Legal

Terms & Conditions

DRISCOLL Cuisine & Cocktail Concepts takes in-home dining to a higher level of indulgence and sophistication.  We offer clients a unique combination of fresh, innovative food and drinks with an interactive, approachable client service experience that you and your guests will remember and talk about for years to come.  

We are culinary professionals striving to operate DRISCOLL Cuisine & Cocktail Concepts as efficiently and professionally as possible.  The below Terms and Conditions describe how we engage and interact with our clients to create a mutually beneficial experience.  

Agreement

The following Agreement contains the terms of our contract under which DRISCOLL Cuisine & Cocktail Concepts LLC (“DRISCOLL”) provides you (“Client”) access to and use of our web site and personal chef services.  By agreeing to these Terms and Agreement, you make an offer to enter into a legally binding Agreement with Driscoll to contract with you upon delivering the price for your specific engagement.  The Agreement is effective upon your acceptance and shall remain effective for the duration of your use of DRISCOLL’s services.  

Description of Services

With a network of highly skilled, experienced chefs, bartenders, and servers, DRISCOLL Cuisine & Cocktail Concept delivers customized personal chef services for the Client’s special occasions, celebrations, and social gatherings of 15 or fewer people.  The service that the Client will receive includes:

  • Planning and consultation meetings 
  • Determination of food and beverage preferences
  • Menu planning
  • Grocery shopping
  • Food preparation
  • Packaging/containers
  • Clean up
  • Transportation to/from Client’s home or other venue where the event takes place

Prior to the event, Client shall reimburse DRISCOLL for the cost of all groceries plus a 15% shopping fee that may be associated with the event at DRISCOLL’s discretion. Within two business days after the event, Client agrees to meet with DRISCOLL for post-event evaluation and feedback.

Menu Proposals and Estimates

DRISCOLL will consult with Client to determine the event goals, including logistics (date, time, location), type of occasion/celebration, number of guests, dietary considerations, recommendations for seasonal dishes, beverage plans, and other pertinent information.  Based on the Client’s needs, DRISCOLL will identify the chef and/or bartender in the company’s network to execute the event.  DRISCOLL will develop a menu proposal and pricing for the Client’s review and approval.  Upon receiving the Client’s approval, DRISCOLL will submit the final menu and event plan at which time the Client shall pay to DRISCOLL a 50-percent deposit (50% of proposed price) to secure the service on the Client’s requested date (the “Reservation”).

Alcohol

Client shall remain solely liable for ensuring all alcoholic beverages are properly and safely distributed to guests and shall defend and hold harmless Driscoll of any and all liability arising from the presence of alcohol at the event.  It shall be the Client’s sole and absolute obligation to ensure those served at the event are of legal age. Unless DRISCOLL is expressly advised otherwise, Client expressly agrees that it shall card all attendees and, Client expressly states that DRISCOLL can and shall presume that all attendees at Client’s event where alcohol is served have all been confirmed by the Client to be of legal age from Client’s personal witness to proper valid and current picture identification with birth date. Client further agrees that it is solely responsible and strictly liable to ensure that Client guests who may be driving are not served alcohol after the guest’s blood alcohol content reaches or exceeds the legal limit for intoxication for purposes of violations for driving under the influence. Client understands and agrees that DRISCOLL’s service staff may, at its discretion, limit service of alcoholic beverages to the equivalent of two servings per person; Client shall exercise all discretion and shall remain solely responsible for serving additional drinks to its guests. 

DRISCOLL serves alcohol at the Client’s event under the following circumstances:

Cocktails.  It’s DRISCOLL’s obligation to procure all alcohol and the necessary bar setup (e.g., fruits, vegetables, garnishes, napkins, mixers, purees, etc.), charging the Client a per person rate for each cocktail served.  As part of its event plan, DRISCOLL will determine the amount and variety of liquor that may be appropriate given the nature and length of the event, food to be served, and number of guests.  

Wine Pairings.  If part of the event plan, DRISCOLL’s chef will create custom wine pairings for the event, determining the amount and variety of wine appropriate given the nature of the event and food to be served.  DRISCOLL shall charge the Client a flat service charge to select the wines, serve the Client and his or her guests, and describe how the wine complements the food.  It’s the Client’s obligation to purchase the wine. DRISCOLL may purchase the wine along with the groceries under the reimbursement and service charge terms stated above.

