Obon Catering Terms & Conditions
1. Guaranteed Guest Count. You must submit the guaranteed number of guests (the “guest count”) for your event to Obon no later than 72 hours prior to the event. If the actual number of your guests at the time of the event is larger than the guest count, you will be charged for the additional guests in attendance at the per guest rate stated in the proposal. Obon will not discount or reduce the contract price if the actual number of your guests at the time of the event is less than the guest count you submit to Obon.
2. Payments and Deposits. You must pay Obon a non-refundable deposit equal to 50% of the total contract price stated in the proposal at least 60 days prior to the event date. Your failure to pay the deposit on time shall render this catering contract null and void. Obon accepts payments made by Credit/Debit Card, Check or Money Order. You must pay Obon the balance due no later than 5 days prior to the event date. Your failure to pay the balance due on time shall be considered a cancellation of this catering contract. Any event booked less than 5 days from the event date must be paid in full at the time of booking.
3. Cancellations and Refunds. If you give Obon a written notice of cancellation of this catering contract more than 30 days prior to the Event Date, Obon will agree to cancel this Catering Contract at no charge, and will refund any deposit paid. If you do not give Obon a written notice of cancellation more than 30 days prior to your event, you acknowledge that Obon will suffer damages (such as the lost opportunity to book other events on the date of your event, purchase of food and supplies, expenses of the services of Obon staff, etc.), and that the amount of actual damages caused by the late cancellation of this catering contract would be extremely difficult, if not impossible, to quantify. For the late cancellation of this catering contract (30 days or less prior to your event), Obon will retain the deposit as liquidated damages. In the event that you cancel this catering contract within 10 days of the event date, for whatever reason or cause (including without limitation Acts of God, weather, cancellation by location, etc.), you will remain obligated to pay the entire contract price, less the event fee, as liquidated damages to Obon. You agree that these liquidated damages represent a fair and reasonable estimate of the losses and expenses Obon would sustain as a result of late cancellation of this catering contract, given that actual damages are uncertain and not susceptible of exact measurement as of the date of this catering contract. Refunds on any accrued cost that falls under the event coordination services and rentals will be determined at time of cancellation.
4. Menu Cost. All menu prices are subject to change based on market prices of food ingredients. If there is a significant increase in any market price, Obon will notify you of the contract price increase. If you do not agree to the new price, Obon will propose substitute menu items to you in order for you to maintain the agreed upon menu price. If you do not agree to the proposed substitution, then Obon may cancel this catering contract without further obligation and refund all monies paid.
5. Rentals and Event Coordination Services. Obon can manage all of your event needs, including event coordination for weddings and corporate events, staffing, and providing tables, chairs, linens, china and floral arrangements. Rentals and Event Coordination Services are charged in addition to catering services. Contact us for more information and pricing.
6. Event Timeline and Staffing. Each event is unique and will require a different timeline, so we understand that there will be specific requirements discussed at the time of your booking. Event staffing is variable and will be determined at the time of booking (based on the guest count and Event Type). Obon will inform you of the staffing planned for your event. Obon pricing includes 2 hours for onsite, pre-event set up, 3 hours for Event duration, and 2 hours for post-event breakdown/cleanup. If your event exceeds 3 hours in duration, additional staff time will be charged as a fee, in addition to the contract price, at a rate of $15 per hour per staff member.
7. Damage and Liability. Obon maintains general liability and automobile liability insurance for the services it provides. You understand that Obon shall not be responsible for the loss of or damage to any items provided, rented or furnished by you unless such loss or damage was caused solely by the gross negligence or willful misconduct of Obon. In any event, Obon liability for any claim arising under this Catering Contract (including, without limitation, Obon failure to provide the services, is limited to the contract price amount paid by you plus $500. You agree to indemnify, defend and hold Obon and its affiliates and their respective employees, representatives, agents and independent contractors harmless from any claims, injuries, losses or damages (including personal injury, wrongful death, and attorney’s fees) arising from or related to the Event, unless such loss or damage was caused solely by the gross negligence or willful misconduct of Obon.
