Terms & Conditions of Service

SAMPLE CONTRACT

Five Star Event Staffing, LLC (herein referred to as "Five Star") and Sue Smith Sample (“Client”) hereby enter into this Agreement for staffing ("Staff") and services for the above listed special event. Client agrees to the terms and conditions of this Agreement immediately upon providing payment for Invoice #0000D and Five Star’s acceptance of said payment will serve as confirmation of this booking.

SERVICES

Five Star will provide Staff and services at the rates and times agreed upon, as detailed in Invoice #0000D. Staff will arrive at location on time, in proper attire, with the tools needed to accurately perform their duties. Staff are properly trained and certified in alcohol and food service safety and reserve the right to refuse or interrupt service on the grounds of Staff or guest safety concerns. Client will not cause or permit Staff to perform work outside of standard bartending or wait staff duties and understands Staff reserve the right to refuse performance of such services.

(a) Staff are not properly trained or certified Chefs and are not permitted to prepare or cook any food, in any way.

(b) Staff shall not operate any motor vehicle or machinery.

(d) Staff shall not clean restrooms.

(e) Dish washing is not considered a standard service. Client understands that a fee of $2.00 per guest in attendance (a minimum $50.00 and maximum $500.00 charge) will be assessed for this additional service and agrees that Staff will not be held responsible for any damaged or misplaced items.

PAYMENTS

The fee due at booking is 50% of the total service order, unless (a) the event falls within thirty (30) days of when the booking was made or (b) the service order totals less than $200.00, in which case 100% of the service order must be paid at the time of booking. After the booking fee has been paid, a detailed Balance Invoice will be issued to Client following any additions or adjustments made to the service order. Client’s remaining account balance must be paid in full no less than twenty-four (24) hours prior to the event start time. Five Star reserves the right to refuse or delay service until all payments are met in full. Any Staff overtime or service charges incurred during the event will be calculated and issued in a Final Invoice, to be paid within fourteen (14) days of receipt. An 18% late fee will be applied to overdue payments. Invoices will be sent to Client via email and may be paid by credit card, through the secure link provided. Credit card payments will include a 3.2% processing fee. To avoid this fee, payments may be made by check or money order, mailed to:

Five Star Event Staffing

13870 Horseshoe Drive #5

Sterling Heights, MI 48313

TIPPING

Gratuity is not included in the Staff’s hourly rate but tips are always appreciated for excellent service. It is standard practice for Staff to display a tip jar during events. Staff will not put a tip jar out if client so requests, prior to the start of service. Client may give cash tips directly to Staff or request a gratuity be added to their Final Invoice and dispersed by Five Star. Staff are not expected to split their earned tips with any other party, including another vendor or event venue personnel. All invoices must be paid directly to Five Star. Staff performing at the event can NOT accept any payment, other than gratuity. Thank you!

SERVICE ORDERS

Client may request adjustments to the service order up to fourteen (14) days prior to the event. Requests must be submitted in writing. Significant reductions in the quantity of Staff or hours initially retained may result in a $50.00 per staff retention fee. Client must convey a final head count to Five Star fourteen (14) days prior to the event, which will be considered the guaranteed guest attendance for service and billing purposes. Client understands that unreported guest overages may result in a shortage of service items and agrees Five Star is not responsible for such shortages. A substantial difference in the actual quantity of guests in attendance and the quantity guaranteed by Client may result in additional service charges.

INSURANCE

Upon request, Five Star will provide proof of General Liability Insurance with Client’s event venue listed as additionally insured and/or policyholder. Private residences are not considered an event venue and will not be listed as such. Client is responsible for obtaining appropriate special event, property or liquor liability insurance and agrees Five Star is not responsible for such coverage. (See our website FAQ page for event insurance providers)

WEATHER

All events are "rain or shine". Client is responsible for arranging an alternate indoor location in the event of inclement weather. Client must provide heated shelter for Staff in cold weather and shaded cover for staff working in the sun. Staff will not be expected to perform in extreme temperatures without proper shelter and reserve the right to refuse or interrupt service if they deem conditions to be hazardous.

