Live Event Engraving Agreement

This Live Event Engraving Agreement (the "Agreement") is between Carve and Burn Designs, Inc., a Florida corporation doing business as Carve & Burn, 4444 SW 71st Ave, Suite 106, Miami, FL 33155 ("Carve & Burn," "we," "us"), and the person or organization named below (the "Client," "you"). It covers live, on-site laser engraving at your event (the "Event") and any related products and services in your written proposal (the "Proposal"). If this Agreement and the Proposal conflict, this Agreement controls unless the Proposal says otherwise in writing and is signed by both parties.

Event details and fees

1. Booking and payment

1. Your Event date is reserved only when we receive this signed Agreement and the retainer. Until then, the date stays open to other clients.
2. The retainer is 50% of the Total and is non-refundable. It pays for holding the date, turning away other work, planning, design and testing.
3. The balance is due no later than 7 days before the Event. If the balance is not paid on time, we may treat the Event as cancelled by you under Section 2.
4. Products we buy or make for your Event, and any custom artwork or setup, are non-refundable once ordered or started.
5. Late payments accrue interest at 1.5% per month or the highest rate allowed by law, whichever is lower. You agree to pay reasonable costs of collecting unpaid amounts, including attorney's fees.
6. Time added at the Event at your request is billed at our current hourly add-on rate and is due within 7 days of the Event.

2. Cancellation and rescheduling

1. You may cancel by written notice to info@carveandburn.com. Cancellation fees are: more than 30 days before the Event, the retainer; 8 to 30 days before, 75% of the Total; 7 days or fewer before, or a no-show, 100% of the Total. In every case you also pay for products and custom work already ordered or started.
2. You may move the Event once, at no charge, to a date within 12 months if we receive written notice at least 30 days before the original date and we are available. The retainer moves to the new date. Any later change, or a change with less notice, is treated as a cancellation.
3. If we must cancel for a reason within our control, we will refund all amounts you have paid. That refund is your only remedy.

3. Products and client-supplied items

1. We engrave products we supply. As the event host, you may instead supply your own products only if we approve them in writing after testing. Guests may not bring their own items to be engraved, and we may refuse any item at the Event.
2. You must deliver samples of each item type at least 14 days before the Event. The sample testing fee applies to each item type and is credited toward your Total if you book. Samples used in testing are not returned unless agreed in writing.
3. Approved client-supplied items must arrive at our studio, or at the venue if agreed, by the date in the Proposal, in their original packaging, with at least 10% extra for setup and spoilage. A handling charge applies to each piece.
4. Client-supplied items are engraved at your sole risk. Coatings, glass, plastics, leather, finishes and materials vary from piece to piece even within the same product, and engraving can crack, chip, melt, discolor, scorch or mark an item, or produce uneven results. We are not responsible for loss of, or damage to, any client-supplied item for any reason, and we do not replace or pay for them.
5. Products we supply are matched to the approved sample as closely as possible. Natural materials such as wood, leather, slate and marble vary in grain, color and texture, and these differences are not defects.

4. Artwork, approvals and personalization

1. You must approve logos, layouts and the personalization menu in writing before the Event. Once approved, we engrave as approved, and we are not responsible for errors in approved artwork.
2. Guest personalization is engraved exactly as written or confirmed by the guest or by your staff. We are not responsible for spelling, wording or other errors in text supplied or confirmed by you or your guests, and we do not re-engrave or replace those pieces at no charge.
3. We may refuse any text or design that we consider offensive, unlawful, unsafe to engrave, or that may infringe someone else's rights.
4. You promise that you own or have permission to use every logo, trademark, image and design you give us, and that our engraving it will not infringe anyone's rights.

5. Capacity and timing

1. Package quantities are planning targets, not guarantees. Actual output depends on the product, artwork, engraving area, text length, guest flow and conditions at the venue. We do not refund or discount for pieces not completed within the booked time.
2. Booked time starts at the scheduled start time. If the venue, your staff or your guests cause delays, the Event still ends at the scheduled end time unless you buy added time.

6. Venue, setup and safety

1. You must provide, at no cost to us: a covered, level space of the size in the Proposal; dedicated power as stated in the Proposal; access for loading and unloading; parking or reimbursement of parking; and any venue approvals, permits or insurance certificates the venue requires.
2. Outdoor events must have a tent or cover. We may pause or stop engraving because of rain, high winds, heat, unsafe power, crowding or any other condition we consider unsafe. Time lost for these reasons is not refunded.
3. Laser equipment is operated only by our staff. Guests, including children, must stay outside the area we mark around the equipment. You are responsible for guest conduct at your Event.
4. You are responsible for loss of, or damage to, our equipment caused by you, your guests, your vendors or the venue, other than normal wear.

7. Limitation of liability

1. To the fullest extent allowed by law, our total liability for any claim arising from this Agreement, the Event or any product or service is limited to the amount you actually paid us under this Agreement.
2. We are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost business, loss of goodwill or harm to reputation, even if we were told they were possible.
3. Except as stated in this Agreement, our services and products are provided "as is," and we make no other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

8. Indemnification

You agree to defend, indemnify and hold harmless Carve and Burn Designs, Inc. and its owners, employees and contractors from all claims, losses, damages, costs and attorney's fees arising from: artwork, logos or content you or your guests provide; client-supplied items; the acts or omissions of you, your guests, your vendors or the venue; conditions at the venue; or your breach of this Agreement. This does not apply to the extent a claim is caused by our gross negligence or willful misconduct.

9. Events beyond our control

Neither party is responsible for failing to perform because of events beyond its reasonable control, including severe weather, hurricanes, natural disasters, fire, power outages, government orders, public health emergencies, venue closure, labor disputes, or illness or injury of our assigned staff when a qualified replacement is not available. If such an event prevents the Event, we will apply amounts you have paid, less costs already incurred, to a new date within 12 months. If no date can be agreed, we will refund amounts paid less costs already incurred.

10. Photos and marketing

We may photograph and film our station and the pieces we engrave at the Event and use them in our portfolio, website and social media, without guest names or personal information. If you do not want us to do this, write "No photos" in the Event details above.

11. General terms

1. We are an independent contractor. Nothing in this Agreement creates a partnership, joint venture or employment relationship.
2. This Agreement is governed by the laws of the State of Florida. Any dispute will be brought only in the state or federal courts located in Miami-Dade County, Florida, and both parties agree to those courts. The prevailing party in any dispute is entitled to its reasonable attorney's fees and costs.
3. This Agreement, with the Proposal, is the entire agreement between us and replaces all earlier discussions. It can be changed only in a writing signed by both parties. Email confirmation from info@carveandburn.com counts as a signed writing for changes to Event details.
4. If any part of this Agreement is found unenforceable, the rest stays in effect, and the unenforceable part is enforced to the fullest extent allowed.
5. Our not enforcing a term is not a waiver of it. You may not assign this Agreement without our written consent.
6. This Agreement may be signed electronically and in counterparts, and a scanned or photographed signature counts as an original.

Signatures

By signing, the Client confirms they have read and agree to this Agreement, and that the person signing is authorized to sign for the Client.