Specialty Coffee Catering Services Agreement

ILLINOIS SPECIALTY COFFEE
CATERING SERVICES AGREEMENT

 

Last Updated: January 18, 2026

This Specialty Coffee Catering Services Agreement ("Agreement") apply to catering, coffee catering, and barista services provided by Black Fodder Coffee, LLC ("Provider").

By requesting a quote, booking services, signing a proposal, paying a deposit, and/or allowing Provider to perform services, the customer ("Client") agrees to this Agreement.

Provider and Client may be referred to individually as a "Party" and together as the "Parties".

1. Event Details and Day-Of Contact

Event details are not listed here. The event-specific details (including event date, service location/venue, service times, estimated guest count, menus/items, add-ons, and any venue/client-provided items or special conditions) are set forth in (a) Provider’s written quote/proposal and (b) Client’s booking/intake form(s), each as provided or accepted in writing.

Client Day-Of Contact. Client’s day-of decision-maker name and mobile number will be the contact provided in Client’s booking/intake form (or other written intake submitted to Provider). Client may update the Client Day-Of Contact by email/text at any time, but no later than 48 hours before the Event. If Client does not provide (or update) a Client Day-Of Contact by that deadline, the person who accepted the Quote and/or authorized payment will be treated as the Client Day-Of Contact for day-of decisions and notices.

2. Quote and Invoice

2.1 Incorporated Quote. The event-specific scope, service details, and base pricing are set forth in Provider’s written quote/proposal for the Event (the "Quote"), which is incorporated into this Agreement by reference. The Quote is the quote/proposal provided to Client in writing and accepted by Client.

2.2 What the Quote Defines. The Quote defines, as applicable: (a) the Specialized Coffee Catering services selected and any Dedicated Services Add-Ons, (b) menus and/or beverage items, (c) estimated guest count, (d) service times, and (e) venue/client-provided items and special conditions.

2.3 Invoice for Payment Only. Provider may issue an invoice referencing the Quote (the "Invoice") for payment and accounting. The Invoice may include sales tax, fees, and payment totals. The Invoice does not change the scope of Services unless Provider and Client both approve a revised Quote or written change order.

2.4 Conflict Rule. If there is a conflict: the Quote controls event description, scope, and pricing; this Agreement controls all legal terms.

2.5 Quote Total. “Quote total” means the subtotal for Services shown on the Quote before any sales tax and any third-party platform fees or card surcharges, unless the Quote expressly states otherwise.

2.6 Non-Recoverable Costs. “Non-recoverable costs” means third-party costs Provider commits specifically for the Event that are not refundable to Provider (for example: special-order products, rentals, permits, or non-refundable travel/transportation charges), to the extent actually incurred or contractually owed.

3. Services

3.1 Performance. Provider will perform the Services described in the Quote in a professional manner consistent with industry standards.

3.2 No Implied Inclusions. Only items expressly listed in the Quote are included.

3.3 Substitutions. Provider may make reasonable substitutions due to availability or quality while maintaining a substantially similar experience.

3.4 Staffing. Provider may use employees and/or independent contractors to perform the Services and may substitute personnel as needed. Client acknowledges that last-minute staffing or equipment issues may require Provider to adjust staffing, service flow, or the menu within the scope of the Quote.

3.5 Third-Party Supplier Delays/Failures. Provider may rely on third-party suppliers or vendors (including for special-order or custom items). If any supplier fails to deliver, delivers late, or delivers nonconforming items for reasons beyond Provider’s reasonable control, Provider may (a) substitute comparable items, (b) modify the Services, or (c) cancel or reschedule under Section 14. Provider is not liable for resulting delays, unavailability of specific items, or related costs, and any refund (if applicable) will be handled under Sections 14.2-14.3 and the limitation of liability in Section 12.

4. Fees and Payment

4.1 Deposit; Booking. Client must pay a non-refundable deposit equal to 50% of the Quote total to reserve the event date. The deposit is applied to the Quote total. Sales tax (if applicable) and any third-party platform fee or card surcharge (if applicable) are additional and are disclosed at checkout and/or on the Invoice. No date is held until the deposit is received.

4.2 Balance Due. The remaining balance is due 7 days before the Event Date.

4.3 Nonpayment. If the balance is not received by the due date, Provider may treat the Event as cancelled by Client under Section 5.

4.4 Late Charges. Past-due amounts may accrue 1.5% per month (18% APR) or the maximum allowed by Illinois law, plus reasonable collection costs.

4.5 Fee-Free Payment Methods. Provider may offer fee-free payment options, including EFT/ACH (bank transfer), wire transfer, or check, as communicated by Provider.

