BY REQUESTING OR ORDERING SERVICES PROVIDED BY COHOST LLC (“Cohost,” or “we”, “us”, “our”), YOU REPRESENT AND WARRANT THAT YOU HAVE READ THESE TERMS & CONDITIONS (this “Agreement”) AND AGREE TO THE TERMS HEREIN. IF YOU DO NOT AGREE TO BE BOUND TO THIS AGREEMENT, YOU ARE NOT PERMITTED TO UTILIZE ANY OF THE SERVICES THAT WE PROVIDE.
We may change the terms of this Agreement at any time. The latest version of this Agreement can be accessed at any time by going to the “Terms & Conditions” link at https://cohostevents.foodstorm.com/content/page/terms (our “Webpage”). You agree to check this page for changes to this Agreement before requesting or ordering Services from Cohost. By requesting, using, or continuing to use one or more Services offered by Cohost after changes are made to this Agreement, you agree to be bound by such changes to this Agreement.
1. SERVICES PROVIDED
After you submit an online request for Cohost to provide catering services (the “Services”) at your event (your “Event”), a Cohost event specialist will review the details and contact you regarding availability, additional charges related to the Services ordered for your Event, and payment instructions. By clicking “Pay Now” on the confirmation and invoice sent to you by Cohost (your “Order Confirmation”), you are agreeing to engage Cohost to provide you with the Services at your Event as further described in your Order Confirmation and pursuant to the terms of this Agreement.
2. CHANGES TO CLIENT EVENT
Once you pay for the Services (the “Change Deadline”), your Event is considered booked. No decreases or removals will be allowed after the Change Deadline. While Cohost will do its best to accommodate any increases or additions submitted after the Change Deadline, any increase or addition requested after the Change Deadline is subject to availability of the Cohost team, and as a result, accommodation cannot be guaranteed. In the event Cohost can accommodate any change(s) requested after the Change Deadline, you will incur additional fees (each, a “Change Fee”) as follows:
· Client change(s) received by Cohost within forty-eight (48) hours but prior to twenty-four (24) hours before your Event date: $125 fee
· Client change(s) received by Cohost within twenty-four (24) hours before your Event date: $150 fee.
3. STAFFING CHANGES
At any time after the Change Deadline, if staff is requested to stay at the event beyond the agreed Event time, additional time will be charged at one and one-half times (1.5x) the staff rate listed in the Order Confirmation and will be billed to you in 30-minute increments. If, by the Change Deadline, you have not requested staff for your Event, and you subsequently require and request staff for your Event, staff time will be charged at one and one-half times (1.5x) the staff rate of $35/hour, which will be billed to you in 30-minute increments (with a five (5) hour minimum). Cohost cannot guarantee that staff will be able to stay after the agreed Event time as such accommodation is subject to staff availability and both staff and management discretion.
4. EVENT DATE CHANGES
Upon your request, Cohost may agree to change the Event date on which the Services for your Event are scheduled in Cohost’s sole and absolute discretion. If you request that the Event date be changed, and if a mutually agreed upon Event date can be found, Cohost may agree to move the Event date and apply previous payments to the new Event date. You understand, acknowledge, and agree that changing your Event date may result in increases to the prices and rates quoted for the Services in the Order Confirmation.
5. GRATUITY
Unless specifically requested by you, gratuity for wait staff, bartenders, delivery person(s) and other service staff will not be included in the Order Confirmation for your Event. Event staff will graciously accept any gratuity paid to such staff on the event day.
6. CANCELLATION & REFUND POLICY
After the Event is booked, cancellations will not be permitted. ALL PAYMENTS MADE TO COHOST ARE NON-REFUNDABLE. Notwithstanding the foregoing, if Cohost cannot fulfill its obligations under this Agreement, Cohost agrees to locate and retain a replacement catering company to perform the same or similar Services at your Event at no additional cost to you or refund your money in full.
