Terms and Conditions
This Catering Agreement ("Agreement") is entered into between Side By Side Coffee LLC ("Caterer") and the company or individual purchasing coffee catering services ("Client"). Caterer and Client may be referred to individually as a "Party" and collectively as the "Parties." This Agreement governs the catering services to be provided by Caterer for the event identified in the quote and booking confirmation provided to Client (the "Event").
1. Event Details
Client is hiring Caterer to provide coffee beverages and related services for the Event as identified on Client’s online booking form and confirmed on the Booking Confirmation Page.
Any changes to Event details must be submitted directly to Side By Side Coffee in writing at least seven (7) days prior to the Event start time and may require additional payment, subject to Caterer availability.
2. Menu
The Parties have agreed to the menu outlined below. Caterer reserves the right to make reasonable substitutions or minor adjustments to the menu if key ingredients are unavailable due to circumstances beyond Caterer’s control.
Drinks
Espresso
Americano
Cappuccino
Latte
Mocha
Matcha Latte
Hot Chocolate
Assorted Teas
Syrups
Vanilla
Chocolate
Maple
Hazelnut
Options
Whole Milk and Oat Milk
Hot and Iced
Decaf
3. Coordination With Venue
Caterer requires access to the Event venue no later than one (1) hour prior to the Event start time and one (1) hour after the Event end time for cleanup and load-out. Client is responsible for arranging such access at Client’s expense.
Caterer may set up coffee carts and equipment outdoors only when weather conditions are suitable, including no precipitation and temperatures between 40°F and 90°F. Espresso equipment does not function properly in extreme temperatures. Client is responsible for providing an appropriate indoor backup location if weather conditions become unsuitable.
4. Payment Terms
Full payment (100% of the total estimated cost) is due at the time of booking to secure the Event date. Payment may be made by credit card or check. Checks should be made payable to Side By Side Coffee LLC and mailed to:
154 Braintree St
Portland, ME 04103
The Event is not considered confirmed and Caterer is under no obligation to perform services until full payment has been received.
For select corporate, institutional, or multi-day events, Caterer may, at its sole discretion, approve alternative payment arrangements in writing. Any approved alternative payment terms must be documented in writing and agreed to by both Parties.
Client agrees to notify Caterer if the estimated number of guests changes from the original booking. Any changes should be communicated in writing as soon as possible. Caterer may adjust staffing, supplies, or pricing accordingly, and any additional charges will be reflected in a revised estimate provided to Client.
5. Responsibilities for Related Costs and Power Requirements
Client is solely responsible for all venue-related costs, fees, deposits, permits, permissions, and approvals required for Caterer to provide services at the Event location.
Client must provide adequate electrical power consisting of one (1) dedicated 120V / 15-amp circuit per espresso machine. Caterer will supply extension cords and power strips. For standard 120V connections, Caterer must be located within 25 feet of the power source.
If adequate power is not available, espresso machines and grinders may malfunction or sustain damage. Espresso-based drinks cannot be served without proper power, and no refund will be issued in the event of an inadequate or unsafe power supply. Caterer is not responsible for damage caused by venue electrical issues.
6. Insurance
Caterer maintains general liability insurance applicable to its services at the Event. A certificate of insurance may be provided upon request.
7. Indemnification
Client agrees to indemnify and hold harmless Caterer from and against any loss, damage, theft, or expense, including reasonable attorneys’ fees, arising from damage to Caterer’s property caused by the negligence or misconduct of Client, Client’s guests, or Client’s staff.
8. Cancellation
Client understands that by booking the Event, Caterer is reserving a specific date, staffing, equipment, and perishable inventory. All payments are final.
If Client cancels the Event for any reason, no cash refunds will be issued.
If Caterer is able to rebook the cancelled Event date with another client, Caterer may, at its sole discretion, issue a refund equal to the amount collected for the rebooked date, not to exceed the amount originally paid by Client, less any non-recoverable costs already incurred.
If the Event date is not rebooked, the amount paid may, at Caterer’s sole discretion, be issued as a credit toward a future event, provided the future event is scheduled within twelve (12) months of the original Event date.
Client remains responsible for the cost of any custom branding, specialty items, or other non-refundable products ordered on Client’s behalf, which are not eligible for refund or credit.
9. Rescheduling
Caterer prefers rescheduling over cancellation when possible.
Rescheduling requests must be submitted in writing and are subject to Caterer availability. Approved reschedules will result in the amount paid being applied as a credit toward the rescheduled Event.
Single-day events: Must be rescheduled with at least seventy-two (72) hours’ notice.
Multi-day events: Must be rescheduled with at least seven (7) days’ notice.
Requests made outside of these timeframes will be treated as a cancellation and governed by Section 8. Rescheduled Events may be subject to updated pricing based on current rates and scope.
10. Limitation of Remedies
If Caterer is unable to perform its obligations due to circumstances beyond its reasonable control, including but not limited to acts of God, weather conditions, illness, equipment failure, power failure, or venue-related issues, Caterer may, at its discretion, either:
(a) secure a comparable replacement catering service at no additional cost to Client (with Client’s written consent), or
(b) refund all amounts paid by Client.
Caterer shall not be liable for any additional damages, losses, or compensation beyond the remedies stated above.
11. Resolution of Disputes and Client Feedback
Caterer strives to provide an excellent experience for all clients and guests. If Client has concerns regarding the services provided, Client agrees to notify Caterer in writing and allow a reasonable opportunity to address and resolve the issue prior to posting public reviews or statements related to the Event.
12. Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the state and county in which the Event takes place.
13. Independent Contractor
Caterer is an independent contractor and not an employee, partner, joint venturer, or agent of Client or the Event venue. Caterer shall maintain sole control over the manner and means of performing its services and shall be responsible for all taxes, insurance, and obligations related to its business operations.
14. Force Majeure
Neither Party shall be liable for failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, severe weather, fire, power outages, equipment failure, illness, epidemic or pandemic, government orders, labor disputes, supplier failures, or venue-related issues (each, a "Force Majeure Event"). The affected Party shall provide prompt notice and use reasonable efforts to resume performance as soon as practicable. In the event of a Force Majeure Event, Caterer’s obligations shall be suspended to the extent impacted, and Caterer may offer rescheduling or a refund in accordance with Section 10.
15. Assignment
Client may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Caterer. Any attempted assignment without such consent shall be void.
16. Attorney’s Fees
In the event of any legal action arising out of or relating to this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and costs.
17. Waiver
The failure of either Party at any time to enforce any provision of this Agreement shall not be deemed a waiver of that Party’s right to enforce such provision at a later time.
18. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
19. Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to the services described herein and supersedes all prior discussions, representations, or agreements, whether written or oral. Any amendments must be made in writing and agreed to by both Parties.