Terms of service

The WaitStaff Team Inc Contract – General Terms of Service:

The WaitStaff Team, Inc will be referred to as “TWST” throughout the contract.

Staffing Policies

Continuous Hour Minimum:
– – The minimum shift length for each requested staff member is 4 continuous hours. If staff are dismissed before the 4-hour minimum has been reached, the client will still be billed for the 4-hour minimum.

Specific Staff Requests:
– – Clients may request specific staff by name; however, TWST does not guarantee the availability of the requested staff member. Once the event is booked and the staff has been confirmed, the client will be notified if the requested staff member is or is not scheduled to work their event.

Direct Hire Placement/Finder’s fee:
– – If the client desires to directly hire (outside of TWST) a TWST staff member who has worked on an event for the client through TWST within 12 months, the client is subject to a $1,500 Placement/Finder’s Fee.
– – Engagement of staff for additional services outside TWST without prior written agreement within 12 months of hiring the staff person through TWST will be considered direct hiring of TWST staff. The client will be immediately charged the $1,500 “Finders/Placement Fee”.

Sharing Contact Information:
– – Staff Contact Information: If TWST staff contact info is required, the client may request the staff’s contact information by emailing [email protected] 48 hours prior to their event.

First-Come, First-Serve Basis:
– – TWST operates on a first-come, first-serve basis. If the event date is booked before an event’s booking fee is received, the event and staffing request will be denied.

Unsafe Working Conditions:
– – If the working conditions are deemed unsafe by the TWST Lead onsite or violate OSHA or other safe work guidelines, including those related to COVID-19, staff may leave the job. The client will be billed and responsible for paying for the full staff shift, including gratuity, for billable hours worked or a 4-hour minimum, whichever is greater.

Refusal of Service:
– – TWST reserves the right to refuse service at any time for reasons including but not limited to, failure to meet staffing ratios, location distances or restrictions, requests for unsafe or unprofessional services, client’s refusal to pay deposits or progress payments, or refusing to provide necessary equipment or accommodations.

Dress Code and Appearance:
– Standard:
– – Staff attire is all black, including a button-down dress shirt, slacks, shoes, and a TWST long bistro apron.
– – Requests for alternative attire must be made in writing at least 1 month prior to the event.
– Hot Weather:
– – If TWST staff are to be working outside for any of the event and if the exterior temperature is projected to be 80°F or higher, staff may be in short sleeve button downs or black polo shirts (or may choose to roll up their sleeves), black shorts, no apron, and female staff may opt for a black knee-length dress.
– Cold Weather:
– – If TWST staff are to be working outside for any duration of the event and if the exterior temperature is projected to be 60°F or less or if it is raining outside, staff may be wearing personal sweaters or jackets and may not be all black.

TWST Expectations

3rd Party Rentals:
– – If a client requests TWST to handle any 3rd party rental orders, the client agrees to pay TWST a 15% handling fee above the overall retail total of the rental company’s bill which may include taxes, fees, sales, and delivery.
– – The client is solely responsible for selecting the specific materials to be rented.
– – TWST will be responsible for covering any charge from the rental company for any damaged dishware or linens.
– – The client will be responsible for any large item breakage where the replacement value is more than $100. Items included but not limited to furniture, decorations, heaters, or other items that would be placed out by guests and may be damaged by guests.
– – If a rental company fails to provide an item(s) that the client approved/paid for, the client will be refunded for the item(s) that were not provided. TWST is not held responsible for any delays in service or service abilities due to a rental company’s failure to provide rented material.

Equipment and Set-Up:
– – If TWST is providing equipment, TWST staff will set up and tear down these rentals during the hours included in the billed invoice. If the required equipment is not rented through TWST, it is the client’s responsibility to provide TWST with the required material for proper service. Material lists will be provided. Failure to provide necessary equipment may result in fees being added to the client’s bill for materials procured during an event.
– – Missing, damaged, or non-functional items/materials
– – In the unlikely event that items ordered and to be supplied through TWST are missing, damaged, or non-functional, the client will receive a full refund for the item or items in question.
– – TWST’s financial responsibility is limited only to the refund of TWST supplied missing/damaged/non-functional item(s) and TWST is not responsible for any other financial, physical, emotional, or time delays that the issue may have caused. Further compensation may be considered on a case-by-case basis.

