Terms and Conditions (T&C) for Upscale International Caterers Proposal and Contract
- Guaranteed Minimum Guest Count. You must submit the guaranteed minimum number of guests (the “guaranteed minimum guest count”) for your Event to Upscale International Caterers no later than 30 days prior to the Event. The guaranteed minimum guest count may not be less than 50. If the actual number of your guests at the time of final payment for the Event is larger than the guaranteed minimum guest count, you will be charged for the additional number of guests at the per guest rate stated in the Proposal. Upscale International Caterers will not discount or reduce the contract price if the actual number of your guests at the time of the Event is less than the guaranteed minimum guest count you submit to Upscale International Caterers.
- Payments and Deposits. You must pay Upscale International Caterers a non-refundable deposit equal to 50% of the total contract price based on the guaranteed minimum guest count as stated in the Proposal at least 60 days prior to the Event Date. Your failure to pay the deposit on time shall render this Catering Contract null and void. You must pay Upscale International Caterers the balance due based upon the Final Guest Count no later than 10 days prior to the Event Date. Your failure to pay the balance due on time shall be considered a cancellation of this Catering Contract. Any Event booked less than 10 days from the Event Date must be paid in full at the time of booking based on the Final Guest Count. Upscale International Caterers accepts payments made by Credit/Debit Card, Check or Money Order. The Catering Coordinator will assist with any Customer request to establish a corporate billing account, based upon the standard terms and conditions established by Upscale International Caterers for such account.
- Cancellations, Refunds and Liquidated Damages. If you give Upscale International Caterers a written notice of cancellation of this Catering Contract more than 60 days prior to the Event Date, Upscale International Caterers will agree to cancel this Catering Contract at no charge, and will refund any deposit paid. If you do not give Upscale International Caterers a written notice of cancellation more than 60 days prior to your Event, you acknowledge that Upscale International Caterers will suffer damages and that the amount of actual damages caused by the late cancellation of this Catering Contract would be extremely difficult, if not impossible, to quantify. For the late cancellation of this Catering Contract (60 days or less prior to your Event), Upscale International Caterers will retain the deposit as liquidated damages. In the event that you cancel this Catering Contract within 10 days of the Event Date, for any reason other than due to Force Majeure (Acts of God, war, riot ) you will remain obligated to pay the entire contract price, less any Event Fee (as set forth hereafter), as liquidated damages to Upscale International Caterers. You agree that these above stated liquidated damages represent a fair and reasonable estimate of the losses and expenses Upscale International Caterers would sustain as a result of late cancellation of this Catering Contract, given that actual damages are uncertain and not susceptible of exact measurement as of the date of this Catering Contract.
Refunds on any accrued cost that falls under the event coordination services and rentals (as set forth hereafter) will be determined at time of cancellation.
- Menu Cost. All menu prices are subject to change based on market prices of food ingredients. Final menu costs will be provided at the time of final payment due. If there is a significant (more than 10%) increase in any market price affecting the menu cost, Upscale International Caterers will notify you within 5 days of the date final payment is due of the contract price increase. If you do not agree to the new price, Upscale International Caterers will propose substitute menu items to you in order to maintain the original menu price. If you do not agree to the proposed substitution, the menu price will be increased to reflect increased market price of items.
- Menu Items. Because our menus are scratch cooking and are tailored to our customers we require a minimum of seventy-two hours advance notice on some menu items/parties and five days advance notice on other larger parties. Some menu items are subject to change due to seasonality, availability or emergencies i.e. mother nature. Some menu items require assembling at time of delivery. Some menu items are for certain parties. Upscale International Caterers will try to accommodate our customers in the best way possible.
- Taxes. In addition to the contract price, you will be charged and responsible to pay all applicable state and local taxes. If you are a tax-exempt company, you must submit the tax-exempt certificate to Upscale International Caterers at the time of booking.
- Rentals and Event Coordination Services. Upscale International Caterers Catering Coordinator can manage all of your event needs, including event coordination for weddings and corporate events, staffing, and providing tables, chairs, linens, china and floral arrangements. Rentals and Event Coordination Services are charged in addition to catering services. Contact Upscale International Caterers Catering Coordinator for more information and pricing.
- Food Policy. For staffed Events, Upscale International Caterers disposes of uneaten food and beverage items remaining upon the completion of each Event. In the event you wish to retain such leftovers, you agree to indemnify, defend and hold Upscale International Caterers and its affiliates and their respective employees, representatives, agents and independent contractors harmless from any claims, injuries, losses or damages (including personal injury, wrongful death, and attorney’s fees) arising from or related to the post-Event consumption of leftover catered food and beverage items, which you elect to retain.
- Event Timeline and Staffing. Each Event is unique and will require a different timeline, so we understand that there will be specific requirements discussed at the time of your booking. Event staffing is variable and will be determined at the time of booking (based on the guest count and Event Type). The Catering Coordinator will inform you of the staffing planned for your Event. Upscale International Caterers pricing includes 2 hours for onsite, pre-Event set up, 3 hours for Event duration, and 2 hours for post-Event breakdown/cleanup. If your Event exceeds 3 hours in duration, additional staff time will be charged as a fee, in addition to the contract price, at a rate of $15 per hour per staff member.
- Additional Charges. Upscale International Caterers charges delivery fees for all drop-offs (disposable items only), and delivery and pick-up fees for all set-ups (having presentation pieces and executive décor), based on the distance of the Event from the catering restaurant. Set-up/Return Pick-ups are non-staffed and a member of our catering team will return to break it down at the designated time. An additional 20% Event Fee is charged for each Event set-up with our standard buffet equipment and staffed with our experienced catering staff, which will be arranged by our Catering Coordinator, to cover basic costs of equipment, standard props, administrative expenses, service vehicles, gas, uniforms, employment taxes and insurance.
- Damage and Liability. Upscale International Caterers maintains general liability and automobile liability insurance for the services it provides. You understand that Upscale International Caterers shall not be responsible for the loss of or damage to any items provided, rented or furnished by you unless such loss or damage was caused solely by the gross negligence or willful misconduct of Upscale International Caterers. In any event, Upscale International Caterers liability for any claim arising under this Catering Contract (including, without limitation, Upscale International Caterers failure to provide the services, is limited to the contract price amount paid by you plus $500. Upscale International Caterers shall not be liable for any consequential, incidental or further damages beyond such amount You agree to indemnify, defend and hold Upscale International Caterers and its affiliates and their respective employees, representatives, agents and independent contractors harmless from any claims, injuries, losses or damages (including personal injury, wrongful death, and attorney’s fees) arising from or related to the Event, unless such loss or damage was caused solely by the gross negligence or willful misconduct of Upscale International Caterers.
- Collections. Any amounts remaining unpaid after the Event shall be overdue and accrue interest at a rate of 1½% per month (unless otherwise agreed in writing by Upscale International Caterers). In the event that Upscale International Caterers takes any action (whether or not litigation is instituted) to collect unpaid amounts due to Upscale International Caterers you agree to pay the reasonable costs of collection (including court costs and attorney’s fees).