When to order:

• Bookings are confirmed on a first-come, first-served basis.

• A non-refundable booking retainer may be required to secure your event date.

• No more than 15 minutes before your attendees eat is usually the best time to have us finish setting up, under most day-to-day/routine catering circumstances.

How much to order:

An accurate estimate and count of attendees is critical to complete our service.

• Final guest count and menu selections must be provided when placing the order OR at 10 days before the event, whichever occurs first, or as otherwise specified by contract or in writing.

• ❗To avoid running out, it's best to order an additional 5-10%, particularly if you're hosting a hungry crowd, as our standard serving size is based on average consumption.

• Once booked, you may not be able to reduce your order by more than 10% or increase it by more than 30% without potential additional costs.

• Include children in your total count if a serving will be taken by them, their parent, or guardian, regardless of portion size.

Payment:

• 🏦Payment by check is preferred and can be mailed to: 601 W 33rd Street, Sioux Falls, SD 57105.

• Payment terms, including the due date and accepted payment methods, will be specified in your contract, estimate, or invoice or indicated at the time of payment.

• A copy of our 📃W9 is available upon request if needed for accounts payable records.

• Invoices not paid by the due date may be subject to cancellation, late fees, interest, or other reasonable remedies at our discretion.

Changes:

• To help ensure that You do not run out of anything, promptly notify Us of additional attendees—even up to the time of the Event itself.

• We understand that Event details can evolve, but changes to Your Event or invoiceable items after the deadline for final Counts fall under the category of "Late Modification(s)." These modifications may require Us to allocate additional resources and make necessary adjustments on Our end. To offset the costs associated with accommodating these last-minute changes, if feasible, the following surcharges and liquid damages—amounts for which You acknowledge are reasonable and agree to pay—will apply:

  • 9–7 DAYS BEFORE EVENT: $50 to administer the modification(s), plus the item's regular rate with a 30% surcharge.

  • 6–3 DAYS BEFORE EVENT: $75 to administer the modification(s), plus the item's regular rate with a 100% surcharge.

  • 2 DAYS–1 DAY BEFORE EVENT: $100 to administer the modification(s), plus the item's regular rate with a 200% surcharge.

  • DAY OF THE EVENT: $300 to administer the modification(s), plus the item's regular rate with a 300% surcharge, plus travel/delivery, plus any other costs that may be attributed to accommodating the late modification(s). 

• We will likely, but at our discretion, permit You to change your event type, venue, or date if we have not purchased or prepared any goods for your event or passed on other events to hold your spot.

• Provided prices are estimates and are subject to fluctuations until the issuance of a Final Invoice, which may include adjustments for inflation or changes in the cost of Event goods or services.

• Should an invoiced good or service become unavailable (except as provided for in the Force Majeure Clause) or whose cost become significantly more expensive than at the time of order/booking, We will offer alternative items, pricing, or options. You agree to burden any additional increased cost, choose an alternative, equitable good or service, or some combination thereof.

Cancellations:

• Consider Postponing your event or contacting us to advise you of alternatives and options that may be available to you before outright cancelling your event. Unless otherwise specified by contract or in writing, you may cancel your event through the indicated times-before-your-event:

  • BEFORE 6 MONTHS: 100% refund, less any retainer, which is non-refundable.

  • 6 MONTHS–90 DAYS: You pay 50%; We waive/refund the other 50% of your estimate/invoice.

  • AFTER 90 DAYS: Event is non-refundable.

• The retainer we collect from you and any items we secure for you are not refundable and may be retained as liquid damages or deducted from any refunds or added to any unpaid amount due.

• We may cancel your event for any valid reason up to 60 (sixty) days prior to the Event for a 100% refund of all payments received for your event. In the unlikely event of severe medical, natural, or other emergencies (except as provided for by our Force Majeure policy), we may need to retain an alternate caterer. We will make good faith and commercially reasonable efforts to secure a replacement caterer able to provide a similar package as chosen for this Event. If such a situation should occur and a suitable replacement is not found, you agree that our liability shall be limited to the return of all payments received for the Event.

Liability.

You and We intend and therefore agree that as Your sole and exclusive remedy to any claim, demand, suit of judgement or similar, will be asserted only against Our corporate entity, and not against any of Our individual employees, officers, directors, shareholders, or similar. In the text contained within the Liability section within this Agreement, and unless clearly inappropriate, "We", "Us", "Our", "Caterer" is expanded to include Our vendors, affiliates, officers, directors, agents, employees, contractors, subcontractors, permitted successors and assigns, and anyone for whom ought to be included or We are legally liable.

Agency Guidelines.

