Terms and Conditions

1. Agreement. These Terms and Conditions (the “T’s & C’s”) form an integral part of the overall agreement between you (referred to hereafter as the “Client”) and Chefs by Rowena-Reneé, a business of the Jamaican limited liability company, Hire-A-Chef Limited, (hereafter referred to as “CRR”), and should be read together with the confirmation letter given to you by CRR (the “Letter”). It is that Letter and these T’s & C’s which collectively form the provisions of CRR’s agreement with you (referred to herein collectively as the “Agreement”). When you send us your signed copy of the Letter, you are acknowledging that you have read and understood all the provisions within that Letter and these T’s & C’s.

 

2. Nature of Services. In hiring CRR, you understand and agree that the services requested of CRR will be performed by chefs contracted for hire through CRR and by service staff which are also contractors of CRR. Depending on the service chosen, booked, and paid for, our chefs will perform some or all of the following services for you: work with you to develop and create a personalized menu for your appointment or event(s), conduct all grocery shopping required to prepare the meal(s) designed by the chef, meal preparation and presentation, and kitchen clean-up, (hereafter referred to as the “Services”).

 

4. Disclaimer of Warranty. CRR does extensive research on its products, suppliers and contractors to make sure that we provide exceptional services to Client. Client will also receive a contractor profile before he/she is assigned a chef or a service contractor. In addition to previous contractor experience and qualifications, CRR also provides professional development opportunities for its contractors. However, CRR personal chef and catering services are provided on an "AS IS" or "AS AVAILABLE" basis and CRR does not provide any assurances of the availability or usability by you of the services or the website. CRR makes no representations or warranties, whatsoever, as to the substance, accuracy or sufficiency of any product information listed on the website. CRR makes no warranties, expressed or implied, including without limitation, no implied warranties of merchantability or fitness for a particular purpose, as to the products sold, the website, the personal chef and catering services, deliveries, or otherwise.

 

3. Estimates. You received an estimate in the Letter. You understand that any additions or deletions from the services, menu, or scope of the engagement will be accomplished verbally. Confirmation of such changes will be reflected in contemporaneous notes made by CRR and included in the Client’s CRR file. Though CRR shall endeavour to send confirming e-mails to the Client to confirm the nature of a change, such an e-mail is not a prerequisite to Client being bound for the cost associated with any modification of the estimate. Final costs are subject to change for various reasons including, but not limited to, the following:

 

a. Event Size. If your guest count increases substantially before the event we will do our best to provide additional service staff, for which added cost Client shall be responsible. If we are unable to provide additional staffing an additional charge may be added to your final bill to cover the increase in duties. Likewise, if Client’s guest count decreases, and the service staff CRR has arranged is no longer needed, there will be a minimum fifteen US dollar (US$15) charge to the client for each person we must take off the calendar.

b. Planning. You will note that “planning” is an item referenced in the estimate. This relates to the amount of time the chef dedicates to working with Client in planning the Client’s event. c. Substitutions. The chef contracted to work for client by CRR reserves the sole discretion to substitute seasonal or specialty grocery items because of availability, freshness or quality.

d. Unforeseen Costs. Client is responsible for any additional costs which are unforeseen at the time the Agreement is entered into but arise from issues beyond the reasonable control of CRR. In other situations, there may be other unforeseen consequences that necessitate a modification in costs.

e. Gratuity. Client understands that he/she is at liberty to tip CRR contractor at his/her discretion and agrees to inform the Principal Director if said contractors are soliciting tips.

 

4. Payment to CRR

a. Advance. A direct deposit for partial advance payment in the amount of forty percent (40%) of the estimate must be received by CRR upon booking. A booking must be made be at least sixty (60) days, for new Client, and fifty (50) days, for repeat or subscribing Client, prior to the service date. Specific dates will not be guaranteed until the advance for the service date is received by CRR. Last minute bookings will be accommodated where: (i) a chef is available; (ii) the specific order can be met at that short notice; (iii) Client pays a late fee of 50% of the original booking cost.

b. General. The invoice balance is due at 10:00 a.m. on the day prior to the service date and must be paid to CRR by direct deposit.

c. Method of Payment. We accept payments by direct deposit only.

d. Late Payments. A penalty of five dollars (US$5) per hour up to a maximum of five (5) hours after 10:00 a.m. on the day prior to the service date will be applied. After 3:00 p.m., service appointment will be cancelled and the cancellation policy will take

effect.

