This Apostle 'Que Catering Service Agreement (“Agreement”) establishes the terms and conditions between Tarheel BBQ LLC d.b.a. “Apostle 'Que” and the “Client” for catering services described on the invoice. This Agreement covers accommodation flexibility, cost transparency, assurance of service quality, guidance on food safety, and event logistics, ensuring a clear understanding of responsibilities for a seamless and successful event.

Thank you for choosing Apostle 'Que for your upcoming event! We are excited to be part of your event and look forward to creating a memorable culinary experience.

Accommodation Flexibility

Client has the flexibility to provide the final guest count up to seven (7) days before the event, allowing for adjustments and avoiding last-minute stress. Apostle ‘Que will do our best to accommodate last-minute guest count increases but cannot guarantee food quantities for additional guests. Any increases in the number of guests may affect the invoice amount. No invoice adjustment will be made for guests accounted for in the final guest count who do not attend.  

Client’s final guest count are guaranteed a standard portion size, ensuring that everyone gets a fair share of delicious food. Apostle ‘Que recommends the adjusting the final guest count if guests are known to be heavy consumers, helping the Client plan for an ample quantity of food. 

Client agrees to provide Apostle ‘Que with any food allergy concerns before the date of the event, understanding Apostle ‘Que may not be able to meet every guest's dietary needs; we’re magical pitmasters, but not miracle workers. Let’s make this event a feast to remember!   

Reservation of Event Date

The Client shall pay a minimum of 50% non-refundable deposit at the Agreement signing to secure the event date, ensuring that Apostle ‘Que is committed to providing services on that specific date. The deposit will apply toward the total invoiced amount and counts as the first payment on the total balance. 

The Client shall pay all remaining balance due to Apostle ‘Que within 72 hours of the event date unless otherwise noted in the Payment schedule. Apostle ‘Que is committed to delivering quality service even if certain ingredients or products become unavailable, substitutions may be made, and pricing may change without notice. 

Payment Convenience 

Clients have multiple payment options that is convenient and suitable for them, including cash, check, an approved payment card, or any other payment method determined by the Apostle ‘Que. Apostle ‘Que encouraged Clients to use a more secure payment method, as there is a $50 charge for any checks returned. 

Guidance on Leftovers

Apostle ‘Que is committed to the health and safety of our Clients and their guests. Any food that is not consumed during the event will need to be handled in accordance with the North Carolinas Department of Health Food Regulations. In accordance with appropriate state health codes, Apostle ‘Que reserves the right to discard any food items where there is a reasonable risk for food borne illness to occur. 

Clients are given the choice to keep cooked leftover food, providing them with the opportunity to enjoy the remaining items after the event. Apostle ‘Que offers to package up cooked leftover food and give to the Client, for which Apostle ‘Que is no longer responsible for the food once packaged up. Apostle ‘Que is not responsible for the safety and quality of said food after it leaves our supervision and care. Non-cooked/raw items cannot be left with the Client.

Apostle ‘Que recommends discarding food left out after 3 hours or has not been temperature-controlled after 3 hours. Apostle ‘Que is not responsible for food left out or consumed after 3 hours. Apostle ‘Que is not responsible for any food being served, which is not part of the agreed-upon invoice. 

Service Financial Commitment 

A twenty-five percent (25%) service fee in the final billing on all food, beverage, and labor covers various aspects of services and resources provided to ensure a successful event, including set up, coordination, kitchen essentials, merchant processing, and other administrative expenses. 

Full-Service Financial Commitment

Client commits to a minimum food purchase of $350 to take advantage of the full-service option. The comprehensive service fee ensures that the Client does not have to worry about individual cost components. A thirty-five percent (35%) service fee in the final billing on all food, beverage, and labor covers various aspects, including use of our equipment, equipment rentals, buffet décor, transportation, energy costs, standard liability insurance fees, all necessary permits, and other administrative expenses. 

Please note that the service charge is taxable based on North Carolina Department of Revenue and is not a gratuity for the Apostle ‘Que staff. 

Apostle ‘Que is committed to serving food safely and the event may require the food trailer to be on-site. 

