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Terms of Service
The terms for every booking — proposals, deposits, guest counts, changes and cancellations. Which apply depends on who books.
Last updated · October 8, 2026
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Private clients · version 1
Catering Services Terms — Private Clients
These Terms apply to every catering Event that an individual books with Carthage for personal, family or household purposes, such as a wedding, birthday, celebration or private dinner. A company, nonprofit, venue, agency or other organisation booking for business purposes is governed by the Catering Services Terms for Business Clients instead.
Please read these Terms before accepting a Proposal. They are shown in full in the Portal at the moment of acceptance, and a copy is emailed to you with your Event Agreement.
1. Definitions and interpretation
1.1 Defined terms. In these Terms:
(a) Carthage means Carthage Food by Aimen LLC, a California limited liability company doing business as Carthage Kitchen, of 1100 E 14th Pl, Unit 9, Los Angeles, CA 90021 (email: eat@carthagekitchen.com).
(b) Client means the individual named in the Event Agreement who accepts the Proposal.
(c) Event means the catered occasion described in the Event Agreement, on the date, at the times and at the venue stated there.
(d) Proposal means the written offer Carthage issues to the Client through the Portal, stating at least the menu, the guest count, the serving style, each line item and its price, the Event Total and the payment schedule.
(e) Event Agreement means the contract formed under Article 2, consisting of the accepted Proposal, the version of these Terms shown to the Client at acceptance, any addendum identified in the Proposal, and every Change Order the Client later accepts.
(f) Terms means these Catering Services Terms for Private Clients, in the version identified (by version ID and SHA-256 hash) in the Event Agreement.
(g) Event Total means the total price of the Event stated in the Event Agreement, including Services, Goods, extras and California sales tax, as adjusted by accepted Change Orders and by Article 6 (Guaranteed Count).
(h) Deposit means the part-payment of the Event Total due on acceptance under clause 5.2.
(i) Guaranteed Count means the final number of guests the Client guarantees in writing under Article 6.
(j) Tier Minimum means the minimum number of guests billed for the package tier chosen: Reserve 15 guests, Premier 25 guests, Sovereign 40 guests.
(k) Change Order means a written change to the Event Agreement issued by Carthage through the Portal showing the price effect, which binds only once the Client accepts it under clause 7.1.
(l) Portal means Carthage's client portal at carthagekitchen.com, through which Proposals, Change Orders, invoices, payments and notices are issued and accepted.
(m) Business Day means Monday to Friday, excluding California state holidays.
(n) Services means the catering services Carthage provides under the Event Agreement, including food preparation, delivery, setup, service, breakdown and any add-on services listed in the Event Agreement.
(o) Goods means food, beverages (other than alcohol), serviceware, rentals and any other tangible items Carthage supplies for the Event.
(p) Partner means an independent business that Carthage engages to perform part of the Services or to supply Goods, under a Master Partner Agreement (or MPA), the Schedule for its category and a Work Order (for services) or Purchase Order (for goods). A Partner is Carthage's supplier, never the Client's.
(q) Client Data means personal information about the Client, its guests and its Event that the Client gives to Carthage.
(r) Confidential Information means non-public information either party receives from the other in connection with the Event, including Client Data and Carthage's pricing, menus and Partner arrangements.
(s) Force Majeure Event has the meaning given in clause 8.7.
1.2 Days. "Days" means calendar days unless Business Days are stated. A period "before the Event" is counted backwards from the Event date; the day of the Event is not counted. All dates and times are Pacific time. A deadline expressed in days or Business Days ends at 11:59 p.m. Pacific time on its last day; a notice or payment received after that time counts as received on the next day.
1.3 Writing. "Written" and "in writing" include a message sent through the Portal and an email to or from eat@carthagekitchen.com or the email address verified on the Client's Portal account (Cal. Civ. Code §1633.7).
1.4 Headings and examples. Headings are for convenience only. Words such as "including" and "for example" do not limit the words before them.
2. Formation of the Event Agreement
2.1 Proposal. Carthage issues a Proposal through the Portal. A Proposal is valid for 30 days from the date it is sent, and never later than 8 days before the Event, whichever is earlier. After that it lapses unless Carthage reissues it.
2.2 How the Client accepts. The Client accepts a Proposal only by completing all of the following in the Portal:
(a) reviewing these Terms, which are displayed in full on the acceptance screen and not only by link;
(b) ticking the unchecked box stating "I have read and agree to the Catering Services Terms and this Proposal";
(c) typing the Client's full name as an electronic signature; and
(d) clicking the button labelled "Accept and sign".
2.3 Agreement to transact electronically. By completing clause 2.2 the Client also agrees to form the Event Agreement and receive records electronically, as described in Article 14 (Cal. Civ. Code §1633.5). A Client who prefers not to contract electronically may ask Carthage at eat@carthagekitchen.com for a paper contract before accepting.
2.4 Effect of acceptance. Acceptance forms the Event Agreement. Carthage immediately emails the Client a PDF of the full Event Agreement, including these Terms, which the Client can print and keep (Cal. Civ. Code §1633.8).
2.5 Acceptance record. Carthage keeps an audit record of each acceptance, including the signer's name, account and user ID, verified email, typed signature, the UTC timestamp, IP address, browser and device information, the version ID and SHA-256 hash of these Terms, a hash of the Proposal as accepted, and the exact checkbox and button text shown. The Client agrees that this record, together with access to the Client's verified Portal account, is evidence that the acceptance was the Client's own act (Cal. Civ. Code §1633.9). Carthage keeps the acceptance record, the Event Agreement and every Change Order for at least 7 years after the Event, longer if a public contract requires (Cal. Civ. Code §1633.12).
2.6 Date reserved on payment of the Deposit. The Event Agreement exists from acceptance, but the Event date is reserved for the Client only when the Deposit is paid. Until then Carthage may accept other bookings for the same date. If the Deposit is not paid within 5 Business Days after acceptance, Carthage may, by written notice, treat the Event Agreement as lapsed, and neither party then owes the other anything under it.
2.7 Third-party signature. Where a Client asks for it, Carthage may use DocuSign or an equivalent service instead of the Portal acceptance; the same Terms apply.
3. The Services and who performs them
3.1 What Carthage provides. Carthage will provide the Services and Goods described in the Event Agreement with reasonable skill and care, in accordance with applicable food-safety law and the standards in Article 9.
3.2 One contract, one accountable company. The Client contracts only with Carthage. Carthage is the Client's sole point of contact, issues the only invoice for the Services and is responsible to the Client for all of them.
3.3 Use of Partners. Carthage prepares food in its own permitted kitchen and may also use vetted Partners — for example permitted food producers, staffing agencies that employ their own staff, delivery and logistics firms, rental and equipment suppliers, and licensed security providers — to perform part of the Services or to supply Goods.
(a) Carthage remains responsible. Carthage remains fully responsible to the Client for every part of the Services and Goods a Partner performs or supplies, as if Carthage had performed or supplied it itself.
(b) Same standards. Each Partner works under a Master Partner Agreement that requires it to meet the same food-safety, confidentiality, licensing and insurance standards Carthage owes the Client under these Terms.
(c) No contract with the Partner. A Partner has no authority to make promises to the Client on Carthage's behalf, does not invoice the Client and is not the Client's contractor.
(d) Exception — licensed bar. A licensed bar provider is never a subcontractor of Carthage; if the Client wants a bar it contracts directly with the bar provider (clause 9.6).
3.4 Personnel. All persons serving at the Event are employees of Carthage or of a Partner that employs them. Carthage does not supply kitchen, service or security workers engaged as individual independent contractors (Cal. Lab. Code §2775).
4. Price
4.1 All-in per-guest price. The per-guest price in the Proposal includes the food and the crew, delivery, setup and breakdown that the chosen serving style needs.
4.2 Extras. Tastings, rentals, add-on services and any other extras are itemised in the Proposal and agreed before acceptance. No extra is charged unless it is in the Event Agreement or an accepted Change Order.
4.3 No service charge; no automatic gratuity. Carthage does not charge a service charge and does not add a gratuity to any bill. Because the price is all-in, no mandatory fee is left out of the advertised price (Cal. Civ. Code §1770(a)(29)).
4.4 Tips. Guests and the Client may tip the serving staff voluntarily. Any tip given belongs to the staff in full, and Carthage will not take, keep or deduct any part of it (Cal. Lab. Code §351). No tip is suggested, requested or added in any Carthage document.
4.5 Sales tax. California sales tax is charged at the rate in effect for the delivery address of the Event. When food is catered, the food, its preparation and the service labour are taxable (Cal. Code Regs., tit. 18, §1603). Sales tax is shown as a separate line in the Proposal.
4.6 Tier Minimum. Each package tier has a Tier Minimum: Reserve 15 guests, Premier 25 guests, Sovereign 40 guests. If the Event has fewer guests than the Tier Minimum of the package chosen, the Client is billed for the Tier Minimum.
4.7 Price lock. The prices in the accepted Proposal hold for the Event. They change only by a Change Order accepted under Article 7.
5. Payment
5.1 Payment methods. The Client may pay by card or by ACH or bank transfer through the Portal or as the invoice states. Card payments are processed by Carthage's payment processor; Carthage does not store full card numbers.
5.2 Deposit. A Deposit of 30% of the Event Total is due on acceptance. The Deposit is a part-payment credited to the price. It is not a separate fee. What Carthage keeps if the Event is cancelled is set only by Article 8.
