The foregoing proposal represents an offer by Picameal LLC(“Caterer”), and, once countersigned by the client identified in the proposal (“Client”), it will form the agreement and legal contract between Caterer and Client for the provision of the catering services described in the proposal, subject to the following terms and conditions:
PROPOSAL TERMS: Please be advised that the proposal and the accompanying quote is valid for a period of 5 days from the date of its delivery to Client. If Client fails to countersign it and deliver it to Caterer by such deadline, then Caterer will not be obligated to perform the catering services. This proposal and the accompanying quote are based on the information provided by Client, including specifically but without limitation the number of guests that will attend the event. Any changes in the original menu, the number of guests, or the logistics of set up to include timing, may change the estimated compensation quote prior to the final guest count. If the number of guests decreases by 20% or more, there will be an increase to the price of the food per person. The final guest count must be provided 10 business days prior to the date of the scheduled event. After this date, the final guest count can only increase but not decrease. Any increase in guest count will be subject to additional costs. If there is an increment to the guest count at the time of the event, the Caterer will charge the Client for the additional expenses (additional labor, rentals, etc.).
DEPOSIT AND PAYMENT: Full payment is required below the amount of $700 and tasting is not included. There will be a NON REFUNDABLE DEPOSIT of 25%. The deposit locks your date and includes a maximum of four guests for a tasting of the final menu selection you chose. A second pre-payment of 50% of the total amount of the event will be due 45 days prior to the event. In order to have a tasting without a signed contract there is a $45 charge per person, if client would like to proceed with Picameal, the total for the tasting will be deducted from the total once contract is sign. Final Payment is due 14 days before the event date. A 5% convenience fee will be applied on all credit card transactions.
MODIFICATIONS OF THE AGREEMENT: - At the time of the final prepayment, a credit card will be required to cover any incidentals, overages, or any last-minute changes to the agreement, that may accrue after the final payment. Any changes must be requested in writing. - Modifications of the agreement including but not limited to overtime labor, increase in the number of guests and any additional items not previously included upon in the original signed agreement (i.e. food, beverage, rentals, décor, music) will be billed separately to the credit card on file after the event has taken place. - Additional items are to be paid within 48 hours of the event with the credit card on file. - In the event that Client's account becomes delinquent, unpaid amounts will accrue interest at the rate of one percent (1%) per month, and the Client agrees to pay for all costs of collections, including all pre- and post-judgment attorneys' fees and expenses.
OTHER CONTINGENCIES: - Caterer shall not be responsible for any damage of loss of merchandise, equipment, furniture, clothing, breakdown of equipment, not at the fault of the Caterer, or any other cause beyond the control of the caterer. - In accordance with appropriate state health codes, the caterer reserves the right to discard any food items where there is reasonable risk for food borne illness to occur.
CANCELLATION TERMS: - Caterer shall not be responsible for failure to perform due to acts of God, strikes, fire, or order of a governmental authority, interruption or failure of utility services. Notwithstanding the foregoing, the parties acknowledge that adverse weather conditions on the day of the function shall not excuse performance by either party. - If the Client decides to cancel or postpone a function due to adverse weather conditions, Client shall remain responsible under the cancellation terms herein. - Cancellation of the entire agreement 45 days or more before the event, $500 administration fee will not be refunded. - Cancellation of the entire agreement within 10 to 45 days before the event is subject to a 25% charge of the event total cost. - Cancellation of the entire agreement less than 10 days before the event is subject to a 75% charge of the event total cost. - If a custom item is ordered, no refund will be issued for this item.
ADDITIONAL CHARGES:- 7% Florida sales tax will be added to final invoice. If Client is a tax-exempt entity, Client must submit the tax-exempt certificate or a resale certificate to Caterer at time of contract signing. - A convenience charge of 5% will be added when paid with credit card; - However, gratuities are at your discretion. There is an 18% service charge (administrative. overhead, equipment, amount of labor costs) added to the total amount of the bill for all events.
PHOTOS & COPYRIGHTS: The photographs produced by PICAMEAL are protected by Federal Copyright Law (all rights reserved) If the CLIENT did not purchase the photos, PICAMEAL its not obligated to grant the CLIENT permission to receive photos. The CLIENT must obtain written permission or purchased photos from PICAMEAL prior to publishing or selling the photographs taken by PICAMEAL.
MISCELLANEOUS: - Caterer warrants that the catering services will be performed in a good and workmanlike manner, provided that any claim for breach of said warranty shall be made by Client by written notice to Caterer, within ten days of the date of completion of the services. THE FOREGOING WARRANTY SHALL BE IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. - CATERER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, CATERER'S LIABILITY FOR DIRECT DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, ITS NEGOTIATION OR TERMINATION, OR THE PROVISION OR NON PROVISION OF SERVICES (WHETHER IN CONTRACT OR TORT) WILL IN NO EVENT EXCEED THE AMOUNTS PAID TO CATERER BY CLIENT.
ACKNOWLEDGEMENT BY CLIENT
- This agreement shall be governed by and construed in accordance with the laws of the State of Florida. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this agreement or the breach thereof shall be brought only in the court with competent jurisdiction located in Miami-Dade County, Florida. In connection with any litigation arising from this agreement, the prevailing party shall be entitled to recover all costs incurred, including but not limited to reasonable attorneys' fees for such litigation and any subsequent appeals.