THE CONTRACT
The information provided by the catering renter will generate a caterer rental agreement (‘Contract’) for the event described by the online form (‘Event Date’) by and between the signatory as shown under “Client” on the signature page of the caterer rental agreement ‘Contract’ the (‘Client’) and Las Fuentes Catering (‘LFC’), (‘Caterer’).
ARRANGEMENTS
Service is provided by ‘LFC’ 17449 Indian Trail S, Porter , TX. 77365 (‘Caterer’) for the date referenced on the online request form ‘Event Date’. Times for the event will be determined by a secured event date with paid deposit. LFC will provide food service for the requested number of people. The exact number of guests must be provided to ‘LFC’ by the ‘Client’ thirty (30) days prior to the ‘Event Date’.
PROGRAM ARRANGEMENTS AND PRICING
Any organization and/or individual using our Catering agrees to observe the following Terms and Conditions of Las Fuentes Catering.
RATES & SERVICES
Our Catering rates are dependent on number of guest to be served, current food pricing, and location of event and servers needed for the requested event. The rate(s) covers your event hours with all need listed about and referenced in the ‘Timeline’ section in the contract, as well as two (2) hours for wedding setup time, (1) hour setup time for all other events, and one (1) hour for breakdown and service set up removal. Should the Client wish to extend the event beyond the ‘Timeline’, additional time will be at the rate of $500.00 for the first hour and a rate of $250.00 per hour for any additional. This must be added 30 days prior to event.
SET UP TIME AND DELIVERY
Catering Set Up: May begin two (2) hours for weddings and one (1) hour for all other occasions prior to the Event Start Time. If additional time is needed for deliveries and/or set up, there are options:
a. If LFC time slot is available within thirty (30) days prior to your Event Date, then you may add additional hours at the rate of $500 for the first hour and $250.00 per hour for additional hours.
*Any additional time must be scheduled and paid in full at least 48 hours before Event begins.
SERVERS, CHAFERS, WARMER TRAYS, and PLASTIC SERVICE WARE: INCLUDED IN THE CATERING FEE
Chafers and/or Warming Trays my be provided by the client along with Buffet and other tables for food service. Please specify during your booking call.
LFC Staff will be available before, during and after an event as requested and agreed to in the ‘contract.’ LFC overseer may inspect Event settings prior to event to ensure satisfaction.
LINENS
Linens may be included with your Catering Quote. Outside linens are permitted by request only including 3rd party vendors at the Event.
WEDDING REHEARSALS
Catering for rehearsals are available when a venue is provided for LFC and will be scheduled forty-five (45) days prior to the Event Date.
DECORATING
No individual or group may alter, remove, or add anything that may damage any personal property of LFC. This includes, but is not limited to, stapling, taping, nailing, gluing, or attaching by any other means to items and or property of the Caterer. If last minute changes are required, additional charges may be accrued and charged to the Client. Any fines or violations resulting in fines are the ‘Client’s’ responsibility.
BEVERAGE SERVICE
All alcoholic beverages must be served by licensed TABC bartenders. The servers must be in compliance with all applicable laws, rules, ordinances, and statutes. There is no self-service of alcohol allowed and guests are not permitted to bring their own alcohol into the “Event” unless BYOB is approved by LFC. Any unauthorized alcohol will be confiscated and held at a area of the “Event Location” until after the Event. Beer Kegs must be approved by LFC. No alcoholic ‘shots’ will be served. The Client’s guests are not permitted to remove any alcoholic beverages from the “Event”. LFC requires that last call at the bar occurs thirty (30) minutes prior to guests scheduled departure. Client hereby agrees to indemnify, defend and hold harmless LFC and its employees, agents and licenses from any loss, liability, costs or damages arising from the existence and/or consumption of alcoholic beverages at the Event. Bar service to bride and groom must be pre-arranged with LFC.