Service Changes Requested by the Client

The Client shall communicate all additions and deletions from the services, menu, or scope of the engagement to DRISCOLL in writing delivered to DRISCOLL at least 10 days prior to the date of the event to avoid additional charges and to give the chef the proper time to plan, prepare, and shop.  Requests made inside the 10-day window shall be subject to timing adjustments and service or other charges based upon the nature of the request; changes will be honored if and when possible.  If the Client informs DRISCOLL of changes less than 10 days in advance, DRISCOLL will send an email confirmation of the requested changes to the Client, describing the nature of the changes and the associated costs.  Final costs are subject to change for various reasons, which include but are not limited to the following circumstances:

  • Event Size. If the Client’s guest count increases before the event, DRISCOLL will give best efforts to provide additional service staff at an added cost for which the Client shall be responsible.  If DRISCOLL is unable to provide additional staffing, an additional charge may be added to the Client’s final bill to cover the increase in duties.  If the Client’s guest count decreases and the service staff DRISCOLL has arranged is no longer needed, there will be a minimum $75 charge for each person removed from the schedule. 
  • Planning.  “Planning” shall be defined as the time the chef dedicates to working with the Client to properly plan the Client’s event; Client shall be liable to pay an appropriate charge for Planning as needed throughout the event cycle.
  • Substitutions.  DRISCOLL reserves the right to exercise its sole discretion to substitute seasonal or specialty grocery items because of availability, freshness, or quality, and will inform the Client of substantive substitutions in advance of the event.
  • Unforeseen Costs.  Client shall be responsible for all additional costs resulting from unforeseen circumstances unaccounted for at the time of the original engagement and arising from issues beyond DRISCOLL’s control.

Payment and Invoices

DRISCOLL’s standard payment terms are Client shall pay to DRISCOLL 50% upon the Client’s approval of the menu proposal, with the remaining balance plus any additional costs or charges due on the day of the event.  Client understands and agrees that there may be additional incidental expenses about which DRISCOLL does not become aware until the conclusion of an event; in such case DRISCOLL shall add additional charges and process the charge against the Client’s credit card on file as soon as practicable.  The Client represents and warrants that the credit limit for the credit card authorization granted to DRISCOLL shall be sufficient to cover all charges arising from this engagement.

Invoices will include a breakdown of costs and fees as well as deposits and other payments.  At the conclusion of the event, DRISCOLL will present the Client with the final invoice including an itemization with copies of available receipts for purchases made on the Client’s behalf.  DRISCOLL accepts cash and credit cards as forms of payment.  

DRISCOLL’s costs and fees include but are not necessarily limited to the following: 

  • Chef’s Fee. A minimum of two hours billed at $50/hour based on the type of event and level of complexity involved for the chef to take the Client’s calls, create the menu, visit the Client’s home to assess the kitchen, provide proposals and estimates, shop, reserve and order supplies, travel to/from the venue, prepare ingredients, present the meal, and clean up. 
  • Holidays.  Holiday rates are calculated at one and a half times the regular rate for chef and service staff charges.  The following days or dates are considered holidays for this purpose: 
    • New Year’s Day (January 1)
    • Martin Luther King Day (third Monday in January)
    • Valentine’s Day (February 14) 
    • President’s Day (third Monday in February)
    • St. Patrick’s Day (March 17)
    • Easter (Varies between March and April)
    • Mother’s Day (second Sunday in May)
    • Memorial Day (last Monday in May)
    • Father’s Day (third Sunday in June)
    • Independence Day (July 4) 
    • Labor Day (first Monday in September) 
    • Veterans Day (second Monday in November)
    • Thanksgiving Day (fourth Thursday in November) 
    • Christmas Eve (December 24)
    • Christmas Day (December 25) 
    • New Year’s Eve (December 31) 
  • Food and Beverage Costs/Event Rental and Supply Costs. Food and beverage and event rental and supply costs are direct costs. DRISCOLL does the shopping and, if requested, reserves event supplies and equipment. DRISCOLL shall charge Client the costs for groceries and $50/hour for the chef’s time to shop or reserve these items.
  • Special Purchases.  Sometimes the Client requests a menu for which the Client’s kitchen is not equipped.  If special services or preparation are required to accommodate the Client’s request, DRISCOLL shall determine if the equipment can be rented.  If not, DRISCOLL may purchase the items with the Client’s written approval and include the costs of such special purchases on the Client’s final invoice.  After the event, the purchased equipment belongs to the Client. Client shall be responsible for timely return of all rented equipment to the rental company. To the extent the Client does not wish to keep such items, DRISCOLL reserves the right to charge a fee for removal of such items without credit against a Client’s invoice for its value.
  • Chef’s Pantry Fee.  Rather than purchasing every item needed to complete your menu (e.g. salt, sugar, baking soda, rice, pasta, oil, vinegar), we may choose to use ingredients from the chef’s pantry and apply a nominal pantry fee to your invoice. 

