Terms and Conditions

It’s a Win-Win Catering, LLC is a fully licensed and insured catering company operating at 3555 Dorchester Road, North Charleston, SC 29406

• 50% deposit is required to secure Client’s event date. (Payment Plans are available)

• All changes including final guest count are due 20 days before Client’s event date.

Final payment is due before Client’s event day. Credit cards, cash, and checks are accepted as final payment on our website (www.itsawinwincatering.com)

• Any event canceled by Client within 30 days of the event date, forfeits all reimbursement.

Deposits may be transferred to a future date. If event is postponed due to an emergency, future date availability is not guaranteed, and deposit is non-refundable if future date is canceled.  

It’s a Win-Win Catering, LLC is not responsible for the following:

• Outside Rental Equipment: the set up or breakdown of tables, chairs, or any heavy rentals that are rented through an outside rental company. Please inquire with your rental company on any labor charged related to the set-up and breakdown of rental equipment. Additional service charge fee would apply if It’s a Win-Win Catering, LLC would need to move or breakdown rental company equipment.

• Any missing or damaged rentals not provided by our catering company

• It’s a Win-Win Catering, LLC cannot be held responsible for any food or beverage brought into an event by any party other than It’s a Win-Win Catering, LLC.

 

 

                                                                                                                

                                         3. Guests

3.1 Client agrees to break down and provide caterer with any allergies or special dietary requests, if applicable.

                                        4. Excuse for Non-Performance

 

Excuse for Non-performance:

It’s a Win-Win Catering, LLC’s obligation to perform services shall be excused without liability when prevented by act of God, governmental action, accident, act of war, act of terrorism, or any other condition beyond It’s a Win-Win Catering, LLC’s reasonable control, including, without limitation, weather or Client's breach of any term of this Agreement. It’s a Win-Win Catering, LLC agrees to use commercially reasonable efforts to resume performance of services as soon as practicable following cessation of such condition, excluding Client's breach of any term of this agreement.

In the event it becomes necessary for any person or entity to take or respond to any action, in law, equity, or otherwise, to enforce the terms and conditions of this Proposal, the prevailing party in any such proceeding shall be entitled to its costs and expenses, including its attorney's fees actually incurred in any such action.

                                                              Limitations of Liability and Damages

Limitations of Liability. In no event shall It’s a Win-Win Catering, LLC be liable for any special, indirect, consequential or incidental damages arising out of this agreement or otherwise, regardless of whether It’s a Win-Win Catering, LLC had notice of the possibility of any such loss or damage.

 

 

Limitations of Damages. The total liability of It’s a Win-Win Catering, LLC for any claim or damage arising from or otherwise related to this Agreement, whether in contract or in tort, shall be limited to direct damages that shall not exceed the amount Client paid to It’s a Win-Win Catering, LLC  for the services.

 

                                                                            Indemnification

Client Obligations: Client shall protect, defend, indemnify and hold , and It’s a Win-Win Catering, LLC, its officers, directors, shareholders, independent contractors, employees and agents (collectively, the " It’s a Win-Win Catering, LLC "), harmless from and against all claims, liabilities, demands, causes of action, losses or damages (including without limitation all liability for personal injury, property damage or commercial loss) and all costs and expenses (including without limitation attorneys' fees) incurred in connection therewith that may be asserted against or incurred by any of the It’s a Win-Win Catering, LLC in connection with (i) ’s pro It’s a Win-Win Catering, LLC vision of the services, or any other services to or for the benefit of Client, unless such claim, injury or loss is caused solely by  It’s a Win-Win Catering, LLC  negligence or intentional misconduct, or (ii) Client's breach of this agreement, (iii) any act, omission or misrepresentation of Client or Client's guests, licensees, invitees, employees or agents, or (iv) Client's event.

 

                                                                              Obligations

 It’s a Win-Win Catering, LLC shall protect, defend, indemnify and hold Client, and its members, guests, licensees, invitees, employees or agents (collectively, the "Client Parties"), harmless from and against all claims, liabilities, demands, causes of action, losses or damages (including without limitation all liability for personal injury, property damage or commercial loss) and all costs and expenses (including without limitation attorneys' fees) incurred in connection therewith that may be asserted against or incurred by any of the Client Parties solely in connection with the intentional misconduct or gross negligence of  or its It’s a Win-Win Catering, LLC, employees or agents.

                                                                               Claims:

 When one party (the "Indemnified Party") receives information that gives rise to a claim for indemnity, the Indemnified Party shall promptly notify the other party (the "Indemnifying Party") and shall provide reasonable detail of the circumstances. It’s a Win-Win Catering, LLC shall have the election to settle, compromise, or defend by its own counsel any claim, at its expense if it is the Indemnifying Party or at Client's expense if It’s a Win-Win Catering, LLC

 Indemnified Party, provided that neither party may settle or compromise any claim without the prior written consent of the other party, which consent may not be unreasonably withheld or delayed. Client may elect to be represented by Client's own legal counsel at Client's own expense. Client shall fully cooperate with It’s a Win-Win Catering, LLC in any defense.

 

                                                                               General:

 This Agreement shall be construed in accordance with the laws of the State of South Carolina. Any controversy or claim arising out of or relating to this Proposal, or the breach thereof, shall be settled by arbitration in North Charleston in accordance with the laws of the State of South Carolina and 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. However, if the amount is less than the jurisdictional limit for the Small Claims Division of the Court with the appropriate jurisdiction, the claimant may enforce such claim in the Small Claims Division of the Court with the appropriate jurisdiction.