FOOD SERVICE
LFC is the exclusive caterer for your food, alcohol, and non-alcoholic beverage service. Due to quality control issues and applicable ordinances, regulations, LFC shall neither be liable, nor responsible for any food and/or beverage brought into or taken out of the Event by the Client or any of the Client’s guests or invitees. Due to concerns with food safety, storage and handling, neither Client nor its guests, invitees, or attendees may take food items after the Event. Client herby agrees to indemnify, defend and hold harmless LFC, and its respective employees, agents and licenses from any loss, liability, costs or damages arising from the existence and/or consumption of any food items not supplied by LFC’s caterers.
Food is defined as anything besides an actual cake. For example, “food” would include, without limitation, candy bar, cupcakes, popcorn, and any other types of snacks. If any food items are brought in that are not from LFC’s caterers, prior written consent must be given.
(Client may bring in snacks for bridal powder room and groom and honored guests). The Client is committing to a food and beverage minimum which is referenced on your LFC Catering ‘Event Detail’. You must sign or verbally agree to a contract with an approved booking with LFC. A date will be subject to being released if a “Event” is not approved and a catering quote is not signed, and a deposit is not paid within thirty (30) days of booking the event.
ENTERTAINMENT
The Client may contract with any DJ service or band for entertainment as they choose.
SECURITY
Client(s) may require a local police officer on duty at all functions. This is solely at the discretion and costs of the client for the “Event”.
DEPOSITS
All catering will require a deposit appropriate to event size, service and food value which is equal to 50% (half of event total price) which includes any 3rd party vendors fees. LFC requires 50% (half of the event total price) at the time of booking the Event Catering Agreement, in order to reserve the day of your Event. The 50% (half of the event total price) payment for the Agreement is non-refundable but will be applied toward the ‘Event Total’. The 50% (half of the event total price) will only be refunded to the Client in the event of failure of performance by LFC for any of the reasons listed in the paragraph labeled “Impossibility of Performance” within the Agreement. This applies to any 3rd party vendor(s) and/or catering agreements. Thirty (30) days prior to the ‘Event Date’, LFC requires the remaining 50% of Event charges to be paid in full. Any time overages, damages, lost items, or infractions of the rules will be reviewed, and proper assessments made, and any costs may be charged to the client’s (credit card on file).
PAYMENTS
Acceptable forms of payment shall include cash, check, cashier’s check, Debit, Visa, MasterCard, Discover, and American Express. If any payments are made by credit card, the minimum 3% processing fee will be applied to the Event Total. All remaining balances are due and payable in one installment thirty (30) days prior to the Event. A ‘Catering Quote’ is attached and made a part of the contract which itemizes the final payment due (before any additional services are added). A $100.00 fee will be due for all returned checks. A late fee of 5% of the outstanding balance owed will be due for any payments received after the due date stated above. If the balance remains unpaid fourteen (14) days prior to the Event Date, LFC reserves the right to cancel the Event, the remainder of the fee for the Event will still be due and no fees paid to date would be refundable. Further, if the catering contract payment date deadlines are not met (the 50% due at contract signing and the remaining 50% due 30 days from the event date), then LFC and any catering or approved vendor(s) all reserve the right to cancel the Event. IF LFC DOES NOT EXERCISE ITS RIGHT TO CANCEL THE EVENT, FINAL PAYMENT MUST BE MADE BY EITHER CERTIFIED FUNDS (BANK CHECK), ACH, OR BY CREDIT CARD PAYMENT. NO PERSONAL CHECKS CAN BE ACCEPTED AFTER THE DEADLINE.
WAIVERS AND DISCLAIMERS
WAIVER PROVISION: LFC is responsible only for the catering and setup of the catering service as provided above and ACCEPTS NO RESPONSIBILITY for the service of any food or alcohol served by the Client or any other party at the request of the Client. By signature hereto, the Client does hereby indemnify and hold harmless LFC against any claim or suit filed as a result of the aforementioned service of alcohol or food. The Client furthermore warrants and agrees that any and all alcoholic beverage service will be provided only by properly licensed bartenders and in compliance with all applicable laws. While LFC will do everything in its power to ensure the quality and security of any items at the “Event”, LFC cannot accept responsibility for the damage and/or loss of equipment and supplies while being used at the “Event”. The Client is responsible for any damage caused by event participants to LFC and/or property.
