The Kitchen & Company (From My Side of the Kitchen, LLC - “Caterer”) will enforce the following policies:
Invoice Payment Terms: A 20% nonrefundable deposit is required to secure all event dates. No date will be held without deposit payment. Final timeline, menu choices & guest count is due in writing via email to info@thekitchenandcompany.com 14 days prior to the event. Final payment of remaining balance is due 5 days prior to the event and is nonrefundable at this time. Caterer may terminated this agreement and cancel Client’s event in its sole discretion if Client fails to provide payments as required by this agreement and Caterer shall have no further obligations or liability to Client. Should Client fail to provide payment as required, Client agrees that all payments and deposits previously made will be retained by Caterer and will not be refunded or returned.
Cancellations: In the event of cancellation 15 days or more prior to the function, Caterer is entitled to the previously paid 20% nonrefundable deposit. In the event of cancellation 6-14 days prior to the function, Caterer is entitled to 60% of the total estimated charges for the function and payment is to be made by original payment due date. In the event of cancellation 0-5 days prior to the function, Caterer is entitled to 100% of the total estimated charges for the function and no previously made payments will be refunded.
Rescheduling: Rescheduled events will be allowed only in the event of severe weather and will be handled as follows:
1. In the event of severe weather that should cause the function to need to be rescheduled Client shall notify Caterer 72 hours or more in advance of the function of their intent to reschedule.
The rescheduled event shall be scheduled within 6 months of the original event date. The newly selected date shall be confirmed with Caterer’s availability.
The final payment (due 5 days prior to the event) will be due as scheduled and will be applied toward the new event date. Should the guest count for the new date become less than the original date, the remaining balance shall be issued as a credit to the Client.
2. In the event of severe weather that should cause the function to need to be rescheduled less than 72 hours in advance of the function, the event meal shall still be prepared by the Caterer and can be delivered to the Client at an agreed upon time up to 72 hours after the scheduled function. At this point it is the Client’s discretion for what they would like to do with the meal (pass out to staff/volunteers, donate, etc.).
The final payment (due 5 days prior to the event) will be paid by Client as scheduled.
If the rescheduled event was a Full Service Event, the Client shall be issued a credit in the amount of the estimated event labor to be used at a later date (20% of the total). All other payments are nonrefundable, non transferable and will not be issued as a credit.
If the Client would like to proceed with rescheduling the event for a new date the event will be treated as a new event and no previous payments will be applied toward the new event’s balance.
Insurance & Indemnification: Caterer shall procure and maintain in full force and effect a general liability insurance policy. Client agrees to indemnify and hold harmless Caterer for any damage, theft or loss of Caterer’s property (including without limitation, equipment & motor vehicles) occurring at the event that is caused by guests attending the event.
Menu To Be Served: Caterer reserves the right to make small changes to the menu only if key ingredients are unable to be sourced due to reasons beyond the control of both parties. Client will be notified of such changes 72 hours prior to the event’s start time. Additional menu details shall be outlined in the Invoice received by Client via Square Invoicing. This invoice shall be used as the final order sheet and Client is responsible for ensuring that all items listed on invoice are accurate.
Delivery Fees: Deliveries in Columbia City under $100 will have a $2.50 delivery fee, deliveries in Columbia City over $100 will be free. Delivery outside of Columbia City will be billed at $0.58/mile round trip. Orders over $1000 may be excluded from delivery fees.
Meal & Grazing Box Deliveries: One attempt will be made to deliver items ordered to a specific address. If delivery cannot be completed the order will be returned to The Kitchen & Company. The order will be kept for 12 hours. Client may choose to pick the order up themselves (no delivery refund will be made) or pay for a second delivery within the 12 hour timeframe.
Leftover & “Back Up” Food: For Full Service Events & Grazing Tables, The Kitchen & Company will maintain responsibility for “Back Up” pans of food. The Kitchen & Company will refill buffet line & package leftover food in containers provided by the client. For Drop Off & Pick Up events Client will be solely responsible for “back up” pans of food, clean up and disposal of leftover food and all provided catering items. Client assumes all responsibility and risk for consuming leftover food products. The Kitchen & Company will not be held responsible for illness or death brought on by consuming leftover food.
Right to Refuse Service: The Kitchen & Company may refuse service to clients for any lawful reasons that may include but are not limited to: obscene or dangerous behavior toward employees or other patrons, prior debt, inadequate facilities or not meeting or adhering to the policies outlined above. The Kitchen & Company does not discriminate against Race, National Origin, Religion, Sex, Sexual Orientation, Age, Veteran Status or Disability. The Kitchen & Company reserves the right to not set up or serve food from inadequate facilities. Inadequate facilities include but are not limited to the following: No access to running water, outdoors in extreme weather conditions (Grazing Tables specifically will not be set up outdoors in temperatures above 70 degrees), unsafe terrain, etc. No refunds or credits will be provided in the event a meal cannot be served due to inadequate facilities.
Force Majeure: If Caterer’s performance is prevented, restricted, or interfered with by causes beyond the reasonable control of either party (“Force Majeure”) and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall included, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by nation emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted or caused by such party, or its employees, officers, agents or affiliates.