Terms of Service

The Good Lunch (TGL) — Family Style Catering

Effective Date: 6-1-2025

This Terms of Service Agreement (“Agreement”) is made between The Good Lunch (“TGL,” “we,” “us,” or “our”) and the Client (“you” or “your”). By engaging The Good Lunch for Family Style Catering Services, you agree to the following terms.

1. Scope of Services

The Good Lunch provides Family Style Catering services, including but not limited to:

  • Onsite and delivered catering for corporate meal programs and one-off events. - Custom menu development based on the Client’s needs and preferences. Meal planning, execution, and delivery aligned with agreed-upon Quote or Service Contract (defined below)..

  • Use of the Client’s facility for staging catering orders as agreed upon in the Quote or Service Contract.

These services are tailored to the Client’s food service requirements and confirmed in writing before service initiation via:

  • A signed contract for recurring food programs (“Service Contract”). - A formal quote for one-off catering services (“Quote”).

If no Service Contract or Quote is in place, TGL reserves the right to decline service or adjust terms accordingly before fulfillment.

2. Event & Meal Program Confirmations

One-Off Events

  • Final menu, guest count, and service details must be confirmed by the Monday of the week before the event, unless otherwise specified in the Quote.
  • If no confirmation is received by the deadline, TGL reserves the right to proceed with the most recent details provided by the Client.

Meal Programs (Recurring Service)

  • Menus and service details for meal programs must be confirmed on a monthly basis (e.g., February confirmations for March service), unless otherwise specified in the Service Contract.

  • Any changes in guest count, dietary restrictions, or service levels must be communicated at least one week in advance, unless otherwise specified in the Service Contract.

3. Cancellations, Reductions, and Modifications Event Cancellations

  • 72-48 hours prior to the event: 50% of the subtotal will be charged, unless otherwise specified in the Quote or Service Contract.

  • Less than 48 hours prior to the event: 100% of the subtotal will be charged, unless otherwise specified in the Quote or Service Contract.

Cancellations must be submitted in writing via email. No verbal cancellations will be accepted.

Guest Count Reductions

  • 72-48 hours prior to the event: A charge of 40% of the difference between the original subtotal and the reduced subtotal will apply, unless otherwise specified in the Quote or Service Contract.
  • Less than 48 hours prior to the event: 100% of the difference will be charged, unless otherwise specified in the Quote or Service Contract.

Rescheduling Requests

  • Rescheduling is subject to availability and must be requested at least 72 hours in advance, unless otherwise specified in the Quote or Service Contract.

  • Rescheduling within 72 hours of the event will be treated as a cancellation and may incur full charges as detailed in this Agreement, unless otherwise specified in the Quote or Service Contract.

Guest Count Increases and Service Modifications

  • Requests to increase guest count or add services after the confirmation deadline must be submitted in writing.

  • TGL reserves the right to decline any requested increases or additions at any time after the confirmation deadline, at its sole discretion.

  • If TGL can accommodate the requested changes, such increases or additions may incur a surcharge in addition to the standard costs, to be determined by TGL and communicated to Client in writing.

  • Client must approve any surcharges in writing before TGL will proceed with the increased order or additional services.

  • Additional services may include, but are not limited to: menu upgrades, additional menu items, expanded service hours, additional service staff, specialty equipment, or enhanced presentation options.

4. Use of Client’s Facility & Equipment Responsibility Facility Access

  • The Client must provide TGL with access to its facility for staging catering orders as outlined in the Service Contract for food programs or the approved Quote for one-off catering services

  • The Client is responsible for providing a designated space suitable for staging, serving, and storing TGL’s equipment as needed for catering preparation and service execution.

  • If access to the facility is restricted or unavailable, TGL reserves the right to cancel the order, and the Client will be charged 100% of the subtotal.

  • The Client is responsible for ensuring the safety of the designated space, including but not limited to maintaining slip-free flooring, adequate lighting, clear pathways, and removing any hazards that could cause injury to TGL staff. Client shall be responsible for any injuries sustained by TGL staff resulting from unsafe conditions on Client’s premises.

