1.  PAYMENT:  San Jose Chocolate Fountains requires a 50% deposit to reserve a Chocolate Fountain.  To confirm this agreement, you may either mail or fax.

To mail:  sign and complete a copy of the contact and mail with a deposit of 50% of the entire balance to San Jose Chocolate Fountains, 302F Toyon Ave. #250, San Jose, Ca 95127.

To fax: Pay by credit card or pay pal, make a 50% payment via credit card on email, or Paypal and fax a completed and signed contract to 408-254-4443 .  The balance is due no later than 30 days prior to the date of the event and can be paid in cash, check, money order credit card, or Paypal.  All Checks should be made payable to San Jose Chocolate Fountains.  A $30 fee will be charged for all returned checks.

2.  CANCELLATION: This agreement cannot be cancelled, except in writing, by either the Client or San Jose Chocolate Fountains.  If the Client initiates the cancellation, San Jose Chocolate Fountains will hold the 50% deposit to be used by the client toward any future booking.  The cancellation must be made 60 days prior to the event or the deposit is entirely forfeited. Client will hold harmless San Jose Chocolate Fountains in the event of illness, injury, act of God, or any other situation beyond control of San Jose Chocolate Fountains that prevents San Jose Chocolate Fountains from performing.

3.  PROVISIONS:  San Jose Chocolate Fountains requires access to the desired set-up area 90 minutes prior to the scheduled start time.  In addition, 90 minutes are required after the conclusion of the service period for take down and removal (this time does not count toward the 3 hours of fountain service time).  The Client is responsible for providing a sturdy, level table capable of supporting at least 150 lbs.  Client is also responsible for providing two table linens that coordinate with their color scheme.  San Jose Chocolate Fountains requires at least one -  grounded 120 volt circuit (normal wall outlet) within 10 feet of the desired set-up area that adheres to contemporary safety standards and supplies at least 15 amps (normal outlet).  Once the Chocolate Fountain has been set up in the desired location, it cannot be moved during the event.  Client accepts full responsibility and is liable for any damages, injuries or delays that occur as a result of failure to comply with these provisions.  San Jose Chocolate Fountains reserves the right to use any picture(s) from the event for promotional purposes.

4.  LIABILITY:  This Agreement and the contents hereof represent the only warranties, express or implied, between the parties, including any implied warranty of merchantability or fitness for the particular purpose and for any other obligation or liability on the part of the San Jose Chocolate Fountains.  San Jose Chocolate Fountains shall not be liable for any injury, loss or damage directly or consequently arising out of the use or inability to use the Chocolate Fountain, whether used singularly or in conjunction with any other equipment.  In the event of litigation all parties agree to mediation first.  Any litigation will be restricted to Santa Clara County, California.  Client will indemnify San Jose Chocolate Fountains against, and hold San Jose Chocolate Fountains harmless from all claims, actions, proceedings, costs, damages and liabilities, including attorney fees, arising out of, connected with, or resulting from the use of the Chocolate Fountain. This includes all related chocolate related issues, spilling, staining, falls, slippage, health issues, allergic reactions, and other food issues.