8. Collections. Any amounts remaining unpaid after the Event shall be overdue and accrue interest at a rate of 1½% per month (unless otherwise agreed in writing by Obon). In the event that Obon takes any action (whether or not litigation is instituted) to collect unpaid amounts due to Obon you agree to pay the reasonable costs of collection (including court costs and attorney’s fees).
2. Payments and Deposits. You must pay Obon a non-refundable deposit equal to 50% of the total contract price stated in the proposal at least 60 days prior to the event date. Your failure to pay the deposit on time shall render this catering contract null and void. Obon accepts payments made by Credit/Debit Card, Check or Money Order. You must pay Obon the balance due no later than 5 days prior to the event date. Your failure to pay the balance due on time shall be considered a cancellation of this catering contract. Any event booked less than 5 days from the event date must be paid in full at the time of booking.
3. Cancellations and Refunds. If you give Obon a written notice of cancellation of this catering contract more than 30 days prior to the Event Date, Obon will agree to cancel this Catering Contract at no charge, and will refund any deposit paid. If you do not give Obon a written notice of cancellation more than 30 days prior to your event, you acknowledge that Obon will suffer damages (such as the lost opportunity to book other events on the date of your event, purchase of food and supplies, expenses of the services of Obon staff, etc.), and that the amount of actual damages caused by the late cancellation of this catering contract would be extremely difficult, if not impossible, to quantify. For the late cancellation of this catering contract (30 days or less prior to your event), Obon will retain the deposit as liquidated damages. In the event that you cancel this catering contract within 10 days of the event date, for whatever reason or cause (including without limitation Acts of God, weather, cancellation by location, etc.), you will remain obligated to pay the entire contract price, less the event fee, as liquidated damages to Obon. You agree that these liquidated damages represent a fair and reasonable estimate of the losses and expenses Obon would sustain as a result of late cancellation of this catering contract, given that actual damages are uncertain and not susceptible of exact measurement as of the date of this catering contract. Refunds on any accrued cost that falls under the event coordination services and rentals will be determined at time of cancellation.
4. Menu Cost. All menu prices are subject to change based on market prices of food ingredients. If there is a significant increase in any market price, Obon will notify you of the contract price increase. If you do not agree to the new price, Obon will propose substitute menu items to you in order for you to maintain the agreed upon menu price. If you do not agree to the proposed substitution, then Obon may cancel this catering contract without further obligation and refund all monies paid.
5. Rentals and Event Coordination Services. Obon can manage all of your event needs, including event coordination for weddings and corporate events, staffing, and providing tables, chairs, linens, china and floral arrangements. Rentals and Event Coordination Services are charged in addition to catering services. Contact us for more information and pricing.
6. Event Timeline and Staffing. Each event is unique and will require a different timeline, so we understand that there will be specific requirements discussed at the time of your booking. Event staffing is variable and will be determined at the time of booking (based on the guest count and Event Type). Obon will inform you of the staffing planned for your event. Obon pricing includes 2 hours for onsite, pre-event set up, 3 hours for Event duration, and 2 hours for post-event breakdown/cleanup. If your event exceeds 3 hours in duration, additional staff time will be charged as a fee, in addition to the contract price, at a rate of $15 per hour per staff member.
7. Damage and Liability. Obon maintains general liability and automobile liability insurance for the services it provides. You understand that Obon shall not be responsible for the loss of or damage to any items provided, rented or furnished by you unless such loss or damage was caused solely by the gross negligence or willful misconduct of Obon. In any event, Obon liability for any claim arising under this Catering Contract (including, without limitation, Obon failure to provide the services, is limited to the contract price amount paid by you plus $500. You agree to indemnify, defend and hold Obon and its affiliates and their respective employees, representatives, agents and independent contractors harmless from any claims, injuries, losses or damages (including personal injury, wrongful death, and attorney’s fees) arising from or related to the Event, unless such loss or damage was caused solely by the gross negligence or willful misconduct of Obon.
8. Collections. Any amounts remaining unpaid after the Event shall be overdue and accrue interest at a rate of 1½% per month (unless otherwise agreed in writing by Obon). In the event that Obon takes any action (whether or not litigation is instituted) to collect unpaid amounts due to Obon you agree to pay the reasonable costs of collection (including court costs and attorney’s fees).