Trailer Appearance 

Client commits to a minimum food purchase of $1,400 and a minimum of two (2) hours to take advantage of the trailer appearance service. Ensuring that the catering setup is accommodated and that there are no parking-related issues, the Client understands and guarantees a private parking area of minimum forty-two (42) feet and twelve (12) foot clearance. The client must verify that Apostle ‘Que can park at the event location. To reduce the risk of misunderstandings on the day of the event, Client will provide detailed driving directions to the event, including instructions on preferred setup, parking, and serving from, no less than seven (7) days before the event. 

Last-Minute Assistance

Apostle ‘Que strives to assist our clients with their catering needs, even if it’s a last-minute flavor emergency. If you have a rush order or request and the request is made after 12:00 pm the day before, your request may be subject to a $30.00 rush order fee to offset the cost of food and labor related to your request. It’s our way of saying, “We’ll move mountains for you, but mountains aren’t cheap.” Please note that product availability and meat selections may be limited. 

Our Commitment to Compliance 

Apostle ‘Que promises that it holds all licenses necessary to perform the work, that such permits are valid and effective as of the date services are provided, and that all services provided will be done in compliance with all applicable federal, state, or local laws and regulations. 

Should the event require additional certificates of insurance that our standard liability insurance does not cover, the cost of any additional certificates of insurance will be added to the invoice. 

Cancellation and Financial Commitment

Apostle ‘Que understands things can happen. Client must give cancellation request in writing and acknowledged by Apostle ‘Que. 50% deposits are non-refundable. 

Clients may have some financial relief if circumstances necessitate a cancellation with sufficient seven (7) day’s notice before the event, not including the non-refundable 50% deposit. In an effort to plan accordingly and avoid last-minute disruptions, cancellations made within 72 hours of the event date will not be accepted, and no refunds will be given. 

Photo Release and Promotion 

Client grants Apostle ‘Que permission to use my likeness, my guests' likeness, and event likeness in photographs, video or, digital, or other mediums in any of its publications, including website entries or promotional materials, without payment or any other consideration. This release is valid for an indefinite period from the date of signing this Agreement. 

Warranty

Apostle ‘Que has not made any warranties oral, express, written, or otherwise of profitability or projected outcomes or satisfaction of Client. Client shall remain obligated for all payments due under the invoice and Agreement regardless of Client’s satisfaction of Apostle ‘Que’s performance. 

Advance Notice Termination

Client will receive advance notice of thirty (30) days if Apostle ‘Que decides to terminate the Agreement, for any reason, allowing the client time to make alternative arrangements or adjustments if needed.  

Indemnification/Assumption of Risk/Limitation of Liability. 

Client shall indemnify, hold harmless and defend Apostle ‘Que, its officers, directors, members, employees, subcontractors, volunteers, and agents from against any and all losses, claims, liability, damage, action, judgment recovered from or asserted against them, or other expense (including, without limitation, attorneys’ fees and expenses), arising out of or relating to any third-party claim of negligence, property damage, personal injury or death arising from or related to the Event, the Services performed by Apostle ‘Que, and/or acts or omissions of Client, its agents, contractors, employees or invitees in connection with the Event. Client assumes all risk of injury to its employees, agents, contractors, invitees or any attendees at the Event from any cause, and hereby waives all claims in respect thereof against Apostle ‘Que. The foregoing indemnification and assumption of risk shall not be effective to the extent that property damage or personal injury results directly from the gross negligence or intentional misconduct of Apostle ‘Que. EXCEPT FOR INDEMNIFICATION OBLIGATIONS HEREUNDER, (A) UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT AND (B) NEITHER PARTY’S TOTAL LIABILITY TO THE OTHER PARTY FOR ANY CLAIM ARISING UNDER THIS AGREEMENT SHALL EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO APOSTLE ‘QUE UNDER THIS AGREEMENT.

Governing Law 

It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of North Carolina, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Agreement Duration

The term of any Agreement shall be the date of execution of any Services Agreement until the date of completion of Services. 

Signatures 

By signing below, I understand and agree that I am the Client responsible for this Agreement, and I have read, understand, and agree to the terms listed in this catering services agreement. By typing their names as signatures below, both parties agree to the terms and provisions of this Agreement.