These Terms and Conditions govern your use of the Elevate Catering website and your purchase or use of catering services provided by Elevate Catering LLC (“Elevate Catering,” “we,” “us,” or “our”).

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By using this website, submitting an inquiry, accepting a proposal, paying a deposit, or entering into an event agreement with Elevate Catering, you acknowledge these Terms and Conditions. Submitting a quote request does not reserve an event date or create a catering agreement.

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1. CATERING INQUIRIES AND PROPOSALS

Information submitted through our website is treated as an inquiry only. Availability, menu selections, pricing, staffing, equipment, travel, rentals, service times, and other event details are not confirmed until stated in a written proposal or event agreement.

Quotes are based on the information provided by the client and may change if the event date, location, guest count, menu, service style, staffing needs, venue conditions, or other material details change.

Unless otherwise stated in writing, proposals may be revised or withdrawn before they are accepted.

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2. EVENT AGREEMENT AND RESERVATION

An event date is not reserved until:

• The applicable proposal or event agreement has been accepted;
• The required 50% deposit has been received; and
• Elevate Catering has confirmed the reservation in writing.

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Until all three requirements are completed, Elevate Catering may accept another event for the requested date and time.

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If an accepted proposal or event agreement conflicts with these general Terms and Conditions, the accepted proposal or event agreement will control as to that event.

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3. PRICING AND ADDITIONAL CHARGES

Event pricing will be stated in the applicable proposal or event agreement. Pricing may include or separately identify food, beverages, delivery, setup, staffing, service time, travel, rentals, equipment, taxes, administrative charges, and other event-related costs.

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Services or items requested after acceptance may result in additional charges. Elevate Catering will obtain written approval before making a material change to the agreed price, except for charges already authorized by the proposal or event agreement.

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Gratuities are not included unless expressly identified in writing.

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4. DEPOSIT AND FINAL PAYMENT

A deposit equal to 50% of the estimated event total is required to reserve the event date.Unless otherwise agreed in writing, the remaining balance is due no later than five calendar days before the event.

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If the balance is not received by the deadline, Elevate Catering may suspend preparations, withhold services, or cancel the event. Prior payments may be applied to cancellation charges, food or supplies already purchased, staffing commitments, rental obligations, administrative costs, and other documented or nonrecoverable event expenses.

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Acceptance of a late payment does not waive Elevate Catering’s right to enforce payment deadlines for that or any future event.

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5. FINAL GUEST COUNT

The client must provide a guaranteed final guest count no later than seven calendar days before the event.

The guaranteed final guest count becomes the minimum quantity used for preparation and billing. A decrease after the deadline will not reduce the amount due.

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Requests to increase the guest count after the deadline are subject to ingredient, equipment, staffing, and production availability. If accepted, additional guests will be charged at the applicable rate. 

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Elevate Catering does not guarantee that food prepared for the confirmed guest count will serve attendance exceeding that number.

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6. MENU AND EVENT CHANGES

Menu selections, service style, event schedule, location details, and other material arrangements become final seven calendar days before the event.

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Changes requested after that deadline are subject to availability and may result in additional charges. No requested change is effective until confirmed by Elevate Catering in writing.

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Changes to the event date or location may be treated as a cancellation and new booking if Elevate Catering cannot reasonably accommodate the requested change.

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7. CLIENT CANCELLATION

Cancellation requests must be made in writing by email to natalie@shokuinc.com. The cancellation date is the date Elevate Catering receives the written notice.

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Unless a signed proposal or event agreement provides otherwise, the following deposit-refund schedule applies:

• Cancellation 30 or more calendar days before the event: 90% of the deposit will be refunded.
• Cancellation 15 to 29 calendar days before the event: 50% of the deposit will be refunded.
• Cancellation fewer than 15 calendar days before the event: the deposit is nonrefundable.

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If the client has paid more than the required deposit, additional amounts will be refunded after deducting nonrefundable charges and documented or nonrecoverable costs incurred for the event, including food, supplies, rentals, staffing commitments, travel arrangements, and special-order items.

Refunds, if any, will be issued to the original payment method when reasonably practicable.

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8. RESCHEDULING

Requests to reschedule are subject to Elevate Catering’s availability and must be approved in writing.

Payments may be transferred to a new available date at Elevate Catering’s discretion. Price changes, seasonal costs, new venue requirements, staffing changes, and other expenses associated with the new date may be added to the event total.

