WEDDING TERMS AND CONDITIONS
The following terms and conditions have been established to assist you in arranging your full service Event. If you have any additional questions or do not understand the following terms and conditions please contact us.
Event Confirmation & Date Reservation Fee
All events are on a first-come first-serve basis and dates will not be held. All Contracts shall become effective as of the date of the last signature of the parties (“Effective Date”) provided Client has successfully paid the first payment of the Fee. The Client acknowledges that all fee payments will be considered a Date Reservation Fee (“Reservation Fee”) and shall be considered fully earned as of the date of the payment and is non-refundable for any reason. On the Effective Date, Caterer shall reserve the Event Date and not make any other reservations or accept any other clients for said Event Date that would conflict with Client’s Event.
Billing arrangements for all events must be made in accordance with the terms and conditions outlined in the Catering Contract.
The remaining outstanding balance (the “Balance”) is due no less than thirty (30) days prior to the Event and will be adjusted based upon the final guest and vendor count.
Method of Payment
We accept cash, check, electronic bank transfer, debit and credit cards. Caterer shall honor the 5% discount used to calculate the proposal price and the above referenced Fee if all payments are made by cash, check or electronic bank transfer. If Client submits payment via check it shall be made payable to Rogue Catering and Event Production, 5 Lombard St., Schenectady, NY 12304. If any payment via-check or electronic bank transfer bounces or is otherwise electronically reversed, Client shall be responsible for a $30.00 fee that will be added to the final invoice. In the event Client wishes to remit payment via credit card or debit card, the Client shall immediately notify Caterer so that Caterer can remove the 5% discount and recalculate the Fee.
Cancellation of Agreement by Client/Liquidated Damages
Client acknowledges that Caterer has foregone other opportunities so that Caterer can perform services on the date of Client’s Event and if Client cancels this Agreement for any reason the damages sustained by Caterer as a result of the cancellation are impossible to ascertain. Therefore, if the Client cancels the services to be provided by Caterer for any reason, Caterer shall retain the Reservation Fee and any additional payments which Caterer deems to be liquidated damages to compensate Caterer for lost revenue (not a penalty). The caterer may seek to recover the total outstanding balance in accordance with the terms below.
The Client acknowledges that the Minimum relates to the final adult guest count and cannot be decreased nor can it be applied to children or vendor meals. The Client further acknowledges that the staffing for the Event has been calculated based upon the guaranteed Minimum and should the guest count increase by more than 5% Caterer reserves the right to increase staff to accommodate the additional guests. The Client may increase the final guest count with 30 days notice. In the event, the final guest count for the event increases within 30 days of the event, the Client shall be responsible to provide payment via cash or certified check for the additional outstanding balance upon Caterer’s arrival at the Event.
Vendor Meals and Beverages
It is recommended that you provide food and non-alcoholic beverages for all vendor personnel who will be at the Event. We offer a professional courtesy price of $40 (plus associated fees and tax) per vendor personnel, unless other arrangements have been made with the Caterer. It shall be the responsibility of the Client to provide the total number of vendor personnel meals needed for the Event no later than 30 days prior to the event.
Fee for Children
Children five or younger are free; Children six to twelve are $30; Children thirteen to twenty are full price with credit for the bar. It shall be the responsibility of the Client to provide the total number of children no later than 30 days prior to the Event.
Food Allergies & Dietary Restrictions
Client agrees to notify guests that the food truck contains traces of common allergens such as nuts, shellfish, wheat and gluten. Client has been advised to inquire with all guests about food allergies and dietary restrictions. Client has a duty to report the total number of guests (their name and table assignments) with food allergies or dietary restrictions no later than 30 days prior to the Event. Caterer shall provide reasonable menu substitutions directly to the reported guests. Client acknowledges that if a guest has a serious food allergy Caterer reserves the right to remove ingredients and/or food items from the menu as a safety precaution. Client acknowledges that all menu items are prepared in the food truck and therefore Caterer cannot guarantee allergen-free food items and assumes no responsibility for any adverse reactions of guests as a result of food allergies.
