Catering Deposit Terms You Can Write in an Email

How to set a catering deposit, a cancellation window, and a headcount deadline in plain language — in the confirmation email, without a lawyer.

A client books you for 120 people on a Saturday. You order the lamb Thursday, bring in two extra hands, rent chafers. Friday afternoon the phone rings: the event is off, sorry, can we get the deposit back. If nothing was ever written down, you are now negotiating from zero with someone who is embarrassed and wants to feel okay about it. You will probably give the money back, and you will eat the lamb.

The fix is not a contract drafted by a lawyer. For most catering orders a restaurant takes, the fix is four short paragraphs in the confirmation email, sent before you spend a dollar, and a one-line reply from the client saying "confirmed." That is the whole system. Here is what goes in it.

Why the email is usually enough

An agreement does not need letterhead. What matters, when there is a disagreement, is whether both sides clearly said the same thing and one of them relied on it. An email where you lay out the price, the deposit, the cancellation window and the headcount deadline, followed by the client writing back to approve it, is a record of exactly that. It is far stronger than a verbal "we'll sort it out."

It is also stronger socially, which is what actually settles most of these. Nine times out of ten the client is not trying to stiff you. They just do not know the rules. When you can forward the email they approved and say "here's what we agreed, here's what I already bought," the conversation ends in two minutes instead of two weeks.

None of this is legal advice, and further down there is a short list of jobs where you should pay a lawyer for an hour of their time. But for a corporate lunch, a 60-person retirement party, or a holiday tray order, the email is the right tool.

Pick the deposit from your out-of-pocket cost

Do not pick a percentage because it sounds reasonable. Pick it by answering one question: if this cancels the day before, what have I already spent that I cannot get back?

Add up the specialty food you have to order in, anything with a short shelf life, rentals, delivery costs, and the extra labour you scheduled and cannot un-schedule on short notice. Your deposit should cover that number comfortably. In practice most kitchens land somewhere between a quarter and half of the order total. Lower for a straightforward tray order of things you sell every day. Higher for a menu built for one client, or an event that blocks your kitchen on a Saturday night you could have sold twice over.

Take the deposit at booking, not the week of. The deposit's job is to make the date real. A date that costs nothing to hold is not held.

Write the cancellation window around when you spend money

The mistake is picking a round number like "72 hours" with no relationship to your kitchen. Work backwards from your purchasing. If you place the order with your supplier on Wednesday for a Saturday event, your window turns on Wednesday morning, not Thursday night.

Three tiers is enough:

  • Cancel before you buy anything. Deposit comes back, minus nothing, or you hold it as credit toward a future date. Be generous here — it costs you nothing and it keeps the relationship.
  • Cancel after you have ordered food and scheduled staff. You keep the deposit. That is what it was for.
  • Cancel inside 48 hours, or no-show on the day. Full balance is due. For a large event this is the only tier that protects you, because by then the food is prepped and the shift is staffed.

Say the tiers in days, tied to the event date, so there is no arguing about what time the clock started.

Set a final headcount deadline and name the consequence

Headcount drift is the quiet killer. The client books 100, calls Friday to say "actually it's more like 70," and you have already produced for 100.

Set the deadline at the same point your supplier order goes in. Then state both directions clearly:

  • The number confirmed on the deadline is the number you cook and the number you bill. Drops after that do not reduce the invoice.
  • Increases after the deadline are best effort, and may be limited by what you can source. Price them at the same per-head rate so nobody thinks you are penalising growth.

This one paragraph prevents more lost money than the deposit does, because headcount shrinkage happens on nearly every event and outright cancellation is rare.

What the email actually looks like

Keep it under a screen. Something like this:

Thanks for confirming Saturday, March 8. Here are the details so we're both working from the same page.

120 guests, buffet service, delivery and setup at 11:30am, pickup of equipment by 4:00pm. Total $X before HST, plus a 10% delivery and setup charge.

Deposit: 35% ($X) due to hold the date. The balance is due the day of the event, by card or e-transfer.

Final headcount: due by 12:00pm on Wednesday, March 5. That's the number we cook and the number we invoice. We can usually add guests after that but can't guarantee it, and we can't reduce the count once we've ordered.

If you need to cancel: more than 7 days out, the deposit comes back in full or we hold it as credit. Inside 7 days, we keep the deposit because the food is ordered and staff are booked. Inside 48 hours, the full balance is due.

Reply "confirmed" and I'll lock it in.

That is it. No defined terms, no "heretofore." Anyone can read it in forty seconds, which is the point — terms people skim are terms people later dispute.

The details that cause fights later

While you are writing it, pin down the things that turn into awkward phone calls on the day:

  • Allergies and dietary counts, due at the same time as the headcount. Not "a few vegetarians" — a number.
  • Delivery window and site access. Loading dock, elevator, who meets you, a phone number for someone who will actually answer.
  • Equipment. What you are leaving, when you are collecting it, what happens if a chafer disappears.
  • Service charge versus gratuity. If you add a delivery or setup charge, say plainly that it is not a tip to staff. People assume it is.
  • Taxes. Quote before HST or after, but say which.

When you do want a lawyer

Step up to a real contract when the downside stops being an annoying week and starts being a bad month. Weddings, where the emotional stakes make disputes ugly. Events at a venue that requires insurance certificates or indemnity language. Anything involving alcohol service. Corporate clients who send you their own procurement terms — read those, because net-60 payment and unlimited cancellation rights hide in there. And any standing account where you will be invoicing the same client every month.

One hour with a lawyer to produce a reusable event agreement is worth it once you are doing events regularly. Until then, the email beats nothing by a mile.

Make it a two-minute habit

Save the email as a template so you are filling in blanks, not composing. Send it the same day you get the enquiry — slow replies are how catering orders get lost in the first place. Collect the deposit with a payment link in that same email rather than waiting on an e-transfer that arrives Thursday; the less friction between "confirmed" and money landing, the fewer dates you hold for free. If you are already taking online orders and payments through your own site, a deposit is just another payment link, and the booking, the terms and the money all sit in one place.

Track every confirmed event in one calendar with the headcount deadline marked as its own entry. The deadline is the thing you will forget, and it is the thing doing the work.

Common questions

What percentage should I charge as a catering deposit?
Base it on what you will spend before the event and cannot recover — specialty food, rentals, extra labour. Most kitchens land between 25% and 50% of the order total, higher for custom menus or dates that block a busy service.
Is a deposit policy in an email legally binding?
An email where you clearly state the terms and the client replies to approve them is a solid record of what both sides agreed, and it resolves nearly every dispute at this size. For weddings, venue contracts, alcohol service, or corporate procurement terms, get a lawyer to write a reusable agreement.
What do I do when a client drops the headcount after the deadline?
You bill the confirmed number, because that is what you bought and prepped for. Say this in the confirmation email before you take the deposit so it is a rule they already agreed to, not a penalty you invented on the day.
Should I ever refund a catering deposit?
Yes — if they cancel before you have ordered food or scheduled staff, refund it in full or hold it as credit. It costs you nothing and it keeps a customer who will book again.