Cost, Fees and Payment

A non refundable, non transferrable retainer equal to 50% total cost, due upon booking and balance due two weeks prior to event. Late payments may incur additional fee of $100. Orders totaling less than $300, due in full upon booking.  Bookings occurring within one week of event date are subject to a $150 rush fee. All menu items subject to a 9.45% sales tax.

For your convenience, payments can be made online via HoneyBook.com using a valid credit card. Otherwise, payment is to be made by Check (checks must be issued with respect to contract deadlines and bank clearing schedules)

Limit of Liability

Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Provider.

Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Provider shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification. Client agrees to indemnify, defend and hold harmless Provider and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Provider provides to Client.

Cancellation, Rescheduling and No-Shows

Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel services and/or products, reschedule services and/or products, or if it becomes impossible for Provider to render services and/or products due to the fault of the Client or parties related to Client, such as failure of the   to occur or failure of one or more essential parties to the   to show up in a timely manner, Client shall provide notice to Provider as soon as possible via the Notice provisions detailed in this Agreement. Provider has no obligation to attempt to re-book further services and/or products to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Provider to provide the services and/or products due to the fault of Client (or parties related to Client), and Provider will not be obligated to refund any monies Client has previously paid towards the Total Cost.  Client is not relieved of any payment obligations for cancelled services and/or products, rescheduled services and/or products, failing to show up for the  , or should it become impossible for Provider to provide the services and/or products due to the fault of Client (or parties related to Client) unless the Parties otherwise agreed in writing.   For instance, if Provider is able to secure another, unrelated client for  , then Provider may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. 

Travel

Delivery Fees Outside 15 mile Radius

For deliveries that are outside our normal area of 15 miles, we charge a mileage fee of $0.70 per mile. For events over 20 miles, we also charge a personnel fee of $20 per hour, prorated, and rounded to the nearest quarter hour, for each staff member for the time spent traveling to the event location. Mileage fees will be based upon client provided address included in contract. Changes to location after contract is signed will result in recalculation of fees. Additional fees will be due at last payment date. No refunds will be provided for changes in location resulting in less mileage, but may be applied to any remaining balance.

For all out of state traveling chef services, the Client will provide stay and travel for Provider with reasonable consideration. Stay and travel should be confirmed two  weeks prior to event date. Failure to do so will be considered a last minute cancellation. If living conditions are not suitable for Provider upon arrival, client will be charged for lodging expenses elsewhere, and failure to provide these expenses or conditions will be considered a last minute cancellation. Menu items may be subject to change due to ingredient availability, quality, or other unforeseeable factors. 

Impossibility

Force Majeure. 
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within [two] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [fourteen] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

Failure to Perform Services and/or products.

In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and

2. Attempt to find another competent professional to take its place with the mutual agreement of Client(s);

3. If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered, excluding non-refundable, non-transferable retainer; and

4. Excuse Client(s) of any further performance and/or payment obligations in this Agreement.

Safe Working Environment:

Project: 

The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either [Provider] or a bystander to present a threat or implied threat of injury or harm to [Provider] staff or equipment, the [Provider] reserves the right to cancel all services remaining under this Agreement and leave the event. At the [Provider]’s discretion, the [Provider] may enact a three-strike policy. After the first offense, the [Provider] will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), [Provider] shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the [Provider] will immediately leave the event. If the [Provider] leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold [Provider] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Provider’s] work, and the Client(s) shall be responsible for payment in full. 

Non-Project:

The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to [Provider] staff, [Provider] will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, [Provider] shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold [Provider] harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the [Provider’s]work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether [Provider] resumes work detailed in this Agreement

Health & Safety:

Client(s) further understand that [Provider] complies with all health and safety laws, directives, and rules and regulations.  Further, [Provider] will not provide services and/or products in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. [Provider] shall be entitled to retain all monies paid and Client(s) agree to relieve and hold [Provider] harmless.

Leftovers/Food Safety:

In accordance with appropriate state health codes, the [Provider] reserves the right to discard any food items where there is a reasonable risk for food borne illness to occur. At the [Provider's] discretion, any food that is safe for consumption will be packaged, assuming the food could be kept at the proper and safe temperature. [Client] will assume full responsibility for maintaining safe conditions for food released and/or delivered, such as temperature and cross contamination.  [Client] will assume full responsibility for any liability as a result of consuming leftover food after the event.