic signature now or later which either incorporates or references these terms, you agree and acknowledge that such action constitutes your signature which applies to and evidences your agreement to these terms. You may request to sign these terms manually without a fee.