CANCELLATION POLICY
Upon signing an Agreement, LFC will protect the “Event Date” reserved herein to the exclusion of other business opportunities and will hold the Client responsible for the following cancellation assessment if applicable: If Client cancels their Agreement any time within 30 days of the Event Date full payment of the Event Total as outlined in the Agreement is due. No additional fees are assessed. (50% of event total payment is non-refundable). Client and LFC acknowledge and agree that the Event will generate catering revenue for LFC as a primary source. Therefore, in the event Client does not fulfill all of its commitments or cancels in its entirety this Agreement, the parties agree that LFC will suffer damages that will be difficult to determine. The parties agree that the payments contemplated constitute liquidated damages, are a reasonable estimate of LFC’s losses in the event of a cancellation, and do not constitute a penalty of any kind.
PROGRAM ALTERATION CONTINGENCY
The pricing for the Event has been negotiated based on the date, specific event, number of people, and food requirements, as specified in this Agreement. If these details are changed, LFC reserves the right to renegotiate this Agreement (including cancelling). The Client may not transfer this Agreement to a different date, event, or third party.
IMPOSSIBILITY OF PERFORMANCE
The performance of this Agreement by LFC is subject to acts of God, governmental laws, regulations or restrictions, strikes, riots, natural disasters, shortages of labor or materials, war or other emergencies, any of which make it illegal or impossible to perform hereunder. This Agreement may be terminated without liability for any one or more of such reasons by written notice delivered to Client, and in such a case, LFC shall promptly release the Client from all remaining payments required under this Agreement.
ACCESSIBILITY
LFC has made all reasonable efforts to have the Catering comply with the requirements of Title III of the Americans with Disabilities Act and rely on the client’s choice of Venue to make any reasonable effort to remove architectural, structural, and procedural barriers in our existing facility to provide services in an integrated setting for individuals with disabilities.
DISPUTES
The parties will resolve any controversy, claim, or dispute of any kind or description arising out of or relating to this Agreement through binding arbitration before one arbitrator conducted in accordance with the rules of the American Arbitration Association or JAMS in the State and city which event is located. The law of the State in which the event is located will be the governing law. The arbitration award will be enforceable in any state or federal court. In the event of arbitration or litigation arising from or associated with this Agreement or the enforcement of any arbitration award, the parties agree that the prevailing party therein shall recover attorneys’ fees and costs including expert witness and arbitration fees and pre and post judgement interest. In addition, you shall be responsible for payment of attorneys’ fees and interest associated with LFC’s efforts to collect monies owed under the terms of this Agreement.
INDEMNIFICATION
TO THE EXTENT ALLOWED BY APPLICABLE LAW, CLIENT SHALL INDEMNIFY, HOLD HARMLESS, DEFEND (USING COUNSEL REASONABLY APPROVED BY THE ‘CATERER’ TO PAY, AND REIMBURSE Las Fuentes Catering AND ITS AFFILIATES, AND EACH OF ITS AGENTS, OFFICERS, EMPLOYEES, AND CONTRACTORS, FROM, FOR, AND AGAINST ANY AND ALL SUITS, ACTIONS, CLAIMS, COSTS, FEES, SUMS, AMOUNTS, LOSSES, CAUSES OF ACTION, DAMAGE, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES, COURT COSTS, AND ALTERNATIVE DISPUTE RESOLUTION EXPENSES ) CAUSED IN WHOLE OR IN PART OR ARISING DIRECTLY OR INDIRECTLY OUT OF CLIENTS OR ITS AGENTS, EMPLOYEES, GUESTS AND CONTRACTORS ENTERING THE VENUE. SUCH INDEMNITY INCLUDES, WITHOUT LIMITATION, SUITS, ACTIONS, CLAIMS, COSTS, FEES, SUMS, AMOUNTS, LOSSES, CAUSES OF ACTION, DAMAGES, LIABILITIES, AND EXPENSES WHETHER ARISING WHOLLY OR IN PART FROM THE NEGLIGENCE OR STRICT LIABILITY OF Las Fuentes Catering, ITS AGENTS, EMPLOYEES, OR CONTRACTORS. THE INDEMNIFICATION OBLIGATIONS OF CLIENT SHALL SURVIVE THE OCCURRENCE OF ANY EVENT BY CLIENT AT THE VENUE AND/OR THE TERMINATION OR EXPIRATION OF THIS CONTRACT.
