Road Pony Agreement
YOU ARE A VALUED CUSTOMER OF ROAD PONY LLC, AND WE WANT YOU TO HAVE AN UNFORGETABLE TIME ON OUR BUS. WE JUST WANT TO ENSURE THAT THE INTEGRITY OF OUR BUS IS MAINTAINED FOR FUTURE BUSINESS
This Road Pony Service Agreement is entered into by and between Road Pony, LLC , a Missouri Limited Liability Company (“Provider”) and the entity or person agreeing to these terms (“Customer”). By signing this Agreement you are certifying that you are at least eighteen (18) years of age and have the capacity to enter into this Agreement. If you are signing this Agreement on behalf of your employer or another entity, you represent that:
(i) you have full legal authority to bind your employer;
(ii) you have read and understand this Agreement; and
(iii) you agree, on behalf of the party that you represent, to this Agreement. This Agreement governs Customer's access to and use of the Services.
1. Services Generally. Provider will provide Customer with a driver and vehicle of like capacity and furnishing as the Provider bus featured at stlroadpony.com, or other such URL as may be provided by Provider, on the date and for the duration of time as specified on the Provider Rental Agreement. Modifications. Provider, in its sole and absolute discretion, may permit modifications as to event dates and times at the request of Customer. Modifications may be subject to additional charges. In the event a modification is subject to additional charges, Customer hereby agrees to and authorizes Customer’s credit card to be charged for the amount of the additional charges. Modification Request. All modification requests must be in writing and sent to email@example.com no later than 3 days prior to the event start date. Modification requests do not guarantee changes to agreement.
2. Payment; Generally. Payment must be received in full 48 hours prior to Provider providing Services to Customer. If payment is not received in full, Provider will not render the Services to Customer. Customer must provide Provider with a valid credit card regardless of payment method.
2.1 Payment forms.
2.1.1 Payment by check must be received at least one (1) week prior to the scheduled service start time. -To pay by check, mail check to; St Louis Road Pony 3131 Washington Ave, St. Louis, MO 63103
2.1.2 Payment by credit card must be received at least 72 hours prior to the scheduled service start time.
2.1.3 Payment by cash; Half total charges due 2 weeks prior to service start time, remaining balance must be received 24 hours prior to the commencement of the Services including standard gratuity.
2.1.4 Processing Fee. All credit card transactions more than 2 (deposit and final payment are free) will be charged a five (5) dollar processing fee.
3.1 Generally. The Services are not considered reserved for Customer, and Provider shall have no obligation to Customer, until Provider receives the completed Provider Rental Agreement and the deposit.
3.2 Reservation Deposit. Customer must pay to Provider a Two Hundred Fifty (250) dollar non-refundable reservation deposit.
3.3 Cancellations. Reservations are cancelled by notifying Provider in writing or e-mailed to firstname.lastname@example.org at least four (4) weeks prior to the date on which the Services are to be rendered. Should Customer cancel reservations in violation of this Provision,
3.3.1 Customer will incur a pro rated cancellation charge as follows. 4 or more weeks no charges, 3-4 weeks 25% of rental agreement, 2-3 weeks 50% of rental agreement, 1-2 weeks 75% of rental agreement, less than 1 week 100% of rental agreement. All cancellations shall lose there deposit.
3.4 Customer hereby agrees to and authorizes Customer's credit card to be charged for the amount of the cancellation fee.
4. 4. Guests.
4.1. Generally. For purposes of this Agreement, the term “Guest” shall refer to all persons present on the bus excluding the staff, agents and contractors of Provider, collectively (“Provider Personnel”). Provider authorizes Customer to have at any given time up to, but no more than, the total number of guests listed on the Provider Invoice.
4.2. Acts of Guests. Customer hereby assumes full liability for the acts of Guests. Customer agrees to and authorizes Customer’s credit card to be charged for the amount of any and all expenses incurred by Provider due to any act or acts of any Guest. Where Provider uses its own personnel to effect any cleaning or repair under this Provision, Customer agrees that the time expended by Provider Personnel shall be charged hourly at a rate of thirty (30) dollars per hour.
