1. The Client is of the opinion that the Caterer has the necessary, qualifications, experience and abilities to provide services to the Client.
2. The Caterer is agreeable to providing such services to the Client on the terms and conditions set forth in this Agreement.

In Consideration of the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and Caterer (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

As outlined below under Food/Service Requested by Client and detailed in the final Catering Invoice attached to this agreement.

For the above services, Client agrees to pay Caterer the total amount due on the final Catering Invoice.  Unless waived by Caterer, Fifty percent (50%) of the total final Catering Invoice amount is due and demandable at the time of booking or signing of this agreement. Deposits are NON-REFUNDABLE. Such deposit will confirm and guarantee the event date and will be deducted from the total final payment which is due seven days BEFORE the event takes place; unless other prior arrangements have been made in writing from Amanda's Barbeeque.   

**50% Deposit:

Two(2) weeks prior to your event, 50% of your estimated balance will be due; 

**The due date for deposit is .

**Balance:

Fourteen(14) days after receipt of final invoice the balance of your total invoice is due,  your estimated balance will be; $.0 

**Final Details:

Seven(7) days prior to your event, your guest counts and all final details are due. Any changes made after this time are not guaranteed and may result in a service fee being assessed.

**The Final Guest Counts and details are due .

** Any changes in your order or event details, including changes in service hours, will be made to your final invoice which will be forwarded to you no less than seven(7) days after the event date. 

Unless other arrangements have been made or Caterer has agreed to payment terms proposed by the client, final payment will be due and demandable seven (7) days prior to the event date but no later than upon delivery of the contracted goods and/or services. Final Balances not received seven (7) days  upon delivery are subject to a late fee of $50.00 per day in addition to the final balance. Caterer have the right to cancel unpaid invoices due to expired contract of non payment unless notice and/or request has been given in writing from Client. Amanda's BarBeeQue reserves the right to refuse any request(s) due to non payment and all services can become voided.   

The Client will provide own menu or choose from Amanda's Barbeeque Catering Menu. Menu must be confirmed seven (14) days prior to the event date or Client may be subject to additional charges, especially of supplies have already been purchased. 

Due to the fluctuating cost of food items, menu prices are subject to change within fourteen (14) days of the event.  If a drastic change in the menu cost occurs, the Client has two (2) options:

1. Client will pay the additional cost based on the current adjusted price, or
2. Client can substitute other menu item(s) to maintain the agreed upon per person price.

All payments will be made in the forms of credit card or corporate check only.  Amanda's BarBeeQue will only accept cashless payment ONLY . If the method of payment is made by credit card, Caterer passes along transaction fees to the Client and reserves the right to increase the price of the total contracted charges by 3%. All checks may be made payable to "Amanda’s BarBeeQue Catering Services". Check payments are due seven (7) days prior to the event.

There will a 18% service charge for all events/functions which require wait/server staff. 

Seven (7) business days prior to the event, the Amanda's Barbeeque will need to have the final number of guests to be served. This final number will be used to purchase fresh ingredients for our kitchen production, order equipment and appropriately staff for the event.  After this date, the final guest count can only increase but not decrease. Any and all increases in the guest count will be subject to additional costs.   The Client will only be charged for the guaranteed number of guests served.  If there are more guests attending the event than guaranteed guest count, Amanda's Barbeeque reserves the right to charge Client accordingly.

The Caterer will prepare between 5% and 10% overage based on the final guest count provided by the Client.  Part of this overage is to include for the staff/or service providers.  The Client will not be charged for this.

  Amanda's Barbeeque at the request of the Client or the Client may package up all leftovers that are not able to be reused by the Caterer. The Client may take any leftovers provided in disposable aluminum pans. Unless agreed to and provided for in the Catering Invoice, the Client is responsible for providing appropriate containers to package leftovers for guests. In accordance with appropriate state health codes, Amanda's Barbeeque reserves the right to discard any food items where there is a reasonable risk for foodborne illness to occur.

   The Client will be charged for additional staff hours for any time extension beyond the agreed upon time.

     The Caterer will apply the entire balance of your deposits and prepayments (less $100.00) towards another event/venue/time, subject to our availability.  All costs are subject to change. Deposits are NON-REFUNDABLE. 

     Amanda's Barbeeque may provide all or part of the rental items for the event.  The Caterer will/may give you an estimated cost/list of rentals for your event.  You may change/cancel those items at any time, however, certain items may incur restocking and cancellation fees.  If the Caterer is coordinating rentals on behalf of the Client through a rental company, the Client may be required to pay the rental company directly.  This information will be specified in the final Invoice.  Certain rentals may be provided by the Caterer.  Any loss of damage to  ANY of Amanda's Barbeeque equipment and/or rentals will be charged to the Client.

