FOOD PREPARATION SERVICES AGREEMENT
This Food Preparation Services Agreement (this “Agreement”) is made and entered between you (“Client”) and Katy’s Cooking Tonight, LLP, a Wisconsin limited liability partnership (“Katy’s Cooking Tonight, LLP”), and is effective as of the day on which you evidence your assent hereto by clicking “Agree” on our contact form.
WHEREAS, Client wishes to engage Katy’s Cooking Tonight, LLP, from time to time, as requested by Client, to prepare meals for Client, assist in grocery shopping and related tasks in the residence of Client (the “Services”); and
WHEREAS, Katy’s Cooking Tonight, LLP desires to perform the Services for Client.
NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the Client and Katy’s Cooking Tonight, LLP agree as follows:
Section 1. Services. Katy’s Cooking Tonight, LLP hereby agrees to perform the Services, at such times as may be mutually agreed between Client and Katy’s Cooking Tonight, LLP. The Services may include, as to be agreed by Client and Katy’s Cooking Tonight, LLP from time to time, purchasing groceries, food preparation, and other services ancillary to food preparation.
Section 2. Area of Service. Katy’s Cooking Tonight, LLP offers services under this Agreement as defined in section 1.0 throughout the four county region comprising: Milwaukee, Waukesha, Racine and Ozaukee counties (herein after “Southeastern Wisconsin). If your address is outside the area of service you may not be eligible to receive services by Katy’s Cooking Tonight LLP. Katy’s Cooking Tonight LLP reserves the right to refuse service or assess additional travel and mileage fees at its sole discretion for service provided outside the service area. Katy’s Cooking Tonight LLP reserves the right to verify any address provided.
Section 3. Quality Standard of Performance; Right to Subcontract. Katy’s Cooking Tonight, LLP represents and warrants that it shall perform all of its obligations under this Agreement in a professional manner and generally consistent with the Client’s requests. Notwithstanding anything to the contrary contained in this Agreement, Katy’s Cooking Tonight, LLP shall be permitted to assign any or all of its obligations under this Agreement to a subcontractor, or other independent agent, at Katy’s Cooking Tonight, LLP’s sole discretion.
Section 4. Duties and Obligations of the Client. In order that Katy’s Cooking Tonight, LLP may be able to perform the Services, the Client shall: 4.1) Provide Katy’s Cooking Tonight, LLP with sufficient information regarding the culinary services and food preparation requested, including any special dietary needs, food allergies, or preferences; 4.2) Provide the cooking facilities and instruments necessary for Katy’s Cooking Tonight, LLP to provide the Services (except as otherwise mutually agreed on a case by case basis); 4.3) Provide Katy’s Cooking Tonight, LLP with at least  hours notice in the event of a need to cancel any appointment or other instance whereby Katy’s Cooking Tonight, LLP is supposed to provide the Services; and 4.4) In the event that Client shall request that Services be provided while Client is not located at Client’s residence, Client shall provide any and all items necessary for Katy’s Cooking Tonight, LLP to gain access to Client’s residence, including, but not limited to a key and any alarm or other access codes.
Section 5. Compensation; Reimbursement. In compensation for the performance of the Services by Katy’s Cooking Tonight, LLP, the Client hereby agrees to pay Katy’s Cooking Tonight, LLP the agreed to fee less any negotiated discounts.
5.1) Client hereby agrees to provide Katy’s Cooking Tonight, LLP with a valid and active credit card number, which Client may change at its discretion from time to time (the “Credit Card”)and hereby authorizes Katy’s Cooking Tonight, LLP to charge the Fee to the Credit Card at the time of service request, prior to performance of service or delivery of grocery items.
5.2) Client hereby agrees to reimburse Katy’s Cooking Tonight, LLP for all out-of-pocket expenses incurred by Katy’s Cooking Tonight, LLP in connection with the provision of the Services under this Agreement (“Expenses”). Katy’s Cooking Tonight, LLP shall, upon request, submit copies of invoices and receipts detailing Expenses to the Client. Unless Client otherwise arranges for reimbursement of the Expenses, Client hereby agrees that Katy’s Cooking Tonight, LLP may charge the Expenses to the Credit Card immediately following purchase of groceries or supplies related to the performance of Services under this Agreement.
5.3) In the event that Client breaches its obligations under sections 4.3 or 4.4 above, Katy’s Cooking Tonight, LLP shall be authorized to charge a Fee for the Services agreed upon, but for Client’s breach. Additional fees may include cancellation fees, reimbursement(s) related to expenses incurred for services under this Agreement or change fees for rescheduling service(s) dates.