You agree to take all reasonable best efforts to protect the health, safety, and well-being of all attendees of Your Event, including Event postponement if necessary. At no extra cost to You, and with or without prior notice, You consent to any adjustments to Our standard service and setup made by Us to minimize risks to health, safety, and well-being at Your Event. In addition to applicable legal and regulatory requirements, We will make good faith efforts to adhere to the guidelines and protocols issued by civil authorities, which We refer to as "Agency Guidelines." Especially during times of pandemic or disaster, We may provide You with advice, recommendations, or contract modifications. You are not obligated to accept these changes. Specifically, We advise You to postpone Your Event if it is scheduled during a pandemic, as defined by scientific criteria, until a time when there has been no widespread community transmission of the pandemic's contagion for a duration of no less than the publicly-announced isolation or incubation period.

INDEMNITY.

IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS FOR THE EVENT TO YOU AND TO US, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, INTO PERPETUITY, AGAINST ALL ACTIONS, CLAIMS, DAMAGES, LOSSES, LIABILITIES, JUDGMENT RECOVERED FROM OR ASSERTED AGAINST US, AND OTHER EXPENSES (including reasonable attorneys’ fees) ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM OF NEGLIGENCE, PROPERTY DAMAGE, FOOD ALLERGEN OR SENSITIVITY, SPECIAL DIETARY REQUEST OR NEEDS, ILLNESS OR ILL FEELING, PERSONAL INJURY, OR DEATH ARISING FROM OR RELATED TO THE EVENT, THIS AGREEMENT, OUR GOODS OR SERVICES, OR YOUR (and Your vendors, employees, agents, contractors, planners, host(ess), consultants, guests, volunteers, Event attendees, and anyone for whom either ought to be included or You are legally liable) ACTS, ERRORS, OR OMISSIONS.

LIMIT OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY AND ALL CLAIMS, UNDER ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE EVENT OR THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID ON THE EVENT, THE TOTAL OF OUR MOST RECENTLY ISSUED INVOICE, OR 100% OF OUR AVAILABLE INSURANCE LIMITS, WHICHEVER IS LESS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER (E.G. DIRECT OR INDIRECT LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, ETC…) DAMAGES OR LOSSES OF ANY KIND, ARISING FROM OR IN CONNECTION WITH THE EVENT OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT OUR LIABILITY FOR DAMAGES CAUSED BY, AND YOU ARE NOT OBLIGATED TO INDEMNIFY US FOR, OUR OWN INTENTIONAL OR UNLAWFUL MISCONDUCT OR GROSS NEGLIGENCE. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW.

Resolution of Disagreements.

We value open and constructive communication. Should You have any concern or if something does not meet Your expectations, tell Us WITHOUT DELAY so We can address it promptly. 

Disagreements. 

If You have a dispute with Us ("Your Dispute Against Us"), You and We agree to exercise good faith efforts to resolve the matter fairly, amicably, and in a timely manner. If together You and We are not able to resolve Your Dispute Against Us informally for no less than thirty (30) days, You agree to the following Dispute Resolution Steps:  (A) Provide Us with “Written Notice,” which is a written or typed letter that prominently uses the exact phrase "I am initiating Dispute Resolution Steps," contains both a written description of Your problem (along with relevant documents or supporting information) and a specific desired outcome to resolve Your problem, and is sent by registered mail to 601 W 33rd Street, Sioux Falls, SD 57105;  (B) If We are unable to resolve Your Dispute Against Us within sixty (60) days from Our receipt of Written Notice, You agree to participate in mediation on an individual, non-representative basis by a neutral mediator; and,  (C) If We are unable to resolve Your Dispute Against Us within four (4) hours of constructive mediation, You may opt to continue mediation or initiate adjudicative actions. It is important to understand that these steps do not prevent either You or Us from seeking immediate injunctive relief or legal remedies for urgent matters (e.g. protecting intellectual property rights, preventing the unauthorized use or disclosure of confidential information), and it does not preclude either You or Us from pursuing litigation if the mediation required in the Dispute Resolution Steps does not lead to a resolution. We reserve all legal rights to recover damages or other compensation under this Agreement or as allowed by law. You retain Your right to bring, and this Agreement does not prevent You from bringing, any dispute to the attention of any federal, state, or local government agency (such agencies can, if the law allows, seek relief against Us on Your behalf).

BREACH OF AGREEMENT.

In addition to other remedies provided within this Agreement, if You breach a provision a material provision of this Agreement or anything within this agreement that is emboldened, highlighted, or all-capitalized, then We can, unless prohibited by applicable law, terminate this Agreement immediately, require You to indemnify Us against all reasonable damages, require immediate payment of Your total outstanding balance, and collect from You any judgment or settlement sums due, plus reasonable Legal Costs, court costs, late fees, interest, and any other expenses incurred by Us for such collection action. If We breach a material provision of this Agreement, You may terminate this Agreement immediately and require Us to indemnify You against all reasonable damages, up to but not to exceed the amount You have paid Us for this Event or 100% of our available insurance limits, whichever is less. Both You and We have the right to terminate this Agreement when the other becomes insolvent, fails to pay its bills when due, makes an assignment for the benefit of creditors, goes out of business, or ceases production.