Client Expectations

Provide Correct Guest Counts:
– – The client is responsible for providing TWST with an accurate guest count before the event and keeping TWST up to date with any changes to the guest count before the event.
– – If the actual guest count exceeds the contracted amount, TWST reserves the right to bill for the full amount of staff that should have been booked, including booking fee, staffing hours, and gratuity based on a 1 to 35 server-to-guest ratio for buffet events, 1 to 25 ratio for family-style events, and 1 to 20 ratio for individual plated events.

Client Requesting TWST to go off ratios
– – If the client requests TWST to alter staff-to-guest ratios and after an internal review TWST agrees to decrease the staff-to-guest ratio, the client acknowledges that this request may impact the event timeline and quality of service.

Client-Sourced Food:
– – Clients must source and provide all the food for the event.
– – Clients must provide the menu to TWST two weeks prior to the event.
– – Unless otherwise arranged, any food to be served in a chafer is to arrive at the venue in client or caterer-provided disposable chafer/hotel pans and labeled.

Food & Beverage Delivery and Disposal:
– – Food must be delivered to the venue site by the caterer or others outside of TWST. TWST does not offer food or beverage delivery to the venue outside of what would be purchased through TWST.
– – Any remaining food or beverages not consumed at the end of the event will be packaged up by TWST staff or disposed of according to state food safety guidelines. The client is responsible for removing remaining food and/or beverages from the facility, and TWST is not responsible for the removal or disposal of these materials, or any fees incurred from the venue or others if these items are not removed.
– – If the client has not provided written instructions on what is to be done with leftover food or beverages, TWST is not liable for any disposal or disbursement of food or drinks.

Client’s Duty to Provide Information:
– – Clients must provide all necessary information, including venue layout, floor plan, final guest counts, seating charts, and any other documentation at least 2 weeks prior to the event to ensure TWST can appropriately serve the event.

Equipment Responsibility:
– – Clients are responsible for ensuring proper onsite equipment to maintain food temperatures. Client may either rent/purchase necessary equipment through TWST or provide it themselves.
– – TWST is absolved of liability if food is not kept at safe temperatures due to improper or missing equipment provided by the client.
– – TWST may need to dispose of food not kept at appropriate temperatures and is not held liable for financial losses or delays or inability to perform requested services.
– – If the client chooses to provide all equipment for food and beverage service and does not rent/purchase these items through TWST, TWST is absolved of liability and the repercussions for any food and beverage service standards.

Client-Sourced Alcohol:
– – Clients must source and provide all alcohol
– – Client must provide the bar/cocktail drink menus to TWST 2 weeks before the event.
– – If the client chooses to have TWST provide any non-alcoholic garnishes or mixers for the bar, this request and any recipes must be requested at least 2 weeks prior to the event. Shorter notice requests may be accommodated at an additional fee and on a case-by-case basis.

Failure to Provide Necessary Items:
– – A failure to provide all necessary items may lead to improper service, unsafe sanitization, or inability to serve. TWST is absolved of responsibility if the error was due to the client’s failure to provide needed equipment
– – If client fails to provide items such as plates, cups, cutlery, etc, and TWTS is requested to provide this, a TWST staff member may leave the venue to obtain the materials and the client will be billed for materials plus 25% as well as for the mileage at the federal mileage rate.

Staff Meals:
– – Staff will receive one meal per staff person per meal served at the event. If no food is provided, the client may be fiscally responsible for acquiring last-minute food for the staff at the event and if a TWST member purchases the food, this cost will be added to the client’s bill onsite for costs of the food material plus 25%.

Access Restrictions and Security:
– – Any access restrictions, such as badges or security passes, must be pre-arranged at least 48 hours (about 2 days) prior to the event.

Estimate & Invoice Policies

TWST Hourly Billing Increments:
– – TWST bills staff hours in 15-minute increments. Start times are rounded up within 5 minutes and down within 10 minutes. End times will be rounded backwards within 5 minutes and forward within 10 minutes to the next 15-minute interval.

