Our Bar Agreement
We are excited to work with you to provide a memorable event. In order to provide high quality service, we ask you to review this agreement and sign this document signifying your understanding and agreement with our bar policies.
We ID
While we don’t require our bartenders to ID everyone that approaches our bar, your guests must have ID available upon request to be served alcoholic beverages. Our bartenders are instructed to ID everyone that they believe may be 35 years of age or younger.
It is against MN State Law for us to serve anyone under the age of 21. In the event we see someone of legal drinking age ordering a drink and bringing it to someone underage, our staff will report these actions to the security staff onsite or the authorities and refuse to serve said adult for remainder of event.
One-Drink-Warning
We care about your safety and the safety of others. We reserve the right to refuse to serve any guest that has consumed, or appears to have consumed, an excessive amount of alcohol (behaviors including disorderly conduct, slurred speech, acting out against bartenders, etc) we generally will provide a “one-drink-warning” prior to refusing to serve. We are happy to create a mocktail for them upon request with our non-alcoholic options.
We have a zero tolerance policy for any guests that verbally harass our staff in the event they are cut off. In these cases the host of the party and Stonehouse Catering Events Team will be notified. According to the Shoreview Community Center agreement if at any time guests become unruly or our bartenders deem necessary, we reserve the right to close the bar early.
For more information about bartending legislation, see “Dram Shop” Laws.
Bar Provisions
The menu and amounts of each drink will be pre-set and agreed upon by the host of the party and Stonehouse Catering Events Team. Due to the nature of being a mobile bar, we have limited on site capabilities. Portable bars always run the risk of running out of options that are heavily ordered. It is the host’s responsibility to notify Stonehouse Catering Events Team of crowd favorites so we can stock accordingly. Failure to do so may result in low to no stock by the end of the event. Our license prohibits us from serving any alcohol purchased in a retail location (i.e. liquor stores).
Unopened Alcohol Doesn’t Leave the Bar
Our Liquor License prohibits us from serving sealed alcohol containers. This includes cans and bottles. Prepaid, unopened alcohol at the end of the night must remain in our possession.
AGREEMENT FOR CATERING SERVICES
This Agreement for Catering Services (“Agreement”) is made [“Effective Date”] by and between Stonehouse Custom Catering, LLC (“Stonehouse”) and the client whose name appears at the end of this Agreement (“Client”). Client and Stonehouse are jointly referred to as the “party" or “parties,” as applicable. All invoices and any attachments are incorporated by reference into this Agreement.
Services and Event. Stonehouse shall provide the catering services and food and drink, collectively the “Services” as set forth in invoice. Changes made to invoice throughout the planning process will be finalized fourteen (14) days prior to Event. Client shall indicate their agreement to final invoicing by clicking the acceptance on the electronic signing platform on which this Agreement is signed.
Total Services Amount Based on Attendees. The total amount due for Services is based on attendees, final attendee count, meal choices, and other such factors. The total amount due is reflected on the invoice and is the “Total Services Amount.”
Changes to Services and Minimums. At the time of initial deposit, adjustments can be made to the Total Services Amount. Additions and subtractions to attendance and menu choices will generally be accepted by Stonehouse until fourteen (14) days prior to the Event. Exact amount due will be determined and provided from Stonehouse to Client in writing once final attendee count is received. A reduction in attendee count may reduce the Total Services Amount, however, once a Invoice has been signed by the Client, the Client shall pay no less than eighty-five percent (85%) of the original Total Services Amount as set forth in such invoice, if Services are downgraded by the Client.
Changes to Menu. Stonehouse reserves the right to make changes to the menu if key ingredients are unable to be obtained due to reasons beyond the control of the parties. Due to the fluctuating cost of food ingredients, menu prices are subject to change. When drastic changes in the menu ingredient cost occurs Stonehouse will promptly notify Client.