For Weddings:  All prepayments and deposits will be return full if the event is canceled by the Client, the venue or by Act of God, 90 days or more from the event date. If the event is canceled within 89 days of the event date, all prepayments and deposits will be returned less 25% of the deposit amount up to but not exceeding $500.00.  If the event is canceled within 59 days of the event, all deposits and prepayments are forfeited.  

All Other Events:  All prepayments and deposits will be returned in full (less $100.00) if event is canceled by the Client, Venue or act of God up to 30 days prior to the event date. All prepayments and deposits will NOT be returned if the event is canceled by the Client, Venue or by Act of God up to 29 days prior to event date.   Any additional costs may incur by Caterer in the preparation of the event will also be charged to the Client. 

  **Please note, cancellation fees cannot be applied to future events.**

For Weddings:  The Caterer reserves the right to terminate this contract for any reason.  If the Caterer terminates this contract any time up to 30 days prior to the event date, all deposits and prepayments will be returned in full within 10 days.  If the Caterer terminates this contract within 30 days prior to the event date, all deposits and prepayments will be returned in full within 10 days. 

All Other Events:  The Caterer reserves the right to terminate this contract for any reason.  If the Caterer terminates this contract any time up to 7 days prior to the event date, all deposits and prepayments will be returned in full within three (3) to (5) business days.  If the Caterer terminates this contract within 7 days of the event, all deposits and prepayments will be returned in full within two (2) days business days.  

      Amanda's Barbeeque assumes no responsibility for any damage or loss of any merchandise, equipment, furniture, clothing or other valuables prior to, during or after the event.  Damage or loss of any equipment and/or tableware, not at the fault of the Caterer, will be charged to, hereinafter referred to as “the Client”, based on current item pricing. Client understands that all property brought  to the event location (excluding “Amanda’s BarBeeQue And Catering Services”), including, but not limited to, all serving equipment, floral arrangements, skirting and linens, non-floral centerpieces, and all other property belonging to Caterer, shall be removed by the Caterer before caterer leaves event location unless arrangement have been made for next day pickup, whichever is previously agreed upon by both parties.

     Client absolves Caterer from any third party claims, except for actions caused by Caterer and/or the negligent conduct of its employees.  

    Caterer assumes no responsibility for the conduct of guests, members and/or third parties hired to provide services.

    The Caterer will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.  

    Caterer maintains general food liability and automobile insurance at appropriate limits.

    The Client will comply with all the laws of the United States of America and the State of, all municipal ordinances and all lawful orders of police and fire departments, and will not do anything on the premises in violation of any laws ordinances, rules or orders.  If unlawful activities are occurring on the premises and the event is canceled, there will be no refund of any kind from Caterer to Client.  

    Any amendment or modification of this Agreement or any additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing and signed by each Party or an authorized representative of the Clients and Amanda's Barbeeque. 

     It is expressly agreed that the Caterer is acting as an independent contractor and not as an employee in providing the Services under this Agreement. The Caterer and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. 

   The Caterer will indemnify and hold the Customer harmless from any claims against the customer by any other party, arising directly or indirectly out of the provision of the services by Amanda's Barbeeque.          

          It is the intention of the parties to this Agreement that this Agreement and the                  

 performance under this Agreement, and all suits and special proceedings under this                 

 Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of, without regards to the jurisdiction in which any action or special proceeding may be instituted.             

           In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.      

     The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as s waiver of any subsequent breach of the same or other provisions.                

     Should either party fails to provide or breach this Agreement in any way, the offending party will be liable for any damages.  Both parties agree to seek a third-party mediator or arbitrator for any disputes that arise as a result of this Agreement.

29. Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within  days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of  days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

Failure to Perform Services 

In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
2. Attempt to find another competent professional to take its place with the mutual agreement of Client(s);
3. If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Company will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
4. Excuse Client(s) of any further performance and/or payment obligations in this Agreement.

Health & Safety

Client(s) further understand that "Amanda's BarBeeQue" complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the [event/wedding/session] Client(s) and Client(s)’ agents shall not carry weapons or firearms, be exposed to severe illness, or request the "Amanda's BarBeeQue" to do anything illegal or unsafe. Further, "Amanda's BarBeeQue" will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances,  "Amanda's BarBeeQue" reserves the right to end service coverage immediately and/or leave the [event/wedding/session]. "Amanda's BarBeeQue"  shall be entitled to retain all monies paid and Client(s) agree to relieve and hold "Amanda's BarBeeQue"  harmless as a result of incomplete event coverage, or for a lapse in the quality of the work.