MegaBites Private Event Agreement

This Private Event Agreement (this “Agreement”) is between Mega Bites, Inc. (“MegaBites”)
and you the reader (“Customer”).

The customer understands and agrees that the following are express terms and conditions applicable to the Event:

1. Payment and Cancellation.

All outstanding amounts and any additional charges incurred with respect to the Event will be charged to the Customer’s authorized credit card. In the event Customer cancels the Event for any reason, MegaBites will be entitled to a cancellation fee as liquidated damages (plus service charges, administrative charges, administrative fees, as applicable, and applicable taxes) at the time of cancellation as follows:
More than 14 days prior to the Event – 70% of the Estimated Cost
14 days to 8 days prior to the Event – 80% of the Estimated Cost
Less than 8 days prior to the Event – 90% of the Estimated Cost
Given MegaBites’ capacity to prepare and serve food and beverages, the parties acknowledge that it is highly unlikely that MegaBites would be able to mitigate any losses caused by the cancellation of the Event. The parties agree that prospectively calculating the damages that MegaBites would suffer as a result of the cancellation of the Event would be exceptionally difficult or impossible. For this reason, the parties have agreed that the calculations set forth above are a reasonable forecast of just compensation in the event of the cancellation of the Event. The amounts due for cancellation set forth herein are intended as liquidated damages and not as a penalty. Deposits will be applied toward the cancellation fee.

2. Guest Guarantee.

If there is a food and beverage minimum set forth above, the Customer will be charged the food and beverage minimum or the actual food and beverage charges, whichever is greater. Subject to any food and beverage minimum set forth above, the Customer will be charged for the guaranteed number or the actual number of attendees, whichever is greater.

3. Service Charge/Taxes/Banquet Event Order Pricing.

The prices listed on the Banquet Event Order, when attached hereto, are subject to proportionate increases to meet the increased cost of supplies for Events reserved more than 120 days in advance, but any such increase shall not exceed 10%. Prices can be set 90 days in advance of the Event. All food and beverage, as well as room and equipment rental purchases, are subject to an automatic 24% service charge, a portion of which may be distributed by MegaBites to certain food and beverage service employees. The service charge is not a tip or gratuity. Applicable taxes and fees, in addition to the service charge, will be added to all amounts due under this Agreement, including without limitation cancellation fees as liquidated damages. Once the Banquet Event Order has been finalized, it shall be signed and attached hereto no later than seven (7) days prior to the Event. Exemptions from sales tax will be honored when a valid tax exemption certificate or other required document is presented no later than seven (7) days prior to the Event. At that time, any tax refund claims must be made directly with the tax jurisdiction.

4. Customer and Guest Conduct.

Customer is responsible for the conduct of Customer’s guests and attendees and will promptly pay for all damages incurred by MegaBites due to their actions or omissions. No food or beverage of any kind can be brought into or removed from MegaBites by Customer or Customer’s guests or attendees.

5. Alcohol Consumption.

Customer covenants to be responsible for the consumption of alcoholic beverages by the Customer’s guests and attendees at the Event. MegaBites does not serve alcoholic beverages to minors as required by state law, and the Customer assumes the duty to ensure observance of this state statute. In the event Customer has reason to believe a guest or attendee has become impaired to the extent that they should not drive, the Customer will prevent the person from leaving the Event without assistance. The customer acknowledges that MegaBites may refuse service to any guest or attendee or, at its discretion, discontinue service to all guests and attendees. Any such discontinuation of service shall not relieve Customer of any obligations or any amounts owed pursuant to this Agreement.

6. Miscellaneous.

Megbites is not responsible for the security or any damage to or the loss of any personal property or articles brought into MegaBites, for any item left unattended, or for loss or damage which occurs in MegaBites’ parking areas (or any other parking spaces located within the commercial center in which MegaBites is located in. In no event will MegaBites be liable for indirect, consequential, incidental, or punitive damages of any nature for any reason, including without limitation lost profits or goodwill, even if MegaBites has been advised of their possible existence. Furthermore, in the event that MegaBites shall have any liability to Customer (whether under this Agreement or otherwise), the amount of such liability shall not exceed 50% of the amount paid to MegaBites pursuant to this Agreement. In no event shall MegaBites be liable for the failure of or interruption of utilities. This Agreement shall be deemed drafted by all parties and shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the parties hereto. This Agreement may be executed by facsimile or other electronic means, and each facsimile or other electronic signature shall be deemed to constitute a valid and binding signature of the executing party.

7. Attorneys’ Fees.

If any legal action, arbitration, or other proceedings, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, or default in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, including any appeal of such action or proceeding, in addition to any other relief to which that party may be entitled.

8. Choice of Law and Venue.

This Agreement shall be governed exclusively by the laws of the State of California, and any claim or action brought relating to this Agreement (including the validity, interpretation, construction, and performance of this Agreement) shall be brought exclusively in Riverside County Superior Court, State of California.