Terms of Service

By accessing or using the Big Joe's Tacos & Catering mobile application or website at https://app.bigjoestacoscatering.com (the "App"), submitting a booking inquiry, or engaging with any service offered by Big Joe's Tacos & Catering ("Company," "we," "our," or "us"), you ("User," "you," or "Customer") agree to be fully bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must immediately discontinue use of the App and our services.

These Terms apply to all visitors, users, and any other person who accesses or uses the App or our catering services. Use of the App by a minor requires the consent of a parent or legal guardian who agrees to be bound by these Terms on the minor's behalf.

Big Joe's Tacos & Catering provides on-site staffed catering, drop-off food service, and buffet-style catering for private and corporate events in Santa Barbara, California and surrounding areas. The App allows users to submit catering inquiries, browse menus, view pricing information, and leave reviews.

Submission of a booking request through the App does not constitute a confirmed booking, a binding contract, or any guarantee of service availability. A catering agreement is only formed upon explicit written or verbal confirmation by an authorized representative of Big Joe's Tacos & Catering.

YOU ACKNOWLEDGE AND AGREE THAT:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BIG JOE'S TACOS & CATERING, ITS OWNERS, OPERATORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, AND AFFILIATES (COLLECTIVELY "RELEASED PARTIES") SHALL NOT BE LIABLE FOR ANY:

IN NO EVENT SHALL THE TOTAL LIABILITY OF THE RELEASED PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO BIG JOE'S TACOS & CATERING FOR THE SPECIFIC EVENT OR SERVICE GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

THE APP AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING.

WE DO NOT WARRANT THAT: (A) THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS.

You agree to defend, indemnify, and hold harmless Big Joe's Tacos & Catering and the Released Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

By engaging our services, you acknowledge and agree that:

AGREEMENT TO ARBITRATE. YOU AND BIG JOE'S TACOS & CATERING AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR OUR SERVICES — INCLUDING QUESTIONS ABOUT THE VALIDITY, ENFORCEABILITY, OR SCOPE OF THIS ARBITRATION AGREEMENT — SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

SELECTION OF ARBITRATOR. Big Joe's Tacos & Catering reserves the sole right to select the arbitration service provider from any nationally or regionally recognized arbitration organization, including but not limited to the American Arbitration Association (AAA), JAMS, or any other reputable arbitration service of our choosing. We will notify you of the selected arbitration service in writing prior to commencement of arbitration proceedings.

COSTS AND FEES. Each party shall bear their own attorneys' fees and legal costs. The filing fees and administrative costs of arbitration shall be borne by the party initiating the claim ("claimant"), to the fullest extent permitted by applicable law. If you are the claimant and the arbitrator determines that your claim was frivolous or brought in bad faith, you shall reimburse the Company for all reasonable arbitration costs and attorneys' fees incurred in defending the claim.

LOCATION. Arbitration shall be conducted in Santa Barbara, California, or by telephone/video conference at the Company's discretion.

CLASS ACTION WAIVER. YOU AND BIG JOE'S TACOS & CATERING EACH AGREE THAT ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE-PLAINTIFF, OR SIMILAR PROCEEDING ("CLASS ACTION"). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS ACTION.

EXCEPTIONS. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm. Small claims court actions may also proceed outside of arbitration if the claim qualifies.

OPT-OUT. You may opt out of this arbitration agreement by sending written notice to BigJoesTacos@Gmail.Com within 30 days of first accepting these Terms. Your opt-out will not affect any other provisions of these Terms.

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. For any matters not subject to arbitration, you consent to the exclusive personal jurisdiction of the state and federal courts located in Santa Barbara County, California.

Cancellation policies, deposit terms, and refund conditions are established individually at the time of booking confirmation. Any deposit paid is non-refundable unless the event is cancelled by Big Joe's Tacos & Catering. Cancellations made by the customer within 72 hours of the event date may forfeit the full event balance at our discretion. Any refund disputes are subject to the arbitration process in Section 8.

By submitting a review through the App, you grant Big Joe's Tacos & Catering a non-exclusive, royalty-free, perpetual, worldwide license to use, display, reproduce, and share your review content in any medium for business purposes, including marketing.