5.3 Balance. The balance of the Event Total, calculated on the Guaranteed Count, is due 7 days before the Event.
5.4 Charges after the Event. Charges arising on the day — guests served above the Guaranteed Count (clause 6.4), overtime and extra guests approved on the day (clause 7.5) and loss of or damage to rented items (clause 11.2) — are invoiced after the Event and are due within 10 days of the invoice date.
5.5 Late payment interest. If any amount is not paid when due, the overdue amount bears simple interest at 10% per year from the due date until paid (Cal. Civ. Code §3289; Cal. Const. art. XV, §1). No flat late fee is charged.
5.6 Balance not paid.
(a) Suspension. If the balance is not paid by its due date, Carthage may, after notifying the Client in writing, suspend preparation — including ordering, sourcing and staffing — until it is paid. Carthage will resume promptly once the overdue amount is paid, if it can still perform. A suspension is not a cancellation by Carthage under clause 8.9.
(b) Cancellation. If the balance is still unpaid 3 days before the Event, Carthage may cancel the Event by written notice. The cancellation is treated as a cancellation by the Client given on the date of that notice, and clauses 8.2 to 8.5 apply at that notice period.
5.7 Disputed amounts. The Client should raise any question about an invoice promptly in writing. Carthage will respond and correct any error. Interest under clause 5.5 does not run on an amount Carthage agrees was charged in error.
6. Guaranteed Count
6.1 Deadline. The Client must give Carthage the final Guaranteed Count in writing 10 days before the Event, with the dietary and allergy information required by clause 9.1. If the Client gives none, the guest count in the Event Agreement is the Guaranteed Count.
6.2 Billing. The Client is billed for the Guaranteed Count or the actual number of guests served, whichever is higher, and never fewer than the Tier Minimum.
6.3 Changes after the deadline.
(a) Increases after the deadline are accepted only if Carthage can source and staff them, and are billed at the contracted per-guest rate by Change Order.
(b) Decreases after the deadline do not reduce the amount billed.
6.4 Preparation buffer; every guest served is billed. Carthage prepares for up to 5% above the Guaranteed Count without a Change Order, so that unexpected guests can be served. The 5% is a preparation buffer only, not free guests: every guest served above the Guaranteed Count is billed at the contracted per-guest rate under clause 6.2.
7. Changes
7.1 Change Orders. Any change to the menu, the guest count before the Guaranteed Count deadline, the serving style, the times, the venue or the extras is made only by a Change Order showing its price effect. A Change Order binds only when the Client accepts it in the Portal in the same way as a Proposal (clause 2.2), with the same acceptance record (clause 2.5). Until accepted, the Event Agreement continues unchanged.
7.2 Payment schedule after a Change Order. A Change Order that changes the Event Total states the revised payment schedule. Any increase becomes payable with the next instalment or, if the balance has already fallen due, on acceptance.
7.3 Menu deadline. Menu changes requested later than 14 days before the Event are made only if Carthage can feasibly make them. Dietary needs for named guests are due with the Guaranteed Count (clause 9.1).
7.4 Substitutions. If a supply of an ingredient or dish fails for reasons outside Carthage's reasonable control, Carthage may substitute an ingredient or dish of equal or better quality, without a Change Order and at no extra cost. A substitution will never compromise a declared allergy, dietary requirement or halal requirement. Carthage will tell the Client of any material substitution as soon as practicable.
7.5 Overtime and on-the-day changes. If the Client asks the crew to stay beyond the contracted service window, the extra time is charged at the crew hourly rate stated in the Proposal, by Change Order. On the day of the Event, the on-site contact named in the Event Agreement may approve overtime or extra guests on the Client's behalf. Carthage confirms each such approval to the Client by email within 24 hours, and the Change Order is then issued in the Portal.
8. Cancellation, postponement and Force Majeure
8.1 How the Client cancels. The Client may cancel the Event at any time by written notice through the Portal or by email to eat@carthagekitchen.com. The notice period is counted from the date Carthage receives the notice to the Event date.
8.2 Amount Carthage keeps. On cancellation by the Client, Carthage keeps the following percentage of the Event Total excluding sales tax, subject to the private-client reduction in clause 8.3:
| Notice before the Event | Carthage keeps | Why — Carthage's real costs at that point |
|---|---|---|
| More than 60 days | 10% | Date held and other bookings declined; menu planning done |
| 31–60 days | 30% | Partners booked; staffing scheduled; seasonal sourcing committed |
| 15–30 days | 50% | Orders placed; rentals reserved; crew calendars fixed |
| 8–14 days | 75% | Perishable orders and prep scheduled; crew committed |
| 7 days or less | 100% | Food bought and in prep; crew owed reporting-time pay if released |
8.3 Private-client reduction for avoided costs. The amount Carthage keeps under clause 8.2 is reduced by any cost Carthage actually avoids or recovers as a result of the cancellation — for example by re-booking the date, cancelling an order without charge, or reusing Goods. On the Client's written request, Carthage will give the Client a statement of the costs avoided or recovered.
8.4 Why these amounts are agreed (recital). The Client and Carthage agree that:
(a) at the time the Event Agreement is made, the loss Carthage would suffer from a cancellation is impracticable or extremely difficult to fix, because it depends on how many other bookings Carthage turns away for the date, whether the date can be re-sold, which Partners, staff and suppliers have already been committed and on what terms, what perishable food has been bought, and what wages are owed to workers already called;
(b) the percentages in clause 8.2 are a reasonable endeavour to estimate that loss at each notice period, and they rise as Carthage's commitments rise;
(c) the same percentages are what Carthage must itself pay its Partners when it cancels their Work Orders because a Client has cancelled, so they track real costs passed through to Carthage; and
(d) the reduction in clause 8.3 ensures the Client is never charged for a cost Carthage did not in fact incur, so that the amount kept is a reasonable estimate of loss and not a penalty (Cal. Civ. Code §1671(c)–(d); *Ridgley v. Topa Thrift & Loan Assn.* (1998) 17 Cal.4th 970).
8.5 Refund after Client cancellation. Anything the Client has paid above the amount Carthage keeps is refunded within 10 Business Days after Carthage receives the cancellation notice, to the original payment method unless the parties agree otherwise. If the reduction under clause 8.3 is determined later (for example once the date is re-booked), the additional refund is paid within 10 Business Days after it is determined.
8.6 Postponement by the Client.
(a) The Client may postpone the Event once to a date within 12 months of the original Event date, without any cancellation charge, if the Client asks in writing more than 30 days before the Event and the new date is available.
(b) All payments carry over to the new date. Prices change only if the menu or the guest count changes, by Change Order.
(c) A request made 30 days or less before the Event, or a second or later postponement, is treated as a cancellation under clause 8.2 and a new booking.
8.7 Force Majeure Event. A Force Majeure Event means any of the following, beyond the reasonable control of the party affected: fire; flood; earthquake; epidemic or government order; the venue being destroyed or closed by authority; utility failure beyond either party's control; war; or riot (see Cal. Civ. Code §1511). The following are not Force Majeure Events: weather that does not make the Event unlawful or impossible; lower attendance; changes in cost; and a supplier's ordinary unavailability, for which Carthage must substitute under clause 7.4.
8.8 Effect of a Force Majeure Event. If a Force Majeure Event prevents the Event from going ahead on its date, either party may postpone it by written notice, and the Client then chooses either:
(a) a new date within 12 months, with all payments credited to it; or
(b) a refund of all payments less Carthage's documented costs that could not be recovered — such as perishables already bought and non-cancellable Partner charges — paid within 10 Business Days after the Client's choice, together with a statement of those costs.
The Client makes its choice in writing within 30 days after the postponement notice. If the Client makes no choice in that time, or no suitable date within 12 months is available, option (b) applies.
8.9 Cancellation by Carthage. If Carthage cancels the Event for any reason other than the Client's breach or a Force Majeure Event, Carthage will:
(a) refund everything the Client has paid within 10 Business Days; and
(b) help the Client find a replacement caterer, and reimburse the documented, reasonable extra cost of a comparable replacement, up to the Event Total.
8.10 Cancellation for Client breach. If the Client materially breaches the Event Agreement (including by failing to pay under clause 5.6) and does not cure the breach after written notice in time for Carthage to perform, Carthage may cancel the Event, and clauses 8.2 to 8.5 apply as if the Client had cancelled on the date of Carthage's notice. Cancellation for an unpaid balance is governed by clause 5.6(b).
9. Food safety, allergens, halal, alcohol and leftovers
9.1 Client's duty to disclose. The Client must disclose in writing, by the Guaranteed Count deadline (10 days before the Event), every allergy and dietary requirement among the guests, with the number of guests affected. A guest with a severe allergy must be named so that the chef can confirm the controls Carthage will use for that guest. Carthage cannot be responsible for a requirement it was not told about.
9.2 Labelling. Carthage labels every dish with its contents and with any of the nine major food allergens it contains — milk, eggs, peanuts, tree nuts, wheat, soybeans, fish, crustacean shellfish and sesame.
9.3 Cross-contact. Carthage's kitchen and its Partners' kitchens are not allergen-free facilities. Although Carthage uses controls to separate allergens, cross-contact cannot be ruled out. A dish labelled as free of an allergen is prepared without that ingredient, not in an allergen-free environment.
9.4 Halal statement. Halal: meat and poultry are zabiha-sourced from suppliers holding halal certification; Carthage itself holds no halal certificate. Kosher only when separately ordered from a certified kosher kitchen. A dish described as halal contains no pork and no alcohol in any form, including in cooking.
