Terms of Service

Last Modified: December 18, 2024

ALL CLIENTS OF DISH FOOD & EVENTS LLC (CATERER) AGREE TO THE FOLLOWING TERMS OF SERVICE

Introduction

These terms of service apply to any professional work that you request and receive from Dish Food & Events LLC (“Caterer”) and create a contract between you and Caterer that governs the parameters of such professional work (the “Agreement”). Please read the Agreement carefully.

Drop-off Catering (Dish Food To Go Menu)

Final Guest Count; Menu; Payment

You must finalize your order and submit all changes to Caterer at least three (3) business days prior to the event. For the purpose of this Agreement, business days and hours are Monday-Friday, 9 am to 5pm. For inquiries or changes submitted after 5pm, Caterer will respond the following business day. If you have a last-minute request, Caterer will do its best to accommodate you without guaranteeing that Caterer will fulfill your request.

For all Dish Food To Go orders, we require payment in full when placing orders. We gladly accept all major credit cards, wire transfer or e-check; if you wish to pay via credit card, please note that Caterer will add a three percent (3%) credit card fee. A la carte and per person package pricing requires a minimum of twelve (12) people. All orders require a food and beverage minimum order of One Thousand Dollars ($1,000) except on Sunday, which requires One Thousand Five Hundred Dollars ($1,500), and in the Hamptons or the Hudson Valley, which requires Two Thousand Five Hundred Dollars ($2,500). All gratuities included in your estimate or bill are suggested and at The Client’s discretion.

Gratuities

The Client has the freedom to determine the amount of the gratuity without restriction and is not dictated by Dish’s policies. The Client retains the right to decide which staff members on our team receive tips if they choose to do so.

Cancellation Policy

If you wish to cancel your Dish Food To Go order, then Caterer must receive your cancellation notice at least three (3) business days in advance of the event date. Caterer will charge you the full amount of your order if Caterer receives less than three (3) business days’ notice of your desire to cancel your order, including, without limitation, in the event of inclement weather.

Dish Food To-Go; Full-Service Events

Final Guest Count; Menu

You shall send in writing to Caterer a final guest count (the “Final Guest Count”), specifying number of children, at least twenty-one (21) days prior to the Event Date; Caterer charges Forty-Five Dollars ($45) per child or vendor meal. You acknowledge and agree that the total fee shall be dependent in part on the Final Guest Count. If the actual number of your guests in attendance at the event is greater than the Final Guest Count, then Client shall be charged, for each additional guest, an additional fee at a rate to be determined. If the actual number of guests in attendance at the event is less than the Final Guest Count, then you understand and acknowledge that no credits, transfers of funds, or refunds will be issued to you.

Payment; Gratuities

We require payment in full one (1) day prior to the Event Date. We gladly accept all major credit cards, wire transfer or e-check; if you wish to pay via credit card, please note that Caterer will add a three percent (3%) credit card fee. The Client has the freedom to determine the amount of the gratuity without restriction and is not dictated by Dish’s policies. The Client retains the right to decide which staff members on our team receive tips if they choose to do so.

Cancellation Policy

If the client cancels the event, then the following amounts, if any, shall be due to the client:
(1) If canceled, or rescheduled for a time that precludes Caterer’s performance, more than one hundred eighty (180) days prior to the scheduled event date, then Caterer shall reimburse fifty percent (50%) of the initial deposit;
(2) If canceled, or rescheduled for a time that precludes Caterer’s performance, more than ninety (90) days, but less than one hundred eighty (180) days, prior to the scheduled event date, then Caterer shall reimburse twenty-five percent (25%) percent of the initial deposit; and
(3) If canceled, or rescheduled for a time that precludes Caterer’s performance, less than ninety (90) days prior to the scheduled event date, then Caterer shall retain all of the initial deposit.

Tastings

Caterer offers tastings for events that have a subtotal that exceeds $10,000 and, for private tastings, we charge $100 per guest for up to 4 guests; Caterer looks forward to sharing a taste of our seasonal and creative cuisine with you!

Dietary Restrictions & Allergies

You shall inform Caterer of any known allergies for which special menu modifications may be required and, in certain cases, such modifications could result in additional charges. While Caterer strives to avoid known allergens, Caterer cannot completely guarantee that trace amounts of such allergens might yet still be present in the food served. You and your guests with known severe food allergies are encouraged to take caution when consuming items at a catered event, and should direct any questions about allergens in the food to the on-site Chef or Event Director at the time of service. You and your guests assume all risks related to any third-party food items; delivery and removal of such items to and from the Event Location is the sole responsibility of the Client unless specified in advance. Caterer hereby disclaims all liability in connection with any food allergies or dietary restrictions in connection with the event.

Pricing & Substitutions

If the average market price of food or beverage materially increases or becomes unavailable following the date of the proposal, then Caterer reserves the right to increase costs or make a cost-effective substitution and will make reasonable attempts to notify you of any substitutions or increases.

Leftovers

Any food, beverage, or supplies that Caterer transports to the event location that your guests do not ultimately consume shall remain the property of Caterer and Caterer may retain such items, as dictated by Federal, state and local health codes, for the safety of you and your guests. Caterer shall not be held liable for any food safety risk incurred from consuming leftover food.

