oPERATIONS AGREEMENT, LONG FORM
Rolling Menus Scheduling Agreement
1. Services Rolling Menus LLC, functions as a food truck scheduler, caterer and event service that provides connection agents, internet and social media gateways to help promote the success of our family of clients, roundups, events and dining spots.
2. Agreements will commence on the date Rolling Menus processes a User's or Client’s order. User or Client agrees not to register under a false name or use an invalid or unauthorized Payment Method. Fees will be as stated in the Schedule or Price Plan elected by User or Clients as otherwise agreed upon In writing (Text verification's accepted) by the parties. Most fees are a flat fee exclusive of sales, use, LLC.,2. Fees. Fees payable by User to Rolling Menus value added tax (VAT) or equivalent, ad valorem, personal property and other taxes, which are the responsibility of User or Client. User or Client will pay all fees or invoices in full by the day of event. Unless agreed upon and noted by the Rolling Menus Connection Agent, if full payment is not made, User or Client may be charged a late fee on any unpaid balance.
4. www.rollingmenus.com and social media content RollingMenus.com is an Internet-based service that provides food truck and event scheduling and promotion. Rolling Menus grants User or Clients a non-exclusive, non-transferable, limited license to use Rolling Menus (including all versions and updates) data, pictures and videos solely in support of Rolling Menus and contracting businesses and agrees to not use the materials or data available to harm or detriment any of the other Users or clients.
5. Catering Cancellations Policy
(a) Should it become necessary for Client to terminate an Agreement, and the event date is greater than thirty (30) days, Rolling Menus shall be entitled to retain any and all expenditures to date, including but not limited to contracted labor, special orders, rentals and/or proposals costs.
(b) If Agreement is terminated within thirty (30) days of the event, RM shall be entitled to retain twenty-five percent (50%) of deposit and seek any additional expenditures to date, including but not limited to contracted labor, special orders, rentals, and/or proposals costs.
(c) If Agreement is terminated within fourteen (14) days of the event RM shall be entitled to retain any deposit paid and seek any additional losses including but not limited to contracted labor, special orders, rentals and/or proposals costs.
(d) If an Agreement is cancelled within five (5) days of the event, Client agrees to pay full event costs per bid
Should the event be cancelled by Rolling Menus, RM will fully refund any deposit within Thirty (30) days of the date of cancellation. If event is within Ten (10) days, RM will reimburse or pay to Client the invoiced difference in costs and expenses that have been incurred by the Client paid to an alternative provider or providers based upon the total proposal bid. Client shall make reasonable efforts to mitigate damages and obtain substantially similar services. The caters responsibility is limited to items covered in the last accepted proposal by Client. Any additional items are at Client’s expense.
6. Responsibility for Certain Matters. User is responsible for notifying Rolling Menus in writing 72 hours in advance if unable to fulfill scheduled duties. Because failure to make scheduled spots is bad business for everyone, User is responsible for helping to find its replacement if less than 72 hours, failure to fill the duties of the food stop or in helping find a suitable replacement is bad business and may result in User not being scheduled at that spot for a period of time.
7. Notices. Except as otherwise provided herein, all notices must be in writing and addressed to Office@ rollingmenus.com, or
8. Indemnity: In the event of any claim by any third party against Rolling Menus, its officers, employees, or its affiliates, arising from any action, omission, or breach by User or Client, User and client agrees to defend, indemnify and hold harmless Rolling Menus and its affiliates against any judgment, award, liability, loss, cost or damages (including litigation costs and reasonable attorney's fees).
9. Force Majeure. Performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, Industrial or labor dispute, inability to obtain necessary supplies and the like and arbitration in such events is agreeable.
10. Disclaimer of Warranties and Limitation of Liability. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, ANY SCHEDULE OR LICENSE, SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS.
11. Other Provisions. This Agreement will be governed by and construed under the law of the state of Utah, USA without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Utah will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts.
12. Intellectual Property. Any and all title, ownership rights, and intellectual property rights concerning any pictures, ideas, concepts, suggestions, materials and the like that User provides to Rolling Menus LLC., regarding Rolling Menus, Rolling Menus.com or Rolling Menus social media sites shall become the exclusive property of Rolling Menus and may be used for its business purposes in sole discretion without any payment, accounting, remuneration. Furthermore, with respect to any content in which User has prior intellectual property rights, including User logos and other trademarks, User grants Rolling Menus a worldwide royalty-free license to use and display such content on the Rolling Menus websites and affiliated social media sites. All other logos, designs, trade dress, and data contained on or accessed through the Rolling Menus website or social media sites are the exclusive property of Rolling Menus and the original proprietor.