Menu will be fixed and any changes must be made in writing no less than 90 days prior to the event. Client acknowledges that said modifications may result in a price increase, but it shall never result in a price decrease. All menu modifications shall be confirmed by an Addendum to this Agreement, which shall be signed by both parties. In the event parties do not sign an Addendum, the Menu shall not be modified and Caterer shall provide the original Menu as set forth above. Any modifications made less than 90 days prior to the event shall incur a mandatory expedited processing fee of $500. Caterer shall provide generous portions for the Event as calculated pursuant to industry standards. Client understands that when selecting a plated style main course each guest will receive the same or similar size portions. Client understands that when selecting family style, buffet, stations or a tapas service main course each guest will select their desired portion size and therefore Client acknowledges that Caterer cannot guarantee availability of a specific menu items served during the main course.
Furniture Setup & Breakdown
The Staff listed in this Agreement are not permitted to setup or breakdown tables, chairs and/or other furniture due to liability concerns, however we do offer this service through Rogue Event Staffing, Inc. Please contact your Catering Event Manager to discuss any additional staffing needs for the Event. If other arrangements are not made with Rogue Event Staffing, Inc. it shall remain the responsibility of the Client, Facility, Wedding Planner or Rental Company to set up all tables, chairs and/or other furniture prior to our arrival and to breakdown all tables, chairs and/or other furniture after our departure.
Relocation of Ceremony Chairs
This Agreement does not include adequate staff to relocate ceremony chairs in addition to providing attentive service to Client’s guests, however we do offer this service through Rogue Event Staffing, Inc. Please contact your Catering Event Manager to discuss any additional staffing needs for the Event. If other arrangements are not made with Rogue Event Staffing, Inc. it shall remain the responsibility of the Client, Facility or Wedding Planner to relocate ceremony chairs.
It shall be the responsibility of the Client to submit the floor plan to Caterer 90 days prior to the Event. The floor plan must clearly illustrate guest tables, food display tables, bar location, exits and bathrooms.
Disposable glassware, cutlery and dishware are available for an additional charge of $2.00 per person. Eco-Friendly disposable dishware made from bamboo, palm and/or balsa are available for an additional charge of $4.00 per person. All disposable items will be self-serve and displayed on the appropriate table at the Event unless other arrangements are made with Caterer.
Rentals & Rental Coordination
This Agreement does not include platters, china, flatware, glassware, stemware, chafers, etc. however your Catering Event Manager will coordinate all rentals needed for the Event.
Third Party Rentals
In the event Rogue does not coordinate rentals and Client rents platters, china, flatware, glassware, silverware, etc., Caterer shall be consulted to verify size and quantity. It shall be the responsibility of the Client or event planner to submit the third party rental invoice to Caterer 90 days prior to the Event. Third party rental invoices submitted less than 90 days prior to the event the invoice will be modified to include a mandatory expedited processing fee of $500.
Third Party Place Setting
In the event the Caterer does not coordinate rentals, the Client shall incur a place setting fee in the amount of $3 per guest. The place setting fee includes setup of rented table linens, rented flatware, rented dishware, rented stemware and placement of floral arrangements. Please note we do not charge an additional Place Setting fee for rentals coordinated by your Catering Event Manager.
Additional Design Items
This Agreement does not include setup of additional design items at the Event (i.e. name cards), however we do offer this service. Please contact your Catering Event Manager to discuss a personalized quote for your event.
Liquor Service Provided by Caterer
If Caterer provides the alcoholic beverage service for your function, a $100.00 temporary liquor license permit fee will be charged to your final invoice. For all events where liquor is served we reserve the right to request identification and/or refuse service to a guest and we reserve the right to close the bar due to patron interactions. Client acknowledges that the Staffing reflected above includes bar staff for one bar setup at the Event, should the Client request a second bar setup for cocktail hour additional bar staff will be added to the final invoice. It shall be the responsibility of the Client to submit, within 90 days, the Landlord Authorization Form, Diagram of Venue (including exits, bathrooms and bar locations) and Event timeline (See Attachment A). These documents are required to apply for a temporary beer and wine license and must be submitted to Caterer no later than 90 days prior to the Event. In the event the landlord refuses to sign the Landlord Authorization Form, Caterer shall be relieved of the responsibility to provide alcoholic beverages at the Event but Client shall remain responsible for the Total Cost (“Fee”) as reflected above in this Agreement.
