TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear- down, operation management and all labor required in connection therewith (collectively, the “Tailgate Services”).
TAILGATE PACKAGE. In consideration of the payments to be made to TAILGATE GUYS as provided herein and the terms, covenants and conditions set forth in this Agreement to be observed and performed by CLIENT, TAILGATE GUYS will provide for each home game or games reserved reflected on the invoice/reservation a tailgate tent, chairs, tables, and other products and services more particularly described on the invoice/reservation, which includes site setup and tear-down, operation management, trash collection from designated bins and all labor required in connection therewith (collectively, the “Tailgate Services”). TAILGATE GUYS shall determine the exact location of CLIENT’s tailgate site (the “Site”), which may be relocated from time-to-time in TAILGATE GUYS reasonable discretion to accommodate ESPN Monday Night Football or Buffalo Bills sanctioned events, to adjust for space availability or for other reasons or circumstances. In each case, TAILGATE GUYS will take into consideration CLIENT’s request for a particular location. TAILGATE GUYS shall not be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control, including but not limited to acts of God (including weather), government or partner restrictions, decisions and regulations, wars, insurrections and/or any other cause beyond the reasonable control of TAILGATE GUYS; and CLIENT does hereby release TAILGATE GUYS from any claim for damages arising therefrom. However, if a previously cancelled game is rescheduled, TAILGATE GUYS agrees to provide the Tailgate Services on the date of the rescheduled game if that the game is in the same football season, subject to applicable conditions, authority and regulations. CLIENT is not entitled to a refund, if the game is not rescheduled; however, TAILGATE GUYS will give CLIENT a credit equal to fifty percent (50%) of the cost of the Tailgate Services that were to be provided at the cancelled game, which credit may be applied toward any Tailgate Services purchased by CLIENT for a future game, subject to availability. In the event that inclement weather prevents TAILGATE GUYS staff from setting up the tailgate site or providing any component of the Tailgate Services hereunder, TAILGATE GUYS may suspend or cancel its tailgate operations and credit the CLIENT an amount equal to the amount invoiced and paid for that specific game. For avoidance of doubt, CLIENT’s inability to be present for the Tailgating Services due to ...
