Terms and Conditions
MENU SELECTION & PRICES
MENU TASTING: We will gladly provide you with a private tasting of your menu items for wedding events only after the first initial consultation. A tasting of 2-3 items will be provided at no cost and are conducted with a maximum of two (2) guests only. Additional guests are welcome for a fee of $25.00 per guest.
MENU CHANGES AND MODIFICATIONS: Any menu changes or modifications must be in writing and may be subject to a modification fee depending on the time, the change or when the modification was received. Once the contract agreement has been signed, any changes, if approved, will constitute signing of a new contract. The old contract will be voided. No verbal or voice mail changes/modifications will be accepted. Any self-alterations made to the contract will void the contract and not be accepted.
PRICE PROTECTION: Caterer warrants all prices quoted for products and services are valid for a period of 30 days from the date the event catering quote is sent to client(s). Once the price quote is approved by the client, an event catering agreement/contract shall be executed by the caterer and client. Said agreement shall be binding consisting of an estimated amount subject to changes based on final guest counts and any additional charges approved by the client. Additional fees will apply for specialty services/rentals outside of current inventory for all seated full service and buffet service events.
SERVICE AND FOOD DELIVERY
DELIVERY SERVICE: We have a self-serve drop off service. We will deliver your order in disposable serving dishes, with sternos and disposable serving utensils. Delivery fees vary based on location and range from 1-25 miles for $15 and 26-50 miles for $30.
SET UP AND CLEAN UP: For a full service event we arrive 2-3 hours prior to the event. For smaller events we usually arrive 1-2 hours prior to the event. For corporate and self serve drop off deliveries we usually arrive 30 minutes to one hour before meal time. For seated full service and buffet service events, additional staffing fees shall apply with a four (4) hour minimum service required which includes set up and cleanup of the buffet food tables, removal of trash from the guest tables and cleanup of the facility kitchen when used by caterer. If a client has rented service-ware from an out-sourced vendor, a service charge of $75.00 will be charged for rinsing and re-packing of service-ware items from the out-sourced vendor.
LEFTOVERS: If there are leftovers from the event, the client may receive those leftovers. The client must supply appropriate containers for the leftovers. If you do not have any containers, leftovers will be discarded. We will not store leftovers for you or your guests. If you receive any leftovers, they must be consumed within 24 hours. The caterer assumes no liability with regard to leftovers.
DEPOSITS & PAYMENTS
We require a 50% deposit at the time of booking your event which shall be due upon execution of this agreement. Please note that 25% of the 50% deposit is non-refundable. For wedding events only, the balance will be invoiced in four (4) installments, with the 4th installment due 14 days before the wedding. An invoice statement will be billed indicating payment due and due date. With regard to all events, if the client fails to remit the remaining balance due by the due date as scheduled, the caterer reserves the right to terminate and cancel this contract agreement with no further obligation or refunds. Payments are accepted in the form of cash, check or credit card including a credit card processing fee of 2.9%. Please note that client is responsible for paying any and all NSF (insufficient funds) fees when making a payment to Dargin’s Creole Kitchen that results in any NSF fees. All third party billing must be received prior to the event. Deposit is not transferable. All catered events are subject to applicable sales tax.
MINIMUM ORDERS: Based on the number of guests, certain menus require a minimum order. If the minimum is not met, a service fee of $100.00 is assessed. Minimum event orders 10; corporate orders 15; wedding events 50.
GUEST COUNT: We must receive guaranteed guest counts no later than 14 days before wedding and social events and 7 days before corporate events. If the guest's count has not been confirmed with the caterer according to the schedule, the caterer will only plan and prepare for the original contracted guest count and not any overage amounts.
SITE PREVIEW: Caterer must view location or layout plan 2 weeks before the event, to evaluate catering logistics.
CANCELLATIONS: Please note that 25% of your deposit is non-refundable and will not be refunded if the function should cancel. If notice of cancellation is received less than one week prior to the event, the entire amount of the function will be due. The deposit is not refundable or transferable for any circumstances.
(a) Should it become necessary for client to terminate their signed agreement, and the event date is greater than thirty (30) days, we shall be entitled to retain any and all expenditures to date, including but not limited to contracted labor, special orders, rentals and/or proposal costs.