Liquor Service Provided by Third Party
If Caterer is providing food only and NO alcoholic beverage service, Caterer shall not be liable for the alcohol at the Event and will hold no liability for any damages to property on or off the venue premises, personal injury to a guest or personal injuries caused by a guest. Client understands that under New York State Law if Caterer does not provide the bar service, the Caterer’s staff may not pour, serve or handle alcohol directly or indirectly at the Event.
If the Client is supplying alcohol for the Event, Client acknowledges that they must hire bartenders through Rogue Event Staffing, Inc. to serve all beverages at the Event. Client shall be solely responsible for obtaining Liquor Liability Insurance (minimum $1,000,000.00) and General Liability Insurance (minimum $2,000,000.00) naming (1) Rogue Catering & Event Planning, Inc., its officers, employees and subcontractors and (2) Rogue Event Staffing, Inc., its officers, employees and subcontractors as additionally insured no later than 90 days prior to the Event. In the event Client fails to provide the required insurance 90 days prior to the Event, through no fault of their own, either (a) the Client shall not serve alcohol at the Event or (b) this Agreement shall be terminated immediately and Caterer shall be relieved of their duties under this Agreement and there will be no refund of any kind from Caterer to Client.
If Client has contracted a third party alcohol purveyor, Client acknowledges that the alcohol purveyor is responsible for the setup, service and cleanup of all beverage related items including used glassware during the cocktail hour and reception. Therefore, it is recommended the alcohol purveyor bring the appropriate amount of staff to the Event, including bartenders, bar backs and floor staff. Client shall notify the alcoholic beverage purveyor that their staff shall be responsible for serving all guests in a timely fashion while simultaneously keeping the reception area and breakdown area free from all used beverage related items. The Client must also provide proof of the purveyors Liquor Liability Insurance (minimum $1,000,000.00) and General Liability Insurance (minimum $2,000,000.00) no later than 90 days prior to the event. The Client must also supply Caterer with a copy of the alcohol purveyors New York State Off-Premise Liquor License for the Event, clearly displaying the date and street address of the Event no later than 30 days prior to the Event. It shall be the sole responsibility of the Client to provide all permit and insurance requirements listed above. In the event Client fails to provide the required documents through no fault of their own, either (a) the Client shall not serve alcohol at the Event or (b) this Agreement shall be terminated immediately and Caterer shall be relieved of their duties under this Agreement and there will be no refund of any kind from Caterer to Client.
If Caterer is providing food and alcoholic beverage service, Caterer shall provide staffing for a total of eight hours plus travel (1 hour of cocktail service, unless otherwise negotiated, 4 hours of reception service and 3 hours of setup and cleanup service). Client understands that if the Event is scheduled for more than 5 consecutive hours the Client will incur staff overtime. Overtime is billed at the rate of 1.5% of each staff members hourly rate. No overtime will be incurred if the Event begins at the time reflected in the timeline and ends after 5 consecutive hours. For the safety of our staff, we request that all events located more than sixty (60) miles from our commissary conclude by 10:00PM to assure our staff can travel home safely. We reserve the right to increase staffing if the actual guest count is 5% higher than the Minimum reflected above or if the venue layout is such that extra staff is needed to guarantee a seamless Event.
Culinary Staff and Event Chef
Client acknowledges that the Executive Chef cannot attend every event and therefore the Executive Chef will assign an Event Chef of his/her choosing from the culinary team to execute the Event Menu.
Catering Event Manager
Client acknowledges that this Agreement includes two complimentary hours with one of our in-house Catering Event Managers. The Catering Event Manager is available to assist Client with rental coordination, timelines, diagrams and the like. In the event Client utilizes the services of the Catering Event Manager beyond two hours prior to the Event, the Client acknowledges that the final invoice will be modified to include the additional time at a rate of $45 per hour. Our Catering Event Managers are available to attend the Event at the rate reflected above.
