Online Ordering Terms & Conditions

Payment Terms

Final payment is due in full on the day of the event.

Payments to Radish can be made via check (made out to The Fire Society LLC (dba Radish), credit card or wire transfer. Any payments received via credit card will be charged a 3% convenience fee. When paying by credit card, cards will be charged automatically on the event date.

Finance Charges

Final payment is required in full on the day of the event. If payment is not received in full, late charges at .8333% interest per month (10% per year) will be imposed on the unpaid balance after 15-days. Balances past 90-days due will be charged 3% per month and may be referred to third party collection proceedings. The attorney's fees and costs incurred by these collection proceedings are the sole responsibility of the client and by signing this contract the client agrees to these terms.

Final Guest Count & Menu

All orders, and all changes to orders, are due 6 business days prior to the event (the “Cutoff” date). After this Cutoff date, new orders may not be created online, and existing orders cannot be changed online. You may reach out to a Radish Event Planner to discuss the possibility of making changes to your order, but ability to make changes cannot be guaranteed, and in no case will changes made after this Cutoff date result in decreases to the total amount due..

Cancellation Policy

Should Client cancel the event after the Cutoff date, the following cancellation fees will apply

In the event the Client cancels the event 4 to 6 business days prior to the event, a 50% cancellation fee will apply, and will be charged immediately upon cancellation.

In the event the Client cancels the event 0 to 3 business days prior to the event, 100% of the event total will be charged immediately upon cancellation.

In the event Radish terminates this agreement or is otherwise unable to provide the services for any reason, except for a Force Majeure event, the Client will not be charged. Radish shall have no future obligation to perform under the Agreement. Radish shall have no additional liability to Client with respect to this agreement.

Excused Non-Performance

If for any reason beyond its reasonable control, either party hereto is unable to perform its obligations under this agreement, ("Force Majeure"), such non-performance is excused and such party may terminate the agreement without further liability beyond the cancellation fee obligations listed above. The term Force Majeure shall include, without limitation, acts of God, act of war, epidemics, diseases, quarantines, shelter in place orders or other public health emergencies, accidents, government requisitions, storms or other similar occurrences or work stoppages.

Indemnification

Each party hereto shall indemnify, defend and hold harmless the other and its affiliates and their successors, assigns, officers, directors, owners, partners, employees, guests and agents (each an "Indemnitee") against all claims, actions, losses, damages, liability and related expenses (including reasonable attorney's fees). "Losses" resulting from any claim or action by a third party arising from or connected with the event to the extend by, (i) the negligence or willful misconduct or error or omission of the indemnifying party or its personnel, (ii) breach of this contract by the indemnifying party, or (iii) death and bodily injury caused by the indemnifying party or its personnel. The indemnifying party shall have the right to conduct the defense of any claim or actin and consistent with the Indemnitee's rights hereunder, all negotiations for settlement, provided that the Indemnitee may participate in such defense/negotiations to protect its interests. Any settlement entered into by the indemnifying party shall be for payment of money by the indemnifying party and such settlement shall not obligate or otherwise affect the Indemnitee in any way.

NEITHER PARTY HERETO SHALL BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, PROVIDED THE FOREGOING LIMITATIONS SHALL NOT APPLY TO (I) INDEMNIFICATION OBLIGATIONS OR (II) GROSS NEGLIGENCE/WILLFUL MISCONDUCT OF A PARTY.

Limitation of Liability

In no event will either party be liable to the other party for any consequential, indirect, exemplary, special or incidental damages, including any lost profits, arising from or relating to this agreement even if such party has been advised of the possibility of such damages. Radish’s total cumulative liability in connection with this agreement, whether in contract or in tort or otherwise, shall not exceed the amount of money paid by you to Radish under this agreement in the three months preceding any claim giving rise to any such liability.

Food Safety, Allergens and Dietary Restrictions

Radish takes allergies and dietary restrictions incredibly seriously. However, unless specifically requested, we do not cater to specific allergy or dietary restrictions. Additionally, our food is produced in a facility that processes tree nuts, dairy, wheat, etc., and contains ingredients that may cause an allergic reaction in those allergic to specific ingredients.

Perishable food delivered by Radish, without Radish staff present, is considered edible and safe for 3 hours after the delivery time. Radish will have no liability for food safety issues in situations wherein Radish food was consumed more than 3 hours after the delivery time.

Outside Food Provided by Client

If Client provides food at an event that has been prepared by outside individuals or vendors other the Radish, the Client must assume all risks associated with the contents, preparation, refrigeration, holding and service of the food items being provided by individuals or vendors other than My Radish, Inc (Radish), including matters of health and safety associated thereof.

Safe Environment:

Client understands that Radish works to maintain a safe work environment for client, guests, and employees, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). Client further understands and agrees that Radish shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or Radish's participation in the Event would violate a Governmental Order.

Client also understands and agrees that Radish is not obligated to continue to perform under this Agreement if Radish , at its sole discretion, deems that the personal safety or well-being of Radish employees, contractors or agents has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue for the Event, or the conduct of attendees of the Event.

Governing Law and Venue

This agreement shall be governed by the laws of the State of California. The agreed venue for all disputes and legal proceedings shall be San Francisco County, California.

Severability

If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this agreement shall remain in full force and effect. Such court shall have the authority to modify or replace the invalid or unenforceable provision with one that most accurately represents the parties' intention with respect to the invalid or unenforceable provision.

Entire Agreement

This agreement incorporates the entire understanding of the parties hereto with regard to the event outlined herein. Any modifications of this agreement must be in writing and signed by both parties hereto.

Execution

By placing an order online, the Client certifies that they have read this agreement in its entirety and agree to all its terms.