7. FOOD SAFETY DISCLAIMER
You understand, acknowledge, and agree that food served as part of the Services at your Event: (i) will be prepared by a third party, (ii) will not be prepared by Cohost or Cohost staff, (iii) will have been removed and transported from a third-party restaurant kitchen prior to the event, and (iv) will be on display as a buffet for the duration of your Event. You and your guests are each fully responsible for removing and safely storing any leftover food items taken from the premises after your Event. You agree to release Cohost and its members, managers, employees and staff from any liability with regard to: (i) food-borne illness derived from food prepared by a third party and (ii) possible spoilage or food-borne illness derived from leftover food taken by you or any of your guests after your Event. Please be aware that consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of food-borne illness. Order at your own risk. Cohost has no control over the staff utilized by the restaurant in preparing your order and cannot guarantee that any or all of such staff are free of contagious illness that could be transmitted via food or beverage.
8. PROPERTY DAMAGE DISCLAIMER
You understand, acknowledge, and agree that Cohost is not responsible for personal property belonging to you or any of your guests attending your Event, unless such damage, theft or loss to personal property is directly caused by Cohost or its staff. You agree to release Cohost and its members, managers, employees and staff for any damage, theft, or loss of property occurring at the Event that is caused by persons attending your Event as guests.
9. LIABILITY WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL COHOST BE HELD LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY.
10. COHOST USER ACCOUNT
By signing up, registering, and maintaining an active web account with Cohost ("Account"), you are acknowledging that you are at least 18 years of age. Account registration requires that you submit certain personal information to Cohost, such as your name, physical address, billing address, email address, phone number, and company, the collection and storage of which, is governed by our Privacy Policy. You acknowledge, understand, and agree that you are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You do not have to have an Account to utilize Services provided by Cohost.
11. LEGAL COMPLIANCE & INSURANCE
Cohost and its event staff work in compliance with all applicable local health department rules and regulations relating to food preparation, food service, and alcoholic beverage service. All Cohost event staff are certified to serve alcoholic beverages as required by the Texas Alcoholic Beverage Commission. Cohost has a general liability insurance policy and shall maintain such policy in full force and effect for the duration of this Agreement.
12. FORCE MAJEURE
In no event shall Cohost be responsible or liable for any failure to provide you with any or all of the Services due to, directly or indirectly, forces beyond Cohost’s control, including, without limitation, war, terrorism, riot, strike, epidemic, natural catastrophes, government shut down, inclement weather or acts of God.
13. INDEMNIFICATION
You agree to indemnify, release, defend, and hold harmless Cohost and its members, managers, and staff any and all claims, suits, controversies, damages, judgments, demands or any other action whatsoever in law or equity (including, without limitation, court costs, reasonable attorneys’ fees, and other pecuniary compensation), whether brought by third-party claim or otherwise, that directly or indirectly, arises or results from: (i) liability and damages attributable to the intentional or negligent acts of Client or any of Client’s guests at the event and (ii) any breach by Client of this Agreement. This provision shall survive the termination of this Agreement.
14. COHOST E-MAIL LIST
By selecting the box stating “Email me offers and promotions from Cohost,” you understand, acknowledge, and agree that you will be subscribed to Cohost’s mailing list, and you are authorizing Cohost to send you electronic mail advertisements at the email address you provide to us until such time as you elect to change your contact information, you unsubscribe from our mailing list, or we remove you from our mailing list. You may remove yourself from our mailing list and at any time by clicking the link to unsubscribe at the bottom of any email sent to you from Cohost.
15. ASSIGNMENT
This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.
16. SEVERABILITY
If any provision of this Agreement shall be determined by a court to be unenforceable in any respect, such provision shall be deemed amended to be enforceable to the maximum extent then permitted by applicable law, and the remaining provisions of this Agreement shall not in any way be affected thereby.
17. NOTICE
All communications and notices required or permitted by this Agreement shall be in writing, delivered by electronic mail, and shall be deemed to have been given when receipt of such electronic communication is confirmed. For purposes of providing notice, Cohost may be contacted at events@cohostcatering.com.
18. AUTHORITY
By submitting an online request for Cohost to provide Services at your Event, you represent and warrant to Cohost that you are duly authorized and have legal capacity to engage Cohost to provide the Services at the Event.
19. JURISDICTION & VENUE
This Agreement shall be interpreted according to the laws of the State of Texas, and any legal action arising from this Agreement shall be filed in Dallas County, Texas.
20. ENTIRE AGREEMENT
This Agreement, along with the Cohost Confirmation, constitutes the entire agreement of the parties with respect to the subject matter herein, and supersedes any & all prior agreements, understandings, statements, or representations, either oral or in writing.