Terms of Use
Services
CHG will provide the food, beverage, staffing, equipment, rentals, delivery, setup, service, breakdown, and related catering or event services described in the approved proposal, estimate, invoice, menu, rental order, staffing plan, or banquet event order.
CHG is responsible only for services expressly listed in writing. CHG is not responsible for venue management, event planning, guest transportation, security, coat check, valet, tenting, power supply, water supply, waste removal, permits, licenses, cleaning beyond CHG's service area, or services provided by third parties unless CHG expressly agrees in writing.
Proposal Approval and Event Confirmation
No event date is confirmed until CHG receives all items required by CHG, which may include a signed Agreement, signed proposal, approved banquet event order, deposit, credit card authorization, ACH authorization, or other payment method acceptable to CHG.
CHG may release an event date without liability if Client does not timely sign required documents or make required payments.
Deposit and Payment
Client shall pay a non-refundable deposit equal to {{deposit_percent}}% of the estimated total charges upon signing this Agreement. The deposit secures CHG's availability and compensates CHG for administrative work, planning, staffing commitments, vendor coordination, and foregone business opportunities.
Final payment is due no later than {{final_payment_days_before}} days before the event date unless CHG approves different written payment terms.
CHG may require full payment before performance. CHG has no obligation to begin or continue services unless Client is current on all amounts due.
Accepted payment methods:
ACH.
Credit card.
Certified check.
Corporate direct billing, for approved accounts only.
Client is responsible for all credit card processing fees, wire fees, returned payment fees, bank fees, and similar transaction costs unless prohibited by applicable law.
Late Payments; Collections; No Chargebacks
Past due amounts accrue interest at 3.5% per month, or the maximum rate permitted by law, whichever is lower.
Client shall reimburse CHG for all costs of collection, including attorneys' fees, court costs, arbitration costs, collection agency fees, and internal administrative costs.
Client shall not initiate a credit card chargeback, ACH reversal, stop payment, or payment dispute for amounts owed under this Agreement without first giving CHG written notice and a reasonable opportunity to address the dispute. Client remains responsible for undisputed amounts.
Taxes, Service Charges, Administrative Fees, and Gratuities
Client shall pay all applicable sales taxes, use taxes, meals taxes, liquor taxes, excise taxes, venue fees, delivery fees, fuel surcharges, administrative fees, service charges, and similar charges.
Any service charge, administrative fee, production fee, coordination fee, or similar charge is not a gratuity unless CHG expressly states in writing that the charge is a gratuity. CHG may use service charges and administrative fees to cover overhead, planning, insurance, scheduling, equipment, administrative labor, and other business costs.
Gratuities for service staff are optional unless expressly included in the approved proposal or invoice.
Final Guest Count; Minimum Charges
Client shall provide the final guaranteed guest count by the deadline listed in the approved proposal or banquet event order. If no deadline is listed, Client shall provide the final guaranteed guest count no later than 96 hours before the event.
The final guaranteed guest count is the minimum billable guest count. Client will be charged based on the greater of:
The estimated guest count listed in the approved proposal.
The final guaranteed guest count.
The actual number of guests served.
Any applicable minimum spend, staffing minimum, production minimum, or rental minimum.
CHG may, but is not required to, accommodate increases after the final guarantee deadline. Additional guests, meals, beverages, rentals, staffing, or equipment may result in additional charges.
Reductions after the final guarantee deadline do not reduce amounts owed.
Menu, Substitutions, and Availability
Menu items, ingredients, beverages, rentals, equipment, flowers, décor, and other items are subject to availability.
CHG may make reasonable substitutions due to supply chain issues, market conditions, vendor availability, product quality, seasonal availability, shipping delays, safety concerns, or other circumstances affecting availability. CHG will use commercially reasonable efforts to provide substitutions of comparable type and quality.
Client acknowledges that pricing may change due to material increases in food costs, beverage costs, labor costs, rental costs, fuel costs, supplier costs, or other event-related costs. CHG may adjust pricing before final payment to reflect those increases. Client may cancel the affected items if Client does not accept the adjusted pricing, subject to the cancellation terms in this Agreement.
Changes to Event
All changes to menu, guest count, timing, staffing, rentals, floor plan, venue access, service style, alcohol service, or event logistics must be submitted in writing and approved by CHG.
CHG may charge additional amounts for approved changes. CHG may decline changes that CHG determines are not feasible, unsafe, untimely, unavailable, or inconsistent with CHG's standards.
Verbal changes are not binding unless confirmed by CHG in writing.
