Hauchi Kay Event Catering Terms of Agreement

Hauchi Kay Event Catering Terms of Agreement is entered into between Hauchi Kay Catering Service Company and the client identified in the accompanying booking confirmation (“the Client”). This Agreement governs the provision of all catering services by Hauchi Kay, including but not limited to full-service event catering, wedding catering, corporate catering, birthday catering, private dining, buffet services, cocktail catering, and institutional catering in Kenya.

This Agreement becomes legally binding upon the Client’s payment of the required deposit and/or written acceptance of the catering quotation. The Client confirms, by proceeding with a booking, that they have the legal capacity to enter into this Agreement and that they do so on behalf of all persons attending the event.

This Agreement is a binding contract under the Law of Contract Act (Cap. 23), Laws of Kenya. All parties are bound from the moment offer, acceptance, and consideration (deposit) are established. The Agreement shall be construed and governed exclusively under the laws of the Republic of Kenya.

Scope of Services

Hauchi Kay agrees to provide the catering services as detailed in the signed quotation or proposal document, which forms an integral and inseparable part of this Agreement. The scope of services may include any combination of the following:

Service ComponentDescription
Menu PlanningCustomised menu development based on client preferences, event theme, guest dietary requirements, and budget
Food PreparationAll cooking, baking, and food production carried out by Hauchi Kay’s qualified culinary team
Delivery & SetupTransportation of all food, equipment, and supplies to the event venue and professional setup of serving stations
Service StaffDeployment of uniformed, trained waitstaff, servers, and supervisors for the agreed service duration
Equipment ProvisionChafing dishes, serving equipment, tableware, linen (where included), and food warmers as agreed
Breakdown & ClearancePost-event cleanup of Hauchi Kay’s service area and removal of all catering equipment

Any service not expressly included in the quotation is excluded from this Agreement. Additional services may be requested and will be subject to a supplementary quotation and written agreement.

Client Obligations

The Client undertakes the following obligations under this Agreement:

The Client shall provide Hauchi Kay with a final, confirmed guest count no later than 7 calendar days before the event. The Client shall ensure that the event venue is accessible to Hauchi Kay’s team in accordance with the lead times specified in Hauchi Kay’s Delivery and Setup Policy.

The Client shall disclose all relevant dietary requirements, allergen information, and religious dietary restrictions no later than 10 business days before the event. The Client shall ensure that the venue is safe, compliant with relevant health and safety regulations, and free from conditions that would prevent Hauchi Kay from safely performing its duties. The Client shall designate a responsible, contactable representative to be present at the venue throughout the event.

Payment Terms

Payment for catering services shall be made in accordance with the schedule below. All amounts are payable in Kenya Shillings (KES) unless otherwise agreed in writing.

Payment MilestoneAmount DueDue Date
Booking Deposit30%–50% of total invoice (see Booking Policy)Upon booking confirmation
Interim Payment (large events)Up to 30% of balance (if applicable)30 days before event
Final BalanceRemaining balance in full72 hours before event
Additional ServicesAs per supplementary invoiceWithin 7 days post-event

Hauchi Kay accepts payment via M-Pesa (Paybill), bank transfer, or mobile banking. Cash payments above KES 50,000 are subject to written receipt and verification. Hauchi Kay does not accept cheques. Late payment of the final balance beyond the 72-hour deadline will result in immediate suspension of service preparations and may result in outright cancellation at Hauchi Kay’s sole discretion, with full cancellation charges applying.

Late payment interest may be charged at the prevailing Central Bank of Kenya reference rate plus 3% per annum, calculated daily, on any amounts outstanding beyond the agreed due date, in accordance with the provisions of the Law of Contract Act (Cap. 23).

Limitation of Liability

To the fullest extent permitted by the laws of Kenya, Hauchi Kay’s total aggregate liability to the Client under or in connection with this Agreement shall not exceed the total amount paid by the Client to Hauchi Kay for the specific event giving rise to the claim. Hauchi Kay shall not be liable for any indirect, consequential, special, or economic loss, including loss of profit, loss of opportunity, or reputational damage.

Hauchi Kay shall not be liable for: service failures caused by the Client’s failure to meet their obligations under this Agreement; food safety issues caused by the Client’s failure to disclose allergen or dietary information; damage to food quality caused by delays in venue access beyond Hauchi Kay’s control; or any incident caused by third parties at the event venue.

Limitation of liability clauses are valid and enforceable under the Law of Contract Act (Cap. 23) in Kenya, provided they are not unconscionable, were brought to the attention of the Client prior to contracting, and do not seek to exclude liability for death or personal injury caused by negligence — which Hauchi Kay does not exclude.

Intellectual Property

All menus, recipes, food concepts, plating designs, and catering proposals developed by Hauchi Kay are the proprietary intellectual property of Hauchi Kay Catering Service Company. The Client is not permitted to reproduce, share, publish, or utilise Hauchi Kay’s proprietary menu content or recipes for commercial purposes without prior written consent from Hauchi Kay.

Confidentiality

Both parties agree to maintain the confidentiality of all commercially sensitive information exchanged during the course of this Agreement, including pricing, supplier details, and event logistics. This obligation survives the termination of this Agreement.

Dispute Resolution

In the event of a dispute arising under this Agreement, both parties agree to first attempt resolution through good-faith direct negotiation within 14 calendar days of notice of the dispute. If negotiation fails, the parties shall submit to formal mediation under the Mediation Act (Act No. 1 of 2020) of Kenya. Should mediation fail, the dispute shall be referred to the courts of Kenya with jurisdiction as agreed in the booking confirmation.

Pursuant to the Constitution of Kenya 2010, Article 159(2)(c), courts are encouraged to promote alternative dispute resolution mechanisms including mediation, arbitration, and negotiation. This Agreement reflects that constitutional principle by requiring mediation prior to litigation.

Entire Agreement

This Agreement, together with the booking confirmation, quotation, and any appendices, constitutes the entire agreement between the parties concerning the catering services and supersedes all prior representations, negotiations, and agreements, whether oral or written. No amendment to this Agreement shall be valid unless made in writing and signed by authorised representatives of both parties.

Contact

For all matters relating to this Agreement, clients may contact Hauchi Kay Catering Service Company at:

Website: www.eventscatering.co.ke | Kenya Only