Terms & Conditions
Clients will receive confirmation within 24 hours of ordering online. If you do not receive a confirmation email from us, please give us a call at 303-707-0909 to confirm we received your order. For orders placed on Saturdays and Sundays, please allow until 12:00 on Monday for order confirmation.
Contracts will be considered verified & confirmed and that all stipulations and conditions apply if payment is received, even if the contract itself has not been signed.
MENU SELECTION
Encore reserves the right to make substitutions and/or remove menu items based on product availability. To ensure the availability of menu items, please try to submit your selection at least 48 hours prior to the time needed. If a function arises after that time, we will do our best to accommodate you. Orders received after 3:00 pm the previous day will incur a 10% surcharge.
While we are committed to accommodating all dietary restrictions and preferences, please note that our kitchen may contain allergens. We will take all necessary precautions to minimize the risk of cross-contamination whenever possible.
PRODUCTION FEE
A 21% Production fee will be added to all staffed events. This cost covers the planning of an event from menu planning, coordinating with vendors, walk throughs, equipment that is not specifically listed yet required to bring the restaurant experience to you.
DELIVERY AND LABOR
Delivery charges begin at $75 for the Denver Metro Area. An additional charge may be applied to deliveries made outside the Denver metro area, or for large orders that require two staff members to deliver. Holidays & late-night deliveries may incur additional delivery charges.
Our delivery drivers will arrive approximately 45 minutes prior to the scheduled event time allowing proper set-up for hot buffets and 15 minutes for executive box delivery.
Breakfast pick-up times are between 10am & noon. Lunch pick-up times are between 2pm-4pm. Pick-ups that require a second return for any reason will incur an addition.
Clients who request a delivery window of less than 2 hours may incur an additional fee.
Encore reserves the right to pick up late night or weekend orders on the following business day. If the client requires pick up after hours, Encore will require staffing for the event.
MINIMUM
A $500.00 Minimum order is requested for all standard delivery orders. Deliveries outside standard times may incur an additional fee. Minimum is the cost of food & beverage, before any taxes & fees.
Sales tax is calculated at the applicable rate effective at the point of delivery. Sales Tax Exempt accounts are required to submit proof of Tax Exemption from the State or IRS to Encore to receive tax exemption. If the appropriate documentation is not provided, the client will be billed for applicable taxes.
PAYMENT AND DEPOSIT
A $500 non-refundable deposit is required to reserve your date.
A second payment of 50% of the remaining balance is due 60 days prior to the event with the remaining balance due 5 business days prior to the event unless payment terms have been negotiated outside of this contract.
Encore requires all clients to provide a credit card to keep on file as security of payment even if alternate payments methods have been arranged.
STAFF BONUS
Staff Bonus may be added at any time at the client's discretion. Bonuses are pooled and shared.
DISPLAY RIGHTS
Client gives irrevocable and unrestricted permission to use and publish photographs of client event including all catering aspects, décor and client space for marketing purposes on the internet or print. Client acknowledges that this is for promotional purposes only and do not expect any compensation of any kind.
CATERING CANCELLATION POLICY
In the event that the Client is forced to change the date of the event, Encore will make every effort to transfer reservations and sub-contractors to the new date.
The client agrees that in the event of a date change any expenses including but not limited to deposits and fees that are non-refundable and non-transferable are the sole responsibility of the client. If Encore is not available on the requested reschedule date, Encore agrees to work with Client to ensure an equitable solution can be found.
Encore will hold monies already paid to apply to the rescheduled event as long as it is rescheduled within 6 months of the original date.
Substitutions may be necessary due to supply chain and/or product availability. If a substitution is necessary, Encore will do the best we can to match the original theme of the menu and pricing.
The Caterer's responsibility is limited to items covered in the last accepted proposal by client. Any additional items are at client's expense.
In the event of a weather-related cancellation by the Client where the Client is unable to reschedule their event, the Client is not automatically entitled to a full refund. Encore will do the best they can to provide an equitable solution.