DISORDERLY CONDUCT
All guests and invitees of Client are expected to conduct themselves in a civilized manner. Any guests or invitees of Client acting disorderly, in the sole opinion of LFC and its agents, will be identified and notify the client’s responsible person for the Event without liability to LFC.
PERSONAL PROPERTY
LFC is not responsible for any lost, left, or stolen property. Client is responsible for collecting all property that it wishes to keep before leaving the Event; any property left behind may be properly disposed by LFC.
ASSIGNMENT
Client may not assign its interest, rights, or duties under this Agreement to any other person or entity without LFC’s prior approval, which may be withheld in its sole discretion. Las Fuentes Catering may freely assign any or all of its interest, rights, or duties under this Agreement without the consent or approval of Client.
NOTICE
Notices and demands shall be given in writing and sent by certified mail or by nationally recognized overnight courier service, addressed to LFC and to Client at the addresses set forth herein above or at the addresses which were last specified by notice by LFC or Client. Notices or demands shall be deemed to have been given, made or communicated on the date they were deposited in the United States mail as certified matter, with postage fully prepaid or deposited with the nationally recognized overnight courier service.
TIME OF THE ESSENCE
Time is of the essence with respect to all terms and conditions set forth in this Agreement.
APPLICABLE LAW
CLIENT IRREVOCABLY (i) SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS HAVING JURISDICTION IN THE CITY OF PORTER, COUNTY OF MONTGOMERY AND STATE OF TEXAS, AND (ii) WAIVES ANY OBJECTION WHICH IT MAY HAVE AT ANY TIME TO THE LAYING OF VENUE OF ANY PROCEEDING BROUGHT IN ANY SUCH COURT, WAIVES ANY CLAIM THAT ANY PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT FORUM AND FURTHER WAIVES THE RIGHT TO OBJECT, WITH RESPECT TO SUCH PROCEEDING, THAT SUCH COURT DOES NOT HAVE JURISDICTION OVER SUCH PARTY.
WAIVER
If either party agrees to waive its right to enforce any term of the Agreement, it does not waive its right to enforce any other terms of the Agreement.
ENTIRE AGREEMENT
The Agreement, with addenda and exhibits attached (if any), constitutes the entire agreement between the parties and may not be amended or changed unless done so in writing signed by LFC and Client.
COMPLIANCE WITH LAWS
Client and LFC agree to comply with all applicable federal, state, and local laws including any rules, regulations, or requests of the U.S. Department of Homeland Security.
AUTHORITY; LIABILITY
LFC and Client are authorized to enter into the Agreement and the signers are authorized to execute the Agreement on their behalf. The individual(s) signing on behalf of Client hereby agree to be jointly and severally liable for the obligations of Client hereunder. The parties hereby agree that neither party shall be liable for any punitive or special damages.
CONFLICTING TERMS
In the event there is any discrepancy or conflict with respect to the terms of the Special Contract Notes section and the terms of the remainder of this Contract, the terms of the Special Contract Notes section shall control.
ADDITIONAL DOCUMENTATION
Each of the following items is incorporated herein and made a part of this Agreement by reference below:
1. Event Catering Quote-Invoice
2. Event Catering Agreement Contract (when applicable)
