Catering for Gina Kim 12/24/2022 for pick up @ 4PM
|Cut Description||Quantity||$/ portion||Total:|
|❖ Asado- Short ribs, slow roasted over open flame (14.4oz) *||18||$31.50||$567.00|
|❖ Vacio- Flap steak, slow roasted over open flame (8oz)*||18||$22.75||$409.50|
|❖ Matambre a la Pizza- Pork pizza (6.4oz)||18||$22.75||$409.50|
|❖ Chorizo- Argentine Sausage, pork (4oz)*||18||$4.59||$82.69|
Due and payable as of date of issuance on 12/8/2022. If payment is not remitted by 12/10/2022, CLIENT releases CATERER from any and all responsibilities. For further details
CLIENT(s): Gina Kim
This Catering Agreement is entered into this 8nd DAY of December of 2022 between Gina Kim, hereinafter referred to as the "CLIENT(s)" and Diaspora Foods LLC hereinafter referred to as the "CATERER".
Whereas the CATERER will have food as listed above ready for pick up on Saturday December 24th 2022 at 4PM.
- Fifty percent (50%) of the estimated contract cost is due at the time of booking.
- The final fifty percent (50%) or remaining balance (depending on guest count fluctuation) will be due fourteen(14) days prior to the event. In case that the full balance is not paid by terms laid in the agreement, CATERER has no obligation to provide any further services, and CLIENT(s) forfeits any money paid up until then.
- CLIENT(s) may request additional services, with the knowledge that these services will add to the total cost agreed upon by the contract, and must be agreed to in writing, either as an addendum to the Agreement, or in a separate document. CATERER will try to accommodate, but no promises can be made.(See FOOD/MENU clause, part 3)
- All prices quoted are based on cash or check-payments
- Payment by credit card (Visa, American Express, Mastercard, etc) will be subject to service charge of four percent of the full balance (4%).
- Check payments are due fourteen (14) days before the event
- In case of payment via any kind of bank card, CLIENT(s) agree(s) and attests that CLIENT(s) has discretion to authorize payment. Once payment is executed, CLIENT(s) agrees that there will be no refund unless agreed by CATERER, invalidating any chargebacks or claim of funds.
3. SERVICE CHARGE
- Service Charge of 20% (if date is on a holiday/holiday weekend, Service Charge is 30%) not included
- Gratuity not included
- Tax not included (8.75%)
- Credit Card payments will be assessed an additional 4% of full balance as noted on PAYMENT clause.
4. GUEST COUNT
- Final guest count, not subject to reduction, is due fourteen (14) days prior to the event date.
5. CHILDREN AND VENDORS
- CATERER will NOT make distinction between children and adults, guests or vendors(Including but not limited to: photographers, DJ, videographer, coordinator, etc).
- CATERER will provide the contracted amount of food as stated in the agreement.
6. FOOD / MENU
- Due to the fluctuating cost of food items menu prices are subject to change. In case there is a drastic change, CATERER will notify CLIENT(s) within 14 calendar days before the date of the event. If any changes are necessary, at CATERER’s sole discretion. CLIENT(s) accepts this clause and following options laid out as:
- CLIENT(s) will pay additional cost based on the current adjusted price, or
- Allow the CATERER to substitute menu items to maintain the agreed upon pricing.
- Last day to confirm menu is fourteen (14) calendar days before the date of the event, or
- CLIENT(s) will be subjected to an additional charge of 100% of the additional items before taxes, to be payable and due on the day of the event.
- Menu will be fixed, and no changes may be made 7 days before the Event. In case of changes made within seven (7) days prior to the event, the additional portions will be charged as double the price.
- Any change requests MUST BE DONE IN WRITING.
- Delivery of additional items will be on a reasonable effort basis, not a guarantee. CLIENT(s) understands, and accepts that CATERER will try to accommodate, but even if the requested changes are not fully delivered, CLIENT(s) will pay the double price as stated on clause D.
- For any requested change, it shall be paid BEFORE the event.
- In accordance with appropriate Health Codes, CATERER reserves the right to discard any and/or all leftover food items if there is a reasonable risk for foodborne illness and spoilage to occur.
- Beverages are NOT INCLUDED in this package. As such, CLIENT(s) understands and agrees that CATERER is NOT responsible to serve or provide beverages on the day of the event.
- CLIENT(s) will be billed for additional staff hours for any time extension beyond the prior agreed upon time at the rate of $600/hr.CLIENT(s) agrees to pay any such potential charges within 48 hours of the start of the event.
- If CLIENT(s) would like servers, this can be arranged, otherwise it is understood that food will be served buffet style. There will be an additional charge of $350 for every server. 1 server for every 30 guests is recommended
10. CHANGE OF EVENT DATE OR VENUE
- CATERER will apply 75% balance of CLIENT(s)'s deposits and prepayments towards another event, subject to CATERER's availability, when notice is given 30 days prior to the event or earlier.
- If notice is given after the 30 day mark, CATERER will apply 65% of CLIENT(s)’s deposits and prepayments towards another event, subject to CATERER’s availability. All prices are subject to change.