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A request to reschedule does not guarantee that the original menu, pricing, personnel, or service arrangements will remain available.

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9. MENU AVAILABILITY AND SUBSTITUTIONS

Menus and ingredients are subject to availability, seasonality, supplier conditions, and quality standards.

If an ingredient or menu item becomes unavailable, Elevate Catering may provide a reasonably comparable substitute and will notify the client when practicable. Elevate Catering will seek the client’s approval before making a material menu change or an allergy-sensitive substitution.

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Minor substitutions that do not materially alter the menu or increase the client’s price may be made without prior approval.

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10. FOOD ALLERGIES AND DIETARY REQUESTS

The client must disclose all known food allergies and dietary restrictions no later than seven calendar days before the event.

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Elevate Catering will review disclosed requests and may make reasonable efforts to provide suitable options. However, food may be prepared, transported, stored, or served in shared kitchens and environments where milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, soy, sesame, and other allergens are present.

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Elevate Catering cannot guarantee an allergen-free environment or the complete absence of cross-contact. Clients and guests with severe allergies should consider this limitation before consuming food.

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Nothing in these Terms waives any obligation or liability that cannot lawfully be waived.

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11. VENUE REQUIREMENTS

Venue and setup requirements depend on the selected cuisines, menu, service style, location, and event details.Elevate Catering may require access to electricity, water, preparation space, refrigeration, heating equipment, loading areas, parking, tables, shelter, waste disposal, or other facilities. Applicable requirements will be confirmed in writing, including by email.

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The client is responsible for:

• Confirming that the venue permits the selected catering services and equipment;
• Obtaining required venue approvals or permissions;
• Providing timely and safe access for delivery, setup, service, and removal; and
• Ensuring that the venue provides any facilities or conditions assigned to the client in writing.

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Delays, restrictions, inadequate access, or missing facilities may affect service and may result in additional charges.

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12. SERVICE TIMES AND EVENT DELAYS

The agreed setup, service, and completion times will be stated in the proposal or event agreement.

If the event begins late, runs beyond the scheduled time, or service is delayed by the client, guests, venue, other vendors, weather, or circumstances outside Elevate Catering’s control, additional service is subject to staff availability.

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Approved time beyond the contracted service window will be billed at the overtime or hourly rate stated in the proposal or event agreement. Elevate Catering may end service at the contracted time if an extension is not available or approved.

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13. LEFTOVER FOOD

When practical and permitted by food-safety considerations, the client may request that eligible leftover food be released at the end of service.

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Once leftover food is released to the client or the client’s representative, responsibility for its transportation, temperature control, storage, reheating, handling, and consumption transfers to the client.

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Elevate Catering may refuse to release food that it reasonably determines cannot be safely packaged or transferred.

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14. EQUIPMENT, RENTALS, AND PROPERTY DAMAGE

The client is responsible for the documented repair or replacement cost of Elevate Catering’s equipment, serving items, and rentals that are lost, removed, or damaged by the client, guests, venue personnel, or other vendors.

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The client is not responsible for ordinary wear and tear or damage caused by Elevate Catering’s employees or contractors.

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Elevate Catering is not responsible for damage caused by venue defects, unsafe conditions, other vendors, guests, or circumstances outside its reasonable control.

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15. CLIENT AND VENUE RESPONSIBILITIES

The client is responsible for providing accurate event information and identifying an authorized event contact who can make decisions during planning and service. The client is also responsible for maintaining a reasonably safe environment for Elevate Catering’s employees and contractors. Elevate Catering may suspend or discontinue service if conditions are unsafe, unlawful, abusive, or materially different from those disclosed during planning.

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Suspension caused by unsafe or unlawful conditions does not automatically entitle the client to a refund.

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16. FORCE MAJEURE

Neither party will be liable for failure or delay caused by circumstances beyond its reasonable control, including severe weather, natural disaster, fire, flood, epidemic, government order, road closure, utility failure, labor disruption, civil disturbance, transportation interruption, venue closure, or similar event.

If such circumstances prevent performance, the parties will first attempt in good faith to reschedule the event. Payments may be transferred as a credit to a mutually available replacement date.

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If rescheduling is not reasonably possible, Elevate Catering will refund unused amounts after deducting documented or nonrecoverable costs already incurred or committed for the event.

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17. FOOD QUALITY AND SAFETY

Elevate Catering will prepare, transport, and serve food using practices it reasonably determines appropriate for the applicable menu and service.