9.5 Food-safety standards are not disclaimed. Carthage is responsible for its own and its Partners' food handling and complies with the California Retail Food Code. Nothing in these Terms excludes or limits Carthage's responsibility for the safety of the food it supplies, or the implied warranty that food served for value is merchantable (Cal. Com. Code §2314).
9.6 Alcohol. Carthage does not sell, supply, serve or mark up alcohol, and no Carthage staff or Partner personnel will pour, serve or sell it. Only a person holding the appropriate licence may sell alcohol (Cal. Bus. & Prof. Code §23300).
(a) Licensed bar. If the Client wants a bar, the Client may contract directly with a licensed bar provider, which supplies and serves under its own ABC licence. Carthage may introduce a provider and coordinate timings with it, but the bar provider is not Carthage's subcontractor, Carthage takes no payment for alcohol, and the Client pays the bar provider directly.
(b) Host-supplied alcohol. If instead the Client supplies alcohol itself at a private Event, the Client is solely responsible for it and for complying with the law, including the conditions under which alcohol may be served without a licence (Cal. Bus. & Prof. Code §23399.1) and the California Department of Alcoholic Beverage Control's guidance on hosts paying bartenders for service only (ABC Licensing FAQ).
9.7 Food left out during service. Food that has been out of temperature control during service is discarded when its safe holding time ends, as the California Retail Food Code requires. Carthage will not pack or leave food that has passed that time.
9.8 Unserved food packed for the Client. At the Client's request, unserved food that has stayed under temperature control may be packed for the Client. Once it leaves Carthage's control, it is at the Client's request and risk, and Carthage is not responsible for how it is stored, reheated or eaten.
9.9 Donation. Carthage may donate surplus food in good faith to a nonprofit charitable organisation or food bank, or directly to individuals in need at no cost, as the law permits (Cal. Civ. Code §1714.25; 42 U.S.C. §1791). The Client agrees that surplus food the Client does not ask to have packed may be donated in this way.
9.10 Food from other sources. Food or drink supplied to the Event by the Client or by any third party other than a Partner (for example a celebration cake) is not Carthage's responsibility, and Carthage does not inspect, hold, label or serve it unless the Event Agreement says so.
10. Venue, site and staff safety
10.1 The Client's responsibilities. The Client secures the venue and any permission the venue requires, and ensures access for load-in, parking, power, water, kitchen or staging space and waste disposal as described in the Proposal.
10.2 Venue costs and delays. Venue fees, insurance certificates the venue requires beyond Carthage's standard cover (clause 12.1), and the cost of delays caused by venue access are the Client's responsibility.
10.3 Public events. If the Client intends to open the Event to the public or advertise it publicly (including on social media), the Client must tell Carthage before acceptance, because a public event may need permits a private event does not.
10.4 Staff safety. Carthage may stop service, and withdraw its staff and Partners' staff, if any of them is threatened, harassed or put in unsafe conditions, and the condition is not promptly corrected. A stoppage under this clause is not a cancellation by Carthage and does not entitle the Client to a refund for Services not performed because of it.
11. Rentals and property
11.1 Ownership. Rented and Carthage-supplied equipment, serviceware, linens and other items remain the property of Carthage or its Partner. Carthage will collect them at the end of the Event or at the time stated in the Event Agreement.
11.2 Loss and damage. The Client is responsible for loss of or damage to rented or Carthage-supplied items while they are in the custody of the Client or its guests (for example items left at the venue overnight at the Client's request), other than ordinary wear and damage caused by Carthage or its Partners. Carthage will charge the documented cost of repair or replacement.
11.3 Guests' conduct. The Client is responsible for the conduct of its guests at the Event.
12. Insurance and limitation of liability
12.1 Carthage's insurance. Carthage carries general liability insurance, including products-completed operations cover, of $2,000,000. On request, Carthage will name the venue as an additional insured and give the venue a certificate of insurance.
12.2 Limit of liability. Carthage's total liability for all claims arising from an Event is limited to the amounts the Client has paid for that Event.
12.3 Exclusions from the limit. Clause 12.2 does not limit Carthage's liability for:
(a) bodily injury or death;
(b) food-borne illness;
(c) damage to property caused by the negligence of Carthage or its Partners;
(d) fraud, gross negligence or wilful misconduct; or
(e) anything else that the law does not allow to be limited, including liability for one's own fraud, wilful injury or violation of law (Cal. Civ. Code §1668).
12.4 Indirect loss. Neither party is liable to the other for lost profits or indirect or consequential damages, except where the law does not allow that exclusion.
12.5 Consumer rights. Nothing in these Terms takes away a right the Client has as a consumer under California law that cannot be waived.
13. Photographs and marketing
13.1 Only with consent. Carthage may photograph or film the food, tables and setup at the Event, and use those images in its marketing, only if the Client has given consent — given by ticking the separate, optional photography box in the Portal or in writing. Refusing consent does not affect the Event or its price.
13.2 Guests. Carthage will not use any image in which a guest can be identified unless that guest has given permission. The Client's consent does not extend to guests' images.
13.3 No names. Carthage will not name the Client or the Event in marketing without the Client's separate written consent.
13.4 Withdrawal. The Client may withdraw consent at any time in writing. Carthage will then stop new uses of the images; it is not required to recall material already printed or published before the withdrawal.
14. Communications and electronic records
14.1 Electronic records. The Client agrees that the Event Agreement, Change Orders, invoices, receipts, notices and other records may be provided and signed electronically through the Portal and by email, and that each has the same effect as a paper record or signature (Cal. Civ. Code §§1633.5, 1633.7). Each record is provided in a form the Client can print or save (Cal. Civ. Code §1633.8).
14.2 Paper copies and withdrawal. The Client may ask for a paper copy of any record at no charge, and may withdraw consent to further electronic dealings at any time by writing to eat@carthagekitchen.com (Cal. Civ. Code §1633.5). Withdrawal does not affect the validity of anything already signed electronically.
14.3 Keeping contact details current. The Client must keep its email address and telephone number up to date in the Portal. A notice sent to the verified email address on the Client's account is treated as received when sent, unless Carthage learns it was not delivered.
14.4 Event messages. Carthage may email and, where the Client gives a mobile number for that purpose, text the Client about the Event (confirmations, payment reminders, logistics). The Client may stop texts at any time by replying STOP.
14.5 Marketing texts. Carthage sends marketing text messages only with the Client's prior express written consent, given by a separate, optional checkbox naming the mobile number. Consent is not a condition of any purchase and may be withdrawn at any time by replying STOP (47 U.S.C. §227; 47 C.F.R. §64.1200).
14.6 Marketing emails. Every marketing email includes an unsubscribe link and Carthage's postal address; Carthage honours opt-outs promptly and in any case within 10 Business Days (15 U.S.C. §7704).
15. Privacy and confidentiality
15.1 Privacy Policy. Carthage handles Client Data as described in its Privacy Policy at carthagekitchen.com/privacy, which forms part of the information given to the Client but is not a term of the Event Agreement.
15.2 Sharing with Partners. Carthage shares Client Data with a Partner only as needed to perform the Event (for example a delivery address and on-site contact with a delivery Partner, or dietary information with a food-producing Partner), and only under the confidentiality obligations of the Partner's Master Partner Agreement.
15.3 No sale. Carthage does not sell Client Data.
15.4 Confidentiality. Each party will keep the other's Confidential Information confidential and use it only for the Event, except as the law requires.
16. Disputes
16.1 Negotiation. If a dispute arises, either party may give the other written notice describing it, and the parties will try in good faith to resolve it by discussion for 30 days after the notice.
16.2 Mediation. If the dispute is not resolved within those 30 days, either party may refer it to mediation in Los Angeles County, administered by JAMS or ADR Services or conducted by another mediator the parties agree. Each party bears its own costs, and the mediator's fees are shared equally. There is no arbitration clause in these Terms.
16.3 Courts. If mediation does not resolve the dispute, either party may bring proceedings in the state or federal courts for Los Angeles County, which both parties accept as the venue.
16.4 Small claims. Either party may instead bring a claim in small claims court where it is eligible, without first mediating. The small-claims limit is $12,500 for a claim brought by a natural person (Cal. Code Civ. Proc. §116.221) and $6,250 for a claim brought by an entity such as Carthage (Cal. Code Civ. Proc. §116.220(a)(1)).
16.5 Attorney's fees. In any action on the Event Agreement, the prevailing party is entitled to its reasonable attorney's fees and costs. This applies equally to the Client and to Carthage (Cal. Civ. Code §1717).
17. General
17.1 Governing law. The Event Agreement is governed by the law of California.
17.2 Entire agreement. The Event Agreement is the entire agreement between the parties about the Event and replaces any earlier quotes, conversations or messages. Nothing in this clause excludes liability for fraud.
17.3 Order of precedence. If documents forming the Event Agreement conflict, they prevail in this order:
(a) any addendum identified in the Proposal;
(b) accepted Change Orders, the later prevailing over the earlier, for the items they change;
(c) the accepted Proposal (the Event Agreement order form); and
(d) these Terms.
17.4 Amendments. The Event Agreement may be changed only by a Change Order accepted under Article 7 or by a written amendment accepted by both parties. A new version of these Terms applies only to Events booked after it is published and never to an existing Event Agreement unless the Client accepts it.
17.5 Assignment. The Client may not transfer the Event Agreement without Carthage's written consent. Carthage may use Partners under Article 3 but may not transfer the Event Agreement as a whole without the Client's written consent, except to a successor to its business that assumes all of Carthage's obligations.