Bar & Beverage Service

Caterer offers specific brands of alcohol for an additional charge. All beverages that Caterer provides shall remain the property of Caterer at the end of your event. Caterer reserves the right to make substitutions of similar brands.

You understand and acknowledge that each of you guests must be twenty-one (21) years of age or older in order to consume alcohol at the event. Client agrees to furnish Caterer with a list of your guests who are under twenty-one (21) years of age, if any, and, if in doubt, Caterer and its authorized personnel may request that a guest present valid identification upon ordering any alcoholic beverage. Caterer shall reserve the absolute right to refuse alcohol to any guest who, or whom Caterer has reason to believe, is under the age of twenty-one (21), and to any guest who is visibly intoxicated.

Overtime Charges

If you desire to extend the duration of the Event, then you may request that Caterer grant such extension, subject to Caterer’s acceptance in its sole discretion and will require a signed change order (“Overtime”). If Caterer accepts an Overtime request, then you shall be billed in half hour increments and each additional hour will be charged to you at the bar rate of Five Dollars ($5) per person, per hour and staff rate of Fifty Dollars ($50) per staff employee, per half hour. Caterer cannot guarantee all bar products will be available in the event of Overtime.

Dish staff dress in sleek all black uniforms with black pants, black button-down shirts and a black tie. Alternate staff uniforms are available upon request for an additional charge.

A staffing surcharge applies to events on: New Years Eve; New Years Day; Martin Luther King Jr. day; Memorial Day; Juneteenth; Independence Day; Labor Day; Thanksgiving Day; Day After Thanksgiving; Christmas Eve; and Christmas Day.

Safe Working Environment

All staff are entitled to a safe working environment; if you or your guests engage in any illegal action or behavior or verbally or physically abuse or threaten any staff member, then Caterer reserves the right to remove any affected staff member from such environment, in Caterer’s sole discretion. Such removal will not constitute breach of this Agreement and Caterer shall not incur any monetary obligations or damages in connection with such removal. You agree to ensure that your guests comply with all of Caterer’s rules. Caterer reserves the right to request that any of your guests who acts unruly or who does not comply with Caterer’s rules leave the venue listed in the proposal (the “Venue”) immediately.

Insurance & Licensing

If the Event requires a special license or permit, you will be solely responsible for obtaining such license or permit. Caterer will obtain and maintain all insurance policies and business licenses necessary to perform the services, which policies and licenses are available on request.

License to Use Event Media

You hereby grant Caterer an irrevocable, royalty-free, non-transferable, non-sublicensable right to use, throughout the world, images, photos and videos captured during the event for promotional materials including, without limitation, on Caterer’s website and social media.

Venue Requirements

Caterer will strive to adhere to the rules and requirements of the Venue. In the event that services that you requested conflict with any rules of operation or stipulations in effect at the Venue with which you contract to host the event, then the Venue’s rules or stipulations shall prevail.

Liability

In no event shall Caterer be held liable for any damage to the event location or any rental equipment, goods or personal property that your guests cause while attending the event.

Indemnification

To the fullest extent permitted by law, you shall indemnify, defend and hold harmless Caterer and each of its parents, subsidiaries, affiliates, members, managers, shareholders, officers, directors, principals, agents, and representatives (each, an “Indemnified Person”) from and against any and all liability, claim, loss, damage or expense, including, but not limited to, reasonable attorneys’ fees sustained by or asserted against an Indemnified Person if such liability, claim, loss, damage or expense proximately results from or arises out of: (i) the gross negligence or willful misconduct of you or your contractors, licensees, agents, servants, or employees, or a vendor in connection with Event; (ii) your material breach of this Agreement; or (iii) any violations by you of applicable laws during the course of performing (or failing to perform, as applicable) an obligation on your part to be performed hereunder.

Additional Services

You shall be solely responsible for cost of services other than as provided for herein (i.e., special deliveries, florists, rentals, garbage removal, etc.). Caterer will endeavor to provide everything called for in your proposal; however, if you request any additions, then you agree to pay accordingly.

Party Rentals

Caterer will confirm your party rental needs and costs with you prior to your event. You acknowledge and agree that your event may require additional rentals depending upon the event location and delivery timing.

Force Majeure

Caterer shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Caterer, whether foreseeable or unforeseeable (each, a “Force Majeure Event”), including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, orders, or decrees, war, invasion or hostilities (whether war is declared or not), epidemic or pandemic (including without limitation, COVID-19), terrorist threats, or acts, riots, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes, or other labor disputes, local, state, or national public health conditions, or restraints or delays affecting Caterer’s ability to obtain supplies of adequate or suitable materials, telecommunication breakdown, failure of oil or other fuel supply, water, gas, electricity, heat, air conditioning, power outage or failure of any other facility. For purposes of this Agreement, the determination of a Force Majeure Event shall be in the sole and reasonable discretion of Caterer.

Governing Law

This Agreement and the rights of the Parties hereunder shall be governed by and construed and enforced in accordance with its express terms and otherwise in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

Superseding Agreement

A signed event agreement between you and Caterer will supersede and replace the terms of this Agreement.