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TERMS & CONDITIONS
A legal disclaimer
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[Company Legal Name] ("the Caterer," "we," "us") [Address] | [Phone] | [Email] | [Website] GST/HST No.: [Number] | Business Licence/Food Premises Permit No.: [Number]
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Effective date: [Date]
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These Terms and Conditions apply to all catering services provided by the Caterer to the client named in the proposal, quote, or booking confirmation ("the Client"). By signing a quote or contract, paying a deposit, or otherwise confirming a booking, the Client agrees to these terms.
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1. Quotes and Booking
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1.1 Quotes are valid for [14] days from the date issued. Prices may change after that date.
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1.2 A booking is confirmed only when the Client has (a) signed the catering agreement or written acceptance and (b) paid the required deposit. Until then, the date is not held.
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1.3 Quoted prices are based on the menu, guest count, date, time, venue, and services described in the quote. Changes to any of these may change the price.
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2. Pricing, Taxes and Fees
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2.1 All prices are in Canadian dollars.
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2.2 Prices do not include applicable taxes (GST, HST, PST, or QST, depending on province) unless stated otherwise. Taxes are calculated and added as required by law.
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2.3 Additional charges may apply for delivery, setup and takedown, rentals (linens, tableware, furniture, equipment), staffing, travel outside our service area, late-night or overtime service, and statutory holidays.
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2.4 Food and beverage prices may be adjusted if ingredient costs change significantly before the event. We will notify the Client in writing before applying any adjustment to a confirmed booking.
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3. Gratuities and Service Charges
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3.1 A service charge of [__]% [is / is not] included in the quote. Where a service charge is applied, it is not a gratuity unless the quote expressly says so.
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3.2 Gratuities for staff are [optional and at the Client's discretion / included as stated in the quote]. Any gratuity collected is distributed as required by applicable provincial employment standards.
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4. Deposits and Payment
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4.1 A non-refundable deposit of [25–50]% of the estimated total is due at booking to secure the date, except as provided in Sections 6 and 14.
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4.2 The remaining balance is due [7] days before the event, unless otherwise agreed in writing.
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4.3 Accepted payment methods: [e-transfer, credit card, cheque, bank transfer]. A [__]% fee may apply to credit card payments.
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4.4 Any balance owing after the event (for example, for added guests or services) is due within [7] days of the invoice date.
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4.5 Late payments are subject to interest at []% per month ([]% per year) on the overdue amount, to the extent permitted by law. Returned or dishonoured payments are subject to a fee of $[__].
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4.6 For corporate clients, payment terms of [net 15/30] may be offered with prior credit approval
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5. Guest Count and Menu Changes
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5.1 The Client must provide an estimated guest count at booking and a final guaranteed guest count at least [7] business days before the event.
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5.2 The guaranteed count is the minimum number for which the Client will be charged, even if fewer guests attend.
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5.3 We will make reasonable efforts to accommodate increases after the deadline, subject to food and staff availability, and may charge a [10–15]% surcharge for late additions.
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5.4 Final menu selections must be confirmed by [7–14] days before the event. Changes after that date may not be possible or may incur additional charges.
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5.5 Menu items may be substituted with items of similar quality if a product becomes unavailable for reasons beyond our control.
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6. Cancellation and Rescheduling
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6.1 Cancellations must be made in writing.
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6.2 Cancellation schedule (unless otherwise stated in the agreement):
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Notice given before eventAmount payable by Client
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More than [60] daysDeposit forfeited
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[30–60] days[50]% of estimated total
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[14–29] days[75]% of estimated total
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Less than [14] days100% of estimated total
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6.3 Rescheduling to another date is subject to availability. A rescheduling request made more than [30] days before the event may be accommodated once at no charge; the deposit will transfer to the new date. Further changes may be treated as a cancellation.
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6.4 The Caterer may cancel if the Client materially breaches these terms (including non-payment). In that case, the Client remains responsible for costs already incurred and the applicable amounts in 6.2.
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7. Allergies, Dietary Needs and Food Safety
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7.1 The Client must tell us in writing, before the final menu is confirmed, about any allergies, intolerances, or dietary restrictions among their guests, including religious or cultural requirements.
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7.2 Our kitchen handles the priority food allergens recognized in Canada: peanuts, tree nuts, sesame, wheat/triticale, eggs, milk, soy, fish, crustaceans and molluscs, mustard, and sulphites. We cannot guarantee that any menu item is completely free of allergens or cross-contact, even where an item is prepared to accommodate a stated allergy.
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7.3 Guests with severe allergies are responsible for their own decisions and precautions. Ingredient information is available on request.
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7.4 We prepare, handle, and store food in accordance with applicable federal, provincial, and municipal food safety requirements.
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7.5 Food left at the event. Once food is delivered and set up, we recommend that hot food be kept above 60 °C (140 °F) and cold food below 4 °C (40 °F), and that perishable food not be left out for more than two hours in total. The Caterer is not responsible for illness or spoilage arising from food held, reheated, stored, or taken home by the Client or guests after service ends or after we leave the venue.
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7.6 Leftovers: for food safety reasons, we generally do not package leftovers unless agreed in advance. Any leftovers taken are at the Client's own risk.
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8. Alcohol
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8.1 Where the Caterer provides alcohol service, we operate under the applicable provincial liquor licence [licence number] and follow provincial liquor laws.
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8.2 Where the Client provides alcohol, the Client is responsible for obtaining any required special occasion permit, and the Caterer's staff may serve it only where permitted by law and by the venue.
