Herb Faust Food’s Terms & Conditions

1. Guaranteed Guest Count. You must submit the guaranteed number of guests (the “guest count”) for your Event to Herb Faust Food no later than 14 days prior to the Event. Herb Faust Food cannot discount or reduce the contract price if the actual number of your guests at the time of the Event is less than the guest count you submit to Herb Faust Food.

2. Payments and Deposits. You must pay Herb Faust Food a nonrefundable deposit equal to 20% of the total Event price to confirm your Event, within 7 days of receiving your invoice. Your failure to pay the deposit on time shall render your booking null and void. Herb Faust Food accepts payments made by Electronic Funds Transfer, Cheque, Money Order, Cash, or Credit Card. A surcharge of 1.75% applies for Credit Card payments. The final balance is payable to Herb Faust Food 14 days prior to the Event Date, in line with submission of your final guest count. Your failure to pay the balance due on time shall be considered a cancellation of your Event. Any Event booked less than 14 days from the Event Date must be paid in full at the time of booking.

3. Cancellations and Refunds. If you give Herb Faust Food a written notice of cancellation of your Event more than 60 days prior to the Event Date, Herb Faust Food will agree to cancel this booking at no charge, and will refund any deposit paid. If you do not give Herb Faust Food a written notice of cancellation more than 60 days prior to your Event, you acknowledge that Herb Faust Food will suffer damages (such as the lost opportunity to book other events on the date of your Event, purchase of food and supplies, expenses of the services of Herb Faust Food staff, etc.), and that the amount of actual damages caused by the late cancellation of this Event would be extremely difficult, if not impossible, to quantify. For the late cancellation of Events (60 days or less prior to your Event), Herb Faust Food will retain the 20% deposit as liquidated damages. If you cancel your Event within 14 days of the Event Date, for whatever reason or cause (including without limitation Acts of God, weather, cancellation by location, etc.), you will remain obligated to pay the entire contract price, less 50% of the balance due, as liquidated damages to Herb Faust Food. You agree that these liquidated damages represent a fair and reasonable estimate of the losses and expenses Herb Faust Food would sustain as a result of late cancellation of this Event, given that actual damages are uncertain and not susceptible of exact measurement. Refunds on any accrued cost that falls under the event coordination services and hire costs will be determined at time of cancellation.

4. Pricing Inclusions, Exclusions and Additions. Unless otherwise stated, all prices quoted include a fully qualified chef for your Event, all food, crockery, cutlery, disposable napkins, menus, and sufficient waitstaff for the service of food. Exclusions include, but are not limited to, drinks, drinks service staff, glassware, table decorations, equipment hire, delivery, Public Holiday surcharges, and travel surcharges. Please note, the inclusion of crockery, cutlery and napkins with our services is complimentary and, as such, if you choose to source your own, our per person prices remain the same.

5. Minimum Requirements. Minimum requirements for functions include; access to a domestic oven, stovetop, refrigerator, freezer, sink with hot running water, 4 x 10amp (standard domestic power points) and sufficient bench space for plating (or enough floor space to set up a trestle table). For outdoor events, a marquee with power and lighting for the catering team must also be supplied.

6. Equipment Hire and Event Coordination Services. Herb Faust Food can assist in hire of kitchen equipment/setup, glassware, tables, chairs, linens, specialist drinks waitstaff etc. Equipment Hire and Event Coordination Services are charged in addition to catering services. Contact Herb Faust Food for more information and pricing. All breakages or damages to hired equipment are the responsibility of the client.

7. Public Holidays. A per head surcharge applies for Public Holiday Events. Prices available on request.

8.Travel Surcharge. Travel and accommodation (if required) costs for Events outside of a 40km radius of Perth apply. Quotes are available on request and are based on distance from Perth and number of staff required for your Event.

9. Food Policy. For staffed Events, Herb Faust Food disposes of uneaten food and beverage items remaining upon the completion of each Event. If you or any of your guests request to take any of the remaining uneaten food items, Herb Faust Food requires that any person removing food from an event sign a food release form. This release form must be requested and signed in advance of the Event. You agree to indemnify, defend and hold Herb Faust Food and its affiliates and their respective employees, representatives, agents and independent contractors harmless from any claims, injuries, losses or damages (including personal injury,wrongful death, and attorney’s fees) arising from or related to the post-Event consumption of leftover catered food and beverage items.

