ASE Service Contract
ASE Service Contract
PLEASE NOTE: This contract must be signed and/or initialed and returned to Attagirl's Special Events, LLC, along with your $750.00 'secure the date' deposit. This must be done within 72 hours of reaching a verbal agreement of the desired date(s).
TERMS OF AGREEMENT, between Attagirl’s Special Events, LLC, (ASE, LLC) Caterer & __________________________________, Patron
DEFINITIONS: As used herein, the following terms shall have the following meaning: “Event” is the banquet, reception, meeting, or other private function to be held at the Patron’s designated location facility. “Caterer” is Attagirl’s Special Events, LLC (ASE, LLC); “Patron” is the person, corporation, entity, organization, or association contracting with the Caterer for the Event.
RESERVATIONS: An event date will be reserved once a $750.00 NON-REFUNDABLE DEPOSIT has been received. This check must be payable to Deborah B. Threet, (Attagirl’s Special Events, LLC.) Please see *Cancellations* clause below. This deposit will be applied towards your final bill at full value. In the memo portion of the check, Patron must write the date of their Event.
PAYMENTS: A payment of 50% of remaining total invoice balance due, is required and due no later than 14 (fourteen) days prior to the date of the Event. This payment is NON-REFUNDABLE, however, it is applied to the total invoice due balance when event is completed in full. Checks (business or, personal) and Bank-to-Bank Quick Pays are acceptable forms of payment- LOCAL BANKS ONLY) or, Chase Bank 'QUICK PAY' service. NO Cashier's Checks please. At this time, Attagirl’s Special Events is not accepting credit / debit cards as a form of payment for catered events.
Balance of total payment in full for the Event is payable and due on day of at the completion of said Event.
FOOD: All food for the Event that is supplied, prepared and served by the Caterer, are prepared in a commercial facility where peanuts, tree nuts, soy, eggs (and other dairy), fish, shellfish and wheat products are present. Foods may also be prepared onsite at the Patron's chosen/contracted venue.
BEVERAGES: Caterer, at the request of the Patron, may provide TIPS Certified Bartender(s) to serve beverages of an alcoholic nature. All alcoholic beverages ans supplies will be provided by the Patron. ________ ________(Initials of both Caterer & Patron if Bartender is not being supplied by Caterer). ASE, LLC, will not be liable for any damages as a result of Patron's guests and their libations or, alcohol usages..
GUARANTEES: It is required that the Caterer is to be notified of the exact number of guests at least 14 days prior to the Event. If after that time, the guest list decreases and/or fewer guests are served, there will not be a decrease in the food or beverage price from the price quote. The charge will be based on the number given 14 days prior to the Event by the Patron. If the guest list increases after the “14 day guarantee”, every attempt will be made to serve the same menu. However, if time will not allow for the same food or beverage to be prepared, the Caterer will provide a comparable substitute for the additional guests and final Invoice will reflect all additional costs.
TIMING: Under no circumstances will the beginning or ending time of the Event, or time for serving food or beverages, be changed the day of the Event without the prior approval of the Caterer. Caterer MAY OR MAY NOT require access to the Facility prior to the beginning scheduled time of Patron’s event.
CANCELLATIONS: All cancellations must be made in written form and mailed registered mail. If Caterer receives written notice from Patron, informing Caterer that they wish to cancel their Event, Caterer will attempt to re-book the date and time slot of the cancelled Event with a new Patron. If caterer is successful in re-booking the slot, Caterer will refund to Patron, all deposits paid, less any food and beverage purchased for the Event if any, and a $300.00 cancellation fee. If the Event slot can not be re-booked all deposits will be forfeited.
SERVICE CHARGE AND TAX: All events are subject to a 20% service charge. For most events there is a Floor Captain (s) at a rate per man hour and a per man hour rate is required for Catering Staff.. The number of catering staff needed is based on the final guest count. Master Chef(s) are paid a flat rate based on a combination of the number of guest served and the Menu requested. These rates are outlined on your Proposal/Invoice and are included in your overall total In addition, all charges are subject to Colorado State Sales taxes.
EXCUSED NON-PERFORMANCE: If for any reason beyond its control, (including but not limited to: strikes, labor disputes, accidents, government requisitions, restrictions or regulations on travel, weather, commodities or supplies, acts of war, or acts of God), the Caterer is not able to perform its obligations under this agreement, such non-performance is excused and the Caterer may terminate this agreement without further liability of any nature upon return of the deposit to the Patron. The Caterer shall not be liable for any consequential damages for any reason whatsoever.
MISCELLANEOUS: Attagirl’s Special Events, LLC, will not be responsible for any items belonging to Patron, Patron’s agents, invitees, employees, or independent contractors.
Return of Property. At the expiration or termination of this agreement, or at the other party's request, each party shall return all of the other party's property it has in its possession or control.
Arbitration: Any dispute or controversy arising out of this agreement and [SUBJECT MATTER OF THE AGREEMENT] will be settled by arbitration in [COLORADO], according to the rules of the American Arbitration Association then in effect, and by [Two (2)] arbitrators.
Judgment: Judgment may be entered on the arbitrator's award in any court having jurisdiction.
Arbitrator's Authority: The arbitrator will not have the power to award any punitive [or consequential] damages.
Attorney Fees: If either party brings an Action to enforce its rights under this agreement, the prevailing party may recover its expenses (including reasonable attorneys' fees) incurred in connection with the Action and any appeal from the losing party.
Amendment: This agreement can be amended only by a writing signed by both parties.
Governing Law: This agreement, and any dispute arising out of the [SUBJECT MATTER OF THE AGREEMENT], shall be governed by laws of the State of [Colorado, USA].
BASIC EVENT AND PATRON INFORMATION
NAME & MAILING ADDRESS OF PATRON: ____________________________________________________________________________________________________________
Date of Event:__________/__________/____________
Timing of Event: From _________ To_____________am/pm
Number of Guests:____________
Guests (Initial Estimate):_____________
Patron’s Email address:________________________________________
CATERER: ATTAGIRL’S SPECIAL EVENTS, LLC
Date Signed: ________/________ /2017
Date _____________ Date _____________ Date _____________
Check # __________ Check # __________ Check # __________
Amt: _____________ Amt: _____________ Amt: _____________
ATTAGIRL’S SPECIAL EVENTS, LLC, P.O. BOX 350311, WESTMINSTER, CO 80035 ~ (720) 472-8027
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