 

5. Cancellation Policy.

a. Cancellation by Either Party. Except in the case of a Chef for Nuptials and a Chef for the Hostest with the Mostest, either party may cancel three (3) calendar days or more before the service date. In this situation, the full amount of Client’s advance will be refunded. A Chef for Nuptials and A Chef for the Hostest with the Mostest, must be cancelled forty-five (45) days in advance to receive a full refund.

b.. Cancellation by CRR. CRR may cancel in the event it cannot obtain the appropriate service staff for a Client’s event, or for a reason outside the reasonable control of CRR but shall strive to give Client as much notice as is practicable. In the event of such cancellation, CRR will refund all amounts paid by Client up to the point of cancellation.

c. Cancellation by Client. A Chef for Nuptials and for the Hostest with the Mostest: If Client cancels between forty-four (44) and fourteen (14) days prior to the date of the event, Client’s advance will be refunded to Client, after deducting the following fees: i) a thirty percent (30%) cancellation fee to be applied on the deposit, ii) reimbursement for any out-of-pocket expenses incurred by CRR, and iii) a fee of fifteen US dollars (US$15) per service staff reserved on Client’s behalf. To the extent the advance funds are insufficient, then Client shall be invoiced for the remaining balance. Cancellation within thirteen (13) days or less of the date of the event will result in a forfeiture of Client’s entire advance. In addition to forfeiture of the advance, CRR reserves the right to request reimbursement for all out-of-pocket expenses incurred by CRR on behalf of Client. Such reimbursement is in addition to the forfeited advance. For all other packages, a thirty percent (30%) cancellation fee applies if cancelled within 2-5 days of the booking. If cancelled within 1 day before service date, no refund will be issued.

 

Client agrees that if he or she breaches this agreement or fails to pay for any portion of the bill, client will be liable to CRR for attorney’s fees, interest, and costs incurred by CRR in the process of collecting the balance due.

 

6. Refund Policy. In addition to terms and conditions 5 and 16b, the following shall be considered as a part of the refund policy. Client accepts that the meal produced by the Chef assigned is as a direct result of his or her instructions. Consequently, Client will not seek a refund on the basis that the meal was unsatisfactory, incomplete, or otherwise undesirable. If CRR determines that such case is as a result of the complete deviation of Chef, Client will receive up to eighty percent (80%) refund of the Chef’s fee.

 

7. Invoices. All invoices include a detailed break-down of costs and fees which include, but are not necessarily limited to, the following:

a. Chef’s Fee. The chef uses his/her/their time to: take your calls; create your menu; visit your service site and/or kitchen (if necessary); provide you an estimate; shop; reserve & order; travel to (but not from) the service site; prep; present the meal; clean up. New customers will be charged an additional orientation fee.

i. Planning. This is in consideration of the time the chef dedicates to working with Client in planning the Client’s event. In some instances, this may not be applicable or may be waived.

b. Service Staff. Depending on the menu, service staff may be required for your event, or Client may have specifically requested the booking of a member of the service staff. The service staff is arranged by and charged to you at thirty-five US dollars (US$35) per person per shift, unless provided otherwise in the estimate which accompanied your Letter. (A “shift” for this purpose is the length of service necessary for the particular meal(s) or event(s) for which CRR is hired, most typically a period between five (5) and eight (8) hours.

c. Holidays. Holiday rates are calculated at one and a half (1.5) times the regular rate for chef and service staff charges. The following days or dates are considered holidays for this purpose:

New Year’s Eve (December 31)

New Year’s Day (January 1)

Valentine’s Day (February 14)

Ash Wednesday

Easter Sunday

Easter Monday

Labour Day

Mother’s Day

Father’s Day

Emancipation Day (August 1)

Independence Day (August 6)

Heroes Day

Christmas Day (December 25)

Boxing Day (December 26)

d. Food and Beverage Costs/ Party Rental and Supply Costs. Food and beverage and party rental and supply costs are direct costs. We do your shopping and, if requested, reserve party supplies and equipment.

e. Loading/Transportation Fee. If applicable, a loading fee may be applied to events not held in a private home/kitchen, locations that require extensive loading and unloading, or for events of more than forty (40) people.

f. Special Purchases. Sometimes our clients request a menu for which their kitchen is not yet equipped. If special services or preparation time are required to accommodate Client’s request(s), CRR will first determine if the items can be rented (e.g., sushi or fondue sets); if they are unavailable for rental CRR will purchase the items. The amount of these special purchases will be included on your invoice; after the event they are yours to keep. To the extent you do not wish to keep such items, CRR reserves the right to charge a fee for removal of such items, and no credit against a Client’s invoice will be given for their value.

g. Chef’s Supply & Pantry Fee. If you request the use of the private chef’s supplies (e.g. tables, serving bowls and platters, etc.) we will apply a chef’s supply fee for the use of these items. Additionally, rather than purchasing every item needed to complete your menu (e.g. baking soda or salt, etc.) we may choose to use ingredients from the chef’s pantry and apply a nominal pantry fee to your invoice.

i. Coverage Fee. Client accepts this fee as a means of protection against the loss of, or damage to, ingredients or meals, beyond the reasonable control of the Chef assigned, for the duration of the service.

j. The Administration Fee. This is not the gratuity. It is CRR’s charge

for office services such as securing service staff, submitting quotes and menu drafts, and invoicing.

