Catering Agreement - Template, Sample Form to Complete Pro · IN-law
✓ Valid in India · drafted to comply with local law
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CATERING AGREEMENT
This Catering Agreement (the "Agreement") is made and executed on this ________ at ________ (the "Effective Date").
BY AND BETWEEN
________, Govt. ID: ________, GSTIN: ________, FSSAI Licence No.: ________, resident of/having its principal place of business at ________ (hereinafter referred to as the "Caterer", which expression shall, unless excluded by or repugnant to the subject or context, be deemed to include its legal heirs, successors, administrators, executors and permitted assigns) of the ONE PART;
AND
________, Govt. ID: ________, resident of/having its principal place of business at ________ (hereinafter referred to as the "Client", which expression shall, unless excluded by or repugnant to the subject or context, be deemed to include its legal heirs, successors, administrators, executors and permitted assigns) of the OTHER PART.
(The Caterer and the Client are hereinafter individually referred to as a "Party" and collectively as the "Parties".)
RECITALS
WHEREAS the Caterer is engaged in the business of providing catering services ("Catering Services") and possesses the requisite manpower, skills, qualifications, licences and expertise required to perform the Catering Services;
AND WHEREAS the Client desires to engage the Caterer to provide the Catering Services, and the Caterer has agreed to provide the same upon the terms and conditions hereinafter contained;
NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations set out herein, and intending to be legally bound, the Parties agree to record the terms and conditions on which the Caterer shall provide the Catering Services to the Client as follows:
§ 1. DEFINITIONS
(b) "Approvals" shall mean sanctions, permissions, consents, validations, confirmations, licences and other authorizations obtained and/or required to be obtained from any Government Body;
(c) "Government Body" means any government authority, statutory authority, government department, agency, commission, board, tribunal or court or other entity having jurisdiction on behalf of the Union of India or any State or subdivision thereof, or any municipality, district or local authority;
(d) "GST" means the goods and services tax leviable under the Central Goods and Services Tax Act, 2017, the respective State/Union Territory Goods and Services Tax Acts, and the Integrated Goods and Services Tax Act, 2017, as amended from time to time;
(e) "FSSAI" means the Food Safety and Standards Authority of India constituted under the Food Safety and Standards Act, 2006;
(f) "Catering Services" means the services to be provided to the Client as described under this Agreement and all matters incidental or ancillary thereto, the detailed particulars of which are set out in Annexure-A hereto;
(g) "Term" means the period during which the Caterer shall provide Catering Services in terms of this Agreement, as specified in the Clause titled (Term) of this Agreement.
§ 2. INTERPRETATION
(a) Unless the context otherwise requires, in this Agreement:
(I) words using the singular or plural number also include the plural or singular number, respectively;
(II) words denoting any gender shall include all genders;
(III) the words "written" and "in writing" include any means of visible reproduction;
(IV) the terms "hereof", "herein", "hereto" and similar words refer to this entire Agreement and not to any particular Clause or other subdivision of this Agreement;
(V) the words "include" or "including" shall be deemed to be followed by "without limitation" or "but not limited to";
(VI) references to any "person" include any natural person, corporation, judicial entity, association, statutory body, partnership, limited liability company, joint venture, trust, estate, unincorporated organisation or government, state or any political subdivision, instrumentality, agency or authority; and
(VII) references to a "Clause", or to any other agreement or document in this Agreement, shall be construed as references to the Clauses of this Agreement, or such other agreement or document, as may be amended, modified or supplemented from time to time.
§ 3. PURPOSE
(a) The Catering Services under this Agreement are for the following event: ________.
(b) The Caterer shall provide the Catering Services in accordance with the particulars set out in this Agreement and Annexure-A, at such location as required by the Client, read together with the special conditions, assignment instructions and schedule requirements.
(c) The Caterer shall provide the Catering Services with all due diligence, efficiency and economy, in accordance with generally accepted professional standards and practices, and shall observe sound management practices and employ appropriate technology, and safe and effective equipment, machinery, materials and methods.
(d) Timely and effective performance of the contractual obligations shall be considered of the essence of this contract.
§ 4. LOCATION
(a) The Caterer shall provide the Catering Services at the following location (the "Work Location"):
________
(b) The Work Location may be changed only with the mutual consent of both Parties in writing.
§ 5. TERM
(a) The Caterer shall provide a one-time service on the following date: ________.
(b) The event shall commence at ________ and conclude at ________.
(c) The Caterer shall be granted access to the event premises ________ (________) hours before the event commences and ________ (________) hours after the event concludes.
