These are simply educational examples of possible contract language. Don’t use any of these clauses without approval from your attorney.
Customer Count and Guarantees
a) The number of guests listed on this contract shall be paid by the customer, even if the number of guests served is lower than the guaranteed number.
b) All costs are based on the guarantee given. However, a customer may reduce the given guarantee by up to 10 percent, as long as the customer notifies ABC Catering of the reduction more than 72 hours before the event.
c) Caterer has extensive experience in determining and preparing the correct amount for each menu item for the guaranteed group size. It is our custom to prepare enough extra to feed groups that eat more than the usual amount of food. However, in no case are we required to have extra food for numbers higher than the guarantee given.
d) Customer agrees to pay additional, at the agreed per-guest price, for any guests that increase the guarantee, even if the food is available.
e) If the final guest count is 10 percent greater than the guarantee, an additional 10 percent service charge will be paid by customer to cover the extra burden placed on the staff at the event.
f ) Customer agrees that the caterer will retain all foods and beverages remaining at the conclusion of the event that have been brought by the caterer.
g) The final count, or guarantee, is due seven business days in advance of the event. Following the final count, the number may not be lowered, but may be raised. A 15 percent surcharge may be added to cover additional last-minute expenses of acquiring added food and beverages for the additional guests.
h) To facilitate our ordering, we require your confirmed minimum number of guests ten (10) days prior to your event. This number may not be decreased. Our quoted prices reflect current market conditions for food and services. Menu substitutions may be made of equal or superior quality without notice due to product availability.
i) A confirmation of the guest count shall be made no later than fourteen (14) days prior to the event date. Thereafter, the number may be increased at the quoted per person cost, but not decreased. (caterer) will be prepared to serve a maximum of 5 percent over the guaranteed count. Additional place settings will be charged at an additional $6 each. Children under age 10 and vendors will be charged 50 percent of the menu price and given a special beverage rate. All food and beverage must be purchased from (caterer) and consumed on the premises.
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Even the if the estimated number of guests don't turn-up. Caterer is paid guaranteed money.
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