TWST Staff Hours Adjustment:
– – TWST staff hours are subject to change based on event needs.
– – The departure times of each staff member are subject to change during the event based on the event’s needs. The TWST lead onsite reserves the right to keep or dismiss staff based on the remaining tasks needed for the event regardless of the per-arranged end times of staff.
– – The client or the client’s appointed person in charge may request staff to stay late or depart early as a full team, as long as the continuous 4-hour minimum has been met.
– – The final bill will be adjusted, and the client will be responsible for paying the full amount requested based on the reported times worked by the staff.

Payment Policies Payments:
Booking Fee as Safety Deposit:
– – The booking fee acts as a non-refundable safety deposit, securing the event and a pre-determined amount of staff on the TWST event calendar. No staff are reserved, and TWST services are not secured until a booking fee is paid for the specified number of staff. Once the booking fee is paid, the client will receive a confirmation email that their event date and staff are secured.

Pre-Event Down Payment:
– – A required 75% down payment of the total bill is requested 2 weeks before the event and is due no later than 72-hours before the event begins.

Final payment:
– – A final payment request will be issued within 72-hours of the event after all staff hours have been accounted for and any other potential rental/sales adjustments have been made.
– – Final payment is due no more than 14 calendar days after the final payment request is issued.

Late Fees:
– – Final payment requests are sent out the following weekday after an event and are due within 2-weeks of when they are received.
– – Late payments made after 14 calendar days will incur a $25 fee.
– – Late payments made after 30 calendar days will incur an additional $25 late fee ($50 total).
– – Late payments made after 45 calendar days will be subject to an additional $25 late fee ($75 total).

Non-Payment Policy:
– – Unless otherwise communicated and agreed upon by both parties in writing beforehand, if the event’s 75% pre-event down payment is not paid 72-hours before the event, the contract will be cancelled and TWST will not provide the services requested for the event and any payments made up to that point will be forfeited. If the payment is then made within 72-hours of the event, TWST does not guarantee availability to serve the event in question and may refuse service or the client may be subject to additional fees to re-secure the staff.
– – Final payments not made after 75 calendar days from when the final payment request was issued may be sent to collections or have further legal action taken.

Gratuity:
– – Gratuity is calculated as 20% of hourly wages and applies only to hourly wages. This does not include booking fees, rentals, consumables, or other service charges.

Adding On Staff:
– – Requests for additional staff made 7 days or more before the event incur a standard fee of $40 per staff member. Requests made within 6 days or less of the event will incur a $50 fee per staff member.

Missing or No-Show Staff:
– – In the unlikely event that TWST cannot provide booked staff due to last-minute issues (e.g. unforeseen illness or emergency), the booking fee and any service hours paid for the unfulfilled shifts will be refunded in full. TWST is not responsible for any other financial or other issues that this may cause.

Client’s Right to Cancel:
– – The client may cancel their event for any reason at any time and is subject to the fees outlined within this contract.

Cancellation Policy:
– – If the client cancels an event after paying the booking fee for any reason TWST will retain the non-refundable booking fee. Any other amounts paid will be refunded.

If the client cancels between 24 hours and 72 hours prior to event:
– – The client is responsible for a 25% restocking fee on any event rentals or sales and is subject to paying 2 hours of any scheduled staff shift not including gratuity.

If the client cancels under 24 hours prior to event:
– – The client is responsible for a 25% restocking fee on any event rentals or sales and is subject to paying 4 hours of any scheduled staff shifts.

Drive time:
– – Paid drive time is based on the location of the event and is not based on the location of the staff working at the event. This is based on a pin drop in Portland using Google Maps and estimating the drive time to the event on the date and time that TWST staff start working. The first 30 minutes to and from an event is complimentary. Any time after 30 minutes will be billed in 15-minute increments.
– – Paid drive time will be added to each staff shift and will be noted in each line item.
– – TWST will set the paid drive time as is deemed appropriate. Once the drive time has been specified in each line item, it is not subject to change.

Overtime:
– – Overtime will be specified on each individual staff shift line item.
– – Billed at time and a half for any and all hours after 10 consecutive hours including drive time.