We require each event to have a professional wedding planner or wedding coordinator on the day of the Event. It shall be the responsibility of the Client to submit contact information for their wedding planner/coordinator 90 days prior to the Event. If Client fails to hire a wedding planner/coordinator 90 days prior to the Event, Caterer will assign a member of its Event Management team to attend the Event and the Client acknowledges that the invoice will be modified to include the additional time at a rate of $45 per hour. Please note once this fee has been added to the invoice it cannot be removed.
Photography and/or Videography
Clients Right to Take Photographs and/or Videos:
Caterer hereby grants to Client, its employees, representatives and the like the absolute and irrevocable right to take photographs and/or video recordings of Caterer at the Event to the extent it does not interfere with Caterer’s obligations.
Client Permission to Use Photographs and/or Video:
Caterer consents to and authorizes Client and their representatives to use and reproduce their photograph and/or video in all forms, media, and manners without restriction as to changes or alterations unless restricted by copyright law. The Caterer also gives permission and shall allow Client and their representatives to use any photographs of the full events of their event day for marketing and advertising purposes as described below.
Third Party use of Photographs:
Client agrees that if photos and/or videos from the Event are used by Client, Client’s photographer, videographer or another professional in any form of media for promotions, displays, social media, blogs, advertisements, internet, publications, etc., Client shall be responsible for taking reasonable steps to ensure that Rogue Catering & Event Production is “tagged” and/or given appropriate catering credit. Client shall notify Caterer of said use within fourteen (14) days so that Caterer can perform cross-promotion. In the event, Client has no knowledge of said use than Client shall be absolved from the aforementioned photo credit and notice requirements.
Caterer Permission to Take Photographs and/or Video Recordings:
Client hereby grants to Caterer, its employees, representatives and the like the absolute and irrevocable right to take photographs and video recordings at the Event of food prepared by Caterer, food displays, catering staff, kitchen staff and other activities to the extent it does not interfere with Client’s Photographer and/or Videographer. Client agrees to execute a Photography/Videography Release no less than 90 days prior to the event.
Caterer Permission to Obtain Photographs and/or Video Recordings:
Client hereby authorizes the Photographer and/or Videographer listed in the Client Photography Release to share Client’s photo and/or video gallery with Caterer and provide Caterer with electronic high resolution images and/or video at the convenience of the Photographer and/or Videographer. Client agrees to execute a Photography/Videography Release no less than 90 days prior to the event.
Caterer Permission to Use Photographs and/or Video:
Client hereby grants to Caterer, its employees, representatives and the like the absolute and irrevocable right to use and reproduce their photograph and/or video in all forms, media, and manners without restriction as to changes or alterations unless restricted by copyright law. Client waives the right to inspect or approve the photographs and/or video that may be used in conjunction with them now or in the future, whether that use is made known to the Client or not, and waives the right to royalties or other compensation arising from or related to the use of said photographs and/or video. Caterer shall be authorized to use the photographs and/or video with or without Client’s first names taken by Caterer, its employees, representatives and the like as well as photographs provided by the Photographer (with credit) and video provided by the Videographer (with credit) in our marketing, promotional and public relations efforts. This includes, but is not limited to, our website, Facebook, Twitter, Instagram, Pinterest, submission to online blogs, submissions to print magazines, etc. for the purpose of advertising and marketing Caterer’s services. Client agrees to execute a Photography/Videography Release no less than 90 days prior to the event.
Failure to Execute Photographer and/or Videographer Release:
In the event Client refuses to execute the Photographer and/or Videographer Release, Client will be subject to the Alternative Advertising Fee below.
Alternative Advertising Fee
Photos are the primary method by which Caterer obtains business. Without these photos, Caterer shall be forced to find an alternative advertising method to gain other business. If Client does NOT agree to allow Caterer to use photos of their event day, Caterer reserves the right to assess an alternative advertising fee of $1,000 (minimum). The fee is assessed to help offset the costs incurred by these alternative advertising methods. If assessed, this fee is non-refundable unless the client agrees in writing to allow photos of the clients’ Event to be used as described above.
