Invoice Terms and Conditions (Updated July 2022)

These terms and conditions constitute the contract (“Contract”) between Scuttlebutt Coffee Company LLC (“Scuttlebutt”) and the client identified in the associated invoice or estimate (“Client”) for the food and services as provided in the invoice or estimate (the “Services”). By paying the invoice, or agreeing to the estimate, Client agrees to this Contract.

Payment. In consideration for the Services, Client agrees to pay Scuttlebutt the amount listed in the invoice or estimate, per the provided payment schedule. Client shall pay Scuttlebutt by personal check, money order, credit card, or ACH payment. If paying by check or money order, Client may drop check or money order off at Scuttlebutt’s retail establishment located 10a Bridge St., Dartmouth, MA 02748. Alternatively, Client may mail the check or money order to the address listed in prior sentence. Checks should be made out to “Scuttlebutt Coffee Company LLC”. Scuttlebutt, in its discretion, may add an additional 3% fee for credit cards or a 1% fee for ACH.

Menu Changes. Client understands that Scuttlebutt must order food and supplies in advance, and any changes must be requested at least seven days prior to the event. Menu changes may incur additional charges.

Allergies. Client represents and warrants that it has informed Scuttlebutt of any food allergies of Client or its guests.

Cancellation by Client. All payments and deposits will be returned if event is cancelled by Client up to fourteen (14) days prior to the event date. All payments and deposits will be returned, less 50% to cover food and supply cost, if event is cancelled by Client within fourteen (14) days of the event, but before 48 hours of the event. No refunds will be returned if event is canceled by Client within 48 hours of event.

Cancellation by Scuttlebutt. Scuttlebutt reserves the right to terminate this Contract for any reason. If Scuttlebutt terminates this Contract, all deposits and payments will be returned in full.

Indemnification, Assumption of Risk, and Limitation of Liability. Client shall indemnify, hold harmless and defend Scuttlebutt, its officers, directors, members, employees, subcontractors and agents from against any and all losses, claims, liability, damage, action, judgment recovered from or asserted against them, or other expense (including, without limitation, attorneys’ fees and expenses), arising out of or relating to any third-party claim of negligence, property damage, personal injury or death arising from or related to the Services performed by Scuttlebutt, and/or acts or omissions of Client, its agents, contractors, employees or invitees in connection with the Services. Client assumes all risk of injury to its employees, agents, contractors, invitees or any attendees at the event related to the Services from any cause, and hereby waives all claims in respect thereof against Scuttlebutt. The foregoing indemnification and assumption of risk shall not be effective to the extent that property damage or personal injury results directly from the gross negligence or intentional misconduct of Scuttlebutt. EXCEPT FOR INDEMNIFICATION OBLIGATIONS HEREUNDER, (A) UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT AND (B) EITHER PARTY’S TOTAL LIABILITY TO THE OTHER PARTY FOR ANY CLAIM ARISING UNDER THIS AGREEMENT SHALL EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO SCUTTLEBUTT UNDER THIS AGREEMENT.

Entire Agreement, Modifications. This Contract constitutes the entire agreement between the parties, supersedes all prior agreements, and may only be modified by the parties in writing. This Contract may be executed in any number of counterparts, each of which will be deemed an original and will constitute one signed agreement

Choice of Law, Venue. This Contract shall be construed in accordance with the applicable laws of the Commonwealth of Massachusetts, without regard to conflicts of law. Any action brought to enforce or interpret this contract shall be brought in the court of appropriate jurisdiction in Bristol County, MA.