Pre-event site walkthroughs:
– – Pre-event site walkthroughs may be required, recommended, or requested by TWST, the venue/coordinator/caterer, or the client. All pre-event site walkthroughs must be scheduled at least 1 month prior to the event date. If site walk throughs are requested within 1 month, TWST cannot guarantee availability to accommodate.
– – For full-plated meals and family-style meals, TWST highly recommends (and sometimes requires) pre-event site walkthroughs.
– – TWST offers a complementary pre-event walkthrough for all events with a booking fee of $500 or more. For events with booking fees under $500, a pre-event walkthrough can be added for a small fee
– – $150 for up to 1.5-hour walkthroughs within 30 minutes of Portland, OR
– – $300 For up to 1.5-hour walkthroughs outside of 30 minutes of Portland, OR
– – Additional time is added in ½ hour increments at $50 per hour.

Trash & recycling removal (last minute or otherwise):
– – TWST offers trash and or recycling removal as an add on paid service. This service must be requested 2 weeks prior to the event.
– – If the request is made within less than 14 days of the event, TWST cannot guarantee this can be accommodated.
– – If it can be accommodated, there will be an extra $100 fee to add this service in addition to the existing trash and/or recycling service fee.

Date change fee:
– – Any request to change the date of event services that have previously been booked must be requested in writing.
– – Date changes must be requested 72 hours or longer from the start of the event. Any requested date change within 72 hours of the event is subject to TWST cancellation policies.
– – Once the booking fee has been paid to secure TWST services for a specific date, TWST cannot guarantee availability of any new date proposed for services if the initial specific date is no longer available for any reason.
– – If the client proposes a new date and TWST is available to perform the same services, then any change to the date shall result in a $20 per person booked fee to change the date of booked service.
– – If TWST is unavailable for a new date and the client wishes to cancel completely, the client will forfeit the initial booking fee and is subject to the TWST cancellation policy.

Late Night/Early Morning Fee:
– – If an event shift requires staff members to start or end their shift between the hours of 2:00 AM and 6:00 AM and does not require paid drive time, a fee of $75 per staff member affected will be applied. This fee will be applied based on the staff’s reported hours.
– – If an event shift requires some paid drive time between 0 and 1 hour and the shift ends after 12:05 AM and/or begins on or before 6 AM, then a fee of $75 per staff member affected will be applied. This fee will be applied based on the staff’s reported hours.

Early morning or Overnight accommodations charge:
– – If an event shift start or end time is between the hours of 12 AM and 6 AM and requires more than 1 hour of paid drive time, or if a shift with over 1.5 hours of paid drive time would require staff to have their paid drive time happen between the hours of 12 AM and 6 AM, then the client will pay a $200 per staff overnight stay fee in addition to the shift hours, paid drive time, and gratuity.

Parking reimbursement:
– – If a client’s venue requires paid parking and public transit is not an option, the client will pay a $10 per staff person Parking Stipend fee.

Corporate Staffing Payments:
– – For any CORP shift, all payments for the entire invoices must be maid by Check and must be received before late fee schedule listed elsewhere on contract.

Alcohol Policies

Sharing Liquor Liability:
– – TWST does not share liquor liability as a standard policy. Exceptions may be considered and must be requested in writing at least 2 weeks prior to the event. TWST reserves the right to refuse a request to jointly assume alcohol liability with any other vendor or client.

Disposition of TWST Provided Excess Items:
– – Any non-perishables (eg. cups, napkins, etc) provided by TWST, if remaining after the event, will return with TWST unless, while onsite, the client requests items to stay.
– – Any perishables (eg. Garnishes, mixers, ice, etc) provided by TWST, if remaining after the event, will return with TWST unless, while onsite, the client requests items to stay.

Adding on alcohol during the event:
– – All alcohol service is to be requested prior to the event.
– – If an alcohol service is added during the event, each staff member required to serve alcohol will have their shift total increased by $10 per hour plus gratuity for their entire shift regardless of how short the alcohol service is.
– – If servers are required to serve any alcohol including but not limited to champagne, each server will be upgraded to Server-Alcohol, and each will have the entirety of their shift increased to the alcohol server rate and associated gratuity.
– – If a bartender is billed as a beer and wine yet is required to server any hard liquor (whether straight or in a mixed drink), the entirety of their shift will be increased to Bartender – Liquor and will be subject to the increased rate and associated gratuity.