4.6 Credit Card Payments. If Provider offers a credit card option for a given checkout flow, Client may be charged a credit card processing surcharge of up to 2.9% of the amount charged, to the extent permitted by law and card network rules. Any such surcharge will be disclosed before payment is submitted.

4.7 Platform Fee for Online Quote/Invoice Payments. If Client books the Event and/or pays through Provider’s third-party online quote/invoice payment platform, the platform may add an additional 2% platform fee to the amount due, depending on the platform and checkout flow used. This Platform Fee is assessed by the platform/payment processor as part of that checkout flow and will be disclosed before payment is submitted. If any payment is refunded, any third-party platform fees or processing charges will be refunded only to the extent they are returned to Provider by the platform/payment processor.

4.8 Payment Reversals and Chargebacks. Client will not initiate a chargeback or payment reversal for any undisputed amount due. If Client initiates a chargeback or reversal, Client remains responsible for amounts owed under this Agreement, and Client will reimburse Provider for reasonable fees and costs incurred in responding to or collecting on the chargeback/reversal.

4.9 Returned Payments. Client will reimburse Provider for bank or processor fees (including returned/NSF check fees) caused by Client’s failed or reversed payments, plus a $35 administrative fee per returned payment.

4.10 Tips; Administrative Service Fee (Client-Elected). Cash tips given to baristas during the Event and tip-jar contributions are voluntary and belong to Provider’s service staff. Provider will not keep any portion of such tips. Provider’s event personnel are compensated by Provider regardless of tips; any tips are an optional bonus for staff.

If the Quote or Invoice includes an optional, Client-elected Event Support Fee (an Administrative Service Fee or similar administrative fee line item), that charge is not a tip, is retained by Provider, and will not be distributed to staff unless the Quote expressly states otherwise. Tips and any Administrative Service Fee do not reduce amounts owed under this Agreement.

5. Cancellation and Rescheduling

5.1 Client Cancellation. Cancellation must be in writing and is effective when received by Provider. If Client cancels for any reason, Client agrees to pay the following cancellation fees, calculated from the Quote total:

• More than 15 days before Event: Client forfeits the 50% deposit; no further amounts owed.
• 14 to 8 days before Event: Client owes 75% of the Quote total (deposit credited).
• 7 days or less before Event: Client owes 100% of the Quote total.

5.2 Rescheduling. Rescheduling is treated as a cancellation unless Provider agrees in writing to apply some or all amounts to a new date. New date is subject to availability and may require an updated Quote.

5.3 Reductions. Reductions in services, guest count, or time after Quote acceptance do not reduce amounts owed unless Provider agrees in writing.

6. Client and Venue Requirements

Unless the Quote states otherwise, Client is responsible for:

6.1 Access and Setup Area. Timely, safe access for load-in/load-out and a clean, stable service area suitable for hot liquids and electrical equipment.

6.2 Utilities. Adequate, safe electrical power as required by Provider (including access to outlets within reasonable distance and circuits that can support espresso and related equipment). If power is unavailable, insufficient, unsafe, or interrupted, Provider may modify, pause, or end service without liability.

6.3 Water; Wastewater. If the Services require water, Client will provide reasonable access to a potable water source and a location for disposal of wastewater. If water access or disposal is unavailable, unsafe, or restricted, Provider may modify, pause, or end service without liability.

6.4 Venue Rules and Permits. Compliance with venue rules and any permits required for the Event.

6.5 Safety and Crowd Control. A safe environment and crowd control around the service station, including hot liquids, equipment, cords, and trip hazards. Provider may reposition or suspend service for safety.

6.6 Allergens. Client is responsible for communicating known allergies or dietary restrictions to Provider and to attendees. Provider’s products may contain or come into contact with common allergens. Provider does not guarantee allergen-free service unless expressly agreed in writing.

6.7 Space and Trash. Client will provide a reasonably sized, stable area for the service station and reasonable access to trash/recycling during service. If space is inadequate or becomes unavailable, Provider may reposition, modify, pause, or end service without liability.

6.8 Alcohol. Provider does not provide or serve alcohol unless expressly stated in the Quote and, where required, properly licensed/insured to do so. Client is responsible for all alcohol provided or served at the Event and for compliance with all venue rules and legal requirements.

6.9 Outdoor Events; Weather. For any outdoor or partially outdoor service area, Client will provide a safe, level surface and reasonable protection from weather (including inclement weather such as rain, snow, wind, extreme heat/cold, and direct sun) and will ensure adequate lighting after dark. Provider may pause, modify, or end service if conditions are unsafe or risk damage to equipment or injury, without liability.