Client then has one of these two options:
a. Client shall pay the additional cost based on the current adjusted price, or
b. Client and Stonehouse may agree to the substitution of other menu items to maintain the agreed upon per person menu prices.Obligations of Client. Final attendee count, meal choice seating chart and allergy reporting are due to Stonehouse at least fourteen (14) days prior to the Event. Attendee count and dietary needs received less than fourteen (14) days prior to the Event cannot be guaranteed. Stonehouse shall not be responsible for attendees who fail to report their dietary needs to the Client. Attendee count must include all vendors other than catering staff (i.e. venue staff, photographer(s), videographer(s), DJ(s), bartender(s), etc). Actual attendee attendance exceeding reported attendee count will result in additional charges and can not be guaranteed meals or place settings. Refunds will not be provided based on any attendees who fail to attend.
Unlawful Activities. The Client shall comply with all applicable the laws of the United States of America, State of Minnesota, all municipal ordinances and all lawful orders of police and fire departments. If unlawful activities occur on the premises which are not caused by Stonehouse and the Event is canceled, there shall be no refund of any kind from Stonehouse to Client.
Legal Compliance by Stonehouse. Stonehouse shall comply with all applicable local health department rules and regulations relating to food preparation and food service.
Venue. Client shall make all necessary arrangements regarding the “Venue” for the Event and shall arrange to provide adequate access for Stonehouse to deliver equipment and food to the venue. Client is solely responsible for all costs and/or deposits relating to use of the Venue and for obtaining any necessary permissions, authorizations, or other requirements for Stonehouse to provide the Services at the Venue.
Liability for Stonehouse Equipment. In the event that any of Stonehouse’s equipment, including but not limited to chafers, serving dishes, serving utensils, is damaged. Client shall pay for repairs and/or replacement of the equipment as determined by Stonehouse.
Liability for Client Equipment and Supplies. Stonehouse will take all reasonable actions to ensure that all of Client’s supplies, rentals, and equipment are cared for and maintained in good working order and without damage during the period that Stonehouse staff is present. However, Stonehouse shall have no responsibility for any damage or loss of merchandise, alcohol, equipment, furniture, clothing or other valuables of Client or any third party, prior to, during, or after the Event, unless specifically caused by the willful negligent actions of Stonehouse or its employees or agents.
PAYMENT TERMS
11.1 Payment. Payment for the Services shall be as set forth in the applicable Invoice or modified Invoice, as applicable.
11.2 Deposit. At the time this Agreement is signed, the Client shall pay a deposit of fifty percent (50%) of the Total Services Amount. The deposit is non-refundable and shall be applied toward the Total Services Amount.
11.3 Gratuity Charge. There will be an eighteen percent (18%) gratuity charge for all events, unless otherwise specified in writing. At the Client’s discretion, any extra gratuity will go directly to the service staff.
11.4 Credit/Debit Card Service Charge. Payment by credit or debit will be subject to a service charge of three percent (3%) per transaction.
11.5 Taxes. Client will be billed for and shall pay, as a part of the Total Services Amount, the applicable current sales tax on the Total Services Amount, which shall not include server hours or venue charges that may be otherwise billed to the Client.
11.6 Balance Due. Payment of the balance due shall be made no later than ten (10) calendar days prior to the Event.If payment of balance due is not made as set forth herein, food and staffing may not be ordered and, at the sole discretion of Stonehouse, the Services will not be provided. However, at its sole discretion, if Stonehouse determines this Agreement can still be fulfilled after the balance due date and Client wishes to continue with the Services then, Client shall pay a ten percent (10%) re-scheduling fee to the Total Services Amount, in addition to paying the entire balance due prior to the re-scheduling and also an additional fee of three percent (3%) for each day that the balance is late. In addition, Client shall pay any extraordinary costs incurred due to the late payment. For purposes of this Agreement, extraordinary costs include, but are not limited to rush shipping of ingredients or higher costs for gaining accessible ingredients in a short period of time, increased staff wages due to unavailability and any requirement to use a outside agency for temporary staffing for Event.