Section 6. Cancellation. Katy’s Cooking Tonight LLP reserves the right cancel Client services at any time if Client fails to pay amounts owed, violates or breaches any of this Agreement, or for any reason in our sole discretion. Client may cancel services at any time by contacting Katy’s Cooking Tonight LLP at 701-367-3031. Client cancellation in under 48 hours from the date of service may result in a loss of all fees and payment for service at the discretion of Katy’s Cooking Tonight LLP. Cancellation notice provided by Client in advance of 7 business days from the date of service may result in a cancellation fee or change fee if the service date may be rescheduled as mutually agreed upon. The Client will remain responsible for any payment of any outstanding balances accrued through the cancellation date, including late fees, change fees, and cancellation fees described herein.
Section 7. Taxes. Client is responsible for all taxes or government fees and charges, if any which are assessed based on the services provided under this Agreement. Any amount charged to Client may be subject to tax, which will vary according to your billing address and applicable law.
Section 8. Fees. The following fees may be charged, all of which are subject to change without notice: 8.1) Late Fee if payment is not received by the billing due date a late fee may be assessed. The late fee is the lesser of $5.00 or the maximum amount permitted under state law per month until the delinquent amount is paid in full. Credit is not extended to the Client. This is not an interest or finance fee.
8.2) Cancellation Fee a cancellation fee may be assessed if Client terminates service less than seven days prior to the date of service. The cancellation fee is currently $150.00.
8.3) Returned Payment Fee if any bank or other financial institution refuses to honor any payment of Client, a returned payment fee which is the lesser of $35.00 or the maximum amount permitted under state law may be assessed. Client acknowledges this is not an interest fee and is reasonably related to actual expenses incurred due to unsatisfied payments.
8.4) Change Fee if the Client is unable to adhere to the terms of service under this Agreement and seeks to reschedule the date of service a change fee of $25.00 may apply. Changes to the scheduled date of service with less than 48hrs notice may be subject to a cancellation fee or forfeiture of all fees paid at the discretion of Katy’s Cooking Tonight LLP. The Client shall be liable for any grocery, travel or supply expenses related to a change request received with less than 48hrs notice from the originally scheduled date of service.
Section 9. Term. This Agreement shall be effective as of the date first above written and shall continue in full force and effect until either party terminates this Agreement by giving notice to the other party of such termination.
Section 10. Independent Contractor Relationship. Katy’s Cooking Tonight, LLP shall provide all services under this Agreement as an independent contractor and not an employee of Client. Katy’s Cooking Tonight, LLP is responsible for its own actions and/or those of its employees, designees, subcontractors or representatives if any. The Client is interested in the results obtained under this Agreement, and accordingly the manner and means of conducting the work under this Agreement are within Katy’s Cooking Tonight, LLP’s independent judgment and control.
Section 11. Non-exclusivity. It is expressly understood that Katy’s Cooking Tonight, LLP is free to engage in other contracting, employment, consulting, or other business activities during the term of this Agreement, provided, however, that during the term of this Agreement, Katy’s Cooking Tonight, LLP shall not engage in activities which interfere with Katy’s Cooking Tonight, LLP’s ability to perform its obligations and responsibilities to the Client under this Agreement.
Section 12. Limitations of Warranty and Liability.
12.1) EXCEPT AS STATED IN THIS AGREEMENT, Katy’s Cooking Tonight, LLP MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SERVICES AND Katy’s Cooking Tonight, LLP EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12.2) UNDER NO CIRCUMSTANCES WILL Katy’s Cooking Tonight, LLP BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CLIENT OR ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHERWISE. NOTWITHSTANDING THE FORM (e.g., CONTRACT, TORT, OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, IN NO EVENT WILL Katy’s Cooking Tonight, LLP BE LIABLE FOR DAMAGES OR LOSSES THAT EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES PAID BY CUSTOMER FOR THE SERVICES PERFORMED UNDER THIS AGREEMENT.
