The following "Terms and Conditions" governs you're the services provided by Bold American Food, LLC and Bold American Events, LLC, d/b/a, collectively, as Bold Catering and Design ("BOLD"). This is a legal agreement between you and Bold and incorporates the Event Contract and BEO (collectively, the "Agreement"). By executing the Event Contract and making payment to Bold, you are accepting to be bound to the terms of this Terms and Conditions.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "you" or "your" or "Client" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement. For certainty, "Client", "you" or "your" shall refer to the purchaser of the services and shall also include any agent, representative, independent contractor, employee, servant, attorney and any entity or person who has authority to act on the purchaser's behalf.
ESTIMATED TOTAL EVENT COST/DEPOSITS:
Your Estimated Total Event Cost ("Estimated Total Event Cost") includes BOLD's good faith estimate of all charges applicable to your Event including food and beverage charges, mandatory service charges, applicable taxes, etc. In order to confirm this Agreement, the balance of the Estimated Total Event Cost is due to BOLD with the signed Agreement.
The Client, by signing this Agreement, understands and agrees that BOLD has no obligations to execute this Event if a credit card security deposit or other acceptable form of payment and signed contract have not been returned to BOLD in accordance with the terms of this Agreement. Major credit cards (MasterCard, Visa, Discover, American Express or Diners Club only) or check may be used as payment. There is a three percent (3%) convenience charge for credit cards. Checks (personal or business) will not be accepted fewer than ten (10) business days prior to the Event. Gift Cards may not be used for deposits or any other balance due.
PROPOSALS - BANQUET EVENT ORDERS
All Event details will be finalized approximately two (2) weeks prior to the date of your Event and confirmed in the Proposal - Banquet Event Order (BEO). The BEO will be issued for your approval and signature and is due back no later than one (1) week before your Event date. The BEO will supersede all previous arrangements. Due to seasonality, supply chain delays, or other unusual circumstances out of our control, some items including but not limited to menu ingredients or alcohols, may become unavailable or have unexpected price increases at the time of your Event. Although every effort will be made to adhere to the original price quote provided in this Agreement, in the unlikely event of extreme market fluctuations we must reserve the right to change prices or to make menu or drink substitutions until the BEO has been signed by the Client and returned to BOLD. Any price changes made for these reasons will be discussed with the Client prior to any charges being incurred or changes made. Once the BEO has been approved, any changes made to the Event as requested by the Client may incur additional fees. Therefore, please be sure to review the BEO for your Event very carefully and make all changes you desire before returning the BEO with your signature.
GUARANTEE
The Final Guaranteed Guest Count ("Final Guarantee") for your Event is required no later than ten (10) business days prior to the Event, or as otherwise agreed. The Final Guarantee must be received by your Sales Manager within the regular workweek, Monday through Friday. Guarantees for Monday events will be due on the preceding Monday, Tuesday on the preceding Tuesday and so forth. Saturday and Sunday guarantees are due Friday the week prior to the event date. Final Guarantees not received on this due date will be confirmed at the most current guest count provided in writing to BOLD. The Final Guarantee is not subject to reduction and you will be charged for the number of guests specified in your Final Guarantee or the actual number of guests (based on BOLD's count) that attend your Event, whichever is greater. If there is an increase in the Final Guarantee after the required due date, and BOLD is able to make provisions for the increase in numbers, there will be a twenty percent (20%) surcharge to anything that is added to the BEO. This charge covers rush fees, overtime and courier fees for these late additions.
PAYMENT & BILLING ARRANGEMENTS
Full payment of the then-current Estimated Total Event Cost is due upon execution of the Agreement.
Should you choose to pay any amounts with a credit card you will be sent an email with a link to our third-party payment system used to process credit card payments. A three percent (3%) convenience charge may be added to all payments made with credit card. Any credit card payments will be subject to the terms and conditions provided in the link, and any refunds or cancellation fees, if applicable, will be made through the same system.