6.10 Venue Restrictions; Authority. Client is responsible for confirming the Services are permitted at the Venue (including any exclusivity rules, union rules, fire marshal requirements, and venue policies regarding power, equipment, cords, open flames, or outside vendors). If the Venue or any authority having jurisdiction restricts, interrupts, or stops the Services, Provider may modify, pause, or end service without liability. Client remains responsible for payment for Services rendered and any non-recoverable costs. If such restriction, interruption, or stop prevents Provider from completing the Services for reasons not caused by Provider, Provider may treat the Event as cancelled by Client under Section 5.

6.11 Accurate Information. Client’s booking is not effective unless Client completes Provider’s required booking/intake form(s) for the Event, and Client is responsible for ensuring all information provided is complete and accurate (including address, load-in instructions, access points, and start/end times). Provider is not responsible for delays, additional costs, or reduced service caused by inaccurate or incomplete information.

7. Changes, Delays, Service Time, Overtime, Parking

7.1 Changes; On-Site Decisions. Changes requested before the Event must be approved by Provider in writing and may require an updated Quote. On-site changes (including moving the setup) may be approved or declined by Provider based on safety and feasibility. If approved, Client authorizes Provider to proceed based on verbal/text approval from the Client Day-Of Contact, and Provider may confirm the change and any additional charges by text/email after the fact.

7.2 Service Time. Service start and end times are the service hours stated in the Quote. Setup, breakdown, load-in, and load-out are not included in service hours unless the Quote expressly states otherwise.

7.3 Delays Not Caused by Provider. If Provider is delayed or prevented from performing due to Client, the venue, guests, or other vendors (including delayed access, schedule changes, or venue restrictions), Provider may modify service, reduce service time, and/or bill additional time and costs. Any reduction in service time caused by such delays will not reduce the amounts owed.

7.4 Overtime. Overtime or staying beyond the agreed service hours will be accommodated when possible, but is not guaranteed. If Services run beyond the end time stated in the Quote due to Client/venue delay or Client request, overtime will be billed at $100 per on-site staff member per hour in 60-minute increments (minimum one hour), plus any additional product costs approved by Client.

7.5 Parking and Tickets. Provider is responsible for ordinary parking arrangements and costs for Provider personnel. Client is not responsible for parking tickets unless Client and/or the venue specifically directs Provider to park or perform load-in/load-out in a manner reasonably likely to result in a citation, in which case Client will reimburse Provider for that citation.

7.6 Provider Delays. Provider will use reasonable efforts to arrive and perform on time. Provider is not responsible for delays caused by traffic, accidents, road closures, vehicle issues, last-minute staffing emergencies, or other circumstances beyond Provider’s reasonable control. Provider will notify the Client Day-Of Contact as soon as reasonably practicable of any material delay. In the event of such delay, Provider may adjust service start/end times and/or reduce service time without liability, and Client will reasonably cooperate to mitigate impact.

8. Service Limits, Supply, Staffing Minimums, and Throughput

8.1 Planned Supply. Provider estimates expected consumption based on the quoted guest count and service time using a reasonable margin. Provider does not guarantee unlimited portions unless the Quote explicitly states “unlimited.” Items prepared ahead of time (including cold brew, iced tea, and other batch-prepared beverages) are limited in volume and may run out.

8.2 Overages. If actual attendance/consumption exceeds the planned supply, Provider may (a) continue service if feasible and bill for overages at Provider’s standard rates, or (b) limit service to the planned supply and end service when supplies are depleted.

8.3 Guest Count Estimate; Adjustment Invoice. Client represents that the estimated guest count in the Quote is a good-faith estimate. If actual attendance materially exceeds the estimate (more than the greater of 15% or 15 guests), Provider may issue an adjustment invoice for additional product, labor, rentals, and other overages reasonably required. Provider may determine attendance based on reasonable observation and/or venue or Client-provided headcount information and is not required to count each attendee. Any adjustment invoice is due within 7 days of issuance.

8.4 Staffing Minimum. Espresso-based on-site service requires a minimum of two (2) Provider staff for safety and operational reasons (including lifting, loading/unloading, setup, and breakdown), unless Provider agrees otherwise in writing.

8.5 Client Planning; Speed Expectations. Client is responsible for planning needs based on expected guest count and the service time stated in the Quote.

• Espresso throughput. A reasonable expectation for espresso-based beverages is up to 50 drinks per hour per barista under typical event conditions.
• High demand. If Client expects demand to exceed that rate, Provider strongly encourages at least one faster-serve option (e.g., small-batch filter coffee, cold brew, nitro, or iced tea). Additional baristas may not materially increase speed if beverage preparation time is the limiting factor.
• No responsibility for slow service. Provider may advise on options, but Provider is not responsible for slow service, long lines, or unmet demand caused by inaccurate planning, inaccurate guest counts, venue constraints, or Client’s selection of service options.