§ 6. NATURE OF SERVICE
(a) The Caterer shall provide the Catering Services, including the following, at no additional cost:
(I) purchasing the required products and materials;
(II) preparing food items as per the menu;
(III) storing the food items and prepared foods;
(IV) transportation of the food to the venue of the event;
(V) presenting the food in a proper manner as agreed;
(VI) serving and catering the food as agreed;
(VII) cleaning the event location once the event is over;
(VIII) in addition to the above, the Caterer shall provide the following services:
________
(b) All catering duties shall be performed without disturbing or unduly inconveniencing the Client, guests, or other individuals attending the event.
§ 7. MENU
(a) The menu for the event shall be as follows:
________
(b) Any changes to the menu shall be communicated to the Caterer not less than ________ (________) business days prior to the date of the event.
(c) The estimated number of guests to be served shall be ________, subject to such variation as the Parties may agree in writing.
§ 8. MANPOWER
(a) The Caterer shall employ the required personnel to carry out all the Catering Services in accordance with this Agreement, and shall comply with all applicable labour and social security laws including the Code on Wages, 2019, the Code on Social Security, 2020, and the Occupational Safety, Health and Working Conditions Code, 2020, as and when notified and in force.
(b) The personnel shall comply with the Client's rules and regulations pertaining to security and access to the premises and facilities where the event is organized.
(c) The Caterer shall provide at all times the minimum manpower as specified under this Agreement or any annexure executed hereunder.
(d) The Caterer must maintain a proper mechanism for verification of the character and antecedents, management and placement of the skilled manpower, including background verification, educational checks and past employment of the personnel deputed. The personnel engaged by the Caterer shall not have any adverse police records or criminal cases pending against them.
(e) Upon request, the Caterer shall submit the background verification certificates and records to the Client.
(f) The catering personnel shall wear clean, ironed and presentable uniforms while on duty.
(g) The personnel deployed by the Caterer shall, at all times, remain the employees of the Caterer alone, and the Client shall not be deemed to be the employer or principal employer of such personnel for any purpose whatsoever.
§ 9. EQUIPMENT AND MATERIALS
(a) The Caterer shall procure and use its own equipment and materials necessary for the performance of this Agreement, and shall ensure that the same comply with all applicable food safety, hygiene and quality standards prescribed under the Food Safety and Standards Act, 2006 and the rules and regulations framed thereunder.
§ 10. PAYMENT
(a) All payments shall be made in Indian Rupees (INR).
(b) Tax Deducted at Source (TDS) shall be deducted as per the provisions of the Income-tax Act, 1961, as amended from time to time, and a certificate to this effect shall be provided to the Caterer by the Client.
(c) The Client shall pay Rs. ________ (________) per hour.
(d) The total contract value, exclusive of applicable taxes, shall be Rs. ________ (________).
(e) The Caterer shall be entitled to charge the Client for any additional hours of service rendered beyond the agreed Term, at the rate specified in sub-clause (c) above.
(f) The total invoice amount shall be paid in the following manner: ________.
(g) The service fees or compensation payable by the Client to the Caterer are inclusive of all taxes, including GST, which may be levied or imposed under Applicable Law against payments or transactions under this Agreement, except where statutorily required to be charged separately and indicated on a valid tax invoice.
(h) During the Term of this Agreement, the Client shall not be liable to reimburse any out-of-pocket expenditure to the Caterer unless agreed in writing.
(i) Payments under this Agreement shall be made using the following method: ________.
§ 11. CATERER WARRANTIES
(a) The Caterer represents and warrants to the Client, on the execution date and during the Term of this Agreement, that:
(I) it has full capacity and authority to enter into and to perform this Agreement;
(II) it holds a valid and subsisting licence/registration issued by the Food Safety and Standards Authority of India ("FSSAI");
(III) the food used to prepare and deliver meals provided under this Agreement is obtained from approved food sources;
(IV) food items shall not be assembled more than 24 (twenty-four) hours prior to delivery;
(V) it shall prepare and serve food in accordance with the FSSAI rules and regulations and all applicable food safety and hygiene standards;
(VI) it has all rights, titles, permissions and licences to perform the Catering Services under this Agreement and that such performance shall not violate any other agreement;
(VII) once executed, this Agreement shall constitute legal, valid and binding obligations enforceable against it; and
(VIII) there are no actions, suits, proceedings or regulatory investigations pending or, to its knowledge, threatened against it that might adversely affect its ability to perform its obligations under this Agreement.
§ 12. CONFIDENTIALITY AND DATA PROTECTION
(a) Each Party shall keep confidential all information, whether commercial, financial, technical or otherwise, disclosed by the other Party in connection with this Agreement, and shall not disclose the same to any third party without prior written consent, save as required by Applicable Law.
(b) To the extent the Caterer processes any personal data of the Client or its guests in the course of providing the Catering Services, the Caterer shall comply with the Digital Personal Data Protection Act, 2023 and the rules framed thereunder, and shall process such personal data only for the purposes of this Agreement, implement reasonable security safeguards, and not retain such data beyond the period necessary for the performance hereof.
