Is this Catering request reasonable?

I could be wrong but that sounds sketchy to me.

That sounds kind of sketchy to me, too. Unless your contract is weird and has specific dates for payments, like, "$2,000.00 by June 15, 2020," instead of the more typical, "$2,000.00 six weeks prior to the event." The final payments for all of our vendors are now due 2 weeks or a month before the new date.

That sounds very sketchy to me. I'd consider giving up the $500 deposit and finding a new caterer

First thing you need to do is review the contract that governs the catering supply and see what you are actually obligated to do. If you only needed to supply a one off deposit and then pay the remaining balance in full closer to the date, then you’re fine and they’re trying to pull a sketchy unilateral (one sided) variation.


In the worst case scenario that they are actually entitled to ask for a second deposit, ask that the force majeure clause (the condition that frees you from the contract if something if beyond your control happens - the ‘act of god’ clause) be amended to have wording to the effect that you will be entitled to a refund of monies if an act of god, pandemic, epidemic, or health crisis occurs resulting in the inability of the parties to fulfill their obligations. They will need to consent to such a variation to the contract so just explain to them that given what is happening and that their store is presently closed you have a genuine concern regarding the risk of the contract.

I would have them amend it to include specific instances such as “pandemic or venue closure” in addition to “an act of God” (act of God is very vague). I would also add a clause about the deposit being refunded if they are unable to perform the services for any reason (like them being closed)

They don't get to just ask for payment whenever they want it. The payment schedule is dependent on the contract. I would look at your contract and see what it says for payment schedule and follow that. The bigger problem here is that even if you wait and plan to pay closer, there is still the possibility that they go out of business. While you'd only lose the $500, you'd be out of a caterer for a season that's booking up very quickly. Personally, I wouldn't pay anything that's not on the contract and I'd start getting quotes from other caterers with large companies that you're more confident won't go under.

Actually, the first question is - does the CURRENT contract allow for rescheduling? If it does, then the terms stated for rescheduling should be followed.

If the venue is allowing you to reschedule where the contract language doesn't permit rescheduling, then they are doing you a favor by releasing you from the current terms. By allowing the rescheduling (if it wasn't expressly dealt with in the original contract) then this becomes a brand new contract, one in which they can ask for more money in order to hold the date for you.

That's a big deposit. When is your next payment due for them? At the earliest, that's when they should make that new deposit due

How long has the caterer been in business? If they have been around a long time and are well established, I'd feel more comfortable leaving a deposit.

My caterer has $3500 so far for what will probably be close to $8000 depending on final guest count, etc. $2000 down plus first payment of $1500....

Like you, we may be postponing our July 12 reception - tbd. BUT, they are not asking me for any money right now because everything is so up in the air. And any payments will be postponed until closer to rescheduled reception date, if that's what we end up doing.

I disagree with some of the PPs and think I can understand where the caterer is coming from. I’m sure they just want to secure some down payment (I think $500 is definitely small for a $9,000 order) in the event you reschedule again. My venue/caterer made me pay 4 installments of the total so for that contract price, $2k sounds about right (maybe slightly high but not unreasonably so) and my contract started about a year out from the event so I don’t think that’s atypical. You may not be obligated to pay what they’re asking but they may decline to reschedule and keep your $500– but that will depend on your current contract or agreement.

View Quoted Comment She did include an act of god. We are worried that if her business fails and she will keep the money.

View Quoted Comment They are a pretty well established place with a restaurant but they have literally been closed and I don’t know if they are planning to reopen this year.