Cancellation by Client
Client may cancel the event only by written notice to CHG. Cancellation is effective only when CHG confirms receipt.
Client shall pay the following cancellation charges:
Cancellation 30 or more days before the event: CHG retains the deposit.
Cancellation 15-29 days before the event: Client pays 50% of the estimated total charges.
Cancellation 8-14 days before the event: Client pays 75% of the estimated total charges.
Cancellation 7 or fewer days before the event: Client pays 100% of the estimated total charges.
For custom menus, specialty sourcing, holiday events, large-scale productions, high-demand dates, third-party rentals, tenting, specialty staffing, custom fabrication, floral, décor, or vendor commitments, Client shall also pay all non-cancellable costs, committed costs, restocking fees, vendor charges, labor commitments, and other costs incurred by CHG.
Cancellation charges are liquidated damages and not a penalty. The parties agree that CHG's damages from cancellation are difficult to calculate because CHG reserves capacity, turns away other business, commits staff, orders product, coordinates vendors, and performs planning work before the event.
Postponement or Rescheduling
A postponement or rescheduling request is treated as a cancellation unless CHG agrees in writing to apply amounts paid to a new date.
CHG may condition any postponement or rescheduling on availability, updated pricing, payment of additional costs, payment of vendor charges, and execution of updated event documents.
Deposits and payments are not transferable to another client, entity, or event unless CHG agrees in writing.
Cancellation or Suspension by CHG
CHG may cancel, suspend, or stop services without liability if:
Client fails to make required payments.
Client materially changes the event without CHG's approval.
CHG determines that the venue, weather, equipment, utilities, security, crowd conditions, or guest conduct creates an unsafe or commercially unreasonable condition.
Client or Client's guests harass, threaten, abuse, or endanger CHG staff.
Required permits, licenses, approvals, insurance, utilities, access, or facilities are unavailable.
Performance would violate law, venue rules, health codes, liquor laws, or CHG's safety standards.
Client remains responsible for all amounts due if CHG cancels, suspends, or stops services under this section.
Venue Access and Site Conditions
Client shall secure and pay for the venue and shall ensure that CHG has timely, safe, and adequate access for delivery, setup, service, breakdown, and pickup.
Client shall provide, at Client's expense:
Adequate load-in and load-out access.
Nearby parking or loading zones for CHG vehicles.
Working elevators, ramps, docks, or other access points.
Adequate lighting.
Potable water.
Electricity sufficient for CHG's equipment.
Safe food preparation and staging areas.
Tables, counters, or other surfaces required for service unless CHG is providing those items.
Shelter from weather for outdoor events.
Waste disposal facilities unless CHG agrees otherwise.
Venue approvals, permits, certificates of insurance, and required documents.
Client is responsible for all costs, delays, overtime, additional labor, equipment, replacement product, or service limitations caused by inadequate access, inadequate facilities, venue restrictions, site conditions, weather, utilities, or third-party interference.
Outdoor Events; Weather
For outdoor events, Client shall provide a weather contingency plan acceptable to CHG. CHG may require tenting, flooring, heaters, fans, lighting, refrigeration, generators, pest control, or other equipment.
CHG may modify, delay, suspend, or stop service if weather conditions create safety, food quality, food safety, equipment, or service concerns. Client remains responsible for all amounts due.
Staffing and Overtime
Staffing is based on the approved event timeline, service style, guest count, venue, menu, and logistics.
Additional labor, extended service time, delayed start times, delayed guest arrival, delayed meal service, delayed speeches or programming, late breakdown, venue access delays, or changes in event scope may result in additional charges.
Overtime will be billed at CHG's then-current rates, subject to any applicable minimums.
Rentals, Equipment, Damage, and Loss
Client is responsible for all rentals, equipment, linens, décor, serviceware, glassware, flatware, furniture, cooking equipment, beverage equipment, and other property provided by CHG or CHG's vendors from delivery until return and inspection.
Client shall pay the replacement cost, repair cost, cleaning cost, late fee, restocking fee, or vendor charge for damaged, missing, broken, excessively soiled, or unreturned items.
CHG may charge Client's payment method on file for rental loss, rental damage, equipment loss, equipment damage, and related vendor charges.
Outside Food and Beverage
No outside food or beverage may be served, displayed, distributed, or consumed at the event without CHG's prior written approval.
CHG is not responsible for food safety, allergens, contamination, illness, quality, labeling, alcohol compliance, or guest reactions related to outside food or beverage.
Client shall indemnify CHG from all claims arising from outside food or beverage, including claims involving illness, injury, allergic reaction, contamination, alcohol service, or regulatory violations.