(b) If Agreement is terminated within thirty (30) days of the event, we shall be entitled to retain twenty-five percent (25%) of deposit and seek any additional expenditures to date, including but not limited to contracted labor, special orders, rentals and/or proposal costs.
(c) If Agreement is terminated within fourteen (14) days of the event we shall be entitled to retain any deposit paid and seek any additional losses including but not limited to contracted labor, special orders, rentals and/or proposal costs.
(d) If an Agreement is drawn within five (5) days of the event, client agrees to pay full event costs.
Should the event be cancelled by Dargin’s Creole Kitchen, we will fully refund any deposit within ten (10) days of the date of cancellation and any other monies paid.
(e) Any corporate event cancellations must be made in writing via email and If cancelled less than 48 hours, the client will be invoiced half of the total event cost to cover prep and food cost.
TAX AND GRATUITY
Tips are not included in our service charge and therefore are at your discretion. For certain catered events, if additional servers are required for the event, a per server charge will be assessed. There will be a per server charge for seated dinners and buffet service events. The charge will be based on guest count. Applicable state sales tax will be applied to all food and beverage purchases. All event staffing is for up to four (4) hours of service.
SPECIALTY SERVICES/RENTALS: If specialty services are required, a service fee will apply. Specialty services may include, but are not limited to event design, the coordination of special ordering outside of current inventory for special linens, dinnerware, ice sculptures, floral arrangements, centerpieces or any other special reception equipment/supplies requested by client. If rental equipment/supplies are needed for the event, a third party vendor will be out-sourced and billed to the client(s) directly. We work with some of the best vendors in Georgia. Additional delivery fees will be assessed for equipment rental drop-off and pick-up.
If you prefer quality plastic plates and cups, these are available for purchase per item. We provide table cloths for the buffet table only at no additional cost for seated full service and buffet service events.
PLEASE NOTE: ALL PRICE POINTS ARE SUBJECT TO CHANGE DUE TO A FLUCTUATING MARKET
TERM OF AGREEMENT
The term of this agreement shall commence upon the execution of the Event Catering Agreement and shall terminate upon caterer’s delivery of the event products and services to the client unless terminated or cancelled earlier as provided herein.
LIABILITY AND DAMAGES
LIMITATION OF LIABILITY: Caterer’s entire liability for any claim, loss, damage, or injury arising under or relating to this agreement is limited to the fees paid by client(s) for the products and services. In no event shall caterer be liable for special, incidental, consequential, or punitive damages, even if client informs caterer or third party catering servers out-sourced to work the event of circumstances that would give rise to such damages.
The Caterer assumes no liability with regard to loss or damage of any personal property of the Host, its exhibitors or guests. Please note that liability for all liquor rests with the purchaser and provider of the alcohol.
GOVERNING LAW: Dargin’s Creole Kitchen and Client(s) agree the laws of the State of Georgia shall govern the validity, construction, and performance of the Agreement, without regard to its conflict of law principles. Any actions relating to the Agreement shall be brought in the State or Superior courts located in and serving DeKalb County, Georgia.
COUNTERPARTS: Client(s) and Dargin’s Creole Kitchen agree that signatures by electronic form, by facsimile transmission or electronic scan are acceptable and shall have the same force and effect as if an original signature.
WEATHER CONDITIONS: In the outcome, an event is planned for the outdoors and inclement weather conditions are pending or existing, the event designer/caterer will make the decision to redesign the layout for indoors. If an indoor facility is not available, then rental of a tent or similar will be the responsibility of the client. If it is necessary to cancel an event due to adverse weather, we will hold all deposits toward an alternate date scheduled within six (6) months of the original event. If an event is not rescheduled within this period, 35% of the initial estimated event cost will be forfeited.
FORCE MAJEURE: The performance of a signed agreement by either party is subject to acts of God, war, government regulations, disaster, strikes, civil disorder, terrorism, and complete curtailment of transportation or the impossibility to substantially perform the agreement. In such an event, the party seeking cancellation pursuant to this section shall give prompt notice. The party seeking cancellation of performance under this provision must exercise due diligence and take all reasonable steps to avoid, remove, and overcome the effects of the force majeure event.