LEGAL FEES.

Mediation, court, and similar costs shall be shared equally between You and Us, with the following conditions:  (A) In accordance with the Breach of Agreement clause of this Agreement, costs may be allocated differently;  (B) Provisions elsewhere in this Agreement may specify alternative cost-sharing arrangements;  (C) In cases where a legal action is dismissed due to an act or omission for which You could reasonably be described as at fault or wrong (e.g., expiration of the statute of limitations, improper service, failure to state a claim, failure to appear, lack of legal standing, failure to comply with court orders, or similar acts or omissions), You shall reimburse Us for all reasonable legal costs, court costs, mediation costs, and similar costs incurred by Us as a result of such legal action; or,  (D) If You fail to exercise good faith efforts to resolve any dispute fairly, amicably, and in a timely manner through the Dispute Resolution Steps, You must reimburse Us for all reasonable costs and expenses incurred by Us that are associated with Us compelling You to follow the Dispute Resolution Steps.

Miscellaneous.

GOVERNING LAW & VENUE. This Agreement and legal relations between You and Us shall be governed by and construed in accordance with the laws of the State of South Dakota. Venue for any dispute arising hereunder shall be exclusively in a court of competent jurisdiction in Minnehaha County, South Dakota.  COMPLIANCE WITH LAWS. Both You and We shall comply with the requirements of all applicable laws, rules, regulations, orders of governmental authority, other than those with which, individually or in the aggregate, could not reasonably be expected to have a material adverse effect on this Agreement. You shall obtain any permits or licenses necessary for Your Event to assemble or verify your Venue's capacity to assemble. We are registered, licensed, and permitted to do business in the state of South Dakota, county of Minnehaha, and city of Sioux Falls and are typically permitted to operate anywhere within South Dakota without additional licensing/permits. Additionally, We are typically afforded the courtesy to conduct isolated/infrequent transactions to neighboring states without additional registration/licensing, provided such transactions and do not meet that state's Economic Nexis. Should a governing body require registration, require additional licensing/permits, or We hit a state's Economic Nexis threshold for collecting tax or number of transactions, then at Our discretion, We will:  (A) Cover these costs;  (B) Add Event-related costs to Your invoice; and/or,  (C) Permit You to Cancel the Event as outlined within this Agreement. Neither You nor We shall take any action in violation of any applicable legal requirement that could result in liability being imposed on the other.  CUMULATIVE RIGHTS. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies.  SEVERABILITY. In the Event that any of the provisions of this Agreement are held to be invalid or unenforceable, in whole or part, all other provisions will, nevertheless, continue to be valid and enforceable, with the invalid or unenforceable parts severed from the remainder of this Agreement.  TIME OF THE ESSENCE. Time of performance is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision. Listed timelines specified within this Agreement take precedence over automatically-generated/listed dates. If Your Event is postponed or rescheduled, the timelines specified, except final counts and final payment, are drawn from Your originally scheduled date.  NUMBER/GENDER/GRAMMAR. Unless clearly inappropriate, reference to:  (A) The masculine gender includes the feminine and the neuter gender includes the masculine and the feminine;  (B) The singular tense and number includes the plural, and the plural tense and number includes the singular;  (C) The past tense includes the present, and the present tense includes the past;  (D) References to parties, sections, paragraphs and exhibits mean the parties, sections, paragraphs and exhibits of and to this Agreement;  (E) Periods of days, Weeks or months mean calendar days, weeks or months;  (F) Descriptive headings in this Agreement are inserted for convenience only and do not control or affect the meaning or construction of any provisions;  (G) Including means "including without limitation".  ASSIGNMENT. You may not sell, assign, or subcontract any part of Your obligations under this Agreement to someone else without Our written permission. We may, without Your permission and without prior notice to You, assign this Agreement to an affiliate, subsidiary, or to any person that acquires all or substantially all of Our assets.  YOUR CONTRACT WITH US. This Agreement will endure to the benefit of and be binding on You and Us, plus Your respective heirs, executors, administrators, and permitted successors and assigns. All provisions that logically ought to survive termination of this Agreement shall survive. Our failure or delay in exercising any of Our rights under this Agreement does not mean that We are unable to exercise those rights later. You must use good faith and best efforts in the completion of Your obligations and any of Your interactions with Us; We will make good faith and commercially reasonable efforts to perform Our obligations. Our failure or delay in exercising any of Our rights under this Agreement does not mean that We are unable to exercise those rights later. You must use good faith and best efforts in the completion of Your obligations and any of Your interactions with Us; We will make good faith and commercially reasonable efforts to perform Our obligations.

If You do not agree to any part of these terms and conditions, You must contact us immediately, without delay, and at least 24-hours before Your Event so that We can negotiate with You in good faith and vice versa, otherwise Your order is subject to these terms and conditions.