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TERMS AND CONDITIONS DEPOSIT Fifty percent (50%) of the estimated contract cost is due to reserve the date, to be deducted from the Total Final Payment, unless otherwise prior agreements were made. FINAL PAYMENT AND PAYMENT METHOD Final payment due 7 days prior to event date (cash, credit) accepted. Payment by credit card will be subject to a service fee of three percent (3%) per transaction amount. GUEST COUNT The Final Guest Count, which cannot be reduced, must be done 5 (five) days before the event date. Any additional Guest after the indicated period will be subject to extra costs that may be imposed by the SUPPLIER. The CUSTOMER will only be charged for the guaranteed number of guests served. If If more guests are present than the guaranteed guest count, the PROFESSIONAL will charge the CLIENT for the excess amount, unless prior awake. There are no credits or refunds for less than expected consumption. AMOUNT OF FOOD AND REMAINS CATERER will prepare between five and ten percent (5%-10%) overage based on the final guest count number recorded by the CUSTOMER. Part of this surplus includes food for employees and/or service providers. THE CUSTOMER will not be charged for this. According to the appropriate Health Codes, CATERER reserves the right to discard any leftover food, after the time agreed at the event, where there is reasonable risk of occurrence of foodborne illnesses. TIME CUSTOMER will be charged for additional staff hours for any extension of time beyond the previously agreed time. CHANGE OF EVENT DATE OR LOCATION CATERER will apply the entire balance of the CUSTOMER's deposits and prepayments to another event, subject to the availability. All costs are subject to change. CANCELLATION BY: CUSTOMER / LOCATION / ACTS OF GOD All prepayments and deposits will be refunded in full (minus any credit card fees) if the event is canceled by the CLIENT, the venue or an act of God, 60 days or more from the date of the event. Deposits for cancellations less than 60 days before the event date will be forfeited in full or may be applied to another event date within one year of the original date. DAMAGE. In the unlikely event that damage occurs to any CATERER property as a result of any CUSTOMER-related guest, CUSTOMER agree to assume all responsibilities and expenses and agree that, in addition to any other rights against such guest or others, CATERER may charge the CUSTOMER for all these charges. The CLIENT shall indemnify, defend and exempt CATERER and its officers, directors, partners, affiliates, members and employees from and against all demands, claims, damages to persons and/or property, losses and liabilities, including reasonable attorneys' fees (collectively "Claims") arising from or caused by CUSTOMER's negligence or willful misconduct. TAXES. The CUSTOMER will be charged the current applicable rate for all services provided, as determined by the government body in question APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the United States. IN WITNESS WHEREOF the parties have caused this Agreement to be duly executed on their behalf by a duly authorized representative from the date initially established above. __________________________________________ CUSTOMER (PRINT) SIGN DATE-Thanks, La Dolce Vita Events in Boston
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