1. Event Terms
1.1 Payment Terms
An executed copy of the Agreement must be returned with a 50% deposit in order to secure reservation for the event by Caterer. This deposit is only refundable if the Event is cancelled within the terms of the Agreement. Final payment of the remainder balance is due seven (7) days prior to the Event. Caterer may cancel the Agreement at any time if Customer does not adhere to the payment schedule. If cancelled by Caterer for untimely payment, Customer forfeits all deposits paid. Caterer will accept cash, checks and credit cards (Visa and Mastercard) as forms of payment. Customer checks must be received seven (7) business days prior to the event for clearance, payable to: Cut & Catered, LLC. There will be a charge of $75 for any bounced/returned checks. A 3% transaction fee will apply to all credit card transactions.
1.2 Private Parking
If Customer agrees to provide private parking for the Event, the parking area must allow for clearance of the following dimensions: 28 FT long × 10 FT wide × 12 FT high. The private parking space must have room for the following dimensions: 21 FT long × 13 FT wide × 16 FT high. Customer acknowledges that in the event Caterer is unable to park in the provided private parking space, all monies for the event will be retained in full by Caterer.
1.3 Mileage Fee
If Event involves use of Caterer’s food truck, a mileage fee of $3/KM for all caterings will be assessed. Total mileage will be determined by calculating the round trip miles from Caterer’s commissary location in Halifax, NS to event location. If Event does not involve use of Caterer’s food truck, a set-up/delivery fee of $35.00 for all caterings within fifteen (15) kilometres of Caterer’s kitchen commissary will be assessed. For Events outside of the fifteen (15) kilometre limit, a mileage fee of $1.50/KM (outside of the fifteen (15) kilometres), in addition to the $35 set-up/delivery fee, will be assessed.
1.4 Service Times
Unless otherwise noted, Caterer’s service time for the Event will last two (2) hours.
1.5 Verification and Number of Attendees
Final menu selection and minimum meal guarantees are due seven (7) business days prior to the Event. Caterer requires the final guaranteed attendance (“Final Attendance”) at this time as well. Should Caterer not receive the Final Attendance by this time, Caterer will prepare for the original estimated attendance amount (“Estimated Attendance”) and charge for the Estimated Attendance or the number actually in attendance, whichever is greater. The Final Attendance is not subject to reduction. If additional food is required after the Final Attendance is given, Customer agrees to contact Caterer immediately.
1.6 Final Attendance
Caterer requires the Final Attendance seven (7) days in advance of an event. Customer agrees to pay for the number of attendees listed on the invoice. This includes those individuals accounted for in the Final Attendance that do not attend. No adjustment will be made for guests that do not attend or for guests accounted for in the final head counts that do not attend.
1.7 Menu
Customer may submit menu selections in conjunction with the execution of this Agreement. Customer may change its menu selections up to seven (7) days prior to the Event, subject to the availability of products and any necessary price adjustments.
1.8 Menu Costs
All menu prices are subject to change within seven (7) days of the Event. If a drastic change in an ingredient’s price within Customer’s menu is established, Customer has two options: (i) a new cost (maintaining Customer’s present menu) will be assessed based on current market prices to which Customer may agree to; or (ii) substitute menu item(s) will be presented to Customer in order for Customer to maintain the agreed upon menu price.
1.9 Change of Event Date or Venue
Caterer will apply the entire balance of Customer’s deposit towards another Event, subject to availability. All costs are subject to change.
2. Miscellaneous Provisions
2.1 Service Fee
An eighteen percent (18%) Service Fee will be added to the Event to cover all event coordination regarding logistical details between Customer and Caterer and also between Caterer and DNA Events (“DNA”). The Service Fee does not constitute gratuity.
2.2 Cancellations
50% of the deposit amount — 25% of the total amount — constitutes a reservation fee to secure the event date (“Reservation Fee”). The Reservation Fee is non-refundable. If the Event is cancelled within 30 days prior to the Event date, Caterer will retain the full deposit. If the Event is cancelled seven (7) days or less prior to the Event date, the full amount of the event will be retained and/or owed to Caterer.
2.3 Attorney Fees
Customer agrees to pay all costs and attorney fees realized by Caterer for the purposes of collecting any amounts due hereunder, including, but not limited to, reasonable attorney’s fees, court costs and expenses.
2.4 Liability
Customer agrees to indemnify and hold Caterer harmless against all claims for injury or damage to persons or property arising out of act, omission, negligence, or misconduct on the part of said Customer or any of its agents, guests, patrons or invitees.
2.5 Personal Property
Caterer cannot assume responsibility for personal property and equipment brought into Customer’s private property during the event.