Service Agreement
Last updated April 21, 2024
SUBJECT TO AVAILABILITY AND DYNAMIC PRICING
All services offered by Caterer are subject to availability and dynamic pricing. The completion of the reservation process does not guarantee the availability of services nor lock in the initial quoted price. Prices are based on demand and may vary according to the number of reservations on a given date. Caterer reserves the right to adjust pricing and to decline any reservation request at its discretion.
In the event of any adjustments to pricing following your reservation request, you will be promptly notified and provided with an updated quote. Your acceptance of the revised pricing will be required to finalize the reservation. Should you choose not to proceed with the reservation due to price adjustments or if your reservation is declined by Caterer, all payments made by you in relation to the reservation will be fully refunded.
This approach ensures transparency and fairness, allowing us to provide the highest quality of service tailored to each event's specific requirements and demand levels. We appreciate your understanding and are committed to delivering exceptional experiences for all our clients.
NON-REFUNDABLE DEPOSIT AND PAYMENTS
To secure Caterer for the service date, a nonrefundable deposit of 25% of the total service fee is required, along with credit card information. The final balance is due no later than 14 days prior to the event date.
Deposits and payments can be made via Venmo, check, credit/debit card, or ACH transfer. A transaction fee may be applied to invoices paid via card or Venmo.
A late fee of 10% will be applied to all amounts due, prorated monthly, until paid in full. Any checks returned due to insufficient funds will incur a $50 fee. Please note that all deposits and payments are nonrefundable.
The Client understands that the deposit of 25% of the total service fee is non-refundable and non-transferable. The deposit will be used to secure services, inventory, and time for the date of the Client's event. The Client acknowledges that the deposit covers time allotted, loss of inventory, and opportunity costs for Caterer. Deposits are specific to the event and date for which they were made and cannot be transferred to other events or dates.
CREDIT CARD AUTHORIZATION
By providing your credit card information, Client authorizes Caterer to charge the provided credit card for all agreed-upon fees relating to the services rendered. This authorization is valid up to 10 days past the service date. This includes, but is not limited to, the agreed contract price, additional hours of service, any fees resulting from damages or additional cleaning, and any other fees or charges as outlined in this Agreement. It is your responsibility to notify Caterer in writing of any changes to your credit card information.
We take the security of your financial information seriously and implement various measures to protect it from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or method of electronic storage is 100% secure.
We do not sell, trade, or otherwise transfer to outside parties your credit card information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
TERMINATION
The Client may terminate this Agreement at any time by providing a written notice to Caterer and completing a formal cancellation form which references the Termination Agreement. Upon cancellation or termination, all deposits and payments previously made to Caterer will be retained and any monies owed will be billed or charged to the card on file at Caterers discretion. Caterer commits to honor all accepted reservations and will not terminate this Agreement or cancel its services, except under unforeseen circumstances beyond its control, as outlined in the "Force Majeure" clause.
RESCHEDULING
The service may not be rescheduled to a new date without the payment of an additional, new non-refundable deposit of 25% of the total service fee for the new date. If Client wishes to reschedule their event for a different date, a new service agreement must be executed for the new service date, and the terms of the new agreement will apply.
SERVICE AND CONTRACT MODIFICATIONS
Modifications to services or event details must be requested no later than 30 days prior to the event. Additions to services are welcomed at any time, subject to availability and may be subject to additional charges. Any modifications or additions to services become binding and are considered part of the contract once they are confirmed in writing by both parties. Any previous contracts or revisions become void upon the execution of a newer version of the contract. Despite this, all deposits and payments made under prior agreements are non-refundable and will be retained by Caterer.
HEADCOUNT
The Client is required to provide an accurate guest headcount at least three (3) days prior to the event. If the actual number of guests exceeds the headcount provided by the Client an additional fee of $50 per extra guest will be charged.
Caterer reserves the right to cancel the event if the actual number of guests on the day of the event exceeds the provided headcount by more than 10%. This is due to the impact a significantly larger guest count would have on the quality of service. In such an event, all deposits and payments made by the Client will be forfeited.
MATERIALS AND SUBSTITUTIONS
Garnishes, ingredients, and other materials are subject to availability and may be substituted by Caterer without notice.
EQUIPMENT LOSS, DAMAGE, OR THEFT
Client is responsible for the care and security of all equipment, tools, and rental items provided by the service provider for the duration of the event. This includes, but is not limited to, charcuterie boards, utensils, tables, linens, beverage stations, and any other items supplied by Caterer. In the event of loss, damage, or theft of any equipment, the Client will be charged the full market price for the replacement of the item(s), plus a 20% convenience fee for the procurement and replacement of said equipment. The service provider reserves the right to determine the appropriate replacement cost and fee based on current market rates and logistical considerations.