17.6 Severability. If any provision is held invalid or unenforceable, it is enforced to the maximum extent permitted and the rest of the Event Agreement continues.
17.7 No waiver. A failure or delay in enforcing a right is not a waiver of it.
17.8 Survival. Articles 8 (refunds and amounts kept), 11, 12, 15, 16 and 17 survive the Event and any cancellation.
17.9 Notices. Notices are given in the Portal or by email to the address on file: for Carthage, eat@carthagekitchen.com; for the Client, the verified email address on the Client's account. Clause 1.2 sets when a deadline ends.
18. Electronic acceptance
18.1 These Terms are accepted only in the Portal, as part of accepting a Proposal under clause 2.2. The acceptance screen shows these Terms in full and requires the Client to:
(a) tick the unchecked box: "I have read and agree to the Catering Services Terms and this Proposal";
(b) tick the separate box consenting to receive and sign records electronically (Article 14);
(c) type their full name as an electronic signature; and
(d) click "Accept and sign".
18.2 Optional, separate and unticked boxes allow the Client to consent to photography under Article 13 and to marketing text messages under clause 14.5. Neither is required to accept the Proposal.
18.3 On acceptance Carthage records the audit trail described in clause 2.5 and immediately emails the Client a PDF of the full Event Agreement.
The acceptance record — who signed, when, and the exact versions signed — is completed on your signed copy.
For Carthage: Carthage Food by Aimen LLC d/b/a Carthage Kitchen — accepted by issuing the Proposal through the Portal.
Business clients · version 1
Catering Services Terms — Business Clients
These Terms apply to every catering Event that a company, nonprofit, venue, agency or other organisation books with Carthage for business purposes. Individuals booking a personal, family or household event are governed by the Catering Services Terms for Private Clients. A county, city, school, healthcare or other public-agency Client is governed by these Terms together with the Public Program Addendum, and the agency's own contract or Purchase Order controls where it conflicts with them.
These Terms follow the same structure and numbering as the Private Client Terms: a clause with the same number states the same rule in the same words. The exceptions are the business-specific clauses — 1.1(b), 1.1(t)–(u), 1.5, 2.2, 2.8–2.10, 3.3(e), 3.5–3.6, 4.5, 5.3, 5.7–5.9, 8.3, 8.11, 12.5–12.8, 13.3, 15.5, 16.4 and 17.10 — and clauses 5.1, 5.4, 5.5, 12.2 and 12.3, which state the same rule with business payment terms or on a mutual basis.
1. Definitions and interpretation
1.1 Defined terms. In these Terms:
(a) Carthage means Carthage Food by Aimen LLC, a California limited liability company doing business as Carthage Kitchen, of 1100 E 14th Pl, Unit 9, Los Angeles, CA 90021 (email: eat@carthagekitchen.com).
(b) Client means the organisation named in the Event Agreement as the client, acting through the individual who accepts the Proposal on its behalf (the Signer).
(c) Event means the catered occasion or service described in the Event Agreement, on the date or dates, at the times and at the venue or delivery address stated there.
(d) Proposal means the written offer Carthage issues to the Client through the Portal, stating at least the menu, the guest count, the serving style, each line item and its price, the Event Total and the payment schedule.
(e) Event Agreement means the contract formed under Article 2, consisting of the accepted Proposal, the version of these Terms shown at acceptance, any addendum identified in the Proposal (including the Public Program Addendum where it applies), and every Change Order the Client later accepts.
(f) Terms means these Catering Services Terms for Business Clients, in the version identified (by version ID and SHA-256 hash) in the Event Agreement.
(g) Event Total means the total price of the Event stated in the Event Agreement, including Services, Goods, extras and California sales tax, as adjusted by accepted Change Orders and by Article 6 (Guaranteed Count).
(h) Deposit means the part-payment of the Event Total due on acceptance under clause 5.2.
(i) Guaranteed Count means the final number of guests the Client guarantees in writing under Article 6.
(j) Tier Minimum means the minimum number of guests billed for the package tier chosen: Reserve 15 guests, Premier 25 guests, Sovereign 40 guests.
(k) Change Order means a written change to the Event Agreement issued by Carthage through the Portal showing the price effect, which binds only once the Client accepts it under clause 7.1.
(l) Portal means Carthage's client portal at carthagekitchen.com.
(m) Business Day means Monday to Friday, excluding California state holidays.
(n) Services means the catering services Carthage provides under the Event Agreement, including food preparation, delivery, setup, service, breakdown and any add-on services listed in the Event Agreement.
(o) Goods means food, beverages (other than alcohol), serviceware, rentals and any other tangible items Carthage supplies for the Event.
(p) Partner means an independent business that Carthage engages to perform part of the Services or to supply Goods, under a Master Partner Agreement (or MPA), the Schedule for its category and a Work Order (for services) or Purchase Order (for goods issued by Carthage). A Partner is Carthage's supplier, never the Client's.
(q) Client Data means personal information about the Client's personnel, guests and Event that the Client gives to Carthage.
(r) Confidential Information means non-public information either party receives from the other in connection with the Event, including Client Data, the Client's business information, and Carthage's pricing, menus and Partner arrangements.
(s) Force Majeure Event has the meaning given in clause 8.7.
(t) Client Purchase Order means a purchase order the Client issues to Carthage for the Event. (Where these Terms say Purchase Order without qualification in relation to the Client, they mean a Client Purchase Order.)
(u) Approved Account means a Client that Carthage has approved in writing for net-30 payment terms.
1.2 Days. "Days" means calendar days unless Business Days are stated. A period "before the Event" is counted backwards from the Event date; the day of the Event is not counted. All dates and times are Pacific time. A deadline expressed in days or Business Days ends at 11:59 p.m. Pacific time on its last day; a notice or payment received after that time counts as received on the next day.
1.3 Writing. "Written" and "in writing" include a message sent through the Portal and an email to or from eat@carthagekitchen.com or the verified email address of the Client's Portal account (Cal. Civ. Code §1633.7).
1.4 Headings and examples. Headings are for convenience only. Words such as "including" and "for example" do not limit the words before them.
1.5 Recurring programmes. Where the Event Agreement covers a series of Events (for example weekly meals), each Event in the series is an "Event" for Articles 6, 7 and 8, and the Event Total for any cancellation is the price of the affected Event or Events. The Client may end the series itself on 30 days' written notice, with no cancellation charge for Events scheduled more than 30 days after the notice.
2. Formation of the Event Agreement
2.1 Proposal. Carthage issues a Proposal through the Portal. A Proposal is valid for 30 days from the date it is sent, and never later than 8 days before the Event, whichever is earlier.
2.2 How the Client accepts. The Client accepts a Proposal only when the Signer completes all of the following in the Portal:
(a) reviews these Terms, which are displayed in full on the acceptance screen and not only by link;
(b) ticks the unchecked box stating "I have read and agree to the Catering Services Terms and this Proposal";
(c) types the Signer's full name as an electronic signature;
(d) states the Signer's title;
(e) ticks the unchecked box confirming that the Signer is authorised to accept on the Client's behalf; and
(f) clicks the button labelled "Accept and sign".
2.3 Agreement to transact electronically. By completing clause 2.2 the Client agrees to form the Event Agreement and receive records electronically, as described in Article 14 (Cal. Civ. Code §1633.5). A Client that requires a different signature process may ask for it under clause 2.7.
2.4 Effect of acceptance. Acceptance forms the Event Agreement. Carthage immediately emails the Signer a PDF of the full Event Agreement, including these Terms, which the Client can print and keep (Cal. Civ. Code §1633.8).
2.5 Acceptance record. Carthage keeps an audit record of each acceptance, including the Signer's name, title and authority confirmation, account and user ID, verified email, typed signature, the UTC timestamp, IP address, browser and device information, the version ID and SHA-256 hash of these Terms, a hash of the Proposal as accepted, and the exact checkbox and button text shown. The Client agrees that this record is evidence that the acceptance was the Signer's act on the Client's behalf (Cal. Civ. Code §1633.9). Carthage keeps the acceptance record, the Event Agreement and every Change Order for at least 7 years after the Event, longer if a public contract requires (Cal. Civ. Code §1633.12).
2.6 Date reserved on payment of the Deposit. The Event Agreement exists from acceptance, but the Event date is reserved for the Client only when the Deposit is paid (or, for an Approved Account with no Deposit, when Carthage confirms the booking in writing). Until then Carthage may accept other bookings for the same date. If a Deposit that is due is not paid within 5 Business Days after acceptance, Carthage may, by written notice, treat the Event Agreement as lapsed, and neither party then owes the other anything under it.
2.7 Third-party signature. Where the Client requires it, Carthage may use DocuSign or an equivalent service instead of the Portal acceptance; the same Terms apply.
2.8 Authority warranty. The Signer, and the Client, warrant that the Signer is authorised to accept the Event Agreement and bind the Client to it. If the Signer lacked authority, the Client is nonetheless bound to the extent it accepts the Services or makes any payment, and the Signer is responsible to Carthage for any loss caused by the lack of authority.
2.9 Client Purchase Orders. The Client may issue a Client Purchase Order for the Event for its own billing purposes. A Client Purchase Order is used only to identify the Event, the authorised amount and the billing reference. Any terms printed on or attached to a Client Purchase Order do not form part of the Event Agreement and do not override these Terms, even if Carthage acknowledges the Client Purchase Order or performs after receiving it. This clause does not apply to a public-agency contract or Purchase Order governed by the Public Program Addendum, which controls as that Addendum provides.
