1. Entire Agreement. This Catering Services Agreement (this “Agreement”), comprised of the cover page of this document and these General Terms and Conditions, contains the entire understanding of the parties with respect to the food and wait services, equipment rental, and any other ancillary services set out on the cover page of this document (collectively, the “Services”) to be provided by Leave it to Lindz, L.L.C. (“Caterer”) to the Customer indicated on the cover page of this document. This Agreement supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter and controls over any conflicting course of dealing or performance or any additional terms set forth in any other document that is not part of this Agreement. This Agreement may be executed in counterparts and delivered via facsimile or e-mail. Changes to this Agreement are subject to the written agreement of the parties.

2. Services. Caterer shall provide the Services on the date and at the time and place listed on the cover page of this document (the “Event”) and in accordance with the terms and subject to the conditions set forth in this Agreement. Caterer shall ensure that it complies with all food service requirements and that it and each of its staff members for the Event possess the required skills, experiences, licenses, and qualifications to perform the Services in accordance with applicable federal, state and local laws and regulations of the jurisdiction where the Event occurs. Except as set forth on the cover page of this document, Caterer shall provide all necessary food, equipment, utensils, and service ware for use in the performance of the Services.

3. Cancellation. Customer must submit a cancellation request in writing to Caterer at least 7 days prior to an Event with 50 or more guests, or for Events with less than 50 guests, no later than 48 hours prior to the Event. All cancellation requests are subject to Caterer’s approval. In the event of such cancellation by Customer, Customer forfeits to Caterer the Deposit paid to Caterer. In the event of Customer cancels the Event with less than the required notice, Caterer shall, on a pro rata basis based on the number of days until the Event, repay, except for the Deposit, all fees and expenses paid in advance for any Services which have not been provided.

4. Fees, Deposits, and Payment. Customer shall pay to Caterer the Total Fee set forth on the cover page of this document. Upon execution of this Agreement by the Customer and Caterer, Caterer will submit an invoice and payment instructions to Customer for payment of a non-refundable Deposit to reserve the Caterer's services for the Event. The Deposit is due within 48 hours of receipt of the invoice. The Deposit will be credited towards the Total Fee. Failure to make timely payment of the Deposit, shall, at Caterer’s sole option, result in cancellation of this Agreement and all obligations of either of the parties hereunder. On the day of the Event, Caterer will submit a final invoice, and Customer shall pay the Fee minus the Deposit [no later than 48-hours following receipt of the invoice]. All invoiced amounts not paid within 30 days of the due date shall be subject to a late fee equal to the lower of 1.5% or the maximum rate permitted by applicable law. Customer shall be responsible for reasonable costs (including attorneys’ fees) incurred by Caterer to collect overdue amounts.

5. Independent Contractor. It is understood and acknowledged that in providing the Services, Caterer acts in the capacity of an independent contractor and not as an employee or agent of Customer. Caterer shall control the conditions, time, details, and means by which Caterer performs the Services.

6. Force Majeure. Caterer shall not be liable, or be deemed to have defaulted under or breached this Agreement, for any failure, interruption or delay in fulfilling or performing the Services, when and to the extent Caterer’s failure, interruption or delay is caused by or results from events beyond Caterer’s reasonable control, including without limitation acts of God; flood, fire, pandemics, epidemics, government mandates which prevent the provision of the Services, or explosion; hostilities (whether war is declared or not), riot or other civil unrest; inability or delay in obtaining supplies of adequate or suitable materials due to substantial increase in price, national shortage or otherwise. Caterer shall promptly give notice of the Force Majeure Event to Customer and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.

7. Liability and Loss. Customer acknowledges and agrees that Customer shall be liable for any damage to or theft of Caterer’s catering inventory, equipment, or other property provided by Caterer at the Event. In the event of any such damage or theft, Caterer will promptly notify Customer and will send an invoice within 3 business days. Payment on the invoice will be due within 1 week of the invoice date. To the extent permissible by applicable law, Caterer shall not be liable for damages, liability, costs or expenses that may arise in connection with this Agreement, including as a result of negligence, in excess of the amount paid by Customer to Caterer with respect to the associated Services rendered or to be rendered under this Agreement. CUSTOMER WAIVES CLAIMS OF INDIRECT, CONSEQUENTIAL, INCIDENTAL AND SPECIAL DAMAGES.

8. Privacy Policy. By accessing Caterer’s website, https://www.leaveittolindz.org/ (the “Site”), continuing to access the Site, or downloading materials from the Site, Customer acknowledges and consents to Caterer’s collection, use, and disclosure of any personally identifiable information Customer provides via the Site as described in Caterer’s Privacy Policy, available at [link].

9. General. This Agreement and all matters arising out of or relating to this Agreement, including tort and statutory claims are governed by, and construed in accordance with, the laws of Minnesota, without giving effect to any conflict of laws provisions thereof. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be brought before any federal or state courts in each case located in Minnesota. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY: (A) CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE AFOREMENTIONED COURTS; (B) WAIVES ANY OBJECTION TO THAT CHOICE OF FORUM BASED ON VENUE OR TO THE EFFECT THAT THE FORUM IS NOT CONVENIENT; (C) WAIVES ANY RIGHT TO TRIAL BY JURY; AND (D) WAIVES PERSONAL SERVICE OF ANY SUMMONS, COMPLAINT, OR OTHER PROCESS, WHICH MAY BE MADE BY ANY OTHER MEANS PERMITTED BY MINNESOTA LAW. This Agreement is binding upon and inures to the benefit of the parties and their respective successors and permitted assigns. Except for the parties, their successors and permitted assigns, there are no third-party beneficiaries under this Agreement.