Catering Services Agreement - Template, Sample Form Pro · EN-CA-law
✓ Valid in Canada (English) · drafted to comply with local law
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CATERING SERVICES AGREEMENT
Effective Date: ________
This Catering Services Agreement (the "Agreement") is entered into as of the Effective Date set out above by and between the following parties:
________, a corporation incorporated under the laws of ________, having its registered office at ________ (the "Caterer");
AND
________, a corporation incorporated under the laws of ________, having its registered office at ________ (the "Customer").
The Customer and the Caterer may be referred to individually as a "Party" and collectively as the "Parties".
This Agreement is entered into in the Province/Territory of ________.
RECITALS
WHEREAS the Customer wishes to retain a caterer to provide certain catering services (as defined below);
AND WHEREAS the Caterer has the skills, qualifications, licences and expertise required to provide the Catering Services to the Customer;
AND WHEREAS the Caterer wishes to provide such Catering Services to the Customer on the terms and conditions set out herein;
NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the Parties agree as follows:
ARTICLE I — DEFINITIONS
In this Agreement, unless the context otherwise requires:
1.1 "Event" means the specific event at which the Caterer will provide the Catering Services, as described in the Event Details.
1.2 "Catering Services" means the following services that the Caterer will provide to the Customer under the terms of this Agreement:
________
1.3 "Event Details" means the following particulars of the Event:
Type of event: ________
Date of the event: ________
Time of the event: ________
Event address: ________
Number of persons: ________
1.4 "Fee" means the payment that the Customer will make for the provision of the Catering Services, being ________ dollars (CAD $________) per person, exclusive of applicable taxes.
ARTICLE II — ENGAGEMENT
2.1 Subject to the terms and conditions of this Agreement, the Caterer agrees to provide the Catering Services to the Customer at the Event in accordance with the Event Details, and the Customer agrees to pay the Caterer the Fee and any other amounts payable for the Catering Services.
ARTICLE III — MENU
3.1 The menu to be served by the Caterer is as follows (the "Menu"):
________
3.2 The Caterer may make minor substitutions to the Menu where particular ingredients cannot be obtained after reasonable efforts, provided that any substituted item is of comparable quality and the Caterer uses reasonable efforts to notify the Customer in advance.
ARTICLE IV — STAFF AND PERSONNEL
4.1 The Caterer shall use only the following staff or employees to assist in the provision of the Catering Services, to the extent that such persons are approved and accepted by the Customer (such approval not to be unreasonably withheld):
________
4.2 The Caterer is solely responsible for the recruitment, supervision, remuneration, source deductions, and statutory obligations (including those under applicable employment standards, workers' compensation and occupational health and safety legislation) in respect of its staff and employees.
ARTICLE V — FEES AND PAYMENT
The Customer agrees to pay the Caterer the Fee and other amounts due for the Catering Services, subject to the following conditions:
5.1 Deposit. A non-refundable deposit is due upon execution of this Agreement in the amount of ________ dollars (CAD $________), which shall be credited against the total amount payable.
5.2 Payment due. Payment of the balance is due as follows:
________
5.3 Method of payment. The Caterer accepts the following methods of payment:
________
5.4 Late payment. Any amount not paid when due shall bear interest at the rate of ________% per annum, calculated and compounded monthly from the due date until payment in full, subject to applicable law.
5.5 Expenses. The Caterer is entitled to charge all reasonable and necessary fees and expenses incurred in connection with the Catering Services, including, without limitation, travel, the cost of ingredients, rentals, and other reasonably incurred disbursements, where agreed in writing with the Customer.
5.6 Taxes. All charges payable under this Agreement are exclusive of all applicable taxes, including the Goods and Services Tax/Harmonized Sales Tax and any applicable provincial sales tax, which shall be added to the amounts payable and paid by the Customer. Each Party remains responsible for its own income and other taxes imposed on it by law.
ARTICLE VI — FLUCTUATION OF COSTS
6.1 The Customer acknowledges that the cost of menu items and ingredients may fluctuate. If costs fluctuate materially such that performance is no longer commercially viable for the Caterer, the Caterer may, upon written notice to the Customer and with the Customer's prior written consent:
(a) charge the Customer for the reasonable additional documented costs; or
(b) substitute affected menu items with items of comparable quality.
ARTICLE VII — CHANGES
7.1 Changes to the number of guests, requested dishes, dates or locations must be requested in writing no later than the following deadline prior to the Event: ________. Any change requested after this deadline is subject to acceptance by the Caterer and to the following penalty:
________
ARTICLE VIII — CANCELLATION
8.1 If the Customer cancels this Agreement after its execution through no fault of the Caterer, the Caterer is entitled to retain or recover the following amounts, which the Parties agree represent a genuine pre-estimate of the Caterer's loss and not a penalty:
(a) if the Customer cancels more than fourteen (14) but within thirty (30) days prior to the Event, a fee of twenty-five percent (25%) of the total contract price;
(b) if the Customer cancels more than seven (7) but within fourteen (14) days prior to the Event, a fee of fifty percent (50%) of the total contract price;
(c) if the Customer cancels within seven (7) days prior to the Event, the full total contract price.
8.2 All cancellation amounts are in addition to, and shall give credit for, any non-refundable deposit already paid.
ARTICLE IX — REGULATORY COMPLIANCE
ARTICLE X — REPRESENTATIONS AND WARRANTIES
10.1 The Caterer represents and warrants that it shall perform the Catering Services with the reasonable care, skill and diligence of a competent caterer in its field.