You represent and warrant that: (a) you are the sole author of the review; (b) the review is truthful and based on your genuine experience; and (c) the review does not defame, harass, or violate the rights of any person. We reserve the right to remove any review that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

By engaging Big Joe's Tacos & Catering for any event — including but not limited to weddings, receptions, rehearsal dinners, private parties, corporate functions, public gatherings, fundraisers, festivals, or any occasion at which Company personnel are present in a professional capacity (collectively, the "Event") — you (the "Customer") and, to the maximum extent you are legally able, on behalf of all attendees, guests, family members, members of the wedding party, vendors, performers, and minors in your care or supervision (collectively, "Attendees"), grant the Company the rights set forth in this Section. THIS IS A LEGAL RELEASE OF RIGHTS THAT YOU AND YOUR ATTENDEES MIGHT OTHERWISE HAVE.

A. Grant of License. You hereby irrevocably grant to Big Joe's Tacos & Catering, together with its successors, assigns, agents, licensees, sublicensees, marketing partners, and anyone authorized by the Company, a perpetual, worldwide, royalty-free, fully paid-up, sublicensable, transferable, non-exclusive license and right to capture, photograph, film, video record, audio record, livestream, edit, retouch, color-correct, crop, caption, reproduce, modify, create derivative works from, publish, distribute, display, perform, and otherwise use, in any and all media now known or hereafter invented (including without limitation print, digital, broadcast, streaming, social media, paid and organic advertising, packaging, websites, mobile applications, marketing materials, training materials, portfolio works, third-party listing platforms such as Google Business Profile, Yelp, The Knot, WeddingWire, Instagram, Facebook, TikTok, YouTube, X, Pinterest, LinkedIn, and any successor platforms, internal AI/machine-learning datasets used by the Company solely for internal business improvement, and search-engine indexing and crawling) any photographs, video footage, audio recordings, behind-the-scenes footage, or other media (collectively, "Media") that depict, capture, include, or otherwise reference: (i) the food, beverages, plating, presentation, decor, signage, setup, equipment, branding, and service rendered at the Event; (ii) the venue, facilities, and physical surroundings of the Event; and (iii) the names, voices, likenesses, images, performances, statements, conduct, and identifying characteristics of any Attendees who appear in such Media (collectively, the "Likeness Rights").

B. Permitted Uses. Permitted uses of the Media include, without limitation:

C. California Civil Code § 3344 Acknowledgment. You expressly acknowledge and agree that the rights granted in this Section satisfy the prior-consent requirement of California Civil Code § 3344 (right of publicity — name, voice, signature, photograph, and likeness for commercial purposes) and the parallel California common-law right of publicity. You further waive any and all claims under California Civil Code § 3344, § 3344.1 (deceased personalities), Cal. Bus. & Prof. Code § 17200 (unfair competition), and any analogous statute, regulation, or common-law doctrine in any jurisdiction worldwide.

D. Minors. If any Attendee at your Event is under the age of 18, you represent and warrant that you are either the parent or legal guardian of each such minor, or that you have obtained verifiable written authorization from each minor's parent or legal guardian to grant the Likeness Rights on the minor's behalf. You agree to indemnify and hold harmless the Company from any claim, demand, or liability arising from a minor's appearance in the Media, including without limitation any claim under California Family Code § 6750 (minors' contracts) or any analogous law.

E. No Compensation. You acknowledge and agree that the consideration paid by you for catering services constitutes full and adequate consideration for all rights granted in this Section, and that no royalty, residual, fee, model release fee, talent fee, or other compensation of any kind shall be due or payable to you, any Attendee, any heir, or any third party for any past, present, or future use of the Media, in perpetuity.

F. Waiver of Inspection, Approval & Moral Rights. You waive any right to inspect, pre-approve, or be credited in connection with the Media or any use thereof — including without limitation the finished product, copy, captions, edits, music, voiceover, or context in which the Media appears. You further waive any moral rights, droit moral, or rights of attribution or integrity recognized under any law worldwide, including without limitation the federal Visual Artists Rights Act (17 U.S.C. § 106A) and the California Art Preservation Act (Cal. Civ. Code § 987).

G. Pre-Existing & Future Media. This release applies retroactively to any Media captured at any prior event catered by the Company before the Effective Date of these Terms, and prospectively to any Media captured at any future Event. Media on file as of the Effective Date is deemed to be covered by this release.