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8.3 Alcohol will not be served to minors or to anyone who appears intoxicated. Our staff may refuse service at their discretion, and the Caterer may stop alcohol service if required by law or if safety concerns arise. No refund will be given in such cases.
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8.4 The Client is responsible for the conduct of their guests and for arranging safe transportation home.
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9. Venue, Access, and Setup
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9.1 The Client is responsible for ensuring we have suitable access to the venue, including loading access, parking, elevators, power, water, refrigeration, and adequate space for setup and food preparation.
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9.2 The Client must confirm venue rules and restrictions (for example, open flames, decorations, outside vendors, noise, curfews) and inform us in advance.
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9.3 If the venue is unsafe, inaccessible, or unsuitable, we may delay or refuse to provide service. Additional charges may apply for waiting time, extra travel, or extra labour caused by venue issues.
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9.4 Delivery and setup times are estimates. We will make reasonable efforts to be on time but are not liable for delays caused by weather, traffic, road closures, or other events beyond our control.
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10. Equipment, Rentals, and Property
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10.1 Items owned by the Caterer or rented on the Client's behalf (including linens, dishes, glassware, chafing dishes, and serving equipment) remain the property of the Caterer or the rental company.
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10.2 The Client is responsible for loss of or damage to rented or borrowed items while they are in the Client's or guests' care, other than normal wear. Replacement or repair costs will be invoiced.
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10.3 Rental items must be ready for pickup at the agreed time. Late return fees may apply.
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10.4 The Caterer is not responsible for personal property left at the venue, including guests' belongings, décor, or gifts.
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11. Service Time and Overtime
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11.1 The service period is as stated in the agreement. If the event extends beyond it, overtime staffing charges of $[__] per staff member per hour apply.
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11.2 Staff may take required breaks in accordance with provincial employment standards during longer events.
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12. Client Conduct and Guest Behaviour
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12.1 The Client is responsible for the conduct of their guests. Our staff have the right to work in a safe environment free of harassment, abuse, or unsafe conditions.
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12.2 We may end or suspend service without refund if staff safety is at risk or if the Client or guests are abusive or disorderly.
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13. Liability and Insurance
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13.1 The Caterer carries commercial general liability insurance. A certificate of insurance can be provided on request.
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13.2 Subject to applicable law, the Caterer's total liability to the Client for any claim arising from the services is limited to the amount paid by the Client for the services under the applicable agreement.
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13.3 The Caterer is not liable for indirect or consequential losses, including lost enjoyment, lost profits, or emotional distress, to the extent permitted by law.
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13.4 The Client agrees to indemnify the Caterer against claims, losses, and expenses arising from the acts or omissions of the Client, the Client's guests, or the Client's other vendors, except to the extent caused by the Caterer's negligence.
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13.5 Nothing in these terms limits liability that cannot be limited under applicable law, including consumer protection legislation.
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14. Force Majeure
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14.1 Neither party is liable for failure or delay in performing its obligations due to events beyond its reasonable control, including natural disasters, extreme weather, fire, flood, epidemics or public health orders, government restrictions, power or utility failures, strikes, labour disruptions, war, terrorism, or road or venue closures.
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14.2 If the event cannot proceed for such a reason, the parties will work in good faith to reschedule. If rescheduling is not possible, the Client will be refunded amounts paid, less non-recoverable costs already incurred by the Caterer (for example, custom orders, perishable ingredients, and rentals already committed).
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15. Complaints and Claims -
15.1 The Client must notify the Caterer of any complaint about the services within [48 hours / 7 days] of the event, in writing, with reasonable details so we can investigate and resolve the issue. Complaints made after that time may not be eligible for a remedy. -
16. Photos, Marketing, and Intellectual Property
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16.1 The Caterer may photograph or record the food, setup, and, where appropriate, the venue for portfolio, website, and social media use. We will not use images identifying guests without consent. Please tell us in writing if you do not want any photos used.
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16.2 Menus, recipes, presentations, and designs created by the Caterer remain the Caterer's intellectual property.
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17. Privacy
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17.1 We collect and use personal information (such as name, contact details, event details, and dietary information) only to provide our services, process payments, and communicate with the Client, in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial legislation.
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17.2 We do not sell personal information. Information shared with third parties (such as payment processors, venues, or rental companies) is limited to what is needed to deliver the event. A copy of our privacy policy is available on request.
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18. Governing Law and Disputes
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18.1 These terms are governed by the laws of the Province of [Province] and the federal laws of Canada that apply there.
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18.2 The parties will first try to resolve any dispute through good-faith discussion. If unresolved, the dispute may be submitted to mediation before either party begins legal proceedings.
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18.3 Subject to any mandatory rights of the Client under consumer protection law, the courts of [Province] have jurisdiction.
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Note for Quebec: If operating in Quebec, these terms must comply with the Consumer Protection Act, the Civil Code of Québec, and the Charter of the French Language (including having the contract available in French). Consult a Quebec lawyer.
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19. General
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19.1 Entire agreement. These terms, together with the signed quote or contract, are the entire agreement. They replace any prior discussions or understandings.
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19.2 Changes. Changes must be in writing and agreed to by both parties.
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19.3 Severability. If any provision is found unenforceable, the rest remains in effect.
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19.4 No waiver. Failure to enforce any term is not a waiver of that term.
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19.5 Assignment. The Client may not transfer the agreement without our written consent.
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19.6 Notices. Notices must be in writing and sent to the addresses in the agreement (email is acceptable).
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19.7 Corporate and third-party bookings. If a person books on behalf of another person or organization, they confirm they have authority to do so and are personally responsible for payment if the other party does not pay.
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