Section 13. Indemnification. Katy’s Cooking Tonight, LLP agrees to indemnify the Client against and reimburse the Client for any and all liability, loss, claims, or actions arising from damage or injury to persons or property caused by or sustained in connection with Katy’s Cooking Tonight, LLP’s gross negligence or willful misconduct committed in connection with the performance of this Agreement. The Client agrees to indemnify Katy’s Cooking Tonight, LLP against and reimburse Katy’s Cooking Tonight, LLP for any and all liability, loss, claims, or actions arising from damage or injury to persons or property caused by or sustained in connection with the Client’s gross negligence or willful misconduct committed in connection with the performance of this Agreement performance of this Agreement.
Section 14. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable in any respect, the Client and Katy’s Cooking Tonight, LLP agree that such term or provision shall be deemed to be modified to the extent necessary to permit its enforcement to the maximum extent permitted by applicable law.
Section 15. Entire Contract. This Agreement contains the entire agreement between the Client and Katy’s Cooking Tonight, LLP and completely supersedes any and all prior agreements, written or oral, between the parties. There are no agreements, representations, or warranties not set forth herein, and this Agreement cannot be waived, modified or supplemented, except by written agreement executed by the Client and Katy’s Cooking Tonight, LLP.
Section 16. No Assignment. This Agreement is personal in nature and shall not be assignable or transferable by either party without the prior written consent of the other party without the Client’s prior written consent.
Section 17. Waiver. Waiver by either party of any breach of this Agreement shall not be construed as a waiver of any rights under this Agreement for any subsequent or continuing breach hereof.
Section 18. Recovery of Legal Fees. The Client agrees to pay Katy’s Cooking Tonight LLP’s legal fees and damages associated with debit collections, legal action or other legal matters related to enforcement or compliance with this Agreement.
Section 19. Governing Law. This Agreement and performance by the parties hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin, and suit, if any, must be brought in the Circuit Court, County of Milwaukee, in the State of Wisconsin.
The parties have to agree to this Agreement.
REFUND & EXCHANGE POLICY
Clients may receive a refund in the form of a credit for fees paid issued to the credit, debit or merchant account used in making the purchase from Katy’s Cooking Tonight for up to 48 hours following the initial purchase transaction. Such credit may require up to 10 business days before appearing on the merchant service account or credit card.
For refund requests submitted more than 48 hours after the initial transaction, there are two options to receive the refund value:
Clients may receive the calculated refund value in the form of an eGiftCertificate or print voucher valid for future purchases from Katy’s Cooking Tonight.
Refund: Subject to the conditions below, if a client does use the entire amount on the eGiftCertificate, the remaining value is calculated by subtracting the fee used from the total amount paid. The refund policy applies as soon as payment is made, and applies to entire fee paid including. Katy’s Cooking Tonight refund policy is subject to change at any time.
Refunds will be calculated based on the total fee paid.
Where applicable, refund fee is 10% of the total amount refunded, with a minimum amount of $5.00 and a maximum amount of $100.00 per refund transaction. Unless stated otherwise, if a fee is refundable, the passenger may avoid any refund fee by accepting the full refund value of the ticket as an eVoucher or other exchange credit, good toward future travel within one year.
The above restrictions and fees will not apply to refunds requested by Clients who chose to reschedule or accept services at a mutually agreed upon service date and time.
Client refunds become non-refundable, not valid and have no exchange value, after one year from the date payment was made for that fee or service request. An eVoucher or other exchange credit is valid for one year from date of issue.
Where to Obtain Refunds
Refunds may be processed by calling 701-367-3031.
Katy’s Cooking Tonight can process your request for refund by mail. Send original purchase confirmation via certified mail with return receipt requested to:
Katy’s Cooking Tonight
3018 W. Yorkshire Cir.
Franklin, WI 53132
(The policies stated within this document are applicable to Katy’s Cooking Tonight website and other sites owned and operated by Katy’s Cooking Tonight LLP on the World Wide Web.)
The privacy of our visitors, customers and clients is very important to us. Since we do gather information about you, we provide this privacy statement to enable you to understand the terms and conditions associated with the collection of this data, as well as how we use it and how you can correct or change it. In addition, Katy’s Cooking Tonight pledges the following:
- Unless you otherwise agree (as indicated below), the information you give us or that we collect about you will not be shared with any third party, except with those third parties providing services to us (“our service providers”) and then only in the form of statistical information which has been aggregated with other user information for the purposes of our own website research and development in an effort to better serve your needs.
- We will never contact you without your permission, and we will immediately terminate any communications with you upon request.