10. Menu Items and Ingredients. Menu items and ingredients may be subject to change or alteration without notice in the case of products becoming seasonally or permanently unavailable.

11. Waste Removal. Herb Faust Food will remove and dispose of all kitchen waste created at each Event, however disposal of other waste, including but not limited to disposable crockery and cutlery, and drinks waste such as empty bottles and disposable glassware, is the responsibility of you the client.

12. Event Timeline and Staffing. Each Event is unique and will require a different timeline, so we understand that there will be specific requirements discussed at the time of your booking. Event staffing is variable and will be determined at the time of booking (based on the guest count and Event Type). Herb Faust Food will inform you of the staffing planned for your Event. Herb Faust Food pricing includes 5 hours of onsite service, including pre-Event set up, Event duration, and post-Event breakdown/cleanup. Unless otherwise stated, if your Event exceeds 5 hours in duration, additional staff time will be charged as a fee, in addition to the contract price, at a rate of $50 per hour per staff member. Ratios of food service waitstaff to guests for stand up Events is approximately 1:30, and seated Events 1:15.

13. Damage and Liability. Herb Faust Food maintains general liability and automobile liability insurance for the services it provides. You understand that Herb Faust Food shall not be responsible for the loss of or damage to any items provided, rented or furnished by you unless such loss or damage was caused solely by the gross negligence or wilful misconduct of Herb Faust Food. In any event, Herb Faust Food’s liability for any claim arising during your Event (including, without limitation, Herb Faust Food’s failure to provide the services), is limited to the Event price amount paid by you. You agree to indemnify, defend and hold Herb Faust Food and its affiliates and their respective employees, representatives, agents and independent contractors harmless from any claims, injuries, losses or damages (including personal injury,wrongful death, and attorney’s fees) arising from or related to the Event, unless such loss or damage was caused solely by the gross negligence or wilful misconduct of Herb Faust Food.

14.Collections. Any amounts remaining unpaid after the Event shall be overdue and accrue interest at a rate of 1½% per month (unless otherwise agreed in writing by Herb Faust Food.) In the event that Herb Faust Food takes any action (whether or not litigation is instituted) to collect unpaid amounts due to Herb Faust Food you agree to pay the reasonable costs of collection (including court costs and attorney’s fees).

15. Allocation of Chefs. We will allocate the head chef and kitchen team for confirmed events at least 14 days prior to the booking date. Unless discussed prior and confirmed in writing, we cannot guarantee that Herb Faust will be present at your event.The only concept we can guarantee Herb’s presence for is our 5 Courses With Herb experience.

16. Drinks staff, recipes and ingredients. Drinks staff are an optional service from Herb Faust Food. Drinks staff can be hired for the service of beer, wine, champagne, softdrink, juice, and water only. No shots, spirits or specialised cocktails will be served by our staff. The service of one ‘welcome’ mixed drink (eg Moscow Mule,G&T) is included in our standard rates. Welcome drink recipes are required 14 days prior to your booking, and all ingredients and garnishes are to be supplied, ready for service on the day. Herb Faust Food reserve the right to enforce minimum quantities of glassware when our drinks staff are hired. Drinks staff will not provide service beyond midnight. Where individual guests bring their own alcohol to an event, drinks staff cannot be supplied by Herb Faust Food.

17. Delivery of Services. In the unlikely event of Herb Faust Food being unable to deliver their services for your Event, any deposits will be fully refunded, and your booking rescheduled for a mutually agreed time.

18. Allergy Statement. Please be aware that whilst all care is taken, there is a risk of allergen contamination as our facility prepares foods and uses ingredients in our products that contain nuts, nut oil,wheat, eggs, dairy products, and other allergens. There is also a possibility that manufacturers of the commercial foods we use could change the formulation at any time, without notice. While all due care is taken to avoid cross-contamination, customers concerned with food allergies need to be aware of these risks.