 

8. Insurance. CRR reserves the right to request that Client do either or both of the following, at Client’s own expense: a) Make CRR an additional insured on Client’s homeowners insurance policy; and/or b) reimburse CRR staff for any damages, loss, or injuries obtained while on the property of the Client.

 

9. Indemnification. Client shall indemnify, defend and hold harmless CRR, and CRR’s managers, members, employees and contractors from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries,

and deficiencies, including interest, penalties, and reasonable attorney fees and costs, that CRR may incur or suffer and that result from Client’s breach or failure of Client to perform any of the obligations set forth in this Agreement, or from Client’s negligence or any wilful act, or the negligence or wilful act of any of Client’s agents, guests, associates, or related parties.

10. Limitation of Liability.

1. The chef, service staff, equipment, and food prepared for Client are all provided by or through CRR entirely at the Client’s risk. CRR 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 CRR had any prior knowledge. CRR is not liable for any injuries sustained as a result of CRR’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. It is the sole obligation of Client to discern the potential of Client or Client’s guests for allergic reactions, and Client’s obligation to affirmatively discern from the chef what ingredients pose a special threat.

2. CRR shall not be liable to Client for any interception of online Communications, software or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts), unauthorized use of Client’s credit card, or other consequence beyond the reasonable control of CRR.

11. Alcohol. If alcohol is to be served at a Client’s event, it is the Client’s obligation to procure all alcohol and the bar setup necessary (e.g., olives, napkins, mixer, etc.) for the event; however, CRR may assist Client in determining the amount and variety of beer, wine, and liquor which may be appropriate given the nature of the event, and food to be served. While CRR service staff may assist a Client in the serving of alcohol, this is done under the strict direction and control of the Client. It is Client’s sole and absolute obligation to ensure those served are of legal age. Unless CRR service staff is expressly advised otherwise, it shall be presumed that all attendees at a Client’s event where alcohol is to be served have all been confirmed by Client to be of legal age, using proper identification, with picture and birth date. It is also Client’s sole responsibility and liability to ensure that those who are attending an event who will be driving are not served alcohol after their 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 CRR’s service staff will rely exclusively on Client’s active direction in this regard.

 

12. Non-interference with Business. During and for a period of eighteen (18) months immediately following the conclusion of services provided by CRR for Client, Client agrees not to solicit or induce any employee or independent contractor to terminate or breach an employment, contractual or other relationship of CRR which results in the employee or contractor performing services for Client or for a third party (i.e., not the Client) directly, or becoming associated with a company other than CRR for the performance of substantially similar services as those provided by the employee or contractor to CRR. The parties recognize that it is impossible to fix the damages for breach of this provision, due to a number of factors, including 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, the future profits lost by CRR the foregone future gratuity and administrative 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 CRR an amount of liquidated damages equal to eighty percent (80%) of all remuneration paid to the employee or contractor within the one (1) year period following the employee’s or contractor’s departure from CRR. In addition to the above liquidated damages, either party may seek any other available legal or equitable remedies.

 

13. Placement Fee. Should Client hire or engage an employee, independent contractor, or sub-contractor of CRR directly, Client agrees to pay CRR an amount equal to eighty percent (80%) of all remuneration paid to such individual for the one (1) year period commencing on the date the individual first performs such direct services for 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 may the compensation against which the placement fee owed to CRR is determined be less than reasonably comparable compensation for a similar position in a similar assignment. If Client fails to provide reasonably adequate proof of the total remuneration paid to the worker for the one (1) year period, then it shall be rebuttably presumed that the worker worked for the Client for twenty (20) hours per week, for fifty (50) weeks during the one (1) year period. Whether such a placement is with or without CRR’s permission, Client is solely responsible, and CRR expressly disclaims all responsibility for, all background checks, contacts, references, interviewing, screening, and the drafting responsibility for any employment or other agreements. CRR makes no guarantee, express or implied, that the individual hired will remain with Client for any particular length of time, or that the individual’s services will be of a certain quality.

 

14. Confidentiality.

a. CRR Commitment to Client. CRR Respects our clients’ privacy therefore, all information both business and personal will be kept confidential. However, in the event of neglect or abuse, CRR reserves the right to make the appropriate reports to authorities.

b. Client Commitment to CRR. Client agrees not to disclose any CRR information not already made public on its website, including but not limited to trade secrets, customer lists, supplier lists and prices, pricing schedules, methods, processes, or marketing plans. In the event that such disclosure is deemed to have cost CRR loss of future income and/or clients, Client shall reimburse CRR a total of fifty-percent (50%) of calculated damages. 