TERM AND TERMINATION
12.1 Term. This Agreement begins on Effective Date and continues until the provision of the Services is complete, except as otherwise set forth herein, or the Agreement is terminated at as provided herein.
12.2 Termination by Client. Client may terminate (cancel) this Agreement by providing advanced written notice to Stonehouse along with the required termination/cancellation fee.
Client understands that Stonehouse is committing time and resources to Client’s Event and thus cancellation would result in lost income and lost business opportunities to Stonehouse in an amount difficult to precisely calculate.
12.3 In all cases, the 50% deposit is non-refundable if Client cancels the Event.
a. If Client cancels in fewer than 30 days prior to the Event, Client is responsible to pay Stonehouse 100% Total Services Amount.
b. If Client cancels 31 to 45 days prior to the Event, Client is responsible for the 50% deposit and an additional 30% of the Total Services Amount.
c. If CLIENT cancels 46 to 89 days prior to the Event, Client is responsible for the 50% deposit and an additional 20% of the Total Services Amount.
d. If Client cancels between 90 to 179 days prior to the Event, Client is responsible for the 50% deposit and an additional 10% of the Total Services Amount.12.4 Termination by Stonehouse. Stonehouse may terminate this Agreement thirty (30) days or more prior to the Event. All deposits and prepayments shall be returned to Client within ten (10) days and the parties shall have no further obligations to each other. Stonehouse will make reasonable efforts to find a replacement caterer for Client if the Client so requests.
12.5 Termination by Stonehouse for Health and Safety. Stonehouse may terminate this Agreement at any time, if in the reasonable discretion of Stonehouse, the Event is neither safe nor provides a healthful environment for it staff. In such case, Stonehouse shall so notify client in writing as early as possible and all deposits and prepayments shall be returned to Client within ten (10) days and the parties shall have no further obligations to each other.
12.6 Obligations Post Termination. Upon termination for any reason, All amounts due to either party under this Agreement shall be paid within thirty (30) days of such termination.
Indemnification.
13.1 By Client. Client agrees to defend, indemnify and hold harmless Stonehouse and its officers, directors, Stonehouse’s, Clients, agents, from all claims, losses, damages, judgments, liabilities, obligations, costs and expenses, including fees and expenses of attorneys, consultants and court costs, directly or indirectly incurred by Stonehouse as a result of Client, or its assistants or contractors or agents’ negligence, intentional act or omission, breach of this Agreement, or Client’s alleged failure to comply with the requirements of applicable laws and regulations. In addition, Client shall, at its own expense, indemnify, defend and hold Stonehouse harmless against any and all claims, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees, in any action taken by or against Client arising from the services performed or the Client’s performance, or failure to perform, under this Agreement. In addition, Client shall indemnify and hold harmless Stonehouse for any damage, theft, or loss of Stonehouse’s property occurring at the Event caused by the Client, the Venue, or Client’s attendees.
13.1 By Stonehouse. Stonehouse agrees to defend, indemnify and hold harmless Client and its officers, directors, Clients, Clients, agents, from all claims, losses, damages, judgments, liabilities, obligations, costs and expenses, including fees and reasonable expenses of attorneys, consultants and court costs, directly or indirectly incurred by Client as a result of Stonehouse, or its personnel or agents’ negligence, intentional act or omission, breach of this Agreement, or Stonehouse’s alleged failure to comply with the requirements of applicable laws and regulations. In addition, Stonehouse shall, at its own expense, indemnify, defend and hold Client harmless against any and all claims, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees, in any action taken by or against Client arising from the services performed or Stonehouse’s performance, or failure to perform, under this Agreement.
Limitation of Liability
NEITHER PARTY SHALL BE LIABLE FOR INDIRECT OR INCIDENTAL DAMAGES, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST REVENUES OF ANY KIND, REGARDLESS OF WHETHER THE OTHER PARTY HAS BEEN ADVISED OF SUCH DAMAGES.
Mitigation of Damages. Each party shall mitigate its damages to the extent commercially practical.
