1. In order to reserve the date of the event, client must deliver a signed copy of this agreement to the caterer along with a deposit or payment as follows:
a) if the agreement is delivered to caterer more then seven (7) days prior to the event, client shall deliver to the caterer, along with the agreement, a deposit equal to 50% of the invoice amount. The balance is due and payable no later than the 7th day prior to the event.
(b) if the signed agreement is delivered to the caterer seven (7) or fewer days prior to the event, client shall pay the entire invoice amount when the signed agreement is returned, plus (+) a surcharge equal to 30% of the invoice amount (the invoice amount plus such surcharge being hereinafter referred to as the "adjusted invoice amount").
2. At least seven (7) days prior to the event, client agrees to inform the caterer of the number of people expected to attend the event and to pay for the amount confirmed or the actual number of people in attendance, whichever is greater. If the actual number in attendance is greater than the amount confirmed, caterer cannot guarantee that adequate food will be available for all people in attendance. If the actual number in attendance is more than 20% less than the number confirmed, caterer reserves the right to increase the price per person.
3.If client fails to pay any payment when due prior to the date of the event, this agreement may be canceled or rejected by the caterer. Client agrees that the caterer shall not then be obligated to provide services under this agreement. In such case, or if the client for any reason whatsoever cancels this agreement, client acknowledges that it would be impossible to fix the actual damages resulting from such cancellation and agrees that the caterer may retain 50% of the deposit (if this agreement was delivered to the caterer more than seven (7) days prior to the event OR 25% of the Adjusted Invoice Amount (if this agreement was delivered to the caterer seven (7) or fewer days prior to the event). In either case, such amount will be paid as liquidated damages and not as a penalty and represents a reasonable estimation of fair compensation to caterer for damages incurred as a result of such failure to pay or cancellation by client.
4.Client agrees to indemnify and hold harmless caterer for any damages, theft or loss of caterer's property (including, without limitation, equipment, plates, utensils, and motor vehicles) occurring at the event that is caused by anyone attending the event.
5.Caterer and client agree that caterer is not responsible for inability to provide food or other services due to inclement weather or Acts of God, including, without limitation, fire or earthquake.
6.In the event attorney's fees or other costs are incurred to secure performance of any of the obligations in this agreement, to obtain damages for breach of this agreement, or to obtain any other appropriate relief, whether by way of prosecution or defense, the prevailing party shall be entitled to recover from the losing party reasonable attorney's fees and costs incurred. This agreement contains all the terms and conditions agreed upon by the parties hereto with reference to this event, and no other agreements not specifically referred to in this agreement, oral or otherwise, shall be deemed to exist or bind either of the parties.
7.The event must be at least four (4) hours in duration.