universal service agreement
Unless otherwise specified by written contract - the below terms constitute a Universal Service Agreement ("Agreement") between Jonas Pauliukonis ("Piper Jonas") and any and all past, current, and future clientele ("Client" or "Clients") seeking Piper Jonas' services. This Agreement is entered into upon the Clients payment of a reservation deposit to Piper Jonas.
Piper Jonas shall provide traditional and/or contemporary bagpiping services for Clients at a time, date, and location mutually agreed upon by the Client and Piper Jonas, hereafter referred to as (the "Service").
Compensation and Payment
Unless otherwise stated, a non-refundable reservation deposit of $100 or 30% of the total amount due (whichever is greater) is due upon the reservation of the performance date. The reservation deposit may be waived by Piper Jonas for repeat/recurring Clients or for Services booked on short notice.
Piper Jonas will provide the Client an invoice with the total balance due specifying the reservation deposit amount and the balance due on the day of the Service.
Undisputed charges on any invoice shall be paid within thirty (30) days from Client's receipt of such invoice. Client shall notify Piper Jonas in writing of any disputed charges and the parties shall work in good faith to resolve any disputes. All amounts paid under this Agreement will be in U.S. Dollars.
Force Majeure: The parties reserve the right to cancel this agreement without notice in the event of force majeure or exigency caused by events beyond the reasonable contours of either party, including but not limited to acts of God, embargoes, governmental restrictions, strikes, subcontractor failures or delays, riots, wars or other military action, civil disorders, rebellion, vandalism, sabotage, or weather conditions affecting the facility or scheduled performance. The parties shall promptly notify each other of such force majeure occurrence or exigency. In the event of cancellation by force majeure, this Agreement is totally null and void with no additional monies due by the Client.
Termination for Default: If Piper Jonas fails to fulfill his obligations under this Agreement properly and on time, or otherwise violates a provision of this Agreement, Client may terminate this Agreement by written notice to Piper Jonas. In the event of cancellation by Piper Jonas' default, this Agreement is totally null and void with no monies due by the Client.
Termination for Convenience: This Agreement may be terminated by Client upon written notice to Piper Jonas thirty (30) days prior to the date of the Services. Piper Jonas shall not be reimbursed for any anticipatory profits that Piper Jonas expected to earn from the Services of this Agreement.
Piper Jonas hereby grants Client permission to make visual and/or sound recordings (or have others make such recordings on their behalf) during the Services in this Agreement. Piper Jonas hereby grants Client a perpetual, royalty-free right and license to use the recordings for personal use. Client grants Piper Jonas a nonexclusive, nontransferable, perpetual and fully paid license to use the recordings to promote and otherwise market Piper Jonas' work on Piper Jonas' website and/or social media.
california law prevails
The laws of the State of California shall govern the interpretation and enforcement of this Agreement. All disputes arising out of or related to this Agreement shall be resolved in Santa Clara County by the courts of the State of California.
This Agreement represents, in its entirety, the understanding of the parties and with respect to the subject matter of this Agreement, superseding any prior oral or written understandings. No subsequent agreements of modifications hereof, whether expressed or implied, shall bind the parties unless the same be in writing and signed by the parties. This Agreement may be amended only with the written consent of all parties.
It is agreed that any attached agreement, or rider(s) thereto, by and between Client and Piper Jonas pertaining to this Agreement is supplemental and subordinate to this Agreement. The terms and conditions of this Agreement shall at all times and in all events and situations be controlling in the event of a conflict.