8.6 Provider Supplies and Unused Product. Unless the Quote states otherwise, all coffee, ingredients, cups, and supplies brought by Provider remain Provider’s property. Provider may remove unused product and supplies at the end of service.

9. Food Safety and Leftovers

9.1 Food Safety. After service or release to Client/venue, Provider is not responsible for temperature control, storage, handling, or consumption timing.

9.2 Leftovers. Provider may discard leftovers for safety. If Client requests leftovers, Client accepts them as-is and assumes all risk.

10. Equipment and Property

10.1 Provider Equipment. Client is responsible for loss of or damage to Provider equipment caused by Client, guests, venue staff, or other vendors (ordinary wear excepted). Provider may charge repair or replacement cost.

10.2 Client-Provided Items. If Client provides any equipment, ingredients, or supplies, Provider is not responsible for performance, safety, contamination, or outages attributable to those items, except to the extent caused by Provider’s gross negligence or willful misconduct.

10.3 Hot Liquids; Station Hazards. Client acknowledges that coffee service involves hot liquids, steam, and electrical equipment. Provider is not responsible for injury or damage caused by guest interference with the service station or failure of Client/venue to provide safe conditions and crowd control, except to the extent caused by Provider’s gross negligence or willful misconduct.

10.4 Venue/Third-Party Property. Client is responsible for damage to the Venue or third-party property arising from the acts or omissions of Client, guests, venue staff, or other vendors, including interference with Provider’s equipment or service area, except to the extent caused by Provider’s gross negligence or willful misconduct.

11. Suspension; Refusal of Access

11.1 Safety/Illegality. Provider may pause or stop service if Provider reasonably determines conditions are unsafe or unlawful (and not caused solely by Provider). Client remains responsible for payment for Services rendered and any non-recoverable costs. If unsafe or unlawful conditions are caused by Client, guests, venue staff, other vendors, or venue conditions, Provider may treat the Event as cancelled by Client under Section 5.

11.2 Refusal of Access / Loading Dock. If Provider is refused access to the venue loading dock, service entrance, or other agreed access points, and such refusal prevents or delays performance, Provider is not responsible for resulting delay, failure to perform, or related costs. Client remains responsible for payment for Services rendered and for additional charges caused by access refusal (including labor wait time, rescheduling fees, and additional transportation).

11.3 Unsafe Conduct; Right to Refuse Service. Provider may refuse service to any person and may pause or end service if Provider reasonably determines that conditions are unsafe or that Provider personnel are being harassed, threatened, or subjected to unlawful conduct. Provider will use reasonable efforts to notify the Client Day-Of Contact. Client remains responsible for payment for Services rendered and any non-recoverable costs. If service is ended early for reasons not caused by Provider, Provider may treat the Event as cancelled by Client under Section 5.

12. Limitation of Liability; Claims Notice

12.1 Cap. To the maximum extent allowed by law, Provider’s total liability arising out of or relating to this Agreement or the Services (whether in contract, tort, or otherwise) is limited to amounts actually paid by Client to Provider for the Services excluding any sales tax and any third-party platform fees, card surcharges, or processing charges. This cap does not apply to liability that cannot be limited under applicable law.

12.2 No Consequential Damages. Provider is not liable for indirect, incidental, special, consequential, or punitive damages.

12.3 Claims Notice. Client must notify Provider in writing of any claim relating to the Services within 72 hours after the Event (or, for property damage discovered later, within 72 hours after discovery), to the extent permitted by law. Failure to provide timely notice waives the claim to the extent Provider is prejudiced by the delay.

13. Indemnification

13.1 Indemnification. Client will defend, indemnify, and hold harmless Provider and its owners, employees, contractors, and agents from claims, damages, losses, liabilities, penalties, and expenses (including reasonable attorney fees) arising from: (a) venue conditions or utilities; (b) acts or omissions of Client, guests, venue, or other vendors; (c) Client’s breach; (d) alcohol service at the Event (unless Provider is expressly contracted and properly licensed/insured for alcohol service); and (e) Client-provided items-except to the extent caused by Provider’s gross negligence or willful misconduct.

Client’s duties under this Section include paying defense costs as incurred. Provider may participate in the defense with counsel of its choice at its own expense. Client may not settle any claim in a manner that imposes liability or obligations on Provider without Provider’s prior written consent.