10.2 The Caterer warrants that it shall comply with all laws and regulations governing the safety, handling and preparation of food, and that it holds the appropriate licences and permits issued by the applicable provincial, territorial and local authorities.
10.3 The Caterer warrants that it shall use fresh, good-quality ingredients.
10.4 The Caterer shall plate and present all food items in a professional and appealing manner.
10.5 The Caterer's personnel shall wear proper attire and maintain a professional demeanour at all times during the Event.
10.6 The Caterer shall use reasonable efforts to accommodate dietary restrictions and allergies communicated to it in writing by the Customer in advance, provided that the Caterer cannot guarantee an allergen-free environment.
ARTICLE XI — LIMITATION OF LIABILITY
11.1 Except in the case of death or bodily injury caused by a Party's negligence, or a Party's fraud or wilful misconduct, the aggregate liability of either Party arising out of or in connection with this Agreement, whether in contract, tort, breach of statutory duty or otherwise, shall not exceed the total Fees paid by the Customer to the Caterer under this Agreement.
11.2 To the extent permitted by law, neither Party shall be liable to the other, whether in contract, tort, negligence, breach of statutory duty or otherwise, for any indirect, incidental, special or consequential loss, damage, cost or expense of any nature, including, without limitation, economic loss, loss of data, loss of goodwill or loss of revenue, profit or business.
ARTICLE XII — INDEMNIFICATION
12.2 The Caterer shall indemnify, defend and hold harmless the Customer and its officers, directors, employees, agents and representatives from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with the Caterer's breach of this Agreement or the negligence or wilful misconduct of the Caterer in the provision of the Catering Services.
ARTICLE XIII — INSURANCE
13.1 The Caterer shall, throughout the term of this Agreement, maintain at its own expense commercial general liability insurance with a limit of not less than CAD $________ per occurrence, together with all coverages required by law, and shall provide evidence of such insurance to the Customer upon request.
ARTICLE XIV — TERM AND TERMINATION
14.1 This Agreement shall commence on the Effective Date and continue in full force and effect until completion of the Catering Services for the Event, unless earlier terminated in accordance with its provisions.
14.2 Either Party may terminate this Agreement upon written notice if the other Party materially breaches any term of this Agreement and fails to remedy such breach within ________ days after receiving written notice of the breach.
14.3 Either Party may terminate this Agreement immediately upon written notice if the other Party becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy or insolvency proceedings.
14.4 In the event of cancellation by the Customer, the provisions of Article VIII (Cancellation) shall apply.
14.5 Any provision of this Agreement which, by its nature, is intended to survive termination, including, without limitation, provisions relating to payment, limitation of liability, indemnification and insurance, shall survive the termination or expiry of this Agreement.
ARTICLE XV — RELATIONSHIP OF THE PARTIES
15.1 The Parties acknowledge and agree that nothing in this Agreement constitutes a partnership, joint venture, agency or employment relationship between them, and that the sole purpose of this Agreement is the provision of the Catering Services by the Caterer to the Customer. The Caterer is an independent contractor.
ARTICLE XVI — GENERAL PROVISIONS
16.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province/Territory of ________ and the federal laws of Canada applicable therein. The Parties irrevocably attorn to the exclusive jurisdiction of the courts of that Province/Territory.
16.2 Language. The Parties have requested that this Agreement and all related documents be drawn up in English. Les parties ont demandé que la présente convention et tous les documents s'y rapportant soient rédigés en anglais.
16.3 Assignment. Neither Party may assign, transfer or otherwise dispose of this Agreement or any rights hereunder, in whole or in part, without the prior written consent of the other Party.
16.4 Amendments. This Agreement may be amended only by a written instrument signed by both Parties.
16.5 No Waiver. No term or condition of this Agreement shall be deemed waived by any act or acquiescence of a Party. A waiver is effective only if made in writing. No waiver of any term shall constitute a waiver of any other term or of the same term at any later date. The failure of either Party to enforce any provision shall not constitute a waiver of that or any other provision.
16.6 Severability. If any provision of this Agreement is held to be invalid or unenforceable, it shall be severed or read down to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
16.7 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, whether written or oral, relating to its subject matter.
16.8 Headings. Headings are for convenience of reference only and shall not affect the construction of this Agreement.
16.9 Counterparts. This Agreement may be executed in counterparts, including by electronic signature and electronic transmission, each of which shall be deemed an original and all of which together constitute one and the same agreement.
16.10 Force Majeure. Neither Party shall be liable for any failure or delay in performance (other than the obligation to pay amounts due) caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, public health emergencies, governmental orders, acts of civil or military authority, riots and embargoes.
16.11 Notices. Any notice under this Agreement shall be in writing and sent by first-class mail, airmail or electronic mail to the address of the applicable Party set out at the head of this Agreement, or to the electronic mail address set out below, or to such other address as a Party may notify the other from time to time. The contact details of the Parties are:
Caterer: ________
Customer: ________
16.12 Notices shall be deemed received three (3) business days after mailing (domestic first-class mail), seven (7) business days after mailing (airmail), or on the next business day after sending (electronic mail). To prove that a notice was sent, it is sufficient to prove that the envelope was properly addressed and mailed, or that the electronic mail was properly addressed and sent without notification of delivery failure.
EXECUTION
The Parties have executed this Agreement as of the Effective Date.
CATERER: ________
Per (authorized signature): _________________________________
Name: ________
Title: ________
Date: ________
I have authority to bind the corporation.
CUSTOMER: ________
Per (authorized signature): _________________________________
Name: ________
Title: ________
Date: ________
I have authority to bind the corporation.
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