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Catering Agreement
These Catering Master Services Terms (the "Agreement") apply to catering services provided by Banana Daddy Miami LLC, a Florida limited liability company located at 3415 NE 1st Ave, Miami, FL 33137 ("Banana Daddy," "we," "us," or "our").
This Agreement is attached to, and forms part of, the catering proposal we send you (the "Proposal"). The person or organization named as the client in the Proposal is referred to as "you" or "your." You and we are each a "party" and together the "parties."
This Agreement covers catering provided through our Swirls Truck, our Banana Stand cart, and our drop-off delivery service. The Proposal describes the specifics of your event (the "Event"), including the date, location, guest count, selected package and menu, pricing, and the space and setup requirements for your service type.
How you accept. When you accept the Proposal (by signing or accepting it, confirming it in writing, or paying the deposit), you also agree to this Agreement, and the two documents together become a binding contract.
1. The Proposal and These Terms
The Proposal and this Agreement work together. The Proposal sets the event-specific details: date, time, location, guest count, package and menu, pricing, fees, and the space, access, power, and setup requirements for your service type. This Agreement sets the legal and business terms that apply to every Event we cater for you.
If the Proposal and this Agreement ever disagree about event details, pricing, or specifications, the Proposal controls. If they disagree about a legal term covered in this Agreement, this Agreement controls. Together they are the entire agreement between us about the Event and replace any earlier discussions.
2. What We Will Provide
We will provide the catering described in your Proposal (the "Services"), staffed and equipped as appropriate for your chosen service type. Our service types are:
Swirls Truck. Our self-contained mobile truck serving soft serve sundaes, specialty coffee, and baked goods, staffed by two or more team members.
Banana Stand. Our branded portable cart serving the full menu indoors or outdoors, staffed by two or more team members.
Drop-Off Catering. Delivery and setup of packaged baked goods and beverages for self-service, with optional staffing as an add-on. Soft serve and sundaes are not available for drop-off.
3. Pricing and Fees
Your pricing, package, fees, and add-ons are set out in the Proposal. Unless the Proposal says otherwise, every order also includes an 18% service charge and a 2% administrative fee, calculated on the food and beverage subtotal.
The 18% service charge and is not gratuity. Gratuity is at your discretion and is always welcome. Prices do not include Florida and Miami-Dade County sales tax, which we add where it applies.
Add-ons you request, day-of additions, and guest counts above your confirmed number are billed at the rates in the Proposal or on our current catering menu. We will tell you the price before adding anything that changes your total.
4. Deposit and Payment
Deposit. To reserve your date, a non-refundable deposit of 50% of your estimated total is due when you accept the Proposal. Your date is not held until we receive it.
Balance. The remaining balance, plus any approved add-ons, the service charge, the administrative fee, and applicable sales tax, is due in full on the day of your Event before service begins. We accept the payment methods we tell you at booking.
Day-of and after-event charges. Extra guests, additional staff hours, and items added on-site are billed after the Event and are due within 7 days. You authorize us to charge any card you place on file for amounts that remain unpaid.
Late payment. If the balance is not paid when due, we may decline to begin or continue service. Past-due amounts accrue interest at 1.5% per month or the highest rate allowed by law, whichever is lower.
5. Guest Count, Confirmation, and Changes
Lead time depends on your service type. Truck and cart bookings should be confirmed as early as possible to hold your date. Drop-off orders must be confirmed at least 72 hours before the Event.
Your final guest count and any dietary restrictions are due at least 48 hours before the Event. Once you give us your final count, it sets the minimum number of guests you are billed for and cannot be reduced. Increases are subject to availability and billed at your per-person rate.
Changing your service type (for example, truck to cart) must be requested at least 14 days in advance and depends on availability. Changes to a drop-off order within 24 hours of delivery depend on availability and may incur a modification fee.
6. Your Venue and Site Responsibilities
You are responsible for providing the access, space, surface, power, water, clearances, and on-site contact described for your service type in the Proposal, and for meeting the information deadlines in the Proposal (for example, sending site photos, a venue map or floor plan, and confirming power before the Event).
You confirm that you have the right to use the Event location and to grant us access for setup, service, and breakdown. If the site does not meet the requirements in the Proposal when we arrive, or if required permits or permissions are not in place, we will make reasonable efforts to provide the Services, but we cannot guarantee full performance and we are not responsible for delays, reduced service, or an inability to serve that results from site conditions outside our control. Fees are not refunded for these conditions.
We may decline or stop service if on-site conditions pose a health or safety risk to our staff, your guests, or our equipment.
7. Permits, Insurance, and Compliance
You or your venue are responsible for securing any event permits, temporary food vendor permits, and site-use permissions the Event requires. We hold the health department certifications that apply to our operation and carry general liability, vehicle, and workers' compensation insurance. Certificates of insurance are available on request. We prepare all items in a certified commercial kitchen, and our staff are food handler certified.