Responsibility for Rented Equipment

  • The Client is fully responsible for any damage, loss, or theft of rented catering equipment during the event.

  • TGL will conduct an inspection before and after the event.

  • Any damaged or missing equipment will be charged to the Client at full replacement cost.

  • Client shall ensure that all equipment remains in the designated service area and is used only for its intended purpose. Unauthorized movement, use, or alteration of equipment is prohibited.

5. Payment Terms & Fees

Payment Methods

  • ACH payments are preferred to avoid additional processing fees. - Payments can be made via check, bank transfer, or credit card. Credit Card Transactions

  • A 2.99% processing fee applies to all credit card payments.

Payment Terms

  • Payment is due within 21 days (Net 21) from the invoice date, which shall be when invoice is sent to Client. Invoices shall generally be sent per the applicable timeframes in the applicable Service Contract or Quote. Any delay in sending an invoice shall not constitute a waiver of payment. All payments remain due within 21 days of invoice date. Any payment not received by the due date will be considered late and subject to a late fee of 1.5% per month or the maximum amount allowable by law, whichever is less, on the outstanding balance. In the event of continued non-payment, TGL reserves all rights to pursue any remedies in law or equity including, but not limited to, service suspension and collection proceedings. The Client will be responsible for any legal or collection fees incurred by TGL in recovering unpaid balances.

  • Gratuities for catering staff are not required but are greatly appreciated for exceptional service. If the Client wishes to provide gratuity it may be added to the final invoice or incorporated into the contract as an ongoing gratuity.

6. Liability & Indemnification

Food Safety & Dietary Restrictions

  • TGL MAKES NO GUARANTEES REGARDING FOOD SAFETY BEYOND REASONABLE INDUSTRY STANDARDS AND THOSE REQUIRED BY APPLICABLE LAW AND EXPRESSLY DISCLAIMS LIABILITY FOR ALLERGIC REACTIONS OR OTHER ADVERSE RESPONSES TO FOOD PRODUCTS. INDIVIDUALS WITH SEVERE OR LIFE-THREATENING FOOD ALLERGIES ARE STRONGLY ADVISED TO CONTACT TGL DIRECTLY BEFORE PARTICIPATING IN ANY CATERING EVENT TO DISCUSS

ALLERGEN PROTOCOLS AND POTENTIAL RISKS. THE CLIENT ACKNOWLEDGES THAT: (I) FOOD PREPARATION INVOLVES INHERENT RISKS THAT CANNOT BE ELIMINATED; (II) MEALS ARE PREPARED IN FACILITIES THAT HANDLE COMMON ALLERGENS INCLUDING BUT NOT LIMITED TO NUTS, DAIRY, GLUTEN, SOY, SHELLFISH, AND EGGS; AND (III) CLIENT IS SOLELY RESPONSIBLE FOR INFORMING GUESTS OR EMPLOYEES ABOUT POTENTIAL ALLERGENS AND ANY DECISIONS REGARDING CONSUMPTION OF PROVIDED MEALS.

  • ALL CATERING SERVICES PROVIDED BY TGL ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TGL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (I) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) THAT THE CATERING SERVICES WILL MEET CLIENTS’ REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED BASIS; (III) REGARDING THE QUALITY, ACCURACY, OR RELIABILITY OF ANY MEAL INFORMATION, DIETARY TAGS, OR ALLERGEN LISTINGS; AND (IV) ANY GUARANTEE THAT MEALS WILL MEET SPECIFIC TASTE PREFERENCES OR DIETARY REQUIREMENTS.

  • CLIENT ACKNOWLEDGES THAT TGL’S CATERING SERVICES ARE NOT DESIGNED TO COMPLY WITH SPECIFIC MEDICAL OR HEALTHCARE DIETARY PROTOCOLS AND TGL DOES NOT PROVIDE MEDICAL NUTRITION THERAPY OR SPECIALIZED MEDICAL DIET SERVICES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

  • The Client is responsible for informing guests or employees about potential allergens and dietary restrictions.