Additional charges will apply for addition of guests, services, or other products beyond those specified in this Agreement or the BEO (the "Final Total Event Cost"). In the event additional charges are incurred, Client will be required to make additional payments towards the deposit or the Final Total Event Cost, whichever is applicable. Should any additional charges remain due at the end of your Event resulting in the Final Total Event Cost being greater than the Estimated Total Event Cost you will be sent a second link to pay the remaining balance and any overages by credit card through our third-party payment system; this final balance is due within 5 business days. No personal nor company checks will be accepted within 10 days before or at any time after the Event. Any balance thereafter is subject to 1.5% interest per month.
OTHER VENUE / SITE SPACE/ SCHEDULED EVENT TIMES
Events scheduled, including those events scheduled at other venues and sites, are to end at the contractually agreed upon time unless an extension has been granted. If the Event does not conclude at the contracted time, labor charges, and any additional costs incurred by BOLD will be billed to the Client.
ENFORCEMENT OF THE EVENT CONTRACT
In the event that either party seeks to enforce any provision of this Agreement, including the existence of this Agreement or amounts due under this Agreement, each party agrees, as a material and necessary term of this Agreement, that (1) the non-prevailing party shall be responsible for all costs of litigation incurred by the prevailing party in enforcing this Agreement, which costs may include court costs, all costs of litigation and attorneys' fees; (2) each party consents to and waives any objection to personal jurisdiction and venue in the courts of Fulton County, Georgia; (3) each party agrees to binding arbitration under the Georgia Arbitration Code (O.C.G.A. § 9-1-1 et. Seq.) with a single neutral through the Henning Mediation and Arbitration Service of Atlanta Georgia or another similar service. Client agrees that all accounts not paid in full within thirty (30) days of the date the payment is due shall accrue interest at a rate of one and a half percent (1.5%) per month.
IMPOSSIBILITY OF PERFORMANCE
BOLD will use reasonable best efforts and good faith to fulfill all of its commitments for the Event. However, neither party shall be held liable for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God (inclement weather specifically excluded), Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond such party's reasonable control Such condition must prevent at least seventy-five percent (75%) of both party's attendees (including guests and staff) from attending the Event.
ENTIRE AGREEMENT
This Agreement and the finalized and initialed BEO constitute the entire agreement between the parties and supersede any previous discussion, representations, or agreements between the parties. Any changes to this Agreement or the BEO, including to this paragraph, must be in writing signed by both parties. Any changes, additions, stipulations, or deletions including corrective lining out by either BOLD or Client shall not be considered agreed to or binding to the other unless such modifications have been initialed or otherwise approved in writing by both parties.
INDEMNIFICATION/DAMAGES
BOLD agrees to hold the Client harmless and indemnify the Client for any and all damages, costs, claims or lawsuits arising from the acts and/or omissions of BOLD and any of its agents, employees, and/or independent contractors, including but not limited to, those engaged in providing the services described in this Agreement.
The Client agrees to hold BOLD harmless and indemnify BOLD for any and all damages, costs, claims or lawsuits arising from the acts and/or omissions of the Client and any of the Client's agents, independent contractors and/or guests, including but not limited to, those attending the Event.
The Client is responsible for any damage to BOLD's property caused by Client's guests beyond normal wear and tear.
MISCELLANEOUS
In the event that Client utilizes service providers not provided by BOLD or its affiliates for its event ("Subcontractors"), Client is responsible for payment of those Subcontractors and Client agrees to indemnify BOLD for any damages caused, directly or indirectly, by Client's Subcontractors. Changes may be made to your décor proposal up to fourteen (14) days before your Event as long as you still meet your contracted minimum. At that time, your final floral order will be placed. Charges may be incurred for any deletions or changes after this deadline. Upon receipt by BOLD of this signed Agreement and the required deposit, the calendar space outlined will be converted to definite status and will be binding upon BOLD and Client. BOLD staff members are not responsible for coordinating or directing the wedding rehearsal, the wedding ceremony or the reception. Please consult with your wedding planner for direction. BOLD reserves the right, without limitation and without compensation to the Client, to take photographs or videos, or, in accordance with the terms of your photographer's agreement, to use photographs or videos taken by your photographer at the Event and all Event related activities, for purposes including, but not limited to, publication in newspapers, magazines, and other print media, use in broadcast media, publication via the Internet including all social media, and use in marketing materials used by BOLD.