2.10 Purchase Order limits. If the Event Total, as adjusted by Change Orders or by Article 6, exceeds the amount of a Client Purchase Order, the Client is responsible for issuing any revised or additional Client Purchase Order it needs; the absence of one does not reduce the amount due.
3. The Services and who performs them
3.1 What Carthage provides. Carthage will provide the Services and Goods described in the Event Agreement with reasonable skill and care, in accordance with applicable food-safety law and the standards in Article 9.
3.2 One contract, one accountable company. The Client contracts only with Carthage. Carthage is the Client's sole point of contact, issues the only invoice for the Services and is responsible to the Client for all of them.
3.3 Use of Partners. Carthage prepares food in its own permitted kitchen and may also use vetted Partners — for example permitted food producers, staffing agencies that employ their own staff, delivery and logistics firms, rental and equipment suppliers, and licensed security providers — to perform part of the Services or to supply Goods.
(a) Carthage remains responsible. Carthage remains fully responsible to the Client for every part of the Services and Goods a Partner performs or supplies, as if Carthage had performed or supplied it itself.
(b) Same standards. Each Partner works under a Master Partner Agreement that requires it to meet the same food-safety, confidentiality, licensing and insurance standards Carthage owes the Client under these Terms.
(c) No contract with the Partner. A Partner has no authority to make promises to the Client on Carthage's behalf, does not invoice the Client and is not the Client's contractor.
(d) Exception — licensed bar. A licensed bar provider is never a subcontractor of Carthage; if the Client wants a bar it contracts directly with the bar provider (clause 9.6).
(e) Disclosure and consent. On the Client's written request Carthage will identify the categories of Partner used for the Event. Where the Client's own procurement rules or contract require prior written consent to subcontracting, Carthage will not use a Partner for that work until the Client consents in writing.
3.4 Personnel and employer status. All persons working at the Event are employees of Carthage or of a Partner that employs them. Carthage does not supply kitchen, service or security workers engaged as individual independent contractors (Cal. Lab. Code §2775).
3.5 Client direction of personnel. The Client may give Carthage's on-site lead reasonable instructions about event logistics only — timing, location of service, venue rules, guest flow and safety instructions. The Client will not otherwise direct, supervise, hire, discipline, schedule or pay any person supplied by Carthage or a Partner. Carthage and, for Partner personnel, the staffing Partner remain the employer of those persons for all purposes, including wages, overtime, meal and rest periods, reporting-time pay, workers' compensation and payroll taxes.
3.6 Labour-contractor liability. The parties acknowledge that California law can make a "client employer" share liability with a labour contractor for unpaid wages and failure to carry workers' compensation for workers supplied to perform work within the client's usual course of business, and does not permit Cal/OSHA workplace-safety duties to be shifted by contract (Cal. Lab. Code §2810.3). Accordingly:
(a) Carthage will ensure that Carthage and each staffing Partner pay all wages and carry workers' compensation as required by law for personnel at the Event;
(b) Carthage indemnifies the Client under clause 12.6 against any liability imposed on the Client under §2810.3 in respect of personnel supplied by Carthage or its Partners, as permitted by §2810.3(g); and
(c) the Client remains responsible for workplace-safety conditions at premises it controls.
4. Price
4.1 All-in per-guest price. The per-guest price in the Proposal includes the food and the crew, delivery, setup and breakdown that the chosen serving style needs.
4.2 Extras. Tastings, rentals, add-on services and any other extras are itemised in the Proposal and agreed before acceptance. No extra is charged unless it is in the Event Agreement or an accepted Change Order.
4.3 No service charge; no automatic gratuity. Carthage does not charge a service charge and does not add a gratuity to any bill.
4.4 Tips. Guests and the Client may tip the serving staff voluntarily. Any tip given belongs to the staff in full, and Carthage will not take, keep or deduct any part of it (Cal. Lab. Code §351). No tip is suggested, requested or added in any Carthage document.
4.5 Sales tax. California sales tax is charged at the rate in effect for the delivery address of the Event. When food is catered, the food, its preparation and the service labour are taxable (Cal. Code Regs., tit. 18, §1603). A Client that claims to buy for resale (for example an event planner with its own contract with the end client) must give Carthage a valid resale certificate before the Event; without one, tax is charged. Sales tax is shown as a separate line.
4.6 Tier Minimum. Each package tier has a Tier Minimum: Reserve 15 guests, Premier 25 guests, Sovereign 40 guests. If the Event has fewer guests than the Tier Minimum of the package chosen, the Client is billed for the Tier Minimum.
4.7 Price lock. The prices in the accepted Proposal hold for the Event. They change only by a Change Order accepted under Article 7.
5. Payment
5.1 Payment methods. The Client may pay by card, ACH or bank transfer, check, or against a Client Purchase Order as stated in the invoice. Card payments are processed by Carthage's payment processor; Carthage does not store full card numbers.
5.2 Deposit. A Deposit of 30% of the Event Total is due on acceptance, unless Carthage has agreed different credit terms in writing. The Deposit is a part-payment credited to the price. What Carthage keeps if the Event is cancelled is set only by Article 8.
5.3 Balance. The balance of the Event Total, calculated on the Guaranteed Count, is due 7 days before the Event, or, for an Approved Account, net 30 days from the invoice date.
5.4 Charges after the Event. Charges arising on the day — guests served above the Guaranteed Count (clause 6.4), overtime and extra guests approved on the day (clause 7.5) and loss of or damage to rented items (clause 11.2) — are invoiced after the Event and are payable net 15 days from the invoice date (net 30 for an Approved Account).
5.5 Late payment interest. Any undisputed amount not paid when due bears simple interest at 1% per month from the later of its due date and the end of the 10-day dispute window in clause 5.7, until paid. Interest on overdue commercial accounts is not subject to the usury law (*Southwest Concrete Products v. Gosh Construction Corp.* (1990) 51 Cal.3d 701). No flat late fee is charged.
5.6 Balance not paid.
(a) Suspension. If the balance is not paid by its due date, Carthage may, after notifying the Client in writing, suspend preparation — including ordering, sourcing and staffing — until it is paid. Carthage will resume promptly once the overdue amount is paid, if it can still perform. A suspension is not a cancellation by Carthage under clause 8.9.
(b) Cancellation. If the balance is still unpaid 3 days before the Event, Carthage may cancel the Event by written notice. The cancellation is treated as a cancellation by the Client given on the date of that notice, and clauses 8.2 to 8.5 apply at that notice period.
5.7 Invoice disputes — 10-day window. The Client may dispute an invoice, in good faith and in writing, stating the amount disputed and the reasons, within 10 days of the invoice date. The Client must pay any undisputed part by its due date. The parties will work promptly to resolve the disputed part, and any amount found due is payable within the original terms or, if later, within 10 days of resolution.
5.8 Approved Accounts. Carthage may approve a Client for net-30 terms in writing, on such credit checks as it reasonably requires, and may withdraw approval for future Events by written notice if the Client pays late. Withdrawal does not change the terms of an Event already accepted. For an Approved Account, the balance is invoiced on the Event date and is due 30 days after the invoice date.
5.9 Public agencies. For a public-agency Client, the Public Program Addendum sets the payment terms, and clauses 5.2 to 5.8 apply only as that Addendum allows.
6. Guaranteed Count
6.1 Deadline. The Client must give Carthage the final Guaranteed Count in writing 10 days before the Event, with the dietary and allergy information required by clause 9.1. If the Client gives none, the guest count in the Event Agreement is the Guaranteed Count.
6.2 Billing. The Client is billed for the Guaranteed Count or the actual number of guests served, whichever is higher, and never fewer than the Tier Minimum.
6.3 Changes after the deadline.
(a) Increases after the deadline are accepted only if Carthage can source and staff them, and are billed at the contracted per-guest rate by Change Order.
(b) Decreases after the deadline do not reduce the amount billed.
6.4 Preparation buffer; every guest served is billed. Carthage prepares for up to 5% above the Guaranteed Count without a Change Order, so that unexpected guests can be served. The 5% is a preparation buffer only, not free guests: every guest served above the Guaranteed Count is billed at the contracted per-guest rate under clause 6.2.
7. Changes
7.1 Change Orders. Any change to the menu, the guest count before the Guaranteed Count deadline, the serving style, the times, the venue or the extras is made only by a Change Order showing its price effect. A Change Order binds only when an authorised Signer accepts it in the Portal in the same way as a Proposal (clause 2.2), with the same acceptance record (clause 2.5). Until accepted, the Event Agreement continues unchanged.
7.2 Payment schedule after a Change Order. A Change Order that changes the Event Total states the revised payment schedule. Any increase becomes payable with the next instalment or, if the balance has already fallen due, on acceptance (or, for an Approved Account, on the net-30 invoice).
7.3 Menu deadline. Menu changes requested later than 14 days before the Event are made only if Carthage can feasibly make them. Dietary needs for named guests are due with the Guaranteed Count (clause 9.1).
7.4 Substitutions. If a supply of an ingredient or dish fails for reasons outside Carthage's reasonable control, Carthage may substitute an ingredient or dish of equal or better quality, without a Change Order and at no extra cost. A substitution will never compromise a declared allergy, dietary requirement or halal requirement. Carthage will tell the Client of any material substitution as soon as practicable.
7.5 Overtime and on-the-day changes. If the Client asks the crew to stay beyond the contracted service window, the extra time is charged at the crew hourly rate stated in the Proposal, by Change Order. On the day of the Event, the on-site contact named in the Event Agreement may approve overtime or extra guests on the Client's behalf. Carthage confirms each such approval to the Client by email within 24 hours, and the Change Order is then issued in the Portal.