Insurance. Stonehouse shall maintain general liability insurance through Secura Insurance relating to the Services. Stonehouse will provide a certificate of insurance as requested.
General Provisions
17.1 Governing Law and Venue. This Agreement will be construed and enforced in accordance with and governed by the laws of the State of Minnesota.
17.2 Notices. Any notice permitted or required by this Agreement must be in writing and shall be deemed given when sent by certified mail, return receipt requested, hand-delivered, and addressed to the party at their address as listed in this Agreement, or as modified with notice to the receiving party, or via email, if a confirmation from the receiving party has been sent.17.3 Dispute Resolution. The parties agree that any controversy or claims arising out of or relating to this Agreement, or the breach thereof shall first attempt to be resolved in good faith between the parties. If the matter is not resolved within a reasonable time, the parties may proceed to suit if they so desire. Any legal proceedings shall take place in the District Court of Ramsey, Hennepin, or Washington, County, MN.
17.4 Non-disparagement. Neither party shall make any disparaging remarks of any sort or otherwise communicate any disparaging comments about the other, or their employees or officers. For purposes of this Section, “disparage” means any negative statement, whether written or oral, about Stonehouse in any manner, including, but not limited to, writing or on-line reviews, social media, or other public forum, of publication to any third party.
17.5 Assignment. Client may not assign this Agreement without the prior written consent of the Stonehouse, and any non-approved attempted assignment shall be null and void. Stonehouse may assign this Agreement, including any and all rights and duties without permission. This Agreement shall be binding upon, and inure to benefit of, the successors and permitted assigns of the parties hereto. If Stonehouse, in its sole discretion, cannot fulfill its obligations under this Agreement for reasons outside of its control, Stonehouse may locate and retain a comparable replacement catering company at no additional cost to Client, or refund Client’s money in full. Stonehouse will not be responsible for any additional damages or compensation under these circumstances.
17.6 Attorneys’ Fees. If Stonehouse must engage an attorney or pay any costs in enforcing or litigating this Agreement, Stonehouse shall be entitled to reasonable attorney’s fees, costs, expert witness fees, and dispute resolution or court costs incurred in connection with such actions.
17.7 Waiver. Failure of either party to object to any act or omission of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by such party of any of its rights hereunder. No waiver by any party at any time of any other provision of this Agreement shall be deemed a waiver or breach of any other provision of this Agreement or consent to any subsequent breach of the same of any other provision hereunder. Waiver of any rights or remedies must be in a signed writing by the waiving party.
17.8 Modifications. This Agreement may not be modified, changed or supplemented, nor may any obligations hereunder be waived or extensions of time for performance granted, except, by written instrument signed by both parties.
17.9 Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of each such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
17.10 Force Majeure. Neither party to this Agreement shall be liable for failure to perform or delay in performance of any of its obligations under this Agreement (except payment of amounts already paid, due and owing) where such failure or delay results from any act of God, pandemic event, military operation, catastrophic event directly related to terrorist activity, national emergency, civil commotion, or utility, or the order, requisition, request or recommendation of any government agency or acting government authority, or any party’s compliance therewith, or government probation, regulation, or priority, or any change in laws or regulations which prevent any party from providing services required by this Agreement, or any other cause beyond any party’s reasonable control whether similar or dissimilar to the foregoing causes.
17.11 Interpretation. This Agreement shall be fairly interpreted in accordance with its terms and without any strict construction in favor of or against either party. Any ambiguity shall not be interpreted against the drafting party.17.12 Survival. Any provisions of this Agreement which requires performance or grants a benefit after termination of the Agreement shall be deemed to survive the termination of the Agreement.
17.13 Entire Agreement. This Agreement, invoices, attachments, and any express authorizations set forth the entire agreement and understanding of the parties in respect of the transactions contemplated hereby and supersede all prior agreements, arrangements and understandings, whether written or oral, relating to the subject matter hereof.
IN WITNESS HEREOF, the parties, intending to be legally bound, have caused this Agreement for Catering Services to be executed as of the Effective Date.