Catering Agreement & Liability Waiver
This Agreement is entered into between House of Chef James Mitchell Inc. (hereinafter referred to as the “Caterer”) and [Client Name] (hereinafter referred to as the “Client”) for catering services to be provided at [Venue Name & Address] on [Event Date].
1. Payment & Deposit Acknowledgment
The Client and Caterer acknowledge that a 30% non-refundable deposit has been successfully paid to secure the event date. This deposit is strictly non-refundable under any circumstances. The remaining balance of the total estimated invoice is due in full no later than 14 days prior to the event date. Failure to pay the final balance on time may result in the suspension of services without a refund of the initial deposit.
2. Venue & On-Site Operations Policy
The Caterer will provide services at the venue designated by the Client. To ensure the Caterer is fully protected while operating off-site, the following conditions apply:
- Venue Access & Equipment: The Client is responsible for ensuring the venue is accessible to the catering staff at the agreed-upon arrival time. The Caterer is not responsible for the failure, malfunction, or inadequacy of any equipment, utilities (power, water), or facilities provided by the venue.
- Venue Kitchen Liability: The Caterer is not responsible for the cleanliness, safety, or pre-existing conditions of the venue’s kitchen or food preparation areas. Any health, safety, or operational issues arising from the venue’s facilities are the sole responsibility of the Client and the venue management.
- Damage to Venue: The Caterer and its staff exercise extreme care during operations; however, the Caterer shall not be held liable for any incidental wear and tear, property damage, or cleaning fees imposed by the venue, except in cases of proven gross negligence by the Caterer’s staff.
3. Allergy & Food Safety Liability Waiver
The safety of your guests is important to us, but the Client acknowledges and agrees to the following strict limitations regarding food allergies:
- Caterer’s Kitchen Environment: The Caterer prepares its food in a commercial kitchen facility that regularly handles, stores, and processes major food allergens, including but not limited to dairy, gluten, tree nuts, peanuts, soy, eggs, and shellfish. While we make every effort to accommodate specific dietary requests and prevent cross-contamination, we cannot guarantee that any menu item is 100% free of allergens.
- Venue Kitchen Environment: The Caterer assumes absolutely no liability for cross-contamination or the presence of allergens that may originate from the venue’s kitchen, venue equipment, or any food/beverages brought in by the Client or third-party vendors.
- Assumption of Risk: The Client assumes full responsibility for communicating these allergy limitations to their guests. The Client agrees to indemnify and hold the Caterer completely harmless against any and all claims, medical emergencies, or damages resulting from allergic reactions or dietary sensitivities experienced by any guest at the event.
4. General Liability & Indemnification
- Hold Harmless: The Client agrees to indemnify, defend, and hold harmless House of Chef James Mitchell Inc., its owners, employees, and agents from any and all liability, claims, damages, losses, or expenses (including legal fees) arising out of or related to the event, the venue, the actions of the guests, or the consumption of the food provided, except in cases of direct, gross negligence by the Caterer.
- Limitation of Liability: In no event shall the Caterer’s total liability to the Client for any damages, losses, or breach of contract exceed the total amount paid by the Client to the Caterer for the services rendered under this agreement.
5. Force Majeure
The Caterer shall not be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, severe weather, natural disasters, pandemics, government restrictions, or sudden supply chain failures.
Acceptance of Terms
By signing below and/or completing the payment for this invoice, the Client acknowledges that they have read, understood, and agreed to all the terms, policies, and liability waivers outlined in this Catering Agreement. The electronic signature recorded below, and the payment of the 30% deposit, each serve as the Client’s official digital signature and binding agreement to these terms.