Should the event be cancelled by Caterer, Caterer will fully refund any deposit within ten (10) days of the date of cancellation less the initial $500 holding deposit. Client shall make reasonable efforts to mitigate damages and obtain substantially similar services.
The caterer will be relieved of its contractual obligations for circumstances beyond its control. These include, but are not limited to blizzards, ice storms, tornadoes, earthquakes, floods, weather that prevents us from getting to you, epidemics or pandemics, mandated closures or acts of God. In such a case, the cancellation clauses may take effect, at the discretion of Encore Catering.
Changes to the menu and guest count can be made up until 14 days prior to the event. After this time Encore Catering will work with you to the best of our ability to accommodate last minute issues.
Should it become necessary for client to terminate this Agreement, the following parameters are in place:
More than 30 days out from the event, caterer shall be entitled to retain any and all expenditures to date, including but not limited to contracted labor, special orders, rentals and/or proposals costs.
5-30 days out, caterer 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 proposals costs.
0-5 days out, client agrees to pay full event costs per bid.
INCLEMENT WEATHER
In Colorado, we can experience severe weather. While we will do our best to arrive on time, the safety of our driving staff is important to us and will be considered. Standard Cancellation Policy Applies.
INDEMNITY
Caterer does not assume or accept any responsibility for damages to the location, loss of personal articles, or broken or unreturned rentals unless specifically caused by the willful negligent actions or conduct of caterer or its staff.
Caterer is not responsible for loss, theft, or damage to any property or equipment, including rental and decor items, client property or that of guests, and property or equipment Client makes available to Caterer for use in connection with the function, or any of Encore's equipment left for Client use at request. Client will be held fiscally responsible for replacement cost of items owned by Encore where Client usage of the property results in theft, loss or damage beyond normal wear and tear.
REGULATORY NOTICES
Caterer abides by all Health Department regulations, including those related to maintaining food at safe temperatures. Any food retained by client is done so in full acknowledgement of any potential risk.
Client agrees to hold Caterer and its staff harmless from any and all damage or loss caused by client retaining and consuming food after an event has taken place. Please note that consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness.
Colorado State Law prohibits caterers from obtaining any liquor license and from buying and reselling alcoholic beverages. Alcohol orders will need to be placed with proper vendors, and payments for such made directly to those vendors.
If the client does not contract Encore to handle outside vendor relations, client will assume responsibility for all aspects of outside orders, including, but not limited to: payment, coordination, delivery, pick up, broken damaged or lost items.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
FORCE MAJEURE
Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion.
Force Majeure is defined as: the performance of this Agreement by either party, in whole or in part, if 40% or more of the guaranteed guests are unable to attend due to the acts of God, war, government regulations, disasters, interruptions in transportation or utilities, food and beverage supplies, fire, accidents, weather, travel restrictions, close of the event locations, strikes or other actual or threatened labor actions, acts or threats of terrorism or similar occurrences where performance of either party to this Agreement, in whole or in part, is made illegal or impossible.
If the Client must cancel the event because of Force Majeure, Encore will apply all deposits and payments received from Client, less all costs incurred by Encore in respect to the planning of the event and actual food and beverage product purchased for the event toward the cost of a future event for Client to be scheduled within six (6) months of the originally scheduled event.
If Client does not schedule another event within six (6) months following such cancellation for a Force Majeure circumstance, Encore shall refund to Group all deposits and payments made, less all costs incurred, in respect to the planning of the event and actual food and beverage product purchased for the event. If such costs exceed the deposits and payments made, Client shall pay the remaining balance as reflected in the invoice.
If Encore must cancel the event due to a Force Majeure, Encore will apply all deposits and payments received from Client toward the cost of a future event for the Client to be scheduled within six (6) months of the originally scheduled event. If Encore is the cancelling party, and Client does not schedule another event within six (6) months following such cancellation for a Force Majeure circumstance, Encore shall refund all deposits and payments made in respect to the planning of the event and actual food and beverage product purchased for the event.