Agreement

Service Agreement

This agreement (the “Agreement”) is a legal agreement between You, the client (“You”), and Atlanta Personal Chef Service (“APCS”) that states the terms and conditions under which You may receive APCS’s personal chef and catering services. Your use of APCS’s services constitutes Your agreement to the terms and conditions set forth below.

1. Responsibilities.

Once each week’s menu is established, APCS shall, in return for Your payment, provide the Product that You order, or comparable substitutes, for the requested period. APCS will shop for all necessary ingredients and items for the ordered meals, and then prepare and cook the meals for You in Your kitchen at Your residential address at that week’s scheduled cooking sessions (scheduled ahead of time by You and APCS). An invoice will be provided to You outlining the charges for that bi-weekly period’s Product, including but not limited to the food costs, any kitchen supplies purchased, and the APCS charges for providing the service. If APCS is cooking in Your kitchen, APCS will use Your condiments, supplies, and disposable items such as plastic wrap, foil, bags, etc. Your payment for the Product is due in full by the due date on your invoice. You agree to make payment to APCS if APCS cannot collect the payment for any reason.

2. Disputed Charges.

In the event of a disputed charge, You shall notify APCS in writing of the disputed amount and reason for the dispute, and You agree to pay all undisputed amounts owed while the dispute is under negotiation.

3. Client Registration.

You agree to provide APCS with accurate, complete and updated information as required, including, but not limited to, Your legal name, billing and residential address, email address, appropriate telephone contact numbers. When paying by credit card, You represent and warrant to APCS that Your use of any such credit card is authorized and legal.

4. Client Information Changes.

It is Your responsibility to promptly notify Your bank of any changes to Your billing information or the loss, theft, or unauthorized use of Your checks and/or credit card number. You are responsible for updating Your registration information with APCS, including Your contact information, and credit card information. You will be responsible for paying any fees, fines, or chargebacks resulting from lack of sufficient funds, inquiries, expirations dates, etc. (These fees, if incurred, are typically $30 or less).

5. Methods of Payment.

You may pay by electronic check (through Authorize.net set up by APCS) or you may pay by credit card, incurring a 3.5% convenience fee. Billing is bi-weekly. Service charge will be charged every other Monday, and grocery reimbursement will be charged every other Wednesday.

6. Cancellation Policy.

If you do not need your chef to visit on a regularly scheduled day, you may cancel with your account manager by noon the Friday prior to receive 100% of the service cost towards a dinner party gift certificate (gift certificate may also be donated towards a selected charity silent auction fundraiser) for up to six service days per calendar year. (Redemption restrictions apply. Please see Cancellation/Holiday policy for details). APCS will not provide service on New Years Day, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, or Christmas Day, and you will be provided two alternative service dates if your regularly scheduled service falls on one of those dates. While we make every effort possible to never cancel a scheduled service day, in the event that your regularly scheduled chef is not available and we cannot provide a substitute chef and need to cancel on our end, you will receive an immediate credit in the amount of that day’s service charge towards your next grocery reimbursement.

7. Permanent Service Discontinuation.

You may terminate your APCS service at any time for convenience. To do so, you must provide thirty (30) days advance written notice to APCS. Terminations for convenience will be effective thirty (30) days following the date notice is received (e.g., written notice received by APCS on January 15 will terminate your APCS weekly service effective February 14). During the thirty (30) day period, your APCS weekly service will remain in effect. Weekly service fees will be prorated to the effective termination date. If you would like to permanently discontinue chef service, please notify APCS in writing by emailing info@atlchefs.com with the subject line “Service Discontinuation”.

8. Dinner Guests & Dinner Delays.

If you would like your chef to prepare the scheduled menu for guests (up to 6 dinners total), please inform your chef via email by 5 pm the evening before the cooking date. You will incur a $10 fee for each additional meal prepared on non-serving nights ($25 per guest on serving nights). For non-serving nights, you get two free guest portions each month. If dinner is delayed on serving night due to a late guest or other reason, there will be a $25 charge/half hour delay.

9. Delivery Service Equipment and Logistics.

If disposable plastic containers are used to deliver food items, there will be a cost of $5 per day. Unreturned cooler bags will be charged at $12 per bag. Please remember to have your reusable glass Tupperware containers clean and ready to hand to the chef at your delivery to avoid additional charges. In the event that the chef cannot enter your home or complete the delivery as scheduled due to reasons such as the gate note being opened, nobody being home to receive the delivery, etc and the delivery cannot be completed, the chef will allow 15 minutes grace period for arrangements to be made, after which time the food for that delivery will be forfeited unless other reasonable arrangements can be made with the chef. If a second delivery attempt is needed, or a delay in more than 30 minutes is needed, there will be a charge of $25 or more to compensate for the chef’s additional time spent.

9. Product/Service Availability.

Although APCS believes that it will be able to meet Your food preferences, it is possible that certain food items will be unavailable, from time to time. In the event an item You have indicated a preference for is unavailable, APCS will provide You with a comparable substitute.

10. Nutritionist/Diet.

While APCS chefs are educated on various areas of nutrition and diets, APCS does not provide medical or nutrition advice. You acknowledge that APCS has advised You to seek the advice of Your physician or other health care provider if You have any medical questions or questions regarding other things such as the menus planned, any medical conditions, post-pregnancy and post-partum conditions, nutritional supplements or exercise regimes. APCS does not intend to provide You with a weight loss program.

11. Disclaimer of Warranty.

APCS personal chef services are provided on an “AS AVAILABLE” basis and APCS does not provide any assurances of the availability or usability by You of the services. APCS makes no warranties, express or implied, including without limitation, no implied warranties of merchantability or fitness for a particular purpose, as to the personal chef services, or otherwise.

12. Limitation of Liability.

APCS shall not be liable to you for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data, or compatibility conflicts), unauthorized use of your credit card, or other consequences beyond the reasonable control of APCS. Any liability of APCS (including its employees, affiliates, or agents) to you for damages, injuries, losses and causes of action, of any kind or nature, whether in contract, tort, or otherwise, either jointly or severally, shall be strictly limited to the aggregate dollar amount paid by You to APCS in your most recent use of the personal chef service immediately prior to the claimed injury, loss or damage.

13. Confidentiality.

APCS values You as a customer and Your right to privacy. APCS will exercise reasonable efforts to ensure that Your information remains confidential and is available only to personnel who have a need to know such information in connection with providing You with APCS’s personal chef services or otherwise for APCS’s general business purposes, and will not sell Your name, address or similar personally identifying information to unrelated third parties or permit the use of such information outside the scope of the APCS personal chef service.

14. Applicable Law.

These Terms and Conditions, collectively constituting the sole and entire agreement between APCS and You regarding the personal chef services, are governed by laws of the State of Georgia without regard to conflict of laws and rules. The parties agree to jurisdiction and venue for any dispute hereunder solely in DeKalb County, Georgia.

15. Terms and Conditions Govern.

These Terms and Conditions, as amended from time to time, and the information contained in Your Service Description form shall be the sole terms of the agreement between You and APCS regarding Your purchases. All statements otherwise made on the Site, or otherwise, are intended only for Your convenience and do not form and are not included in the Agreement or the terms for Your purchase.

16. APCS’s Right to Refuse Service.

APCS, in its sole discretion, reserves the right to refuse service to anyone, with or without cause or reason. APCS reserves the right to add, delete or change fees or charges at any time upon notice as provided in this Contract.

Under Georgia law, there is no liability for an injury or death of an individual engaging in business with APCS if such injury or death results from the inherent risks of contracting COVID-19.  You are assuming this risk by engaging in business with APCS.