Alcohol Service and Special Event License:
– Hosted Bar
– – A hosted bar is where the client is providing the alcohol for no charge and is fully paying for all alcohol service. No other permits from the state are necessary.
– No Host Bar
– – A no host bar is where the client is charging their guests for drinks at the bar, selling drink tickets, charging an entry fee, or any other way that guests of the event must pay a fee of some kind to obtain a drink.
– – If there is alcohol served at an event and the guest(s) are charged a fee for any reason prior, during, or after the event, the client must obtain a “Special Event License” from the respective state. See local state requirements for further details and required dates to request the permit prior to the event. TWST is not responsible for obtaining this permit and will not obtain it on the client’s behalf. For more information, please visit the states websites at oregon.gov or lcb.wa.gov.
– – If the client requires TWST staff to take payment from guests for any reason during an event, the client is to provide the appropriate payment methods during the event and all necessary equipment and should not expect to utilize staff’s personal cell phones or electrical devices.

Other Considerations

Insurance:
– – CLIENT RESPONSIBLE TO SUPPLY EVENT INSURANCE
– – Clients are required to provide their own event insurance to cover them and their liability for hosting the event. This could be required by the venue where the event is taking place and TWST is not responsible for providing general event liability insurance.

Liquor Insurance Policy:
– – TWST carries a $1M Alcohol insurance policy and this coverage will provide TWST as a business entity protection for bodily injury or property damage for which TWST may become legally liable as the result of contributing to a person’s intoxication at the event where TWST was serving. TWST’s alcohol insurance does not cover the client as the event’s host, further responsibility may land on the event host so the client must provide their own “Host Liquor” policy if required by the event venue or state or local laws.

TWST provides General Liability Insurance:
– – TWST has a $1M General Liability Insurance policy that covers TWST company for claims involving bodily injuries and property damage resulting from TWST products, services or operations.

Additionally Insured:
– – If the client or their facility requires TWST to add them as additionally insured, the request must be made in writing at least 2 weeks before the event, including the email address for sending policy copies to the facility owners.

TWST provides Workers’ comp:
– – TWST Workers’ compensation insurance pays for workers’ medical treatment and potential lost wages on accepted claims when workers suffer work – related injuries and illnesses.

Holiday Pay Rates:
– – Increased hourly rates of $10 per hour plus 20% gratuity will be applied to any shift hours falling on the following holidays:
– – New Year’s Day, Easter, Memorial Day, 4th Of July, Labor Day, Thanksgiving, Christmas Day, New Year’s Eve.
– – If a shift is not scheduled for one of the holidays listed but extends into the holiday for any reason, then the hours worked on that holiday will be billed at holiday rate.

Extreme Heat/Sun Exposure:
– – If the event is not in a conditioned space and is over 95 degrees Fahrenheit, shaded areas and fans must be provided for staff. The client is required to provide overhead shelter for staff of some kind during portions of their shift and while on breaks. TWST reserves the right to have staff take as many breaks as necessary to avoid heat-related medical issues.
– – If shade accommodations are not met, a $500 fee will be added to the event bill and TWST will take steps that may include leaving and returning to the event site during the event with shade materials to fix the situation on site. This may result in delays in service and TWST is not responsible for any delays in service.

Extreme Cold/Rain or Snow Exposure:
– – If the event is not in a heated space and is under 40 degrees Fahrenheit, and there is rain/snow/sleet/hail during the event, the client is required to provide overhead shelter for staff of some kind during portions of their shift and while on breaks.
– – If overhead shelter accommodations are not met, a $500 fee will be added to the event bill and TWST will take steps that may include leaving and returning to the event site during the event with shelter materials to fix the situation on site. This may result in delays in service and TWST is not responsible for any delays in service.

Photography and Marketing:
– – TWST has the right to use photographs or videos from events for marketing purposes. Clients wishing to restrict media use must be made in writing at least 48 hours prior to the event.

Dispute Resolution:
– – Any dispute of the invoice must be specified in writing within 2 weeks after the event. If no issues are raised within 2 weeks after the event, the client is 100% responsible for paying the amount listed on the invoice and subject to any specified late fees.
– – If the client is unhappy with one or more of the staff’s performances and does not believe the gratuity was earned, the client may request in writing to have that staff’s gratuity charge removed from their bill.

Contract Subject to Change:
– – This contract is subject to change, and TWST is free from any financial or legal obligation if the client believes an appropriate service has not been provided. Any concerns will be handled on a case-by-case basis.