14. Force Majeure; Provider Cancellation

14.1 Force Majeure. Neither Party is liable for failure or delay caused by events beyond reasonable control (including severe weather, government orders, public health restrictions, venue shutdowns, utility outages, acts of God, labor disruptions, or transportation interruptions). If performance becomes impracticable, Provider may cancel or reschedule.

14.2 Provider Cancellation. If Provider must cancel due to circumstances beyond Provider’s reasonable control (including vehicle breakdown, equipment failure, sudden illness, or staffing emergencies), Provider will use reasonable efforts to reschedule or to provide a reasonable substitute team. If rescheduling or substitution is not possible, Provider’s liability is limited to a refund of amounts paid to Provider for Services not performed, less any non-recoverable costs committed by Provider for the Event. Provider is not liable for venue costs, replacement vendor costs, or other damages.

14.3 Partial Performance. If Provider is able to perform only part of the Services due to circumstances beyond Provider’s reasonable control, Provider’s liability is limited to a reasonable, good-faith adjustment of Provider’s charges for the unperformed portion (less any non-recoverable costs committed by Provider), and Provider is not liable for consequential damages.

15. Insurance

Provider maintains commercially reasonable insurance. If the venue requires a certificate of insurance (COI) or additional insured endorsements, Client must notify Provider at least 7 days before the Event and is responsible for any added costs unless included in the Quote.

16. Governing Law; Venue; Attorneys’ Fees

16.1 Law. Illinois law governs this Agreement.

16.2 Venue. Any legal action must be filed in Cook County, Illinois.

16.3 Fees. The prevailing Party in any enforcement action is entitled to reasonable attorney fees and costs.

17. Contract Basics

17.1 Entire Agreement. This Agreement and the incorporated Quote are the entire agreement.

17.2 Severability. If any term is unenforceable, the rest remains in effect.

17.3 No Waiver. Failure to enforce any term is not a waiver.

17.4 Assignment. Client may not assign without Provider’s written consent.

17.4A Non-Solicitation of Provider Personnel. During the term of this Agreement and for 12 months after the Event Date, Client will not (directly or indirectly) solicit for hire, hire, or engage any Provider employee or contractor who performed Services for the Event or who had material involvement with the Event. This restriction does not apply to (a) general advertisements not targeted at Provider personnel, or (b) a person who responds to such general advertisement and was not solicited directly or indirectly by Client. If Client violates this section, Client will pay Provider liquidated damages equal to 50% of that individual’s estimated annualized compensation (or, for contractors, 50% of estimated annualized billings) at the time of hire/engagement, as a reasonable estimate of Provider’s costs and losses, not a penalty. If a court finds this liquidated damages amount unenforceable, Client will pay Provider’s actual damages and reasonable costs of enforcement instead. If a court determines any portion of this Section is overbroad, the Parties authorize the court to modify it to the minimum extent necessary to make it enforceable, to the extent permitted by law.

17.5 Electronic Signatures. Electronic signatures are binding.

17.6 Photo/Video Release (Optional). Client grants Provider permission to use non-confidential photos/video of Provider’s setup and service at the Event for Provider’s marketing (website/social media), excluding identifiable images of guests, unless Client checks here: [  ] NO PHOTO/VIDEO USE.

17.6A Service Issues; Opportunity to Address. Client will promptly notify Provider (through the Client Day-Of Contact) of any service issue during the Event so Provider has a reasonable opportunity to address it on-site.

17.6B Branding and Intellectual Property. Provider retains all rights in its name, logos, menus, recipes, methods, and materials. Client may not use Provider’s name or logos in advertising, press releases, or marketing materials without Provider’s prior written consent.

17.6C Lost or Stolen Items. Each Party is responsible for its own property and valuables. Provider is not responsible for loss, theft, or damage to Client or guest property at the Venue, except to the extent caused by Provider’s gross negligence or willful misconduct.

17.7 Authority. The person accepting the Quote and/or authorizing payment for Client represents that they have authority to bind Client to this Agreement.

17.8 Notices. Notices and approvals under this Agreement may be delivered by email and, for time-sensitive Event-day matters, by text message to the Client Day-Of Contact.

17.9 Counterparts. This Agreement may be signed in counterparts, including electronically, each of which is deemed an original.

17.10 Independent Contractor; No Third-Party Beneficiaries. Provider is an independent contractor and is not Client’s employee, agent, joint venturer, or partner. This Agreement does not create any third-party beneficiary rights.

Incorporated by Reference

Quote/Proposal: The Quote described in Section 2.1.

Acceptance

Client accepts this Agreement by approving/accepting a Quote, paying a deposit or other amount due, clicking an online acceptance checkbox, signing electronically, and/or otherwise authorizing Provider to perform Services.