Service Interruptions and Force Majeure

  • TGL shall not be liable for any failure or delay in performing its catering obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control. Service interruptions may include but are not limited to:

    • Acts of God ((including but not limited to earthquakes, floods, hurricanes, tornadoes, wildfires, extreme weather events, natural disasters, pandemics, epidemics, or public health emergencies)).

    • Supply chain disruptions(including but not limited to food supplier shortages, agricultural emergencies, food safety recalls, transportation system failures, labor shortages, strikes, or other market conditions affecting food availability).

    • Restricted facility access (including but not limited to Client facility lockdowns, health department closures, power outages, utility failures, building damage, facility maintenance, security concerns, or any other condition preventing TGL from safely accessing the designated service area).

  • In the event of service interruption, TGL shall make reasonable efforts to resume normal catering services as soon as practicable. For prolonged disruptions, TGL will communicate alternative arrangements to Client as appropriate. Client acknowledges that certain force majeure events may require TGL to substitute menu items or modify service schedules without prior notice.

Indemnification

  • The Client agrees to indemnify, defend, and hold harmless TGL, its officers, shareholders, employees, directors, and agents from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising out of or resulting from:

    • Improper use of catering facilities or equipment.
    • Failure to communicate dietary restrictions.
    • Any injuries or damages caused by guest negligence.
    • Breach of this Agreement, the Quote, or Service Contract.
    • Negligence, willful misconduct, or breach of law by Client, its employees, guests, or representatives.

  • Additionally, Client specifically acknowledges and agrees that it shall be fully responsible and liable for the acts and omissions of its guests, employees, and authorized representatives in connection with TGL’s catering services. Client’s liability under this indemnification shall be limited to the proportion of fault attributable to Client, its guests, employees, and representatives. This indemnification obligation shall survive the termination of this Agreement.

LIMITATION OF LIABILITY

  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TGL’S TOTAL LIABILITY TO CLIENT FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR USE OF TGL’S CATERING SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE TOTAL CONTRACT VALUE OF THE SPECIFIC CATERING EVENT FROM WHICH THE CLAIM ARISES. TGL SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, EVENT CANCELLATION COSTS, OR OTHER INTANGIBLE LOSSES, EVEN IF TGL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.

  • THE FOREGOING LIMITATIONS DO NOT APPLY TO: (I) LOSSES OR DAMAGES RESULTING FROM TGL’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR PERSONAL INJURY OR DEATH; OR (II) ANY OTHER LIABILITIES THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

7. Dispute Resolution & Governing Law

  • This Agreement shall be governed by the laws of California, without giving effect to any choice of law or conflict of law provisions.

  • In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation.

  • If unresolved, any dispute arising from this Agreement or any Client’s use of TGL’s catering services shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in San Mateo, California, though Client or TGL may choose to participate remotely via telephone or video conference. The arbitration proceedings and outcome shall be confidential. Discovery shall be permitted in accordance with the AAA’s Commercial Arbitration Rules. Fees shall be paid according to AAA Commercial Rules. The arbitrator may reallocate costs and fees, including attorneys’ fees, in their final award.

  • CLIENT AND TGL AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION OR OTHER GROUP PROCEEDING. CLIENT HEREBY WAIVES ANY RIGHT TO BRING CLAIMS AS A CLASS REPRESENTATIVE OR AS A MEMBER OF A CLASS. CLIENT AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

  • The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this arbitration agreement. The arbitrator’s award shall be final and binding on the parties. Judgment on the award may be entered in any court of competent jurisdiction.

  • Client has the right to opt out of this agreement to arbitrate and class action waiver within 30 days of first engaging TGL’s catering services by sending written notice to TGL by mail or by email to the address provided in the Contact Information Section of this Agreement stating intent to opt out.

  • Notwithstanding the foregoing, (i) either party may seek injunctive or equitable relief in a court of competent jurisdiction in California, and (ii) either party may bring small claims in a court of competent jurisdiction in California. This Section survives termination of this Agreement.