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Clients and guests must follow instructions concerning food service, temperature control, leftovers, and consumption. Elevate Catering is not responsible for food altered, handled, stored, transported, served, or consumed contrary to provided instructions after control has transferred to the client, venue, guest, or another vendor.

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Nothing in these Terms excludes responsibility for Elevate Catering’s gross negligence, willful misconduct, or any liability that cannot legally be limited.

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18. THIRD-PARTY VENUES AND VENDORS

Elevate Catering is not responsible for the acts, omissions, delays, policies, equipment, facilities, or services of venues, rental companies, planners, entertainers, transportation providers, or other third parties.

Any dispute between the client and a third party remains the client’s responsibility unless caused by Elevate Catering’s own breach of an applicable written agreement.

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19. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Elevate Catering will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost business opportunities, reputational harm, or emotional distress.

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To the fullest extent permitted by law, Elevate Catering’s total liability arising from a particular event will not exceed the amount actually paid to Elevate Catering for that event.

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These limitations do not apply to gross negligence, willful misconduct, or liability that cannot lawfully be limited.

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20. WEBSITE INFORMATION AND ACCEPTABLE USE

Website descriptions, photographs, menus, and examples are provided for general informational purposes. Actual ingredients, presentation, portions, availability, and pricing may vary by event.

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You may not:

• Use the website for an unlawful or fraudulent purpose;
• Attempt to gain unauthorized access to the website or related systems;
• Interfere with website security or operation;
• Copy, scrape, reproduce, or exploit website content without authorization; or
• Submit false, misleading, or malicious information through website forms.

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We may restrict access to the website when reasonably necessary to protect the business, website, or other users.

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21. INTELLECTUAL PROPERTY

The Elevate Catering name, logo, website design, written content, graphics, photographs owned by Elevate Catering, and other original website materials are owned by or licensed to Elevate Catering LLC.

No license is granted except the limited right to view and use the website for personal or legitimate business-inquiry purposes.

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Third-party names, photographs, trademarks, and content remain the property of their respective owners.

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22. PRIVACY

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

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23. ELECTRONIC COMMUNICATIONS AND ACCEPTANCE

The parties may communicate, approve changes, and exchange documents electronically, including by email and electronic signature. A written approval or confirmation sent from an email address used by the client during the booking process may be relied upon as authorization from the client or the client’s representative.

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The client is responsible for reviewing confirmations and promptly reporting any error or unauthorized communication.

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24. DISPUTE RESOLUTION

Before filing a lawsuit, the parties will first attempt in good faith to resolve the dispute through direct discussion. If the dispute remains unresolved, the parties agree to participate in good-faith mediation in Utah before initiating litigation, unless emergency injunctive relief is reasonably necessary. Unless otherwise agreed, the parties will share the mediator’s fees equally and bear their own attorneys’ fees and costs during mediation.

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If mediation does not resolve the dispute, either party may bring an action in a court of competent jurisdiction located in the Utah county where Elevate Catering LLC maintains its principal business office, subject to any mandatory jurisdictional requirements.

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25. GOVERNING LAW

These Terms and any dispute arising from the website or catering services are governed by the laws of the State of Utah, without regard to conflict-of-law principles.

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26. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the greatest extent permitted by law, and the remaining provisions will remain effective.

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27. NO WAIVER

A party’s failure to enforce a provision does not waive the right to enforce it later. A waiver is effective only when made in writing by the party granting it.

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28. ASSIGNMENT

The client may not assign an event agreement without Elevate Catering’s written consent.

Elevate Catering may assign its rights or delegate appropriate responsibilities to an affiliate, successor, contractor, or service provider, provided that doing so does not materially reduce the agreed catering services.

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29. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

These Terms, the Privacy Policy, the accepted proposal, the event agreement, and written amendments constitute the agreement between the parties concerning the applicable services.

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If documents conflict, the following order controls:

1. A later written amendment signed or approved by both parties;

2. The event agreement;

3. The accepted proposal;

4. These Terms and Conditions;

5. The Privacy Policy.

6. CHANGES TO THESE TERMS

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We may update these Terms periodically. The version applicable to an event will be the version incorporated into the accepted proposal or event agreement unless the parties agree otherwise in writing.

Updated website terms apply prospectively and will display a revised “Last updated” date.

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30. CONTACT

Questions concerning these Terms and Conditions may be directed to:

Elevate Catering LLC
Email: natalie@shokuinc.com
Service Area: Utah