Catering Contracts: Key Terms and Red Flags to Watch For

Why Catering Contracts Need Careful Review

Catering is often one of the largest event expenses, and the contract involves many variables — guest counts, menu selections, staffing, equipment, and timing. Vague terms lead to unexpected charges, insufficient food, or service failures on the day that matters most.

Menu and Food Details

• Specific menu items: Every course, dish, and beverage should be listed — not just "dinner buffet" but the exact items included
• Dietary accommodations: How will the caterer handle vegetarian, vegan, gluten-free, nut-free, and other dietary needs?
• Tasting: Is a tasting session included before the event? How many guests can attend?
• Substitution policy: What happens if an ingredient is unavailable? Must the caterer get approval before substituting?
• Alcohol service: Is alcohol included, and who holds the liquor license? Are there liability implications (dram shop laws)?

Guest Count and Pricing

• Guaranteed guest count: When must you provide the final number? (Typically 7-14 days before the event)
• Minimum guest count: Is there a minimum you must pay for regardless of attendance?
• Price per person: Is this a fixed price, or can it change?
• Overage allowance: How many extra guests can the caterer accommodate, and at what price?
• Children's pricing: Is there a reduced rate for children, and up to what age?

Service and Staffing

• Staff-to-guest ratio: How many servers, bartenders, and kitchen staff will be provided?
• Service style: Plated, buffet, family style, stations, or passed appetizers
• Setup and breakdown: What time does the caterer arrive and leave? Is breakdown included in the service fee?
• Rentals: Are tables, chairs, linens, china, flatware, and glassware included, or rented separately?

Hidden Fees to Watch

• Service charge vs. gratuity: A service charge (often 18-22%) goes to the company, not necessarily the staff. Gratuity goes to the staff. Clarify both
• Cake cutting fee: Some caterers charge per-slice to cut and plate an outside cake
• Corkage fee: Charge for serving alcohol not purchased through the caterer
• Kitchen or facility fees: Additional charges for using the venue's kitchen
• Delivery and transport fees: Especially for off-site catering

Cancellation

• Cancellation schedule: Refund amounts at various notice intervals
• Deposit: How much is due at booking, and is any portion refundable?
• Force majeure: What happens if the event cannot proceed due to circumstances beyond your control?

When to Consult a Lawyer

For large events with significant catering budgets, consider having an attorney review liability, liquor service obligations, and cancellation terms.

This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.