4.3. Prohibited Acts. For purposes of this Agreement, Prohibited Act shall include the following:
4.3.1. Smoking in the bus (see Provision 4.6);
4.3.2. Sale or use of illegal drugs in the bus;
4.3.3. Possession or consumption of alcoholic beverages by minors;
4.3.4. Affixing or attaching anything to the interior or exterior of the vehicle without obtaining prior written consent from Provider;
4.3.5. Extending any device or part of the body outside the bus;
4.3.6. Carrying firearms, fireworks or non-consumable combustive onto the bus;
4.3.7. Any wrestling, fighting, or mosh pit style dancing (see Provision 4.7);
4.3.8. Any act or behavior that Provider, in its discretion, considers to be potentially injurious to any person or property.
4.4. Bodily Fluids and Excrement. In the event that any Guest should secrete, expel or otherwise release any bodily fluid or excrement in or on any part of the vehicle, Customer shall incur an automatic charge of two hundred and fifty (250) dollars. Customer agrees to and authorizes Customer’s credit card to be charged for the entire two hundred and fifty dollars.
4.5. Property of Guests. Customer hereby agrees and affirms that Provider is not responsible for the safe keeping or security of any property of any Guest. Customer will indemnify, defend and hold harmless Provider from and against all liabilities, damages and costs (including settlement costs and reasonable attorney's fees) arising out of a third party claim regarding.
(i) Provider's treatment of the personal effects, items or property of Customer or Customer's guests;
(ii) any alleged failure on Provider's part to keep safe the personal effects, items or property of Customer or Customer's guests.
4.6. Special Provision Covering Acts of Smoking and Evidence of Acts of Smoking. In the event that any Guest shall commit an act of smoking inside the bus, Customer will be charged one hundred (100) dollars per violation. Where Provider becomes aware of multiple acts of smoking, Provider reserves the right to take action in accord with Provisions. 4.7(a)-(c) of this Section. In the event that Provider encounters evidence of acts of smoking, Provider will charge Customer a one hundred (100) dollar fine and exercise its rights under Provision 4.2. Customer agrees to and authorizes Customer’s credit card to be charged for any charge arising out of any violation of this Provision. For purposes of this Agreement, acts of smoking will be inferred from evidence of the following:
4.6.1. Cigarette butts found inside the vehicle;
4.6.2. Cigarette ash found inside the vehicle;
4.6.3. Any part of or any debris from any smokeable substance found inside the vehicle;
4.6.4. Any part of or any debris from any device used to smoke any substance;
4.6.5. Any evidence of burns to vehicle furnishings or materials; and
4.6.6. Any event or evidence that could lead Provider, in its sole discretion, to infer an act of smoking has occurred inside the bus.
4.7. Remedy for Violation. In the event that any Guest violates any Provision under this Section, Provider reserves the right, in its sole and absolute discretion, to
(a) to immediately terminate, without refund, the Services to Customer;
(b) charge Customer additional sums; or
(c) take no action at all. In the event that any Guest is involved in a fight on the bus the party will be immediately terminated and a two hundred (200) dollar fine will be incurred. In the event that any Guest is involved with the breaking of a window a six hundred (600) dollar fine will be incurred. Provider has sole and absolute discretion as to choice of remedy pursuant to violation under this Section. Nothing in this Provision or this Section shall be construed so as to limit any of Provider’s remedies at law or equity. Nothing in any Provision under Section 4 of this Agreement shall be construed to limit Provider’s rights pursuant to other terms in this Agreement.
5. Additional Miscellaneous Provisions.
5.1. Assignment. Customer may not assign this Agreement or any of Customer's respective rights, interests, duties or obligations hereunder without the prior written consent of Provider. Provider reserves the right to assign this Agreement and any of its rights interest, duties or obligations hereunder.
5.1.1. Information Provided by Customer. Customer hereby affirms that all information provided by Customer to Provider is truthful and accurate. Customer agrees that Provider will not be liable for any act or omission caused by or based upon inaccurate or misrepresented information.