Leftover Food
CHG may decline to release leftover food when CHG determines that release would create food safety, food quality, regulatory, transportation, temperature control, or liability concerns.
If CHG allows Client to keep leftover food, Client assumes all responsibility for storage, handling, temperature control, transportation, reheating, service, consumption, and disposal after CHG releases the food.
Client shall indemnify CHG from all claims related to leftover food after release.
Allergies and Dietary Restrictions
Client is responsible for notifying CHG in writing of all allergies, dietary restrictions, religious restrictions, and medical food restrictions by the final guarantee deadline.
CHG will use commercially reasonable efforts to accommodate disclosed restrictions that CHG accepts in writing. CHG cannot guarantee an allergen-free environment. Food may be prepared in facilities or with equipment that also process or contact common allergens, including nuts, dairy, eggs, wheat, soy, fish, shellfish, sesame, and other allergens.
Client shall communicate all allergy and dietary information to guests. Client shall indemnify CHG from claims arising from undisclosed allergies, guest failure to follow instructions, outside food, guest consumption choices, or cross-contact risks that CHG did not expressly assume in writing.
Alcohol Service
Alcohol service must comply with all federal, state, and local laws, including Illinois liquor laws and applicable venue rules.
CHG may refuse service to any person who appears intoxicated, lacks valid identification, appears underage, attempts to provide alcohol to a minor, acts disorderly, or creates a safety concern.
CHG may stop alcohol service at any time if CHG determines that continued service may violate law, create safety concerns, create liability, or violate venue requirements.
Client is responsible for guest conduct and shall provide security, transportation planning, and other safety measures when requested by CHG or required by the venue.
Client shall indemnify CHG from claims arising from alcohol supplied by Client, guests, the venue, or third parties; guest intoxication; underage drinking; guest conduct; or Client's failure to follow CHG's alcohol service requirements.
Client Conduct and Guest Conduct
Client is responsible for the conduct of Client's guests, invitees, employees, contractors, vendors, venue personnel, and representatives.
CHG may remove CHG staff from any situation involving harassment, threats, violence, discrimination, unsafe conditions, unlawful conduct, or unreasonable interference with CHG's work.
Client shall pay for damages, losses, overtime, replacement product, additional labor, security costs, and other costs caused by Client's guests, invitees, employees, contractors, vendors, venue personnel, or representatives.
Third-Party Vendors
CHG is not responsible for the acts, omissions, delays, failures, charges, or performance of venues, rental companies, florists, planners, photographers, DJs, bands, transportation providers, security providers, tenting companies, or other third parties unless CHG expressly contracts to provide those services.
Client shall coordinate third-party vendors so that those vendors do not interfere with CHG's work. Client is responsible for delays, added labor, added equipment, or service limitations caused by third-party vendors.
Permits, Licenses, and Venue Rules
Client is responsible for securing and paying for all permits, licenses, approvals, venue permissions, fire marshal approvals, health department approvals, security requirements, union labor requirements, and similar requirements unless CHG expressly agrees in writing to handle a specific item.
Client shall provide CHG with all venue rules and requirements that may affect CHG's services. Client is responsible for all costs and service limitations caused by undisclosed venue rules or requirements.
Insurance
Upon request, each party shall provide certificates of insurance evidencing commercially reasonable insurance coverage.
Client shall obtain event insurance, liquor liability insurance, host liquor insurance, property insurance, or other coverage when required by the venue or reasonably requested by CHG.
CHG may require Client to name CHG as an additional insured for events involving alcohol, outdoor service, high guest counts, public access, unusual venues, elevated risk, or third-party production.
Photos, Marketing, and Publicity
CHG may photograph or record CHG's food, beverages, displays, staff, service setup, décor, and event work for portfolio, website, social media, marketing, training, and business purposes.
CHG will use commercially reasonable efforts not to intentionally feature private guests in a manner that is materially embarrassing or invasive.
Client shall notify CHG in writing before the event if the event is confidential or subject to photography restrictions.
Client may not use CHG's name, logo, menu descriptions, recipes, photos, or other materials for commercial purposes without CHG's prior written approval.
Intellectual Property
CHG retains all rights in CHG's menus, recipes, concepts, procedures, presentations, photographs, proposals, pricing formats, templates, business methods, training materials, and other intellectual property.
Client receives no ownership interest in CHG's intellectual property.
Confidentiality
Pricing, proposals, menus, event plans, operational methods, and other non-public information provided by CHG are confidential. Client shall not disclose that information to third parties except as needed for Client's event planning.
Compliance with Law
Each party shall comply with laws applicable to that party's obligations.
