Catering Contract

Event Catering Contract


Our promise to you: Stonehouse Custom Catering LLC (hereinafter referred to as CATERER) will provide services specified in client’s (hereinafter referred to as CLIENT) proposal for their event and coordinate with CLIENT on menu, guest dietary needs and food service flow to help create a successful EVENT. 

Menu

Final guest count, meal choices, seating chart and allergy reporting are due at least 14 days prior to event. Guest count and dietary needs received less than 14 days from the event cannot be guaranteed. CATERER will not be held responsible for attendees who fail to report their dietary needs to the CLIENT. Guest count should include all vendors other than catering staff (i.e. venue staff, photographer(s), videographer(s), DJ(s), bartender(s), etc). Actual guest attendance exceeding reported guest count will result in additional charges and can not be guaranteed meals, place settings. Refunds will not be offered for guests that fail to attend. 

CATERER reserves the right to make changes to the menu if key ingredients are unable to be sourced due to reasons beyond the control of the Parties. 

In the event CLIENT’s total Guest Count drops below 100 attendees, CATERER menu/pricing may need to be adjusted to ensure budgetary requirements. 

Exact amount due will be determined and provided from CATERER to CLIENT in writing once final guest count is received. 

Venue

CLIENT will make all necessary arrangements to have access to the venue arranged. CLIENT is solely responsible for all costs and/or deposits relating to use of the venue and for obtaining any necessary permissions, authorizations, or other requirements for CATERER to provide services at the Venue. CATERER assumes no responsibility for ANY damage of loss of merchandise, alcohol, equipment, furniture, clothing or other valuables prior to, during or after the event. CATERER will do everything possible to ensure that all of CLIENT’s supplies, rentals, and equipment are cared for and maintained in good working order and without damage. When providing the location for the event/function, the CLIENT understands that accidents/breakage and/or damage may sometimes occur. CATERER will not be liable for any damage or loss, unless specifically caused by the willful negligent actions or conduct of CATERER or its employees.  

Payment Terms

Deposit: Fifty percent (50%) of the proposal cost must be submitted with this contract. The deposit is non-refundable and is deducted from the total price of the event. Payment may be made in cash, check, credit or debit card. Payment by credit or debit will be subject to a service charge of three percent (3%) per the amount of transaction. 

Final payment is due 10 days prior to the event. If payment of balance due is not made, food and staffing will not be ordered and this contract will be closed at the determination of CATERER. If CATERER determines the contract can still be fulfilled after this date and CLIENT wishes to continue the contract, there will be a 10% fee added to the balance due and an additional 3% fee for each day that the balance is late. Any extraordinary costs incurred due to the late payment will be passed onto the CLIENT. 

Due to the fluctuating cost of food items, menu prices are subject to change. When drastic change in the menu ingredient cost occurs we will notify CLIENT.

 CLIENT has two options: 

  • CLIENT will pay the additional cost based on the current adjusted price, or 

  • Substitute other menu items to maintain the agreed upon per person menu. 

There will be an 18% service charge for all events, unless otherwise specified. At the CLIENT’s discretion, any extra gratuity will go directly to the service staff. 

Insurance and indemnification

CATERER has general liability insurance through Secura Insurance relating to CATERER’s services at the Event. However, CLIENT will indemnify and hold harmless CATERER for any damage, theft, or loss of CATERER’s property occurring at the event caused by the CLIENT’s guests. 

Taxes

CLIENT will be charged the applicable current tax rate for all services rendered as determined by the concerned government body. 

Cancellation

If the CLIENT needs to cancel the event, CLIENT must provide written notice to CATERER along with any required cancellation fee described in this Catering Contract to effect cancellation. 

CLIENT understands that upon entering into this Contract, CATERER is committing time and resources to this Event and thus cancellation would result in lost income and lost business opportunities in an amount difficult to precisely calculate. 

The 50% deposit is non-refundable, should the event be canceled by CLIENT. If CLIENT requests cancellation of this Contract 90 to 179 days prior to the Event, CLIENT is responsible for additional 10% total proposal. If CLIENT requests cancellation of this contract between 46 and 89 days of the event date, CLIENT is responsible for an additional 20% of the total proposal (50% Deposit plus 20%). If the event is canceled between 31 and 45 days of the event, CLIENT is responsible for an additional 30% of the total proposal. If CLIENT cancels in less than 30 days of the event, CLIENT is responsible for 100% payment based on the current proposal.  

CATERER reserves the right to cancel this contract if at any time CATERER feels that the obligations cannot be met. If CATERER terminates this contract 30 days prior to the event date, all deposits and prepayments will be returned in full within 10 days. 

Concerning Drop Off Service 

In the event any of our equipment (including but not limited to chafers, serving dishes, serving utensils) is damaged in the period Stonehouse Catering personnel is not supervising, you will be responsible to pay for repairs and/or replacement of said equipment. 

Unlawful Activities

The CLIENT will comply with all the laws of the United States of America and the State of Minnesota, all municipal ordinances and all lawful orders of police and fire departments. If unlawful activities should occur on the premises, and the event is canceled, there will be no refund of any kind from CATERER to CLIENT. 

Legal Compliance

CATERER will work in compliance with all applicable local health department rules and regulations relating to food preparation and food service. 

Assignment

This contract cannot be assigned by either Party without the other’s written consent, with the exceptions set forth below

Limitation of Remedies

If CATERER cannot fulfill its obligations under this Contract for reasons outside of its control, CATERER may locate and retain a comparable replacement catering company at no additional cost to CLIENT, or refund CLIENT’s money in full. CATERER will not be responsible for any additional damages or compensation under these circumstances. 

 Resolution of Disputes

Both parties agree to not post any negative information about the other arising out of this contract or the event on any online forum or website without providing advance written notice of the intended content thereof, and providing the other party with the opportunity to resolve any issues between the parties amicably. 

Jurisdiction and Venue

This Contract will be interpreted according to the laws of the State of Minnesota and any legal action must be filed in the County of Ramsey in the State of Minnesota. Any controversy or claims arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules [including the Optional rules for Emergency Measures of Protection]. The arbitration hearing shall take place in Ramsey County, MN before a single arbitrator. Judgment on the award rendered by the arbitrator may be neutered in any court having jurisdiction thereof. 

Terms

At the time of initial deposit, adjustments can still be made to the invoice. Additions and subtractions to attendance and menu choices are accepted up until the balance is paid in full. There is a guaranteed minimum of 85% of the original proposal fourteen (14) days prior to the event. 

Entire Agreement 

This document, along with its exhibits and attachments, constitutes the entire agreement between the Parties.