8. Additional Terms

Termination of Service

  • This Agreement remains in effect until terminated in accordance with this provision. TGL may suspend or terminate catering services, in whole or in part, at any time, with or without cause, at its sole discretion. This includes, but is not limited to, cases where:

    • Client violates this Agreement or their Quote or Service Contract;
    • Non-payment or late payment occurs;
    • False or inaccurate information is provided;
    • Inappropriate conduct toward TGL personnel occurs;
    • Client engages in illegal or fraudulent activity;
    • Continued service presents security risks or violates applicable laws or regulations;
    • Third-party service providers discontinue or restrict services critical to TGL’s operations;
    • For any operational or business reasons determined at TGL’s sole discretion.

  • In the event TGL terminates or suspends services for reasons not due to Client’s breach of this Agreement, or other Client fault, Client shall be entitled to a refund of amounts already paid for events that will not be serviced. Such refund shall be Client’s sole and exclusive remedy for termination or suspension not due to Client fault.

  • If TGL terminates or suspends services due to Client’s breach of this Agreement, or other Client fault, Client shall not be entitled to a refund to the extent such amounts are attributable to Client’s fault or breach. Client remains responsible for any unpaid fees for services provided or costs incurred by TGL prior to termination.

  • Client may only terminate this Agreement by providing written notice in accordance with the notice period specified in their individual Quote or Service Contract. Upon any termination:

    • All licenses granted under these Terms will immediately terminate;
    • TGL will cease all catering services as of the effective termination date;
    • Any outstanding invoices must be paid in full.

Communications

  • Client consents to receive electronic communications related to TGL’s catering services, and agrees that all agreements, notices, disclosures, and other communications that TGL provides electronically via email satisfy any legal requirement that such communications be in writing.

  • When communicating with TGL, Client agrees to:

    • Communicate professionally and respectfully;
    • Not share information unrelated to the services provided by TGL;
    • Not distribute any content that is unlawful, offensive, defamatory, or infringes on intellectual property rights.

  • TGL reserves the right to review and remove any communications at its discretion but has no obligation to monitor all communications. While TGL does not actively monitor all communications, it may disclose information if required by law or to protect the rights of Clients or the public.

  • Client is advised to exercise caution when sharing sensitive dietary or personal information. TGL disclaims liability for any actions resulting from these communications.

Intellectual Property

  • TGL retains all right, title, and interest in all intellectual property related to its catering services and on its website, including but not limited to: menus, recipes, food preparation methods, business processes, branding, and promotional materials. The TGL name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TGL or its affiliates. Client may not use such marks without the prior written permission of TGL.

  • TGL’s recipes, menu structure, and food preparation methods constitute valuable trade secrets and proprietary information. The structure, organization, and business model of TGL’s catering services are also proprietary to TGL.

  • Clients are strictly prohibited from:

    • using TGL’s intellectual property to develop or improve any competing catering or food service;
    • copying or reproducing any portion of TGL’s menus, recipes or business processes for competitive purposes;
    • reverse engineering TGL’s food preparation methods or business model.

  • No rights or licenses to TGL’s intellectual property are granted except as expressly set forth herein. This Section shall survive the termination of this Agreement.

9. Entire Agreement

  • This Agreement, together with any applicable Quote or Service Contract between TGL and the Client, constitutes the entire agreement between the parties with respect to TGL’s catering services, superseding all prior or contemporaneous communications, understandings, and agreements, whether oral or written.

  • TGL may update this Agreement from time to time by providing written notice to Client. For recurring catering services, continued use of TGL’s services after such updates constitutes acceptance of the revised Agreement. For one-time events, the Agreement in effect at the time of signing the Quote shall govern.

  • In the event of any conflict between this Agreement and a specific Quote or Service Contract, the terms of the Quote or Service Agreement shall control with respect to pricing, payment terms, cancellation periods, and other business terms specific to the Client’s event or program, while these Terms shall govern all other aspects of the relationship.

  • The failure of TGL to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

  • This Agreement may not be modified except in writing signed by both parties, except as expressly provided herein regarding updates to this Agreement.

Contact Information

For questions or support, contact:

The Good Lunch

Email: support@eatgoodlunch.com

Phone: 650-394-5518

Website: www.eatgoodlunch.com