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A. Initial Deposit-Save the Date. Client and Caterer shall book Caterer’s services for a date <br />certain, specifically December 12, 2024, (the “Saved Date”). Client and Caterer have <br />determined that the anticipated headcount is 75 and the per person cost is $66.38, for an <br />anticipated total cost of $4,978.78. Contemporaneously with the execution of this Contract, <br />Client shall make an Initial Deposit of thirty percent of the anticipated total cost or $1,493.63. <br />Client understands that this Initial Deposit is NON-REFUNDABLE and has been fully <br />earned by Caterer. <br />B. Final Payment. Thirty (30) days prior to the Saved Date, Client and Caterer shall finalize the <br />headcount, menu and any other outstanding decisions or actions. Client and Caterer will <br />determine the anticipated headcount and the per person cost. This calculation shall be <br />memorialized in a writing executed by Client and Caterer. Contemporaneously with the <br />execution of this writing, Client shall make the Final Payment (after application of the Initial <br />Deposit) of the remaining balance due and payable. Client understands that this FINAL <br />PAYMENT is NON-REFUNDABLE. Client understands that all non-refunded amounts <br />have been fully earned by Caterer. <br />C. Reconciliation Payment. In the event that the headcount increases after the Final Payment is <br />made, Caterer shall be entitled to a Reconciliation Payment which shall be made not less than <br />five (5) business days prior to the event. <br />5. CANCELLATION AND CHANGES. Client and Caterer understand that circumstances, including <br />those beyond the control of either may happen. In such matters, the following shall control: <br />A. Cancellation or Reschedule after Initial Deposit-Save the Date but Before Final Payment <br />If the event is canceled for any reason after the Initial Deposit has been made, but before the <br />Final Payment has been made, Caterer shall be entitled to retain the Initial Deposit as earned <br />and this Contract shall be terminated without further obligation owed by one party to the other. <br />If the event needs to be rescheduled, Caterer and Client shall work in good faith to change the <br />Saved Date, in which case, this Contract shall be modified but not terminated. If a new Saved <br />Date cannot be determined, this Contract shall be terminated without further obligation owed <br />by one party to the other. <br />B. Cancellation after Final Payment. If the event is canceled for any reason after the Final <br />Payment has been made, Caterer shall be entitled to retain one hundred percent (100%) of <br />the total compensation received. Caterer shall remit the food and beverage in unprepared or <br />uncooked form to Client if food and beverage have been ordered. <br />C. Change in Headcount. In those cases where the headcount changes after the Final Payment <br />has been made, Caterer will use its best efforts to accommodate the change. Caterer shall be <br />entitled to a guaranteed minimum equal to seventy percent (70%) of the headcount as <br />determined and memorialized with the Final Payment. In those cases with: <br />i. an increase in the headcount, Caterer shall be entitled to the Reconciliation Payment as set <br />forth above; <br />ii. a decrease in the headcount of less than fifteen percent (15%), Caterer shall be entitled to <br />one hundred percent (100%) of the Final Payment; <br />iii. a decrease in the headcount of more than fifteen percent (15%), Caterer shall be entitled to <br />an equitable amount but in no case less than the guaranteed minimum. <br /> <br /> <br />DocuSign Envelope ID: 3A9BFAC5-5C56-43AF-8401-DE3D9245565F