FORCE MAJEURE

If Client cancels the event or Five Star is prevented from performing their obligations under this Agreement due to an Act of God, fire, flood, government regulation, disaster, civil disorder, or other condition beyond their reasonable control and not due to the direct fault, negligence or misconduct of either party, any payments collected from Client will be refunded in the same form that payment was rendered and neither party shall have any legal recourse against the other.

CANCELLATIONS

The cancellation fee is 50% of the total service order and shall be applicable upon Client cancellation for any reason other than those stated in the “Force Majeure” section of this Agreement. Client must inform Five Star of event cancellation in writing. Client agrees to pay the full amount contracted once Staff have arrived on site, even if Staff cannot perform due to the fault or negligence of Client or due to inclement weather, volatile guest behavior, unsafe working conditions or unlawful activities occurring at the event.

ALCOHOL SERVICE

Client understands that it is unlawful for persons under the age of twenty-one (21) to consume alcohol and agrees to monitor minors appropriately. Staff is obligated to refuse service of alcohol to guests who cannot provide proper ID or appear intoxicated or aggressive. Five Star’s Staff are not permitted to work at events where guests are allowed to self-serve or another party is performing bartending services; including Client’s family members or friends, event venue personnel or another staffing service. Client is responsible for providing all spirits, wine and beer and agrees Five Star is not responsible for the amount of product purchased, delivery of that product or any product left on the event premise before or after service.

UNLAWFUL ACTIVITIES

Client will conduct the event in an orderly manner, in compliance with all State laws and local ordinances. Client is responsible for actions of their guests and shall be liable for any damages or losses caused by guests and any legal ramifications resulting from their behavior at the event. Staff reserve the right to refuse or interrupt service due to volatile guest behavior or unlawful activities occurring at the event.

PROPERTY DAMAGE

Client understands that by providing personal property or rental items for Staff use during the event, accidents and damages may occur and Client agrees neither Five Star nor Staff will be held responsible for lost or damaged merchandise, equipment, furniture, clothing, rental items or valuables of any kind, unless that loss or damage was directly caused by the negligence or misconduct of Staff.

LIABILITY

Client agrees to irrevocably and unconditionally defend, indemnify and hold harmless Five Star, its employees and contractors from any liability, claims, demands, actions and causes of action, arising out of or related to any loss, damages, illness or injury sustained by guests and/or others in connection with the service and consumption of food, beverages and alcohol at this event. Five Star’s total liability for any matter or claim arising from, relating to or connected with services directly provided by Five Star under this Agreement shall be limited to (a) what is determined payable by Five Star’s insurance provider or (b) the payment received from Client for the service giving rise to the claim.

NON-SOLICITATION

Client shall not solicit to hire Staff, or accept solicitations from Staff, for any type of employment outside of the event, including positions with any associated third parties. All future Staff bookings must be secured through Five Star only. A breach of this section constitutes collusion and fraud on the part of the Client and will result in irreparable harm to Five Star’s business for which damages are incalculable.

MISCELLANEOUS

(a) Five Star requires a four (4) hour minimum booking. Client agrees to pay for the minimum even if Staff are utilized for less than four (4) hours. (b) Five Star reserves the right to take photos or record video during the event for use in company social media and marketing materials with the understanding that Client will not profit from them in any way.

SATISFACTION GUARANTEE

Five Star upholds the highest professional service standards and guarantees Client satisfaction. Any dispute or complaint must be addressed during the event, while the Staff are performing, with an authorized Five Star representative. If a dispute or complaint is not properly addressed within the given time frame, there will be no guarantee of refunds or account credits of any kind. Five Star reserves the right to issue refunds at their discretion in satisfaction of all disputes.

This Agreement shall be interpreted and governed by the laws of the State of Michigan. This Agreement sets forth the entire understanding of the parties and supersedes any prior written or verbal understandings between them. Five Star’s Staff have no authority to enter into any business arrangements or make any revisions to this Agreement on behalf of Five Star or on behalf of Client, or represent that they have the authority to do so. Any claims or disputes related to this Agreement shall be brought under the jurisdiction of the courts of Macomb County, Michigan.