We reserve the right to charge for missing or damaged equipment and/or supplies attributed to individuals attending the Event. Final bill for any damaged or missing equipment and/or supplies will be sent to the Client within fourteen (14) days after the Event. Payment is due upon receipt and in the event Client fails to make payment Client shall be in breach of this Agreement.
Unused Food & Beverage
Any leftover food or beverage must be discarded or returned to our commissary as required by the New York State Department of Health and or the New York State Liquor Authority.
All Menu prices are subject to change within 14 days of the Event if the market price changes drastically. Upon said circumstances, the Client will be contacted immediately and given the following options (1) a new menu price based upon the current market price or (2) substituted Menu items to maintain the agreed upon Fee.
All applicable government taxes will be imposed and paid by the Client. If the Client’s organization is tax exempt, the Caterer must receive a certificate reflecting the Client’s exemption status in conjunction with this Agreement. If the Caterer does not receive a tax-exempt certificate with this Agreement, the Client agrees to pay all taxes associated with the Event.
Third Party Cakes
In the event Client provides a cake from a third party, Client agrees to consult caterer on the size and/or quantity to assure the appropriate amount of servings. If the Caterer is providing dessert items in the Agreement then the Caterer does not charge an additional fee to serve Client’s cake from a third party. If the Caterer is not providing dessert items in the Agreement then the Caterer does charge an additional fee of $2 per person to serve Client’s cake from a third party. Client shall be responsible for providing the cake knife, cake server, plates, napkins and flatware unless other arrangements are made with the Caterer. Due to food safety issues, the Client or Facility shall provide adequate refrigeration for all third party cakes and/or desserts.
Third Party Desserts
In the event Client provides desserts from a third party, Client agrees to consult caterer on the size and/or quantity to assure the appropriate amount of servings. If the Caterer is providing dessert items in the Agreement then the Caterer does not charge an additional fee to serve Client’s desserts from a third party. If the Caterer is not providing dessert items in the Agreement then the Caterer does charge an additional fee of $4 per person to serve Client’s desserts from a third party. Client shall be responsible for providing display platters, plates, napkins and flatware unless other arrangements are made with the Caterer. Due to food safety issues, the Client or Facility shall provide adequate refrigeration for all third party cakes and/or desserts.
Caterer is “without liability” where the performance of contractual obligations are prevented or affected by ‘force majeure’. This means that Caterer shall have no responsibility or liability for failure to supply any services when prevented from doing so because of unusual or unforeseen circumstances beyond Caterer’s control. In these conditions ‘force majeure’ will include (but not be limited to) acts of God (i.e. flood, fire, etc.), labor strikes (other than those orchestrated by Caterer personnel), war, political unrest, accidents, government regulation, civil disorder or any other cause beyond the Caterer’s control. Should the Event be cancelled, postponed or otherwise adversely impacted as a result of a force majeure event, the Caterer will use all reasonable efforts to work with Client to provide services at a later date if necessary, subject to availability. Additional fees may be incurred and payable to Caterer as a result of a rescheduled event.
Client acknowledges that a travel fee of $4/mile per vehicle will be assessed for all catered events. Total mileage will be determined by calculating the round trip miles for each vehicle from Caterer’s commissary location in Schenectady, New York to the Event location. The travel fee listed on page 2 of the Agreement is for the food truck only. If it is necessary for Caterer to use additional vehicles to transport food, equipment, decor, etc. the Client understands and acknowledges that the Final Invoice will be amended to include a travel fee for the additional vehicles.
Event Location/Necessary Equipment
Rental of the venue location is the sole responsibility of the Client. It is recommended that the Client confirm with the property owner or manager that all the necessary equipment and services are included. Necessary equipment and services include, but are not limited to, drinking water, garbage dumpster, adequate outdoor lighting, parking location that is level and suitable for cooking to occur both inside and outside of food truck and when necessary, electric. In the event necessary equipment and services are not available to the Caterer, the Client may be responsible for additional fees and service charges. The Client assumes all responsibility for any theft or damages, including but not limited to water lines, electrical lines, landscaping and buildings, to the property rented for the Event that may be caused by caterer, patrons, members, guests, or invitees.
