i.) Catering Works, Inc. (CW) will bill client on any additional items provided that are not specified in this contract after the event, including additional service hours required to properly execute the event. Market pricing may apply to specific special order or commodity food items. Proposal to Contract pricing on food may change based on current market trends. If this applies to your specific menu, your sales representative will inform you prior to event date.
ii.) Patron agrees to: Confirm final guest count 14 days prior to event date. Floral orders must be confirmed 14 days prior to event date. Guest count changes with less than 14 days notice are subject to additional charge. Beer and Wine sold on Consumption basis will be charged on the cost event billing. If the actual labor (service and set up) required to properly execute catered event is more than originally stated in Contract Billing, it will be added to the post event billing. Patron will assume all responsibility for CW equipment, decorations, fixtures or other property supplied by CW at the event which may be lost or damaged due to the conduct of patron or the patrons guests. Patron will remit the full replacement value of the equipment upon presentation of a statement from CW. Patron will be responsible for all guests and actions.
iii.) Delinquent accounts are subject to maximum finance charges allowed by law and other charges including but not limited to interest, costs of collection, court costs and attorney's fees.
iv.) Catering Works will not be responsible for articles of personal property owned by the patron or the patrons guests that are damaged, lost, misplaced or stolen at the event. It is patrons responsibility to protect furnishings and property from potential damage due to a catered event.
v.) Patron cancellation or rescheduling of events for any reason (including, but not limited to weather conditions) shall constitute a material breach of this contract. In the event of such breach occurring from the date of this contract to more than 10 days before the event, Patron agrees to pay CW 50% of total amount of this contract. If event is cancelled within fewer than 10 days, Patron agrees to pay CW 70% of total amount of this contract. If event is cancelled within 3 days of event, then Patron agrees to pay CW 100% of this contract. If client is rescheduling event, CW reserves the right to add additional charges to final bill based on date of event and amount of cost CW incurred. CW reserves the right to offset any deposit received from patron for this event as a partial settlement of the liquidated damaged amount.
vi.) Force Majeure Clause - CW will have no responsibility or liability for failure to comply with any terms or conditions of the contract when prevented from doing so by ordinance or law, fire, unavailability of labor or fuel, accident, earth movement, water damage, power failure, nuclear hazard, war, riot, insurrection, or flood.
vii.) If Patron is a corporation, partnership, trust, unincorporated association, or other legal entity, this contract shall be binding on such legal entity and on the individual executing this contract on it's behalf. The signature of the individual on this contract and/or spouse of said individual shall be bound to honor the terms and conditions on this contract.
viii.) Bloom Works floral division creates custom floral design for events. Bloom types are subject to seasonality and availability. Floral products are sourced locally and globally to ensure superior quality and availability. In the event of supply difficulties, we reserve the right to use like-substitutions of an equivalent value, color and quality to ensure customer satisfaction.
ix.) This contract is to be construed, interpreted and if necessary litigated pursuant to the North Carolina General Statutes and in the Courts of General Justice of Wake County, North Carolina.