Things Our Lawyer Makes Us List
Your event is confirmed upon acceptance of this event agreement and payment of the deposit (50% of the total.) Full payment is due no later than seven business days in advance of event – late payments will be assessed a surcharge of $100/day or 10% of the event total whichever is greater. Client may also be charged for any added shipping/rush order charges incurred by CES. The pricing in this agreement is valid for 48 hours. Payment of the deposit constitutes acceptance of the terms of this agreement.
Deposit is refundable until ninety days prior to the event*. After that point, the deposit is forfeited in the event of cancellation for any reason, however, the client will be given a 20% discount (on service charges not ingredients or wine) on a similar event if scheduled within 30 days of cancellation. In the event of cancellation or postponement within seven days of the event all deposits and payments are forfeited. Failure to make final payment at least seven days in advance of the event shall constitute grounds for cancellation of the event and the client will not be reimbursed or refunded any prior payments, nor will the client receive any discount on a rescheduled event. (* For New Year's Day, Valentine's Day, Memorial Day Weekend, 4th of July Weekend, Labor Day Weekend, Thanksgiving Day, All December Saturdays, Christmas Eve, Christmas, New Year's Eve events, or other dates CES designates as “Special”, the deposit is refundable until 180 days prior to the event. Full Payment is due 30 days in advance of the event.
If the client proves him/herself to be an asshat, humorless, mean to old people, or just generally more trouble than his/her money is worth, CES reserves the right to cancel this agreement with a refund of any deposits or payments made to CES.
The client agrees to provide CES and CES staff an environment that is free from all forms of unlawful discrimination and harassment, including sexual harassment (including but not limited to unwelcome sexual advances, requests for sexual favors and other verbal or written communication, and physical conduct of a sexual nature). Failure by the client to provide such an environment is considered a material breach of this EA, and CES may immediately cancel or terminate the EA and stop performance, and all money due or already paid by the client to CES under the EA may be forfeited for a violation of the terms and conditions of this EA.
Client will follow all COVID protocols established by CES. Failure by the client to adhere to them as determined by CES is considered a material breach of this EA and CES may immediately cancel or terminate the EA and stop performance, and all money due or already paid by the client to CES under the EA may be forfeited for a violation of the terms and conditions of this EA.
During the course of the event, there shall not be any other food vendors, or food offered to attendees without the express approval of CES. This includes but is not limited to celebratory cakes, canapés, hors d'oeuvres, snacks, etc. served pre or post event.
If CES team members will be staffing a bar, either CES provides the spirits, mixers, cordials, etc. or the Client agrees to provide spirits that meet CES specifications, including but not limited to bottles that do not exceed one liter in size, and reasonable quality levels as determined by CES.
Unless the client requests to not be included, all new clients will be added to our email list. To be clear, we take your privacy and time very seriously. We will never sell or share your email address to anyone under any circumstance. We send one newsletter per month, and on rare occasions, one more email per month to announce special offers (usually a last-minute cancellation/event available at a deep discount or a new open event.)
If the client resides in an area with zoned or timed parking and cannot provide off-street parking, then a $30 surcharge shall be added to the cost of the event.
Upon arrival at the event site or anytime during the course of the event, if it is determined by CES that the cooking environment is unsanitary, unsafe, or cannot accommodate safe cooking, the event will be canceled without refund to the client.
If CES is not provided access to the cooking site at the access time specified in the event agreement the following shall apply: for each hour or part thereof that CES does not have access, the client shall pay CES a $50/hour surcharge, and an additional $25/hour surcharge for each additional CES staff member.
If the event site changes to a location that is substantively different (as determined by CES) CES reserves the right to modify or cancel this agreement under the terms of the cancellation policy outlined in the second point of this agreement.
If the start of an event is delayed or the event extends beyond the designated time of duration specified in the event agreement because of delays caused or requested by the client, the client shall pay a $50/hour surcharge for each additional hour or part thereof and an additional $25/hour surcharge for each additional CES staff member on-site.
If the cooking environment does not adhere to the “Day of Expectations for the event site” specified in the Event Agreement, the client shall pay a $50 surcharge.
A $1.00/mile surcharge will be added for any CES travel beyond 20miles. Travel of more than 80 miles requires an overnight stay and will incur a $200/CES Team Member surcharge.
All pricing and cost information are to be held in the strictest of confidence by both the Client and CES and not disclosed to any third parties.
Any un-served food items are the property of CES and will not be left with a client except at the specific request of the client and at the sole discretion of CES. (This clause is not included to appear uncharitable or even stingy, however, it is often the case that we will arrive with or prepare many ingredients that are only a small part of your menu. Additionally, we may intentionally prepare more than the number of servings for your event for reasons unrelated to your event.)
Every effort will be made to adhere to the existing menu, however, CES reserves the right to make changes in whole or in part to each dish. The primary reasons for changes are dissatisfaction with available ingredients or unexpected availability of more desirable ingredients. Menu changes are only made with client satisfaction in mind.
In the event of severely inclement weather, predictions thereof, or other acts of god, CES and the client shall make a mutual determination regarding the decision to reschedule or proceed as planned. Both the client and CES agree not to be jerks about this. In the event that a Snow Emergency or Tropical Storm/Hurricane Alert has been issued, the ability to proceed with or reschedule the event shall be at the sole discretion of CES. If the event is rescheduled, the portion of the deposit or full payment that is attributable to perishable or non-refundable items acquired by CES for the event shall be forfeited equally by Client and CES. Any remaining amounts shall be issued to the client in the form of a GC valid for twelve months.
The Client agrees that CES's maximum liability for any damages or costs not attributable to the negligence or willful misconduct of CES or any CES staff will be limited to the agreed price for the Event. Any damages, losses or liability due to actions by the Client or the condition of appliances or the Event site or cooking site shall be borne by the Client and CES bears no responsibility for such damages, losses or liability.
Force Majeure: CES shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is (a) beyond the reasonable control of a party, (b) materially affects the performance of any of its obligations under this agreement, and, (c) could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
CES uses AdobeSign to capture electronic signatures for all Event Agreements, however, the EA is not valid until payment has been made. Payment of the deposit constitutes acceptance of the terms of this agreement, however, the electronic signatures provide an extra layer of mutual protection.