Event Production Fee & Gratuities
A 20% Event Production Fee will be assessed for all catered events over 25 people. The Event Production Fee is a fee collected to cover all of the back end costs associated with the event that are not related to food, beverage or staffing costs (i.e. event insurance, site visits, access to a Catering Event Manager, cooking equipment, vehicle maintenance, etc.). The client acknowledges that the final invoice will be amended to reflect a total assessment based upon the final guest count and final staffing fee. Please note that this charge is not a gratuity and gratuities are not required. However, if you feel your event staff has exceeded your expectations, you are welcome to provide a gratuity to your Catering Captain.
Hold Harmless Clause
Caterer assumes no responsibility for any loss or damage to the venue, equipment, furniture or other valuables prior to, during or after the Event. Caterer will do everything possible to ensure that all of Client’s supplies, rentals and equipment are cared for and maintained in good working order without damage or loss. However, Client understands that accidents, breakage, damage or loss may sometimes occur. Caterer will not be liable for any breakage, damage or loss. To the extent permitted by law, Client agrees to protect, indemnify, defend and hold harmless Caterer, its owners, respective employees, agents, contractors, or guests against all claims, losses or damages to persons or property, governmental charges or fines and costs (including reasonable attorney fees), arising out of or connected with activities conducted at the Event.
Substitutions and Modifications
Caterer is proud to provide the freshest and finest local ingredients available coupled with impeccable service. Therefore, Caterer reserves the right to make menu substitutions contingent upon seasonable availability and modifications to the style of service to assure a seamless event.
The Client will comply with all the laws of the United States and the State of New York, Massachusetts, Vermont, Connecticut and 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 and orders. If unlawful activities are occurring on the premises and the Event is cancelled, there will be no refund of any kind from Caterer to Client.
Review of Caterers Services
Client hereby agrees to complete a review of Caterer’s services within 30 days of the Event on internet based platforms including, but not limited to, WeddingWire, TheKnot, Facebook, etc.
Consumer Reviews/Defamation of Character
The Event Terms and Conditions of this Agreement shall in no way prohibit or restrict the Client’s ability to engage in a covered communication (written performance review of the services actually provided by Caterer) under the Consumer Review Fairness Act. However, if Client breaches the Terms and Conditions of the Agreement or cancels the Agreement, Client’s written communications shall not contain information that is libelous or harassing in nature. Information will be considered libelous or harassing if it contains false or misleading statements regarding Caterer’s professionalism. In the event Clients written communication contains false or misleading information, the Client may be subject to assumed, punitive and compensatory damages.
Attorney and Collection Fees
The parties agree that in the event any dispute arises in any way relating to or arising out of the Agreement, the Client shall be responsible for all related legal costs and fees. In the event, the Caterer retains the services of an attorney, the Caterer will be entitled to recover an award of its attorney fees and costs from Client, plus pre and post judgment interest regardless of fault. If the Caterer retains the services of a collection agency to assist in collection of the second or final payment due under this Agreement, the Caterer will be entitled to recover an award of its out of pocket expenses from Client, plus pre and post judgment interest regardless of fault.
Jurisdiction and Venue
Client consents that any claim or controversy arising out of or relating to this Agreement shall be filed in the jurisdiction of the State of New York, County of Schenectady and is therefore subject to all of New York’s laws and regulations. Client hereby waives any defense related to jurisdiction or venue.
Client consents that any claim or controversy arising out of or relating to this Agreement, or the breach thereof, shall be filed in the Schenectady County Small Claims Court if the disputed amount is less than $5,000.00 or in the Schenectady County Supreme Court if the disputed amount is more than $5,000.00. Client hereby waives any defense related to forum.
Disclaimer about Information Accuracy
Although every effort has been made to provide complete and accurate information, Caterer and its affiliated brands make no warranties, express or implied, or representation as to the accuracy of content in this document. Caterer assumes no responsibility for any error or omissions in the information contained in this document.