Cancellation Policy

Cancellation 45 Days Prior to the Event.  Either DRISCOLL or Client may cancel an event with 45 calendar days prior notice with full refund to Client and or more before the date of the event.  In this situation, DRISCOLL will refund the full amount of Client’s deposit. 

Cancellation by the Client.  If Client must cancel the event, Client must contact DRISCOLL at least five days prior to the service date in which case there will be a 25% of the service total cancellation fee, with Client receiving a refund all additional amounts. If the Client cancels within five days prior to the service date, he or she forfeits 25% of the service charge plus the cost of the groceries for the event.  The remaining service total will be refunded to the client.    

Cancellation by DRISCOLL:  On rare occasions, DRISCOLL may cancel if it cannot obtain the appropriate service staff for a Client’s event, due to inclement weather, because of family emergency or illness of staff, or for any other reason outside its control.  DRISCOLL shall notify Client immediately upon making this determination.  In the event of such cancellation, DRISCOLL will refund all amounts paid by the Client up to the point of cancellation.

Rescheduling:  If the Client needs to reschedule service, it must be done at least 10 days prior to the scheduled service date and may result in a 25% service charge. DRISCOLL will do its best to accommodate new dates based on the company’s current availability.

Indemnification

The Client shall indemnify, defend, and hold harmless DRISCOLL and its managers, members, employees, and contractors from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies.  This includes interest, penalties, and reasonable attorney fees for a lawyer of DRISCOLL’S choosing, plus costs and other damages that DRISCOLL may incur or suffer due to Client’s breach, negligence, recklessness, failure to perform any of its obligations under this Agreement, or arising from negligence or any willful act of the Client or its agents, guests, associates, invitees, or related parties. 

Limitation of Liability

The chef, service staff, equipment, and food prepared for the event are provided by DRISCOLL on an AS IS basis, and Client agrees that it accepts such service, staff, equipment, and product entirely at the Client’s sole risk of loss. DRISCOLL shall be under no liability to the Client for any loss or damage resulting from any defect in the services or food or the failure of any equipment or supplies, regardless of whether DRISCOLL had prior knowledge or warning. DRISCOLL is not liable for any injuries sustained as a result of DRISCOLL’s involvement at a Client’s event, including but not limited to any injury resulting from the action or inaction of the chef or service staff or sickness from any food prepared or any loss as result of alcohol or other controlled substances consumed at the event. It is the sole obligation of the Client to warn and discern the potential of the Client or his/her guests for allergic reactions and the Client’s obligation to affirmatively determine whether any ingredients pose a special threat. 

Noninterference with Business

No Solicitation.  During and for a period of 18 months immediately following the event, Client agrees not to solicit or induce any employee or independent contractor to terminate or breach an employment, contractual, or other relationship with DRISCOLL without DRISCOLL’S express written permission.  Client recognizes that it is impossible to fix the damages for breach of this provision due to a number of factors and the difficulty of putting a price tag on the type and quality of services provided by the departing employee or contractor, the efficacy of any replacement found, future profits lost by DRISCOLL, the foregone service fees, or foregone rental fees from the rental of kitchen equipment.  As a result, the parties agree that if the Client breaches this provision, Client shall pay to DRISCOLL an amount of liquidated damages equal to 35% of such worker’s expected annual remuneration from DRISCOLL at the time of the offense plus all other available legal or equitable remedies. 