8. Cancellation, postponement and Force Majeure
8.1 How the Client cancels. The Client may cancel the Event at any time by written notice through the Portal or by email to eat@carthagekitchen.com. The notice period is counted from the date Carthage receives the notice to the Event date.
8.2 Amount Carthage keeps. On cancellation by the Client, Carthage keeps the following percentage of the Event Total excluding sales tax:
| Notice before the Event | Carthage keeps | Why — Carthage's real costs at that point |
|---|---|---|
| More than 60 days | 10% | Date held and other bookings declined; menu planning done |
| 31–60 days | 30% | Partners booked; staffing scheduled; seasonal sourcing committed |
| 15–30 days | 50% | Orders placed; rentals reserved; crew calendars fixed |
| 8–14 days | 75% | Perishable orders and prep scheduled; crew committed |
| 7 days or less | 100% | Food bought and in prep; crew owed reporting-time pay if released |
8.3 Good-faith mitigation; no reduction. After a cancellation Carthage will act in good faith to limit its own costs — for example by cancelling orders and releasing Partners where it reasonably can. The amount in clause 8.2 is not reduced by avoided or recovered costs.
8.4 Why these amounts are agreed (recital). The Client and Carthage, each acting in the course of business, agree that:
(a) the loss Carthage would suffer from a cancellation depends on how many other bookings it turns away for the date, whether the date can be re-sold, which Partners, staff and suppliers have already been committed and on what terms, what perishable food has been bought, and what wages are owed to workers already called;
(b) the percentages in clause 8.2 are a reasonable estimate of that loss at each notice period, made when the Event Agreement was entered into;
(c) the same percentages are what Carthage must itself pay its Partners when it cancels their Work Orders because a Client has cancelled, so they track real costs passed through to Carthage; and
(d) the amounts are therefore valid liquidated damages, and the Client bears the burden of showing they were unreasonable under the circumstances existing when the Event Agreement was made (Cal. Civ. Code §1671(b)).
8.5 Refund after Client cancellation. Anything the Client has paid above the amount Carthage keeps is refunded within 10 Business Days after Carthage receives the cancellation notice. If the Client has paid less than the amount Carthage keeps, the shortfall is invoiced and payable on the Client's applicable terms.
8.6 Postponement by the Client.
(a) The Client may postpone the Event once to a date within 12 months of the original Event date, without any cancellation charge, if the Client asks in writing more than 30 days before the Event and the new date is available.
(b) All payments carry over to the new date. Prices change only if the menu or the guest count changes, by Change Order.
(c) A request made 30 days or less before the Event, or a second or later postponement, is treated as a cancellation under clause 8.2 and a new booking.
8.7 Force Majeure Event. A Force Majeure Event means any of the following, beyond the reasonable control of the party affected: fire; flood; earthquake; epidemic or government order; the venue being destroyed or closed by authority; utility failure beyond either party's control; war; or riot (see Cal. Civ. Code §1511). The following are not Force Majeure Events: weather that does not make the Event unlawful or impossible; lower attendance; changes in cost; and a supplier's ordinary unavailability, for which Carthage must substitute under clause 7.4.
8.8 Effect of a Force Majeure Event. If a Force Majeure Event prevents the Event from going ahead on its date, either party may postpone it by written notice, and the Client then chooses either:
(a) a new date within 12 months, with all payments credited to it; or
(b) a refund of all payments less Carthage's documented costs that could not be recovered — such as perishables already bought and non-cancellable Partner charges — paid within 10 Business Days after the Client's choice, together with a statement of those costs.
The Client makes its choice in writing within 30 days after the postponement notice. If the Client makes no choice in that time, or no suitable date within 12 months is available, option (b) applies.
8.9 Cancellation by Carthage. If Carthage cancels the Event for any reason other than the Client's breach or a Force Majeure Event, Carthage will:
(a) refund everything the Client has paid within 10 Business Days; and
(b) help the Client find a replacement caterer, and reimburse the documented, reasonable extra cost of a comparable replacement, up to the Event Total.
8.10 Cancellation for Client breach. If the Client materially breaches the Event Agreement and does not cure the breach after written notice in time for Carthage to perform, Carthage may cancel the Event, and clauses 8.2 to 8.5 apply as if the Client had cancelled on the date of Carthage's notice. Cancellation for an unpaid balance is governed by clause 5.6(b).
8.11 Public agencies. For a public-agency Client, termination for convenience and funding (non-appropriation) are governed by the Public Program Addendum and the agency's contract.
9. Food safety, allergens, halal, alcohol and leftovers
9.1 Client's duty to disclose. The Client must disclose in writing, by the Guaranteed Count deadline (10 days before the Event), every allergy and dietary requirement among the guests, with the number of guests affected. A guest with a severe allergy must be named so that the chef can confirm the controls Carthage will use for that guest. The Client is responsible for collecting this information from its guests or attendees.
9.2 Labelling. Carthage labels every dish with its contents and with any of the nine major food allergens it contains — milk, eggs, peanuts, tree nuts, wheat, soybeans, fish, crustacean shellfish and sesame. Individually packaged meals (for example boxed meals produced to a count) carry an individual label.
9.3 Cross-contact. Carthage's kitchen and its Partners' kitchens are not allergen-free facilities. Although Carthage uses controls to separate allergens, cross-contact cannot be ruled out.
9.4 Halal statement. Halal: meat and poultry are zabiha-sourced from suppliers holding halal certification; Carthage itself holds no halal certificate. Kosher only when separately ordered from a certified kosher kitchen. A dish described as halal contains no pork and no alcohol in any form, including in cooking.
9.5 Food-safety standards are not disclaimed. Carthage is responsible for its own and its Partners' food handling and complies with the California Retail Food Code. Nothing in these Terms excludes or limits Carthage's responsibility for the safety of the food it supplies, or the implied warranty that food served for value is merchantable (Cal. Com. Code §2314).
9.6 Alcohol. Carthage does not sell, supply, serve or mark up alcohol, and no Carthage staff or Partner personnel will pour, serve or sell it (Cal. Bus. & Prof. Code §23300). If the Client wants a bar, it may contract directly with a licensed bar provider, which supplies and serves under its own ABC licence; Carthage may introduce a provider and coordinate timings, but takes no payment for alcohol and the bar provider is not its subcontractor. Any alcohol the Client supplies itself is the Client's sole responsibility (Cal. Bus. & Prof. Code §23399.1; ABC Licensing FAQ).
9.7 Food left out during service. Food that has been out of temperature control during service is discarded when its safe holding time ends, as the California Retail Food Code requires.
9.8 Unserved food packed for the Client. At the Client's request, unserved food that has stayed under temperature control may be packed for the Client. Once it leaves Carthage's control, it is at the Client's request and risk.
9.9 Donation. Carthage may donate surplus food in good faith to a nonprofit charitable organisation or food bank, or directly to individuals in need at no cost, as the law permits (Cal. Civ. Code §1714.25; 42 U.S.C. §1791), unless the Client asks in the Event Agreement that surplus be packed for it or not donated.
9.10 Food from other sources. Food or drink supplied to the Event by the Client or by any third party other than a Partner is not Carthage's responsibility, and Carthage does not inspect, hold, label or serve it unless the Event Agreement says so.
10. Venue, site and staff safety
10.1 The Client's responsibilities. The Client secures the venue and any permission the venue requires, and ensures access for load-in, parking, power, water, kitchen or staging space and waste disposal as described in the Proposal.
10.2 Venue costs and delays. Venue fees, insurance certificates or endorsements the venue requires beyond Carthage's standard cover (clause 12.1), and the cost of delays caused by venue access are the Client's responsibility.
10.3 Public events. If the Client intends to open the Event to the public or advertise it publicly, the Client must tell Carthage before acceptance, because a public event may need permits a private event does not.
10.4 Staff safety. Carthage may stop service, and withdraw its staff and Partners' staff, if any of them is threatened, harassed or put in unsafe conditions, and the condition is not promptly corrected. A stoppage under this clause is not a cancellation by Carthage and does not entitle the Client to a refund for Services not performed because of it.
11. Rentals and property
11.1 Ownership. Rented and Carthage-supplied equipment, serviceware, linens and other items remain the property of Carthage or its Partner. Carthage will collect them at the end of the Event or at the time stated in the Event Agreement.
11.2 Loss and damage. The Client is responsible for loss of or damage to rented or Carthage-supplied items while they are in the custody of the Client, its personnel or its guests, other than ordinary wear and damage caused by Carthage or its Partners. Carthage will charge the documented cost of repair or replacement.
11.3 Guests' conduct. The Client is responsible for the conduct of its guests and attendees at the Event.
12. Insurance, liability and indemnity
12.1 Carthage's insurance. Carthage carries general liability insurance, including products-completed operations cover, of $2,000,000. On request, Carthage will name the venue as an additional insured and give the venue a certificate of insurance.
12.2 Limit of liability. Each party's total liability to the other for all claims arising from an Event is limited to the amounts paid and payable for that Event.
12.3 Exclusions from the limit. Clause 12.2 does not limit:
(a) liability for bodily injury or death;
(b) liability for food-borne illness;
(c) liability for damage to property caused by the negligence of a party or its personnel (including, for Carthage, its Partners);
(d) liability for fraud, gross negligence or wilful misconduct;
(e) the Client's obligation to pay the Event Total and other amounts due under the Event Agreement;
(f) either party's indemnity obligations under clauses 12.6 and 12.7 in respect of third-party claims; or
(g) anything else that the law does not allow to be limited, including liability for one's own fraud, wilful injury or violation of law (Cal. Civ. Code §1668).
