Catering Services Agreement - Template, Sample Form
✓ Valid in Canada (English)
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CATERING SERVICES AGREEMENT
Effective Date: ________
This Catering Services Agreement (hereinafter referred to as the "Agreement"), is entered into by and between the following parties:
________,
a Corporation incorporated under the laws of Canada
AND
________
a Corporation incorporated under the laws of Canada
Customer and Caterer may be referred to individually as a "Party" and collectively as the "Parties".
This Agreement is made in the following Canadian province or territory: Alberta.
PREAMBLE
WHEREAS the Customer wishes to retain the services of a caterer to provide certain catering services (as defined below);
AND WHEREAS the Caterer has the skills, qualifications, and expertise required to provide the catering services to the Customer;
AND WHEREAS the Caterer wishes to provide such catering services to the Customer;
NOW THEREFORE, in consideration of the promises and covenants contained herein, as well as other valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties agree as follows:
Article I - DEFINITIONS
As used in this Agreement
A) The term "Event" is used to refer to the next specific event at which the Caterer will provide catering services.
B) The term "Catering Services" is used to refer to the following specific services that the Caterer will provide to the Customer under the terms and conditions set forth herein:
________
C) The term "Event Details" is used to refer to the following specific details regarding the Event:
Type of event: ________
Date of the event: ________
Time of the event: ________
Event address: ________
Number of persons: ________
D) The term "fee" is used to refer to the payment that Customer will make for the provision of the Catering Services. Specifically, the fees are as follows: ________ ($________) per person.
Article II - AGREEMENT
Subject to the terms and conditions of this Agreement, Caterer agrees to provide catering services to Customer, during the event described in this document, using all details of the event as instructed and Customer agrees to pay Caterer the required fee for the catering services.
Article III - MENU
The menu served by the Caterer is as follows ("Menu"):
________
The Caterer is allowed to make small changes to the menu if the ingredients cannot be found after reasonable efforts.
Article IV - STAFF OR EMPLOYEES
The Caterer will only use the following staff or employees to assist in the provision of catering services, to the extent that such persons are approved and accepted by the Customer:
________
Article V - RATES
The Customer agrees to pay the Caterer the required fees, as defined in this contract, for the catering services, subject to the following conditions:
A) Deposit. The amount of the deposit due for catering services is:
________ ($________)
B) Payment due. Payment is due as follows:
________
C) Method of payment. The Caterer accepts the following methods of payment:
________
D) Expenses. The Caterer is entitled to charge all reasonable and necessary fees and expenses incurred in connection with the Catering Services, including, but not limited to, travel and photocopying expenses, cost of ingredients, and other reasonably incurred disbursements.
E) Taxes. All charges payable under this Agreement are exclusive of any taxes, surcharges or other amounts imposed by provincial or federal governments. Taxes imposed or to be paid by Customer or Caterer are the sole and exclusive responsibility of each party. Sales taxes may apply in addition to any fees charged hereunder.
Article VI - FLUCTUATION OF COSTS
The Customer understands and acknowledges that the cost of menu items and ingredients may fluctuate. If costs fluctuate to the point that it is no longer profitable for the Caterer to undertake this work, the Customer agrees that the Caterer may:
A) Cover any additional costs; or
B) Replace the other menu items.
Article VII - CHANGES
Changes to the number of guest-requested dishes, dates or locations must be made no later than the following deadline prior to the event: ________. Any changes made after this deadline will be subject to a penalty as follows:
________
Article VIII - CANCELLATION
If the Customer decides to cancel after the execution of this contract through no fault of the Caterer, the Caterer is entitled to the following:
1. If the Customer cancels within 30 days prior to the event, the Customer will pay a fee of 25% of the total cost.
2. If the Customer cancels within 14 days prior to the event, the Customer will pay a fee of 50% of the total cost.
3. If the Customer cancels within 7 days of the event, the Customer will pay the full cost as provided in this agreement.
Article IX - COMPLIANCE
The Caterer must comply with all provincial and federal laws regarding food preparation and service, including health and safety laws, food preparation, food protection, hygiene, sanitation, health inspection, hazards, and more.
Article X - WARRANTIES
The Caterer represents and warrants that it will perform the catering services with the care and skill that is reasonable for a caterer in its field.
The Caterer warrants that it will comply with all laws and regulations governing the safety, handling, and preparation of food, including possessing the appropirate licenses and permits by Provincial/ Territorial and local authorities.
