This Contract for Services is made and entered into as of {date}, by and between {printedName} (“Customer”), and EUVORI LLC (“EUVORI”), as follows:
1. DESCRIPTION of SERVICES. EUVORI will provide to Customer the services described above.
2. RESCISSION PERIOD. Within the 72 hours of the creation of Contract, either EUVORI or Customer may decide to terminate Contract for any reason, "Rescission"). To initiate a Rescission of Contract, the party which desires the rescission must notify the other in writing of the desire to rescind.
2.1. Rescission of Contract letters sent my US Mail must be post marked within 72 hours of the creation of Contract.
2.2. Rescission of Contract letters sent by any electronic means must be received by the other party within 72 hours of the creation of Contract.
2.3. When a rescission is initiated by either party which complies with Section 2, Rescission Period, EUVORI is to refund any amount collected from Customer for the related service event, at which point both parties will have no obligations to the other party for the Service Event under this Contract.
3. DATE CHANGES. Customer may request one date change per scheduled event, subject to approval, up to 24 hours from the event date. Any date changes within 24 hours of an event will result in Customer remaining liable for 50% of the event price.
4. CANCELLATIONS. Cancellation of any Service Event will leave Customer liable for 50% of the event price. Within 72 hours from the event, cancellations will leave Customer liable for 100% of the event price.
5. OVERTIME. EUVORI is to include up to 15 minutes of overtime free of charge. After 15 minutes, Customer will have the option of purchasing additional time at a rate of price-and-a-half, providing EUVORI employees agree to and are able to work such overtime.
6. TERM. This contract will go into effect at the point which both parties have signed it. The contract will terminate at the completion of services.
7. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, major storm or other similar occurrence, orders or acts of military of civil authority, national emergencies, insurrections, riots, wars, strikes, lock-outs, or work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such cases are removed or ceased. An act or omission shall be deemed within the reasonable control of a party is committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
8. INDEMNIFICATION. Customer agrees that EUVORI, its owners, officers, directors, managers, or employees shall not be liable to Customer, Customer’s officers, directors, agents, servants, employees, attendees, or participants in the Event, for any and all claims, actions, proceedings, damages, costs, expenses, losses and liabilities, including, but not limited to, reasonable attorney’s fees both at trial and on appeal, in whole or in part directly or indirectly arising out of, (i) the negligent acts or omissions of any participant in the Event, or that anyone employed by the Customer for whose acts it may be liable, or (ii) a breach of any covenant, representation, or warranty contained herein. Customer shall at all times indemnify and hold harmless EUVORI from or on account of injury to persons not arising from any negligence on the part of EUVORI.
9. ENTIRE CONTRACT. This contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This contract supersedes any prior written or oral agreements between the parties.
10. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforces as so limited.
11. WAIVER of CONTRACTURAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
12. CONSTRUCTION and INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
13. AMENDMENT. This contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment. This includes the addition of Service Events.
14. RIGHTS OF ASSIGNMENT. This contract shall not be assignable by Customer without the prior written approval of EUVORI, in its sole discretion. Any such assignment without EUVORI's prior written approval shall be void.
15. GOVERNING LAW. This Contract shall be governed and construed in accordance with the law of the State of Arizona.
16. ATTORNEY’S FEES to PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in the trial court and on appeal.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives as of the date first above written.