UTILITY AND ENVIRONMENTAL PROVISIONS
Depending on the specific services to be provided by Caterer, the Client may be responsible for ensuring adequate access to necessary utilities such as electrical power and clean water supply. If required, these utilities should be provided within a reasonable distance of the bar area and at no cost to Caterer. For evening or nighttime events, sufficient lighting must be available to ensure the safety and functionality of the Caterer area. For outdoor events, the Client must provide adequate shade or cover to protect against adverse weather conditions, including excessive sun or rain. Failure to meet these conditions could potentially impact the quality and continuation of Caterer's services.
The Client acknowledges that certain services, as outlined in the proposal, service agreement, and invoice, may require the provision of electricity or water. These requirements will be detailed in the respective documents.
INSURANCE
Client will be provided with all Caterer's active insurance policies and limits. The Client is responsible for confirming these policies and limits meet the insurance requirements of their venue, company, or other entities. Any additional insurance costs required to meet these requirements may be priorly informed and passed on to the Client.
ACCESSIBILITY, TRAVEL & PARKING
Client is responsible for ensuring the site is accessible for service staff, equipment, and any necessary deliveries. This includes providing a designated parking and unloading area within close proximity to the service location. Any travel or parking-related fees, including tolls, valet, parking permits, or any costs associated with inaccessible or distant parking, will be billed to the Client. If accessibility to the site causes delays or additional labor, those costs will also be passed on to the Client. Failure to provide adequate access may result in service delays or additional fees at the discretion of the service provider.
PHOTOS & VIDEO
The Client authorizes Caterer to take photos and videos for quality assurance, advertising, and marketing purposes, unless otherwise requested by writing at least 24 hours prior to Caterer's arrival time. All photos and videos taken by Caterer during the event are the sole property of Caterer. The Client grants Caterer the right to use these photos and videos for promotional, marketing, and other business-related purposes.
DISPOSAL OF WASTE
Client is responsible for disposing of trash, recyclables, and liquids unless previously arranged.
WEATHER RELATED RISKS
Client assumes all weather related risks involved in holding an outdoor event and refunds will not be provided. The Client remains liable for full payment of any balances due or modifications in service due to weather-related cancellations or delays.
ASSIGNMENTS, SUBLEASES, & LOANS
Caterer may assign its right under this contract without the Client’s consent, but will remain bound by all obligations herein. The Client may not give others the right to use or loan equipment without Caterer’s written permission. Any purported assignment by the Client is void.
LIMITATION OF LIABILITY
Caterer's total liability to the Client for any damages, losses, or causes of action arising by any means (including negligence) shall not exceed the amount paid by the Client to Caterer for the specific service under this Agreement causing the damage or loss. This includes potential damage to the Client's property or venue caused by Caterer or its employees.
DISPUTE RESOLUTION
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration. The parties shall mutually agree upon the selection of an arbitrator. If the parties cannot agree upon an arbitrator, each party shall select an arbitrator and the arbitrators shall select a third.
INDEMNIFICATION
The Client shall defend, indemnify, and hold harmless Caterer from any claims, damages, or other expenses resulting from the Client's actions or negligence. This includes, but is not limited to, third-party claims, property damage claims, personal injury claims, and any legal or arbitration costs incurred by Caterer to the extent permitted by law.
LEGAL FEES
In the event of a dispute resulting in legal proceedings, the prevailing party may recover its reasonable attorney's fees, court costs, and other legal expenses from the non-prevailing party, to the extent permitted by law and subject to any limitations set forth in this Agreement.
NOTICE OF NON-WAIVER/SEVERABILITY
Each provision of this Agreement is severable so that unenforceability or waiver of one provision does not affect the remaining provisions.
FORCE MAJEURE
Neither party will be responsible for failure or delay of performance if caused by an act of nature, war, hostility or sabotage; an electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other licenses); or other event outside the reasonable control of the obligated party. Both parties will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 90 days, either party may cancel this agreement with written notice. In the event of a force majeure, Caterer will make reasonable efforts to reschedule the event at a mutually agreeable date and time, subject to availability. In the event that an event is canceled due to force majeure, any payments and deposits made will be credited towards the rescheduled event date.
UPDATES TO THIS AGREEMENT
Caterer reserves the right to modify this Service Agreement. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. We will notify you of any changes to this Service Agreement by posting a notice on our website or by sending a notice to the email address associated with your account. Your continued use of our services after the effective date constitutes your acceptance of the amended Service Agreement. If you do not agree to the amendments, you must stop using our services.
JURISDICTION
This Agreement, and any dispute arising out of or relating to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any and all legal actions or proceedings arising out of or relating to this Agreement, its validity, performance, or the relationships established hereunder, shall be brought and maintained exclusively in the state or federal courts located within Santa Clara County, California. The parties hereby consent to and acknowledge the personal jurisdiction of these courts and waive any defense of inconvenient forum to the maintenance of any action or proceeding in such venues.