- CATERER may be providing all or part of the rental items for the event. However, certain items may incur restocking & cancellations fees.
- If CATERER arranges external rentals, for the CLIENT(s), through a rental company, any loss or damage to any rentals will be billed to CLIENT(s) due and payable within 48 hours of the start of the event.
- CLIENT(s) agrees to pay any such potential charges within 48 hours of the start of the event. Unless requested in writing, and agreed by CATERER, CATERER will only provide food and items listed in this agreement.
- In case any of the rented equipment is not returned(knives, forks, plates, etc) CLIENT will pay 4x (4 times) the rental price for the equipment, due 48 hours after the beginning of the event
- Prior approval from CATERER is required for any storage or transportation of goods before or after the event/function.
- This contract is not assignable without the prior written consent from the CATERER.
14. CANCELLATION BY: CLIENT(s)/VENUE/ACTS OF GOD
- In the event of cancellation, between thirty (30) days and forty five (45) days from the event date, 50% of all prepayments and deposits are returned to CLIENT(s).
- In the event cancellation, within twenty nine (29) days before the event date, all deposits and prepayment are forfeited in full.
15. CANCELLATION BY CATERER
- CATERER reserves the right to terminate this contract for any reason.
- If CATERER terminates this contract at any time, all deposits and prepayments will be returned in full within ten (10) days of cancellation.
16. FIRE HAZARD
- CLIENT(s) understands that due to the nature of the food, being roasted meats cooked over open flames with charcoal and/or wood fire, all permissions have to be agreed upon with the venue by the CLIENT(s).
- If for some reason the venue does not allow CATERER to fulfill the agreement in any way, CLIENT(s) will hold CATERER harmless and all fees and payments will be paid as agreed, and no refunds will be issued.
- CATERER assumes no responsibility for ANY damage or loss, including but not limited to: alcohol, equipment, furniture, clothing or other valuables prior to, during, or after the event.
- CATERER will do everything possible within CATERER’s discretion to ensure that all of CLIENT(s)'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(s), understands that accidents/breakage and/or damage may sometimes occur. CATERER or representatives/agents/employees/associated persons will not be liable for any damage or loss.
18. CATERER LIABILITY
- CLIENT(s) absolves CATERER from any third party claims, except for actions caused by CATERER and associated persons.
- CATERER Maintains: Commercial General Liability Insurance (Food Liability Insurance Program). Certificate of Insurance may be presented upon request.
- CLIENT(s) will be charged for all taxable sales and services as determined by the State of California.
21. UNLAWFUL ACTIVITIES
- The CLIENT(s) will comply with all the laws of the United States of America and the State of California, all municipal ordinances and all lawful orders of police and fire departments, and will not do anything on the event/function premises in violation of any laws, ordinances, rules or orders.
- If any unlawful activities should occur on the premises, and the event is canceled, there will be no refund of any kind from CATERER to CLIENT(s).
22. AMENDMENT AND SUPPLEMENT
- Any amendment and supplement to this Agreement shall come into force only after a written agreement is signed by both parties five (5) days before the event/function date.
- The amendment and supplement duly executed by both parties shall be part of this Agreement and shall have the same legal effect as this Agreement.
23. GOVERNING LAW
- This Agreement shall be governed by and construed in accordance with the State of California.
- This agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes any and all prior understandings, representations (written or oral), warranties and agreements between the Parties pertaining to the subject matter hereof.
- No changes, modifications or alterations to this contract will be adhered to unless agreed to by both parties in writing.
- A failure or delay of CATERER to enforce at any time any of the provisions of this Agreement, or to exercise any option provided in this Agreement, or to require at any time the performance of any of the provisions in this Agreement, will not be construed to be a waiver of such provision of this Agreement, nor will it excuse the CLIENT(s)’s performance of such, nor affect any rights at a later time to enforce the provision.
- If any provision of this Agreement is found invalid, illegal, or unenforceable by a tribunal or court of competent jurisdiction, the remaining provisions of this Agreement will remain valid and enforceable according to its terms.
- The invalid, illegal, or unenforceable provision will be replaced by a mutually acceptable provision, which, being valid, legal, and enforceable, comes closest to the intention of the CATERER.
- If any provision of this Agreement is held to be excessively broad as to duration, geographical scope, activity, or subject, it is to be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.
- CLIENT(s) hereby agrees to defend, indemnify, and hold harmless CATERER and its business and partners, third-party suppliers, operators and providers, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys' fees) in connection with any claim or action arising from any cause such as (i) any act or omission that, if true, would constitute a breach of this agreement, (ii) in violation of the restrictions herein, or in violation of applicable law, and (iii) any other reason including but not limited to acts of God, destruction, theft, defects, foodborne illnesses, communication failure, failure of performance.
- CLIENT(s) agree that CATERER has the right to seek and recover all of its damages caused by CLENT(s)through any use of the service in an unlawful manner.
- The terms of this section shall survive the termination of this agreement regardless of the cause or nature of such termination.