In consideration of the services to be performed by Detroit Evolution (“DE”)(“Caterer”) for the Event of ______________________________________ (“Clients”) scheduled for _____________, 2010 as set forth on the attached menu and invoice, Client agrees to the following terms and conditions:
1. In order to reserve the date of the Event, Client must deliver a signed copy of this agreement to the Caterer along with a deposit or payment as follows:
2. At least seven (7) days prior to the Event, Client agrees to inform Caterer of the number of persons expected to attend Event and to pay for the amount confirmed or the actual number in attendance, whichever is greater. If the actual number in attendance is equal to or greater than 20% less than the number confirmed, Caterer reserves the right to increase the price per person.
3. If Client fails to pay any payments when due prior to the date of the Event, this Agreement may be canceled or rejected by Caterer. Client agrees that Caterer shall not thereafter be obligated to provide any services hereunder. In such case, or if Client shall, for any reason whatsoever, cancel this Agreement, Client acknowledges that it would be impossible to fix the actual damages resulting from such cancellation, and Client therefore agrees that Caterer may retain a.) 50% of the deposit (if this Agreement was delivered to Caterer more than seven (7) days prior to the Event) or b.) 25% of the Total amount of the Invoice (if this Agreement was delivered to Caterer seven (7) or fewer days prior to the Event), in each case as liquidated damages and not as a penalty, which represents a reasonable estimation of fair compensation to Caterer for damages incurred by Caterer resulting from such failure to pay, or cancellation, by Client.
4. Client agrees to indemnify and hold harmless Caterer for any damage, theft, or loss of Caterer's property (including, without limitation, equipment, plates, utensils, and motor vehicles) occurring at the Event that is caused by persons attending the Event.
5. All prices quoted are based on a cash/check transaction. Checks can be made out to Detroit Evolution. All clients wanting to pay via MC or Visa will be assessed a non-cash payment (cc processing fee) of 4% per the amount of transaction and sent a pay pal request for that amount.
6. DE charges 6.0% Sales Tax and an 18% Service charge on all listed services within your invoice.
7. DE assumes no responsibility for ANY damage or loss of any merchandise, alcohol, supplies, equipment, rentals, furniture, clothing or other valuables prior to, during, or after the event. We will do everything possible to ensure that all of your supplies, rentals and equipment are cared for and maintained in good working order and without any damage.
8. DE's only liability, for third party claims, will be for actions caused by DE and/or the negligent conduct of its employees.
9. DE assumes no responsibility for the conduct of guests, members and third parties hired to provide services.
10. The client will comply with all the laws of the United States and the State of Michigan, all municipal ordinances and all lawful orders of police and fire departments, and will not do anything on the premises in violation of any laws, ordinances, rules or orders. If unlawful activities are occurring on the premises, and event is cancelled, their will be no refund of any kind from DE to client.
11. DE will prepare between 5%-10% overage based on the final number of guests we receive from you. Part of this overage is to ensure adequate food supply, as well as to feed the staff, which is an industry standard. You are not charged for this service.
12. All menu prices are subject to change. If a drastic change in an ingredient(s) within your menu is established you have two options:
13. In the event attorneys' fees or other costs are incurred to secure performance of any of the obligations herein provided for, to obtain damages for breach thereof, or to obtain any other appropriate relief, whether by the way of prosecution or defense, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees and cost incurred herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto with reference to this Event, and no other agreements not specifically referred to herein, oral or otherwise, shall be deemed to exist or to bind either of the parties hereto.
Agreed and Accepted:
Detroit Evolution Catering Menu by Detroit Evolution is licensed
under a Creative Commons Attribution-Share Alike 3.0 United States License.