12.4 Indirect loss. Neither party is liable to the other for lost profits or indirect or consequential damages, except where the law does not allow that exclusion.
12.5 Certificates and additional insured for the Client. On request, Carthage will provide the Client a certificate of insurance and will name the Client (in addition to the venue under clause 12.1) as an additional insured for the Event. Endorsements or limits a venue or the Client requires beyond Carthage's standard cover are provided only if Carthage's insurer can issue them, at the Client's cost, and must be requested in time for the insurer to process them.
12.6 Carthage's indemnity. Carthage will defend, indemnify and hold harmless the Client and its officers and employees against third-party claims, losses and reasonable costs (including reasonable attorney's fees) to the extent caused by:
(a) the negligence, wilful misconduct or breach of the Event Agreement of Carthage, its personnel or its Partners;
(b) food supplied by Carthage or its Partners;
(c) any failure of Carthage or its Partners to hold a permit or licence required for the Services; or
(d) any claim by personnel supplied by Carthage or its Partners for wages, benefits or workers' compensation, including any liability imposed on the Client under Cal. Lab. Code §2810.3.
12.7 Client's indemnity. The Client will defend, indemnify and hold harmless Carthage and its officers and employees against third-party claims, losses and reasonable costs (including reasonable attorney's fees) to the extent caused by:
(a) the negligence, wilful misconduct or breach of the Event Agreement of the Client, its personnel or its guests;
(b) the venue, or any failure to obtain a venue permission the Client was responsible for;
(c) food, drink or alcohol supplied by the Client or by a third party it engaged (including a bar provider); or
(d) the Client's failure to disclose an allergy or dietary requirement under clause 9.1.
12.8 Indemnity procedure. The indemnified party must notify the indemnifying party promptly of a claim, allow it to control the defence and settlement (but not to settle in a way that admits fault on behalf of, or imposes an obligation on, the indemnified party without its consent), and give reasonable cooperation at the indemnifying party's cost. These indemnities are to be interpreted under Cal. Civ. Code §2778, and are proportionate: neither party indemnifies the other for the other's own share of fault.
13. Photographs, names and marketing
13.1 Only with consent. Carthage may photograph or film the food, tables and setup at the Event, and use those images in its marketing, only if the Client has given consent in the Portal or in writing.
13.2 People. Carthage will not use any image in which a guest or a Client employee can be identified unless that person has given permission.
13.3 Client name and logo. Carthage will not name the Client, use its logo or describe the Event as a reference in marketing or proposals without the Client's separate written consent.
13.4 Withdrawal. The Client may withdraw consent at any time in writing. Carthage will then stop new uses; it is not required to recall material already printed or published before the withdrawal.
14. Communications and electronic records
14.1 Electronic records. The Client agrees that the Event Agreement, Change Orders, invoices, receipts, notices and other records may be provided and signed electronically through the Portal and by email, and that each has the same effect as a paper record or signature (Cal. Civ. Code §§1633.5, 1633.7). Each record is provided in a form the Client can print or save (Cal. Civ. Code §1633.8).
14.2 Paper copies and withdrawal. The Client may ask for a paper copy of any record at no charge, and may withdraw consent to further electronic dealings at any time by writing to eat@carthagekitchen.com. Withdrawal does not affect anything already signed electronically.
14.3 Users and contact details. The Client is responsible for the users it authorises in the Portal and for keeping their contact details current. A notice sent to the verified email address of the Signer or of the Client's designated billing contact is treated as received when sent, unless Carthage learns it was not delivered.
14.4 Event messages. Carthage may email and, where a mobile number is given for that purpose, text the Client's contacts about the Event. Any recipient may stop texts by replying STOP.
14.5 Marketing texts. Carthage sends marketing text messages only with the recipient's prior express written consent, given by a separate, optional checkbox naming the mobile number. Consent is not a condition of any purchase and may be withdrawn at any time (47 U.S.C. §227; 47 C.F.R. §64.1200).
14.6 Marketing emails. Every marketing email includes an unsubscribe link and Carthage's postal address; Carthage honours opt-outs promptly and in any case within 10 Business Days (15 U.S.C. §7704).
15. Privacy and confidentiality
15.1 Privacy Policy. Carthage handles Client Data as described in its Privacy Policy at carthagekitchen.com/privacy.
15.2 Sharing with Partners. Carthage shares Client Data with a Partner only as needed to perform the Event, and only under the confidentiality obligations of the Partner's Master Partner Agreement.
15.3 No sale. Carthage does not sell Client Data.
15.4 Confidentiality. Each party will keep the other's Confidential Information confidential, use it only for the Event, and disclose it only to its personnel and (for Carthage) Partners who need it for the Event and are bound by confidentiality obligations at least as protective, except as the law requires (including, for a public agency, public records law as the Public Program Addendum provides).
15.5 Client's lawful basis. The Client confirms it is entitled to give Carthage the Client Data it provides (including attendees' names and dietary or allergy information) for the purpose of the Event.
16. Disputes
16.1 Negotiation. If a dispute arises, either party may give the other written notice describing it, and senior representatives of each party will try in good faith to resolve it by discussion for 30 days after the notice.
16.2 Mediation. If the dispute is not resolved within those 30 days, either party may refer it to mediation in Los Angeles County, administered by JAMS or ADR Services or conducted by another mediator the parties agree. Each party bears its own costs, and the mediator's fees are shared equally. There is no arbitration clause in these Terms.
16.3 Courts. If mediation does not resolve the dispute, either party may bring proceedings in the state or federal courts for Los Angeles County, which both parties accept as the venue. Either party may seek urgent interim relief from those courts at any time.
16.4 Small claims. Either party may instead bring a claim in small claims court where it is eligible, without first mediating. The small-claims limit for a claim brought by an entity is $6,250 (Cal. Code Civ. Proc. §116.220(a)(1)); for a claim brought by a natural person (for example a sole proprietor) it is $12,500 (Cal. Code Civ. Proc. §116.221).
16.5 Attorney's fees. In any action on the Event Agreement, the prevailing party is entitled to its reasonable attorney's fees and costs. This applies equally to both parties (Cal. Civ. Code §1717).
17. General
17.1 Governing law. The Event Agreement is governed by the law of California.
17.2 Entire agreement. The Event Agreement is the entire agreement between the parties about the Event and replaces any earlier quotes, conversations, messages and the terms of any Client Purchase Order (clause 2.9). Nothing in this clause excludes liability for fraud.
17.3 Order of precedence. If documents forming the Event Agreement conflict, they prevail in this order:
(a) for a public-agency Client, the agency's own contract or Purchase Order, to the extent the Public Program Addendum gives it precedence;
(b) any addendum identified in the Proposal (including the Public Program Addendum);
(c) accepted Change Orders, the later prevailing over the earlier, for the items they change;
(d) the accepted Proposal (the Event Agreement order form); and
(e) these Terms.
17.4 Amendments. The Event Agreement may be changed only by a Change Order accepted under Article 7 or by a written amendment accepted by both parties. A new version of these Terms applies only to Events booked after it is published and never to an existing Event Agreement unless the Client accepts it.
17.5 Assignment. Neither party may transfer the Event Agreement without the other's written consent, except that Carthage may use Partners under Article 3 and may transfer it to a successor to its business that assumes all of its obligations.
17.6 Severability. If any provision is held invalid or unenforceable, it is enforced to the maximum extent permitted and the rest of the Event Agreement continues.
17.7 No waiver. A failure or delay in enforcing a right is not a waiver of it.
17.8 Survival. Articles 8 (refunds and amounts kept), 11, 12, 15, 16 and 17 survive the Event and any cancellation.
17.9 Notices. Notices are given in the Portal or by email to the address on file: for Carthage, eat@carthagekitchen.com; for the Client, the verified email address of the Signer or of the Client's designated billing contact. Clause 1.2 sets when a deadline ends.
17.10 Independent contractors. Carthage is an independent contractor. Nothing in the Event Agreement creates a partnership, joint venture, agency or employment relationship between the parties or between the Client and any person supplied by Carthage or a Partner.
18. Electronic acceptance
18.1 These Terms are accepted only in the Portal, as part of accepting a Proposal under clause 2.2. The acceptance screen shows these Terms in full and requires the Signer to:
(a) tick the unchecked box: "I have read and agree to the Catering Services Terms and this Proposal";
(b) tick the separate box consenting to receive and sign records electronically (Article 14);
(c) type their full name as an electronic signature, and state their title;
(d) tick the box confirming their authority to accept for the Client; and
(e) click "Accept and sign".
18.2 Optional, separate and unticked boxes allow consent to photography under Article 13 and to marketing text messages under clause 14.5. Neither is required to accept the Proposal.
18.3 On acceptance Carthage records the audit trail described in clause 2.5 and immediately emails the Signer a PDF of the full Event Agreement.
The acceptance record — who signed, when, and the exact versions signed — is completed on your signed copy.
For Carthage: Carthage Food by Aimen LLC d/b/a Carthage Kitchen — accepted by issuing the Proposal through the Portal.
Public agencies (addendum) · version 1
Public Program Addendum
This Addendum supplements the Catering Services Terms for Business Clients (the Business Terms) when the Client is a public agency. It forms part of the Event Agreement for every Event ordered by that agency. Capitalised terms have the meanings given in the Business Terms.