The Caterer warrants that it will use fresh, high quality ingredients.
The Caterer shall ensure to plate all food items in a professional and appealing manner.
The Caterer will ensure to wear proper attire and shall further ensure to maintain an appropriate and professional demeanour.
The Catere warrants that they will accomodate any dietary restrictions communicated by the Customer.
Article XI - LIMITATION OF LIABILITY
Except in the event of death or bodily injury caused by the negligence of one of the parties, the contractual, tortious, or other liability of either party, arising from this contract or the performance of the obligations hereunder, is limited to the fees paid by the Customer to the Caterer.
To the extent permitted by law, neither party shall be liable to the other party, whether in contract, tort, negligence, breach of statutory duty, or otherwise, for any loss, damage, cost or expense of any nature whatsoever incurred or suffered by such other parties, whether indirect or consequential, including, without limitation, economic loss, loss of data, loss of goodwill or other loss of revenue, profit or business.
Article XII - INDEMNIFICATION
The Customer agrees to indemnify, defend, and hold harmless the Caterer 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 Customer's breach of this Agreement, the negligence or wilful misconduct of the Customer, or any acts or omissions of the Customer's guests or invitees at the Event.
The Caterer agrees to 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 -TERM AND TERMINATION
This Agreement shall commence on the Effective Date and shall continue in full force and effect until the completion of the Catering Services for the Event, unless earlier terminated in accordance with the provisions of this Agreement.
Either party may terminate this Agreement upon written notice to the other party if the other party materially breaches any term or condition of this Agreement and fails to remedy such breach within a reasonable period after receiving written notice of the breach.
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.
In the event of cancellation by the Customer, the provisions of Article VIII (Cancellation) shall apply.
Any provision of this Agreement which, by its nature, is intended to survive termination, including but not limited to provisions relating to payment, limitation of liability, and indemnification, shall survive the termination or expiry of this Agreement.
Article XIV - RELATIONSHIP OF THE PARTIES
The parties hereby acknowledge and agree that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency or other relationship between the parties and that the sole and exclusive purpose of this Agreement is the provision of specific catering services by the Caterer to the Customer under the terms hereof. The Caterer is an independent contractor.
Article XV - GENERAL PROVISIONS
A) APPLICABLE LAW: This Agreement shall be governed in all respects by the laws of Alberta and any applicable federal law. Both parties consent to the jurisdiction of the courts of the province or territory and the Canadian federal courts. The parties agree that this choice of law, place, and jurisdiction provision is not optional, but rather mandatory.
B) LANGUAGE: All communications made or notices given under this Agreement shall be in English.
C) ASSIGNMENT: This Agreement, or any rights hereunder, may not be assigned, sold, leased or otherwise transferred, in whole or in part, by either party.
D) AMENDMENTS: This Agreement may only be amended by writing signed by both parties.
G) ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties and supersedes all prior or contemporaneous agreements whether written or oral.
H) HEADINGS: The headings in this Agreement are for convenience of reference only and shall not be construed to limit or affect the terms of this Agreement.
I) COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute one and the same Agreement.
J) FORCE MAJEURE: The Caterer shall not be liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of force majeure, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.
K) NOTICE OF PERMITTED ELECTRONIC COMMUNICATIONS: Any notice to be given under this Agreement shall be in writing and shall be sent by first-class mail, airmail or electronic mail to the address of the applicable Party set forth at the head of this Agreement, or to the applicable electronic mail address set forth below, or to such other electronic mail address as that Party may notify the other Party from time to time in accordance with this clause. The contact details of the Parties are as follows:
Caterer: ________
Customer: ________
Notices sent as set forth above shall be deemed to have been received 3 business days after the date of mailing (in the case of domestic first-class mail), or 7 business days after the date of mailing (in the case of airmail), or the next business day after mailing (in the case of e-mail).
To prove that a notice was sent, it is sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and mailed, or that the applicable means of telecommunication was addressed and sent and that the mailing was confirmed and/or acknowledged, as the case may be.
EXECUTION
Caterer: ________
Representative's name: ________________________
Title: _____________________________________
Signature: _________________________________
Date: _____________________________________
Customer: ________
Representative's name: ________________________
Title: _____________________________________
Signature: _________________________________
Date: _____________________________________
Fields you complete are inserted into the document live. This template is general guidance only — not legal advice.