8. Cancellation and Rescheduling
If you cancel. Your deposit is non-refundable. If you cancel 7 or more days before the Event, you forfeit the deposit only. If you cancel within 7 days of the Event, a cancellation fee of 50% of your total Event price applies. If you cancel within 48 hours of the Event, the full Event price is due and is non-refundable.
If you reschedule. We will try to move your booking to a new date if you ask at least 14 days before the Event. We can accommodate one date change, subject to availability, and your deposit carries over to the new date, which should fall within six months of the original date.
If we cancel. If we cancel for any reason other than your breach or a force majeure event, we refund every amount you have paid us, including the deposit. That refund is your sole and exclusive remedy if we cancel.
9. Weather and Events Beyond Our Control
For outdoor events you are responsible for providing the tent, canopy, or cover described in the Proposal so service can continue in sun or light rain. For everyone's safety, we may pause or stop service during lightning, high wind, flooding, or other unsafe conditions, without liability and without reducing amounts owed.
Neither party is responsible for failure or delay caused by events beyond its reasonable control, including hurricanes, tropical storms, severe weather, flooding, fire, power outages, government orders, road closures, accidents, illness, or labor disruptions (a "force majeure event"). If a force majeure event prevents the Event, we will work with you in good faith to reschedule. If we cannot reschedule, you remain responsible for costs we have already reasonably incurred, and we refund the balance you have paid.
10. Food, Allergies, and Dietary Needs
You are responsible for telling us about guest allergies and dietary restrictions when you give your final guest count. Our soft serve bases are dairy-free and gluten-free, but our items are made and served using shared equipment and may contain or come into contact with allergens, including dairy, gluten, nuts, eggs, and soy. We cannot guarantee that any item is free of a given allergen, and you and your guests are responsible for final decisions about what to eat.
11. Limitation of Liability
To the fullest extent allowed by law, our total liability for any claim arising out of or relating to this Agreement or the Services will not exceed the total amount you actually paid us for the Event. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, even if we were advised that such damages were possible. Nothing in this section limits any liability that cannot be limited under Florida law, including liability for our own gross negligence or willful misconduct.
12. Indemnification
You agree to defend, indemnify, and hold harmless Banana Daddy and its owners, members, employees, and contractors from any claims, damages, losses, and reasonable costs (including attorneys' fees) arising out of: your or your guests' acts or omissions; the condition of the Event location or venue; your failure to obtain required permits or permissions; crowd management, security, and guest safety beyond our service zone; and your breach of this Agreement.
In fairness, we will be responsible for, and will indemnify you against, claims for bodily injury or property damage to the extent directly caused by our own negligence or willful misconduct.
13. Our Equipment and Branding
Our truck, cart, equipment, carafes, trays, and serving items remain our property at all times. You are responsible for loss of or damage to our equipment caused by you or your guests at the Event, beyond normal use. Our branded truck, cart, signage, and materials may not be removed, covered, or altered without our prior written consent. For drop-off orders, we will arrange to collect any reusable equipment after your Event during a window we confirm at booking.
14. Photography and Social Media
We love being tagged. If you post about your Event, please tag @eatbananadaddy. Any commercial photography or video of our setup or staff requires our prior written consent. We may photograph our own setup and service for our marketing, and if you would prefer we not, just tell us in writing before the Event.
15. Staffing
Two or more team members are included with every truck and cart booking, and staffing for drop-off is available as an add-on. During the Event and for 12 months after, you agree not to directly solicit or hire our staff for catering or food-service work without our written consent.
16. Independent Parties
We provide the Services as an independent contractor. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between you and us.
17. Governing Law and Binding Arbitration
This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws rules.
Any dispute arising out of or relating to this Agreement or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Miami-Dade County, Florida. Judgment on the award may be entered in any court with jurisdiction. Each party waives any right to a jury trial and to bring claims as a class action. The prevailing party is entitled to recover its reasonable attorneys' fees and costs as the arbitrator determines.
Either party may still bring a claim in small claims court if it qualifies, and either party may ask a court for an injunction to protect its property, equipment, or intellectual property.
18. General Terms
Entire agreement. This Agreement and the Proposal together are the entire agreement between us about the Event and replace any earlier discussions, with order of precedence as described in Section 1.
Changes. Any change to this Agreement must be in writing and signed or confirmed by email by both parties. A revised Proposal that we both accept updates the event details and pricing without changing these terms.
Assignment. You may not assign this Agreement without our written consent. We may use qualified staff or subcontractors to help provide the Services.
Notices. Notices may be sent by email to the addresses the parties provide, and to us at events@bananadaddy.com.
Severability and waiver. If any part of this Agreement is found unenforceable, the rest stays in effect. If we do not enforce a term once, we do not give up the right to enforce it later.
Signatures. This Agreement may be accepted with the Proposal or signed in counterparts, including by electronic signature, each of which counts as an original.