 

15. Communication. CRR shall conclusively presume that online communications received from you via email or our mobile application are accurate, complete, and authorized by you as received by CRR. You agree not to contest the validity and binding legal effect of those communications.

 

15.1 Communication with Contractors/Employees of CRR

CRR will create a Private Channel on the Slack application to allow for Contractor’s supervised communication with Client. Client agrees that he/she will not attempt to create any Direct Messages on Slack, or otherwise, to speak with Contractor outside of this Channel, and acknowledges that this will be treated as a breach of statements 12 and 13 of these Terms and Conditions.  

 

15.2 Client agrees to speak directly with the C.E.O. or relevant Director of CRR if Client has any queries not related to Contractor’s meal preparation or other assigned duties but related to the business of CRR. However, Client is at liberty to request the contact information of CRR including website, contact number, email address, and to request flyers, business cards, memorabilia, or other print media from Contractor.  

 

15.3 Client will not seek to meet with Contractor outside of his/her service hours assigned by CRR, unless otherwise instructed to do so by an agent or officer of CRR.

 

15.4 Client understands that any exchange of personal contact information with Contractor will be treated as a breach of statements 12 and 13 of these Terms and Conditions.

 

16. Miscellaneous Provisions.

a. 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 unless an essential purpose of the Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.

b. Force Majeure. Neither party shall be liable hereunder by reason of any 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, labour conditions, earthquakes, material shortages or any other cause which is beyond the reasonable control of such party. In the event that CRR cannot provide the services as planned because of these reasons, we will submit for payment an invoice for the labour and expenses incurred up to that point.

c. Choice of Law and Forum. The Agreement is entered into and is to be performed, and/or deemed performed, in all parishes in Jamaica. The Agreement, and any dispute arising from the relationship between the parties to the Agreement, shall be governed by Jamaica law regardless of any conflict of law provisions, including any laws that direct the application of another jurisdiction's laws. The parties expressly submit to the jurisdiction of Jamaica in general.

d. Waivers. No waiver or amendment, including those by custom, usage of trade or course of dealing, of any provision of these T’s & C’s will be effective unless in writing. One party’s waiver of any default or breach under these T’s & C’s by the other shall not constitute a waiver of any subsequent default or breach.

e. Signatures. These T’s & C’s may be signed in counterparts, which together shall constitute one contract.

f. 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.

g. 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 to be charged.

h. Notice of Terms and Conditions. Upon signing the Letter, Client will attest to having read these T’s & C’s, and will be provided a copy of them. These terms and conditions are also posted online at the CRR website, (the URL to which is www.chefsbyrowenarenee.com). Attestation of having read these T’s & C’s in the Letter and the availability of them on our website prior to signing the Letter shall be deemed to constitute actual notice to the Client of these T’s & C’s and the Client shall be bound hereby.

i. 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 which are not resolved by meeting and conferring may be submitted to mediation in Jamaica 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 Jamaica in accordance with the appropriate laws of Jamaica, 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 forty (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 a party, or for other fees or costs incurred by that party in enforcing its rights under the Agreement, the prevailing party will be entitled to reasonable attorneys' fees and costs, including mediation or arbitration fees (if applicable).

j. Terms and Conditions. These Terms and Conditions, , and the information contained in Client’s Letter shall be the sole terms of the agreement between Client and CRR regarding Client’s purchases. All statements otherwise made on the Site, or otherwise, are intended only for Client’s convenience and do not form and are not included in the Agreement or the terms for Client’s purchase. This Agreement constitutes the sole and only agreement between CRR and client and supersedes any prior understandings or written or oral agreements respecting this subject matter.

k. Changes to Terms and Conditions. CRR reserves the right to, with or without notice to Client, in CRR’s sole discretion, amend the Terms and Conditions for use and purchases regarding the personal chef & catering services. Any amendments by CRR will be effective only as to orders Client places after CRR’s revisions of these Terms and Conditions as sent to Client. In the event that the Terms and Conditions have changed since Client’s last order, it is Client’s responsibility to review the Terms and Conditions before submitting each order. CRR has no responsibility to notify Client of any changes before any such changes are effective.

l. Right to Refuse Service. CRR, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason. CRR reserves the right to add, delete or change fees or charges at any time giving Client notice at least one (1) day prior to service date.

m.  Media. Should Client give written consent to CRR to use pictures or video footage from Client’s booking, Client hereby releases, discharges, and agrees to hold harmless Chefs by Rowena-Reneé, its legal representatives and assigns, all persons acting under its authority, and those for whom it is acting, from all claims, causes of action and liability of any kind, now known or unknown, in law or in equity, based upon or arising out of their use or this agreement including, without limitation, claims of libel, slander, invasion of privacy, right of publicity, defamation, trademark infringement, and copyright infringement.