Placement Fee.  Should Client hire or engage an employee, independent contractor, or sub-contractor of DRISCOLL directly, the Client agrees to pay DRISCOLL an amount equal to 25% of all remuneration paid to such individual for the one year period commencing on the date the individual first performs such direct services for the Client as a placement fee, regardless of the duration of employment or engagement or whether the worker is employed on a permanent, temporary, or consulting basis. In no event shall such deemed compensation upon which the placement fee is determined be less than reasonably comparable compensation for a similar position in the then existing labor market.  If the Client fails to provide adequate proof of the total remuneration paid to the worker for the one-year period, then it shall be rebuttably presumed that the worker worked for the Client for 20 hours per week for 52 weeks during the one-year period at a rate twice the applicable minimum wage in Maricopa County.  Whether such a placement is with or without DRISCOLL’s permission, the Client is solely responsible, and DRISCOLL expressly disclaims all responsibility for all background checks, contacts, references, interviewing, screening, and the drafting responsibility for any employment or other agreements. DRISCOLL makes no guarantee, express or implied, that the individual hired will remain with the Client for any specified time, or that the individual’s services will be of a certain quality. 

Miscellaneous Provisions

Severability.  If a court holds any provision of the Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected and shall remain in full force and effect unless an essential purpose of the Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.

Force Majeure.  Neither party shall be liable hereunder by reason of failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of foul weather, road blockages, power outages, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause beyond the control of such party. In the event that DRISCOLL cannot provide the services as planned, it shall submit for payment an invoice, and Client shall pay the invoice for the labor and expenses incurred up to that point.

Choice of Law and Forum. This Agreement is entered and is to be performed, and/or deemed performed, in Maricopa County, Arizona. The terms of this Agreement and any dispute arising thereunder shall be governed by Arizona law regardless of any conflict of law provisions, including any laws that direct the application of another jurisdiction’s laws, unless rights concerning intellectual property are at issue in which case federal law shall apply. The parties expressly submit to the jurisdiction of Arizona in general, and specifically to the jurisdiction of the courts of Maricopa County, Arizona for any action brought in state court. The parties expressly submit to the jurisdiction of the federal courts located in the District of Arizona in general, and the District Court located in Phoenix, Arizona specifically, with respect to actions brought in federal court.

Waivers.  No waiver or amendment, including those by custom, usage of trade or course of dealing, of any provision of these terms and conditions shall be effective unless in writing executed by the parties.  One Party’s waiver of any default or breach under these terms and conditions by the other shall not constitute a waiver of any subsequent default or breach.

Signatures.  These terms and conditions may be signed in counterparts, which together shall constitute one contract. Electronic signatures shall be construed to be as valid as originals.

Survival.  The rights and obligations of the parties under this Agreement shall survive any termination of this Agreement to the extent necessary to protect the rights and enforce the obligations of the parties.

Modifications.  Except for verbal changes in the menu or scope of the services as referenced above, the Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of the Agreement shall be binding unless it is in writing and signed by the party charged.

Notice of Terms and Conditions.  Upon DRISCOLL’s disclosure of the terms and conditions, the Client shall attest to having read these terms and conditions and will be provided a copy of them upon request and notice. These terms and conditions are also posted online at the DRISCOLL web site at www.driscollcuisine.com.  Attestation of having read these terms and conditions and the availability of them on DRISCOLL’s web site shall be deemed and, in all ways, shall constitute actual notice to the Client of these terms and conditions and the Client shall be bound hereby.

Mediation & Arbitration.  The parties agree to meet and confer in good faith to attempt to resolve any dispute arising out of the Agreement. Any disputes not resolved by meeting and conferring shall be submitted to mediation in Maricopa County, Arizona under a mutually agreeable mediator. If the parties cannot agree on mediation or a mediator within twenty (20) days, they may agree to submit the dispute to binding arbitration in accordance with 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.  It is expressly agreed that the arbitrator shall be empowered and permitted to grant preliminary and permanent equitable relief in addition to awarding damages.  To the extent the parties cannot agree to mediation or arbitration, and a mediator or arbitrator, within 40 days of the dispute, this alternative dispute resolution section shall be void and inapplicable. To the extent mediation, arbitration or judicial proceedings involve enforcement or payment of money owed to an event, or for other fees or costs incurred by that event in enforcing its rights under the Agreement, the prevailing event will be entitled to reasonable attorneys’ fees and costs, including mediation or arbitration fees (if applicable).

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