H. Third-Party Photographers, Videographers & Vendors. If a third-party photographer, videographer, planner, venue, or other vendor captures Media at your Event that depicts our food, beverages, plating, presentation, equipment, branding, signage, vehicles, or staff, you agree to use commercially reasonable efforts to secure for the Company a sublicensable license consistent with this Section, or to identify the third party so that we may negotiate such a license directly. You will not assert, and you waive, any claim against the Company for our use of Media we lawfully obtain from such third parties, from publicly available sources, or from social media posts in which we are tagged.

I. Privacy & California Consumer Privacy Act (CCPA/CPRA) Disclosure. Use of the Media is conducted in accordance with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively "CCPA/CPRA"), and our Privacy Policy. The Media is not "sold" or "shared" for cross-context behavioral advertising as those terms are defined under Cal. Civ. Code § 1798.140. We do not use the Media for biometric identification, automated decision-making producing legal effects, or processing of "sensitive personal information" as defined under the CCPA/CPRA. You may exercise your CCPA/CPRA rights (right to know, right to delete with the limitations in Subsection J below, right to correct, right to limit, and right to non-discrimination) by contacting us at the address in Section 17.

J. Limited Right of Withdrawal. Notwithstanding the perpetual nature of the license granted herein, you (or any identified Attendee whose likeness appears in the Media) may submit a written request to BigJoesTacos@Gmail.Com identifying with reasonable specificity any individual piece of Media you wish to have removed from forward-facing platforms directly controlled by the Company (for example, this website, our mobile application, and our official social-media accounts). We will use commercially reasonable efforts to remove such Media from those Company-controlled platforms within thirty (30) days of receipt of a valid request. The Company is under no obligation to: (i) recall, retract, alter, or destroy Media that has already been printed, distributed, broadcast, syndicated, embedded, downloaded, screenshotted, archived, scraped, ingested by AI systems, indexed by search engines, reposted by third parties, or otherwise disseminated outside our direct control; (ii) remove Media used in pending or actively-running advertising campaigns until the natural completion of the campaign cycle; (iii) compensate you for any prior or ongoing use; (iv) destroy underlying raw files, project files, or backups; or (v) honor a withdrawal request that, in our reasonable judgment, is frivolous, made in bad faith, or seeks to retroactively reverse a previously executed release.

K. Release of Claims. You hereby release, acquit, discharge, and hold harmless Big Joe's Tacos & Catering and the Released Parties (as defined in Section 4) from any and all claims, demands, causes of action, damages, costs, expenses, attorneys' fees, and liabilities of any kind, whether known or unknown, suspected or unsuspected, foreseen or unforeseen, arising from or related to the capture, retention, or use of the Media — including without limitation claims for invasion of privacy, intrusion upon seclusion, public disclosure of private facts, false light, defamation, libel, slander, misappropriation of name or likeness, right of publicity, copyright infringement, trademark infringement, intentional or negligent infliction of emotional distress, unfair competition, or any other tort or statutory claim.

L. Express California Civil Code § 1542 Waiver. You expressly waive any and all rights and benefits conferred upon you by California Civil Code § 1542, which reads in full as follows:

You understand and acknowledge that this Section 12 is intended to release all claims, including those that you do not currently know or suspect to exist in your favor. You assume all risk of any mistake of fact in connection with this release.

M. Severability of This Section. If any portion of this Section 12 is held to be unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the unenforceable portion shall be modified to the minimum extent necessary to render it enforceable while preserving the parties' original intent.

N. Acceptance. Your booking confirmation, your payment of any deposit or balance, your presence (or the presence of any Attendee in your party) at an Event we cater, your continued use of the App, or any written acknowledgment via email or text message constitutes your full and binding acceptance of this Section 12 on behalf of yourself and all Attendees. If you do not agree to this release, you must notify us in writing prior to the Event and the Company reserves the right to (i) decline to provide service or (ii) condition service on alternative terms.

Big Joe's Tacos & Catering reserves the right to refuse, cancel, or terminate service to any person or entity at our sole discretion, for any lawful reason, including but not limited to threatening or abusive behavior, fraudulent booking inquiries, or violation of these Terms.

All content on the App — including but not limited to text, images, graphics, logos, menu items, recipes, and software — is the exclusive property of Big Joe's Tacos & Catering or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works without our express written consent.

If any provision of these Terms is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Big Joe's Tacos & Catering regarding your use of the App and our services, and supersede all prior agreements or understandings.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the effective date and posting the revised Terms in the App. Your continued use of the App after changes are posted constitutes acceptance of the updated Terms.

For questions about these Terms or to submit a legal notice, contact us at: