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Terms and Conditions

This Catering Services Agreement, hereinafter referred to as “Agreement,” is entered into and made effective by and between Dine by Design with Pique-Nique (“Caterer” or “DDPN”), a Nevada corporation, organized under the laws of the state of Nevada, having its principal place of business at 9734 Pachuca Dr. Reno, NV 89521 and Client. Client and DDPN may be referred to individually as “Party” and collectively as the “Parties.”
WHEREAS, Client wishes to retain DDPN to provide certain Catering Services (as defined below);
WHEREAS, DDPN has the skills, qualifications, and expertise required to provide the Catering Services to Client;

WHEREAS, Client agrees to hire DDPN as a professional Chef.
WHEREAS, DDPN wishes to render such Catering Services to Client.
NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:
Article 1 - DEFINITIONS: As used in this Agreement
A) “Event” or “Event Date” shall be used to refer to date and time for the picnic/event to occur, as agreed upon in advance by DDPN and Client.
B) “Catering Services” shall be used to refer to the following Packages that DDPN will provide to the Client under the terms and conditions set forth herein (check all that apply):
a. Romance is in the air ($259 for two persons plus $40 for each additional person);

b. Lady’s Night ($259 for two persons plus $40 for each additional person);

c. Bohemian ($259 for two persons plus $40 for each additional person);

d. Fun in the Sun ($259 for two persons plus $40 for each additional person);

e. Sunset ($259 for two persons plus $40 for each additional person);

f. Pretty and Pink ($259 for two persons plus $40 for each additional person);

g. Baby Blues ($259 for two persons plus $40 for each additional person);

h. Ocean Vibes($259 for two persons plus $40 for each additional person);

i. Tahoe($259 for two persons plus $40 for each additional person);

j. Custom Picnic ($259 for two persons plus $40 for each additional person);

k. add-ons: see website for items and pricing.
C) “Event Details” shall be agreed upon by DDPN and Client and shall include the Package Selected, Date and Time of the Event, Location or Address of the Event, and number of guests anticipated to be in attendance at the Event.
D) “Contract Price” refers to the total amount to be paid by Client to DDPN to provide Catering Services for the Event.
Article 2 - CONTRACT PRICE: Subject to the terms and conditions of this Agreement, DDPN hereby agrees to render the Catering Services to Client at the Event described herein, utilizing all of the Event Details as directed, and Client agrees to pay DDPN the Fees constituting the total Agreement amount as quoted in advance by DDPN for the Catering Services, and subject to the following terms and conditions set forth at Articles 3 and 4.
Article 3 - FEES: Client agrees to pay the Caterer the Contract Price subject to the following terms and conditions:
A) “Fees” shall be used to refer to the payment Client will pay DDPN for the rendering of the Catering Services and shall include, without limitation, a charge of $259.00 for two (2) persons plus $40.00 for each additional guest.
B) Payment Due: Payment of the Contract Price is due at the time of signing this Agreement.
C) Method of Payment: DDPN accepts Credit Card (AMX, Visa, MasterCard), or Debit Card.
D) Tax Statement: Any and all charges payable under this Agreement are exclusive of taxes, surcharges, or other amounts assessed by state or federal governments. Taxes imposed upon or required to be paid by Client or DDPN shall be the sole and exclusive responsibility of each, respectively.
Article 4 - EVENT CHANGES AND CHARGES: DDPN will prepare for the number of guests set forth under Event Details. Changes to the number of guests, menu items, Event Date, or venues must be made no later than seventy-two (72) hours prior to the Event Date. A change made within seventy-two (72) hours of the Event Date shall be subject to the following additional charges: (1) $40.00 for each person added and (2) 50% of total booking rescheduling fee for a change of the Event Date unrelated to bad weather. There is no charge for a change of the Event Date caused solely by bad weather forecasted for the Event at the booked location on the Event Date. DDPN shall have the sole and absolute discretion to determine whether an Event may be rescheduled due to bad weather. If DDPN determines in its absolute discretion that Client may reschedule the Event Date due to low temperatures and Client decides not to reschedule, DDPN will provide one (1) blanket for each guest. If Client arrives to the Event more than fifteen (15) minutes late, Client agrees to pay (and for the credit card on file to be charged) $20.00 for each additional each quarter (1/4) hour (or any portion thereof) until the Client arrives. Client further understands that, in the event of a late start caused by Client’s tardiness, the time set for the end of the Event shall remain unchanged.
Article 5 - MENU: DDPN’s Packages are designed to simplify the planning process. Please inquire about our DDPN customized menu options available for those who have food allergies. Due to fluctuating market conditions, prices are subject to change with notice until your commitment date. A late charge may be assessed for deviations from scheduled times. DDPN shall be permitted to make small changes to the Menu if ingredients cannot be found after reasonable effort.
Article 6 - ALCOHOL AND BARS: DDPN is not licensed to sell alcohol for profit or to accommodate cash basis bars. Accordingly, DDPN requires that all alcohol be purchased from a licensed third-party vendor and that payment be made separately to the third-party vendor. The State Liquor Control Board regulates alcoholic beverages and our bartenders are trained to use their discretion in the distribution of alcohol. Client hereby knowingly waives any claim or argument against DDPN that DDPN has any responsibility for any mishap or accident resulting from the misuse or over consumption of alcoholic beverages before, during, or after the Event. At Client’s discretion, Client may coordinate with DDPN to have DDPN deliver alcohol from the Event. DDPN must be notified not less than seventy-two (72) hours prior to the Event Date that it is to deliver alcohol from the event. DDPN charges a $25.00 Handling Fee for the delivery of alcohol from all events.
Article 7 - STAFF OR EMPLOYEES: DDPN shall only utilize the DDPN staff or employees to assist in the provision of the Catering Services, and the use of these individuals is hereby approved and agreed to by Client.
Article 8 - LEFTOVER FOOD: DDPN will provide to-go containers for any food other than charcuterie.
Article 9 - COMPLIANCE WITH STATE AND FEDERAL LAW: DDPN shall comply with all local, state, and Federal laws regarding the preparation and service of food.
Article 10 - WARRANTIES: DDPN represents and warrants that it will perform the Catering Services using reasonable care and skill for a caterer in their field.
Article 11 - SOCIAL MEDIA: Client hereby authorizes DDPN to post and repost photos and/or comments shared by Client on Client’s social media.
Article 12 - INDEMNITY, INSURANCE, AND DUTY TO DEFEND: Client does hereby release, remise, acquit, discharge, covenant not to sue, agrees to defend, indemnify, and hold harmless (including costs, claims costs, medical bills, attorney’s fees, and other claims or litigation expenses) DDPN from and against any and all liability, claims, demands, actions or causes of action, damages, suits, debts, sums of money, accounts, reckonings, bonds, bills, trespasses, damages, judgments, executions, claims and demands whatsoever in law or in equity, for, upon or by reason of any matter, cause or thing whatsoever, including but not limited to any physical or mental injuries or death, which may be brought or is otherwise threatened or incurred as a result of the Event, Client’s use of DDPN’s equipment (such as, without limitation, Slackline, Cornhole, Paddle Boards, or hammocks) or Catering Services rendered pursuant to this Agreement, any transaction or matter connected with the Event or Catering Services, or the relationship between DDPN and Client. This clause shall not be read to provide indemnification for any Party in the event that a court of competent jurisdiction rendering a final judgment holds that the bad faith, gross negligence, or willful misconduct of a Party caused the damage, liability, or loss.
Article 13 - LIMITATION OF LIABILITY: Except in cases of death or personal injury caused by DDPN’s bad faith, gross negligence, or willful misconduct, as determined in a final judgment by a court of competent jurisdiction, DDPN’s liability to Client in contract, tort or otherwise arising through or in connection with this Agreement, or through or in connection with the completion by DDPN of its obligations under this Agreement, shall be limited to Fees paid by the Client to DDPN. To the extent it is lawful, DDPN shall not be liable to the Client in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by Client or any guest of Client of a direct or indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.
Article 14 - COVID-19: Client understands that there is still the possibility of persons contracting COVID-19 and that the possibility exists that a person in attendance at the Event may claim that he or she contracted COVID-19 at the Event. In that case, Client agrees to defend, hold harmless and indemnify (including costs, claims costs, medical bills, attorney’s fees, and other claims or litigation expenses) DDPN from and against any and all liability, further loss, damages, or expenses incurred because of any legal action or threat of legal action which may be brought, or is otherwise threatened, against Client by a person claiming to have contracted COVID-19 at the Event or from persons attending or catering the Event. DDPN and Client agree to follow any and all safety policies and protocols regarding COVID-19 as directed by the State the event takes place in and, as applicable, the Federal government to minimize contraction of the disease.
Article 15 - INSURANCE: DDPN agrees to carry general liability insurance throughout the duration of the Parties’ relationship protecting against bodily injury, property damage, and personal injury claims arising from the performance by DDPN of its obligations under this Agreement.
Article 16 - BREAKAGE: Client shall be liable for any and all damage to DDPN’s supplies and equipment caused by persons other than DDPN staff or employees, and hereby agrees and consents that DDPN may charge to Client’s credit/debit card on file with DDPN the full replacement cost of such damaged items.
Article 17 - TERMINATION OF AGREEMENT: This Agreement will terminate at the conclusion of the Event. This Agreement may also be terminated by DDPN if it is unable to perform its duties hereunder. DDPN may also terminate this Agreement if the Client fails to pay any requisite Fees or Deposit(s). DDPN may terminate the Agreement immediately, with no notice period, in writing.
Any termination under this subpart shall not affect the accrued rights or liabilities of either Party under this Agreement or at law and shall be without prejudice to any rights or remedies either Party may be entitled to. Any provision or subpart of this Agreement which is meant to continue after termination or come into force at or after termination shall not be affected by this subpart.
Article 18 - CANCELLATIONS. In the case of a cancellation, Client shall have the option to reschedule the Event within a calendar year of the Event Date. DDPN offers no guarantee that the date and time to which Client may wish to reschedule the Event will be available. If Client fails to reschedule the Event Date as outlined herein, DDPN will be entitled to retain (and shall be deemed to have earned) half (1/2) of the Contract Price. In the event a Client fails to appear at the Event, DDPN shall be entitled to retain (and shall be deemed to have earned) the full amount of the Contract Price.
Article 19 - RELATIONSHIP OF THE PARTIES: The Parties hereby acknowledge that nothing in this Agreement is intended to create or constitute a joint venture, partnership, agency, trust, or other association of any kind between the parties or persons referred to herein. DDPN is an independent contractor of Client under this Agreement. In all matters relating to this Agreement, each party hereto shall be solely responsible for the acts of its employees and agents, and employees or agents of one party shall not be considered employees or agents of the other party. Except as otherwise provided herein, no party shall have any right, power, or authority to create any obligation, express or implied, on behalf of any other party.
A) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the state of Nevada and any applicable Federal law. Both Parties consent to jurisdiction under the state and federal courts within the state of Nevada. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.
B) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
C) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by either Party.
D) AMENDMENTS: This Agreement may only be amended in writing signed by both
E) NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.
F) SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.
G) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
H) HEADINGS: Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
I) COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute a single agreement.
J) FORCE MAJEURE: DDPN is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
K) NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: i) Any notice to be given under this Agreement shall be in writing and sent by first-class mail or email, to the address of the relevant Party or to the relevant email address set out below or other email address as that Party may from time to time notify the other Party in accordance with this clause. The relevant contact information for DDPN is as follows:
Dine by Design with Pique-Nique
9734 Pachuca Dr. Reno, Nevada 89521
Client shall provide a mailing address and email address to DDPN at the time of signing this Agreement. Notices sent by First Class Mail shall be deemed to have been received three (3) working days after the day of posting or, if sent via email, the next working day after sending.
In proving the giving of a notice it shall be sufficient to prove that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched and dispatch of the transmission was confirmed and/or acknowledged as the case may be.
Client acknowledges that by clicking the “ I have read and agree to the terms above” button, Client is agreeing to all of the terms and conditions of the DPC Catering Agreement including, without limitation, the ALCOHOL WAIVER set forth at Article 6.

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