You can choose to subscribe to one of our FREE electronic newsletters published from time to time by Katy’s Cooking Tonight. These newsletters are distributed through our service provider. To subscribe, simply check the box for each newsletter you wish to receive, provide your e-mail address and zip code and then submit. You may be asked to provide additional information such as job title, number of employees, country of origin, and type of business. As a subscriber to our newsletter, you also agree to receive advertisements, promotions, and special communications from Katy’s Cooking Tonight and its partners. You can remove yourself from our newsletter e-mail lists by simply following the “Unsubscribe” directions included in each newsletter you receive or send an email with “unsubscribe” in the subject line to [email protected]. Please be assured that the information you give us or that we collect about you in connection with your subscription to our electronic newsletters will not be shared with any third party, except with our service providers and then only in the form and for the purposes stated in the above Privacy Pledge.
Special Offers and Promotions
You can also choose to subscribe to our “special offer and promotions” lists which provide you with information and valuable offers by e-mail and by social media from us and our partners. Subscription to these lists is completely voluntary, and you may unsubscribe at any time. To subscribe, simply check the box for each category of interest, provide your e-mail address and zip code then submit. From time-to-time, you may be asked to provide additional information such as job title, number of employees, country of origin, and type of business. Offers you receive through this subscription will be identified in the message header as part of your participation in the Katy’s Cooking Tonight email or social media list. To unsubscribe, simply follow the directions provided in the footer of the e-mail or send an email with “unsubscribe” in the subject line to [email protected]. We want you to receive only those offers of interest to you. Please be assured that the information you give us or that we collect about you in connection with your subscription to our special offers will not be shared with any third party, except with our service providers and then only in the form and for the purposes stated in the above Privacy Pledge.
Contests And Sweepstakes
All contests and sweepstakes on our websites are conducted in accordance with applicable federal and state laws. The information you voluntarily provide by participating in any such contest or sweepstakes event will be used to verify participant identity and to contact winners, and may be shared with named co-sponsors, which may use such information to apprise you of their goods and/or services. Please be assured that, except to the extent shared with co-sponsors, the information you give us or that we collect about you in connection with your participation in any such contest or sweepstakes event will not be shared with any other third party, except with our service providers and then only in the form and for the purposes stated in the above Privacy Pledge.
E-Mail Data Analysis
From time-to-time, we provide our e-mail lists (newsletters & special offers) to our service providers, which in turn provide us with specialized services, such as e-mail message deployment, merge-purge (identifying and removing duplicate addresses) of lists, statistical analysis and other data processing. Please be assured that the information you give us or that we collect about you in connection with your subscription to our electronic newsletters and/or special offers will not be shared with any third party, except with our service providers and then for the purposes stated in the above Privacy Pledge.
Links to Other Sites
Protecting the security of your personal information is very important to us. When we store information you’ve provided to us, that information is protected by security measures that include “firewalls” (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network), “intrusion detection systems” (a combination of computer hardware and software that helps detect any unauthorized visitors), “secure socket layer” (data encryption used when transmitting certain information such as personal information from a form or a transaction) and other security measures such as secure storage. Unfortunately, no data transmission over the internet or data repository can be guaranteed to be 100% secure. As a result, while Katy’s Cooking Tonight strives to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction or inadvertent disclosure of your personal information.
Reporting Unsolicited E-Mail
Despite our concerted efforts to prevent unsolicited (spam) e-mail relayed through Katy’s Cooking Tonight servers, unsolicited e-mail may sometimes get through. Katy’s Cooking Tonight NEVER sends unsolicited or spam e-mail. We view spam as a serious violation of privacy and a misuse of the internet in general. If you receive an unsolicited e-mail with a domain of Katy’s Cooking Tonight, please send it immediately to [email protected]. Upon receipt of the e-mail, we will do our utmost to track down the offender and take any actions necessary to stop spam messages.
You can correct or update any information you have provided to Katy’s Cooking Tonight by following the instructions in any electronic newsletter or offering we send, or you may correct your information by sending an e-mail to [email protected].
Any user receiving our electronic newsletter or who receives regular offers from our partners may opt out of our email list at any time by simply following the instructions to “Unsubscribe” within each newsletter or offering or send an an email with “unsubscribe” in the subject line to [email protected].
Contacting Katy’s Cooking Tonight
Should you have any questions, concerns or suggestions, you may contact Katy’s Cooking Tonight by e-mail at katy@katyscookingtonight or at the following address:
Katy’s Cooking Tonight LLP
3018 W. Yorkshire Cir.
Franklin, WI 53132
Effective Date: November 1, 2015