Client shall not request that CHG perform services in a manner that violates health codes, liquor laws, labor laws, venue rules, fire codes, permitting requirements, or other legal requirements.
Indemnification
Client shall defend, indemnify, and hold harmless CHG and CHG's owners, officers, employees, contractors, agents, vendors, affiliates, successors, and assigns from and against all claims, damages, losses, liabilities, fines, penalties, costs, and expenses, including attorneys' fees, arising out of or related to:
Client's breach of this Agreement.
Client's negligence, willful misconduct, or unlawful conduct.
Guest conduct.
Venue conditions or venue restrictions.
Outside food or beverage.
Alcohol supplied by Client, guests, venue, or third parties.
Allergies, dietary restrictions, or medical food restrictions not timely disclosed and accepted by CHG in writing.
Leftover food after release by CHG.
Third-party vendors.
Property damage caused by Client, guests, venue, or third parties.
Personal injury, illness, or death caused by Client, guests, venue, or third parties.
Permits, licenses, approvals, or venue requirements for which Client is responsible.
Client's event materials, advertising, invitations, or representations to guests.
CHG shall indemnify Client from third-party claims arising from CHG's gross negligence or willful misconduct, but only to the extent finally determined by a court of competent jurisdiction and subject to the limitations of liability in this Agreement.
Limitation of Liability
CHG's total liability arising out of or related to this Agreement shall not exceed the amounts actually paid by Client to CHG under this Agreement.
CHG shall not be liable for consequential, incidental, special, exemplary, punitive, lost profit, lost revenue, reputational, emotional distress, business interruption, or indirect damages.
The limitations in this section apply regardless of the legal theory asserted, including contract, tort, negligence, strict liability, statute, equity, or otherwise.
Disclaimer
Except as expressly stated in this Agreement, CHG disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Force Majeure
Neither party shall be liable for failure or delay in performance caused by circumstances beyond that party's reasonable control, including acts of God, severe weather, fire, flood, pandemic, epidemic, public health order, government action, labor shortage, strike, supply shortage, transportation disruption, utility failure, venue closure, civil unrest, terrorism, war, accident, emergency, or other similar event.
If a force majeure event affects CHG's performance, CHG may modify services, make substitutions, postpone performance, or cancel affected services. Client remains responsible for services performed, costs incurred, non-cancellable commitments, and amounts otherwise due under this Agreement.
Independent Contractor
CHG is an independent contractor. Nothing in this Agreement creates a partnership, joint venture, agency, fiduciary relationship, employment relationship, or franchise relationship.
Assignment
Client may not assign this Agreement or transfer event rights without CHG's prior written consent.
CHG may assign this Agreement to an affiliate, successor, purchaser, or subcontractor, provided that CHG remains responsible for material catering services unless otherwise agreed.
Notices
Notices under this Agreement must be in writing and delivered by email, personal delivery, certified mail, or nationally recognized courier to the contact information listed in this Agreement.
Notices to CHG must be sent to:
Color Hospitality, LLC
1642 E. 56th Street
Chicago, Illinois 60637
Email: {{site_email_contact}}
Notices to Client must be sent to the email and address listed in this Agreement.
Governing Law; Venue
This Agreement is governed by the laws of the State of Illinois, without regard to conflict of law rules.
The parties consent to exclusive jurisdiction and venue in the state and federal courts located in Cook County, Illinois.
Attorneys' Fees
The prevailing party in any dispute arising out of or related to this Agreement is entitled to recover reasonable attorneys' fees, court costs, expert fees, arbitration costs, collection costs, and other enforcement costs.
Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make the provision valid and enforceable.
Waiver
A waiver must be in writing and signed by the waiving party. Failure to enforce any provision is not a waiver of that provision or any other provision.
Entire Agreement; Order of Precedence
This Agreement, together with CHG's approved proposal, estimate, invoice, menu, rental order, staffing plan, and banquet event order, constitutes the entire agreement between the parties and supersedes all prior discussions, proposals, emails, estimates, understandings, and agreements.
This Agreement may be amended only by a written document signed by both parties.
If there is a conflict among documents, the following order of precedence applies:
This Agreement.
Any signed amendment.
The approved banquet event order.
The approved invoice or estimate.
The approved menu, staffing plan, rental order, or proposal.
Electronic Signatures; Counterparts
This Agreement may be signed electronically and in counterparts. Electronic signatures have the same legal effect as original signatures.
Acceptance
By signing below, Client confirms that Client has authority to bind the individual or entity receiving CHG's services and agrees to pay all amounts due under this Agreement.