1. Definitions and application
1.1 Defined terms. In this Addendum:
(a) Agency means the public-agency Client named in the Event Agreement — for example a county or city department, a school or school district, a public healthcare provider, or another public body — including its authorised procurement and programme officers.
(b) Agency Contract means any master agreement, services contract, blanket order or other contract between the Agency and Carthage that covers the Event, including its exhibits and any amendments.
(c) Purchase Order in this Addendum means the Agency's purchase order, release or call-off for the Event, including a CAL-Card or other agency purchase-card authorisation.
(d) Agency Rules means the procurement, payment, audit, records, wage and compliance requirements that the Agency Contract or Purchase Order imposes on Carthage, or that apply to Carthage by law because it contracts with the Agency.
1.2 Application. This Addendum applies to every Event the Agency orders, whether under an Agency Contract, a standalone Purchase Order, or a Proposal accepted in the Portal.
2. Order of precedence
2.1 Agency documents control. If there is a conflict, the documents prevail in this order:
(a) the Agency Contract;
(b) the Purchase Order (to the extent the Agency Contract allows it to set terms);
(c) this Addendum;
(d) accepted Change Orders, the later prevailing over the earlier, for the items they change;
(e) the accepted Proposal (the Event Agreement order form); and
(f) the Business Terms.
2.2 Gaps. Where the Agency Contract and Purchase Order are silent on a subject, this Addendum and then the Business Terms apply.
2.3 Signature. Where the Agency requires a wet signature or a third-party electronic-signature service, Carthage will sign in that form. Portal acceptance under the Business Terms remains available where the Agency permits it.
3. Price and payment
3.1 Pricing. Prices are those in the Agency Contract, or, where it has none, those in the accepted Proposal. All-in per-guest pricing, extras, Tier Minimums and the no-service-charge rule of Business Terms Article 4 apply unless the Agency Contract sets a different pricing basis (for example a per-unit schedule).
3.2 No Deposit unless agreed. No Deposit is required from the Agency unless the Agency agrees to one in writing. Business Terms clauses 2.6 (date reserved on payment of the Deposit, and lapse if it is unpaid) and 5.2 do not apply; the Event date is reserved when Carthage receives the Purchase Order or the Agency's written order under the Agency Contract and confirms it in writing.
3.3 Invoicing. Carthage invoices in the form, with the supporting documents, and to the address the Agency Rules require, quoting the Purchase Order number.
3.4 Payment terms. The Agency pays on the terms of the Agency Contract or Purchase Order, including for invoices issued after the Event. Business Terms clauses 5.3 to 5.8 (balance before the Event, charges after the Event, late interest, balance not paid, dispute window and Approved Accounts) apply only to the extent the Agency Rules allow.
3.5 Prompt payment. Where Carthage is certified under a prompt-payment programme of the Agency — for example as a Local Small Business Enterprise (LSBE) with the County of Los Angeles, whose programme provides for payment within 15 days of an undisputed invoice — the Agency pays within the period that programme provides. Any interest or penalty for late payment is as the Agency's prompt-payment rules provide.
3.6 Methods. The Agency may pay against the Purchase Order by the method its process uses, including electronic funds transfer, check or CAL-Card.
3.7 Partners are not paid on the Agency's timetable. Carthage pays its Partners for work on an Agency's Events net 15 days after Verification, whether or not the Agency has paid; Carthage alone carries any slower payment by the Agency. No Partner has any claim against the Agency.
4. Sales tax
4.1 State, county and city buyers are taxable. California sales tax applies to catering sold to a California state agency, county, city or school district in the same way as to any other buyer: when food is catered, the food, its preparation and the service labour are taxable (Cal. Code Regs., tit. 18, §1603). There is no state or local government exemption, and a Purchase Order from such an Agency does not make the sale exempt. Tax is charged at the rate for the delivery address and shown as a separate line.
4.2 Federal exemption only with documentation. Sales made directly to the United States government or its instrumentalities are exempt, but only where the sale is made directly to, and paid directly by, the federal government, and Carthage keeps the federal purchase order or, for a card payment, the invoice and the receipt of a card issued to the United States government. Without that documentation, tax is charged.
4.3 Federally funded programmes. A state or local Agency spending federal grant money is not itself the United States government; clause 4.1 applies to it.
5. Termination, funding and cancellation
5.1 Agency contract controls. Termination for convenience and non-appropriation (funding) are governed by the Agency Contract. Where the Agency Contract provides for payment on termination — for example for Services performed and costs incurred up to the termination date — that provision applies instead of the cancellation table in Business Terms clause 8.2.
5.2 Where the Agency Contract is silent. Where the Agency Contract does not address termination or cancellation of an individual Event, the cancellation table in Business Terms clause 8.2, the postponement rule in clause 8.6 and the Force Majeure rules in clauses 8.7 and 8.8 apply.
5.3 Cancellation by Carthage. Business Terms clause 8.9 applies unless the Agency Contract provides otherwise.
6. Subcontracting and consent
6.1 Consent first. Where the Agency Contract requires the Agency's prior written consent to any subcontracting, assignment or delegation, Carthage will not use any Partner to produce food for, or perform any part of, that Agency's Events until the Agency has consented in writing in the form the Agency Contract requires (for example a written amendment). Until then, Carthage performs that work itself.
6.2 Disclosure. Carthage will disclose to the Agency, as the Agency Contract requires, the identity of any proposed Partner and the part of the work it will perform, and will provide the Partner's permits, licences and insurance evidence on request.
6.3 Flow-down. Carthage will include in each Work Order for an Agency's Event the Agency Rules that the Agency Contract requires to be passed to subcontractors, and remains responsible to the Agency for every Partner's performance.
7. Wage, labour and other flow-down requirements
7.1 Agency programmes. Carthage will comply, and will require its Partners to comply, with every wage, labour and contracting programme the Agency Contract makes applicable — for example a living-wage ordinance, jury-service programme, non-discrimination, conflict-of-interest, background-check or child-support compliance requirement.
7.2 County of Los Angeles Living Wage. Where the County of Los Angeles Living Wage Program applies — which can reach contractors and subcontractors once aggregate qualifying County contracts reach $25,000 in any 12-month period — Carthage will comply with its wage, full-time-workforce, reporting and employee-notice requirements as the Agency Contract provides, and will flow them down to any staffing Partner on that work.
7.3 Employer status. Business Terms clauses 3.4 and 3.5 apply: all personnel are employed by Carthage or a staffing Partner, and the Agency directs them only as to event logistics. (Cal. Lab. Code §2810.3 excludes public entities from its client-employer rules; clause 3.6 of the Business Terms therefore does not apply to an Agency.)
8. Public records, audit and record retention
8.1 Public records. Carthage acknowledges that the Event Agreement, invoices and other records the Agency holds may be disclosed under public-records law. Carthage may mark records it gives the Agency that it considers trade secrets or confidential (for example Partner pricing or internal costings); the Agency will handle such markings under its own public-records procedures, and Business Terms clause 15.4 is subject to the Agency's legal disclosure obligations.
8.2 Audit. Carthage will make its records relating to the Agency's Events (invoices, delivery and count records, temperature and food-safety logs, payroll records where a wage programme applies, and Partner Work Orders and payments) available for inspection and audit by the Agency or its authorised auditors, on reasonable notice, as the Agency Contract provides.
8.3 Retention. Carthage will retain those records for at least 7 years after the Event, or for any longer period the Agency Contract or a wage programme requires (for example, signed employee-notice acknowledgements under the County Living Wage Program are retained for seven years). Electronic records satisfy this obligation if they remain accurate and accessible (Cal. Civ. Code §1633.12).
9. Food, allergens and alcohol
9.1 Food standards. Business Terms Article 9 applies, including the halal statement (no pork and no alcohol in any form in a dish described as halal), allergen labelling and the cross-contact disclosure. Where the Agency serves a highly susceptible population (for example in healthcare, senior or pre-school settings) or a school cafeteria, Carthage will apply the additional California Retail Food Code restrictions that apply to those settings.
9.2 Individually packaged meals. Meals produced in advance to a count and individually packaged are labelled with their contents and the major food allergens they contain.
9.3 No alcohol. Carthage does not sell, supply, serve or mark up alcohol for any Agency Event (Cal. Bus. & Prof. Code §23300); no Carthage staff or Partner personnel pour, serve or sell it, and Carthage will not invoice any alcohol to an Agency.
10. Insurance and liability
10.1 Insurance. Carthage carries general liability insurance, including products-completed operations cover, of $2,000,000, and will provide certificates and additional-insured endorsements in the form the Agency Contract requires, if Carthage's insurer can issue them.
10.2 Agency requirements beyond standard. Where the Agency Contract requires insurance types or limits beyond Carthage's standard cover, Carthage will confirm before accepting the Purchase Order whether it can meet them.
10.3 Liability and indemnity. Business Terms Article 12 applies except where the Agency Contract provides otherwise.
10.4 Disputes and notices. Unless the Agency Contract provides otherwise, Business Terms Article 16 (30 days' negotiation, then mediation in Los Angeles County, then the courts) and clause 1.2 (deadlines end at 11:59 p.m. Pacific time) apply.
11. Acceptance
11.1 This Addendum is accepted by the Agency when it (a) accepts a Proposal identifying this Addendum in the Portal under Business Terms clause 2.2, (b) signs it by the method the Agency requires under clause 2.3, or (c) issues a Purchase Order or order under an Agency Contract that refers to Carthage's Proposal.
The acceptance record — who signed, when, and the exact versions signed — is completed on your signed copy.
For Carthage: Carthage Food by Aimen LLC d/b/a Carthage Kitchen.