Services Provided

Café EOC Catering agrees to provide Client catering services for the Event as per the menu and service details incorporated herein by this reference (the “Service”). Additional services not included in the Services, including but not limited to bartending services, are not included in this Agreement unless specified and can only be added to this Agreement in a written amendment hereto signed by both Café EOC Catering and Client.

Pricing and Payment

Deposit: This Agreement will not be effective unless Client pays to Café EOC Catering a conditionally refundable deposit equal to 50% of the Total Estimated Cost due upon signing. This deposit will be credited towards the Final Invoice.

Finalization of Guest Count and Menu: Any changes to the guest count or menu must be finalized and agreed to in writing by Café EOC Catering not less than ten (10) calendar days before the date of the Event. Café EOC Catering cannot guarantee that changes requested after this date will be accommodated and may charge additional fees if accepted. You will be charged for the guarantee or the number attending, whichever is greater.

Final Invoice: The final invoice will be issued within ten (10) business days after the Event. Any additional charges incurred will be included in the final invoice, such as extended service hours or additional services or products requested on the day(s) before or day of the Event.

Payment Terms: The remaining balance of the Total Cost, including any additional charges, is due within fifteen (15) calendar days of the Client’s receipt of the invoice unless otherwise agreed in writing.

Late Payment and Interest: If payment is not received within three (3) calendar days following the due date, the outstanding amount on the final invoice will accrue interest at one and one-half percent (1.5%) per month (18% per annum) or the maximum rate permitted by California law, whichever is lower, until paid in full. Client agrees to pay all collection costs, including reasonable attorneys’ fees and court costs incurred by Café EOC Catering in enforcing this Agreement.

Cancellations

Client may cancel the event by providing written notice to Café EOC Catering. The following terms shall apply to all cancellations:

1. If Client cancels more than fourteen (14) days before the scheduled event date, Café EOC Catering shall refund the Client’s deposit, less any actual costs or expenses incurred by Café EOC Catering in preparation for the event prior to the cancellation.
2. If Client cancels on or within fourteen (14) days of the scheduled event date but more than three (3) days, Café EOC Catering shall refund fifty percent (50%) of the deposit, less any actual costs or expenses incurred by Café EOC Catering prior to the cancellation.

• If Client cancels on or within three (3) days of the scheduled event date, the full deposit shall be non-refundable.

Health and Safety

Café EOC Catering will adhere to all applicable health and safety regulations in the preparation and service of food. Client agrees to comply with any health and safety guidelines provided by Café EOC Catering.

Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the performance of this Agreement, except as required by law or with the prior written consent of the other party.

Alcohol Policy

Café EOC Catering does not hold a license to serve alcohol. Client expressly agrees that Café EOC Catering will not and is not required to serve alcohol at the Event under this Agreement. Client will be solely responsible for compliance with all applicable laws, licenses, and insurance related to the service or consumption of alcohol at the Event.

Indemnification and Liability

Client will indemnify, defend, and hold Café EOC Catering harmless from and against any and all claim, liability, or expense of any kind, including reasonable attorneys’ fees, arising from damages, losses, or injuries to persons (including but not limited to any Event guest, third party, or member of the public) or property resulting in any way from the Event or the performance of this Agreement, except if such damages, losses, or injuries are due to the sole negligence or willful misconduct of Café EOC Catering.

Notwithstanding the foregoing, Client expressly agrees that in no event will Café EOC Catering’s liability under this Agreement exceed the Total Cost and any additional charges as stated in Section 2 hereof.

Café EOC Catering will not be liable for any food taken off the Event premises. The Client assumes full responsibility for any food removed from the Event.

The indemnification obligations set forth in this Section shall survive the termination, cancellation, or expiration of this Agreement for any reason.

Tips and Gratuity

Café EOC Catering does not accept tips or gratuity.

Rentals and Damages

Linens, dishware, flatware, and glasses: Client understands and agrees that Café EOC Catering will not be providing any linens, dishware, flatware, or glasses for the Event. If Client desires for Café EOC Catering to provide such items, Client must request those items in advance in writing and the parties must agree to include those items in a modified Agreement. Client will be liable to Fresno EOC for any damages or losses to any such rented items (whether caused by Client or its guests or otherwise). Client agrees to pay full replacement cost for any lost or damaged items.

Damage Responsibility: The Client will be liable for any damage to Café EOC Catering property occurring during the Event.

Termination

Either party may terminate this Agreement upon written notice to the other party if the other party breaches any material term of this Agreement and fails to cure such breach within ten (10) days after receiving written notice of the breach.

Disputes

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of California, excluding principles of conflicts of laws. For every dispute regarding this Agreement:

1. the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled;
2. Each party consents to the jurisdiction of the courts within the County of Fresno, California, and agrees that those courts have personal jurisdiction over each party;

• Venue must be within the County of Fresno, California. No waiver of any provision or breach hereof is a waiver of any other provision or breach. All rights and remedies are cumulative and nonexclusive.

Force Majeure

Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, government regulations, natural disasters, pandemics, epidemics, public health emergencies, or strikes.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, agreements, or understandings of any kind. Any modifications to this Agreement must be in writing and signed by both parties.