§ 13. TERMINATION
(a) The Client may terminate this Agreement at any time by providing written notice to the Caterer in the event of any breach of the terms and conditions of this Agreement by the Caterer.
(b) Either Party may terminate this Agreement by giving the other Party prior written notice of not less than 30 (thirty) calendar days.
(c) The Client may terminate this Agreement with immediate effect if the Caterer fails to perform the Catering Services in accordance with the standards specified under this Agreement, or commits any act of negligence, misconduct or fraud.
(d) This Agreement may be terminated by either Party in the event the other Party becomes insolvent or bankrupt, or enters into liquidation or any arrangement with its creditors.
(e) The Client reserves the right to terminate this Agreement if the Caterer subcontracts or assigns any of its obligations under this Agreement in contravention of the terms hereof.
(f) Upon termination of this Agreement, the Caterer shall be entitled to receive payment only for the Catering Services satisfactorily rendered up to the effective date of termination.
(g) The Caterer shall, upon termination of this Agreement, return all property, documents, materials and equipment belonging to the Client, if any, in its possession.
(h) Termination of this Agreement for any reason shall not affect any rights or obligations of the Parties which may have accrued prior to such termination.
(i) The provisions of this Agreement which by their nature are intended to survive termination, including but not limited to indemnification, confidentiality, data protection, dispute resolution and governing law, shall continue in full force and effect notwithstanding such termination.
(j) Any termination of this Agreement shall be without prejudice to any other rights or remedies available to the terminating Party under this Agreement or Applicable Law.
(k) Notwithstanding anything contained herein, any sums due and payable by either Party as on the date of termination shall be settled within a reasonable period from the effective date of termination.
§ 14. SUBCONTRACTING
The Caterer shall not subcontract or assign this Agreement or any of its obligations hereunder to any third party without the prior written consent of the Client.
§ 15. INSPECTION
The Client reserves the right to inspect the performance of the Catering Services to ensure quality and compliance with the terms of this Agreement. This right includes the right to inspect, stop the service, make recommendations as to the details of the service, and prescribe alterations or deviations in the service.
§ 16. INDEMNIFICATION
The Caterer hereby agrees to indemnify and hold the Client harmless from and against all damages, costs, legal fees and other losses arising out of or relating to:
(a) any breach of this Agreement by the Caterer;
(b) any breach of any representation or warranty by the Caterer;
(c) any claim arising from food poisoning, contamination, illness, injury or death attributable to the food prepared or served by the Caterer; and
(d) any negligence, wilful misconduct or violation of Applicable Law by the Caterer or its personnel.
§ 17. INDEPENDENT PARTIES
Nothing contained or implied in this Agreement shall be deemed to create a joint venture, partnership or agency between the Parties, or make one Party the agent or legal representative of the other for any purpose.
§ 18. REMEDIES
(a) In addition to all other rights available to a Party under law, if a Party defaults by failing to substantially perform any provision, term or condition of this Agreement (including, without limitation, the failure to make a monetary payment when due), the other Party may terminate this Agreement by providing written notice to the defaulting Party, describing in sufficient detail the nature of the default.
(b) The Party receiving such notice shall have 7 (seven) calendar days from the effective date of such notice to cure the default(s), unless waived by the Party providing the notice. Failure to cure the default(s) within such period shall result in the automatic termination of this Agreement.
§ 19. FORCE MAJEURE
§ 20. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Any such provision shall be replaced with a valid, legal and enforceable provision that most nearly gives effect to the original intent of the Parties.
§ 21. AMENDMENTS
Any change, alteration, amendment or modification to this Agreement must be in writing and signed by the authorized representatives of both Parties.
§ 22. DISPUTES
(a) The Parties shall first attempt to resolve any dispute arising out of or in connection with this Agreement through mutual discussion and amicable settlement.
(b) Failing amicable settlement, any dispute, controversy or claim arising out of or in relation to this Agreement shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and any statutory modification or re-enactment thereof for the time being in force. The dispute shall be referred to a sole arbitrator to be mutually appointed by the Parties. The arbitration shall be conducted in the English language. Each Party shall bear its own costs and fees of the arbitration, and the fees of the arbitrator shall be borne equally. The seat and venue of arbitration shall be ________.
(c) This Agreement shall be governed by and construed in accordance with the laws of India, and the courts at ________ shall have exclusive jurisdiction, subject to the arbitration provisions hereinabove.
§ 23. LEGAL FEES AND COSTS
In the event of any legal action by any Party to enforce one or more provisions of this Agreement, whether at law or in equity, the prevailing Party shall be entitled to recover from the other Party all enforcement costs, including, without limitation, reasonable legal fees and costs whether incurred before, during or after trial or other litigation, including any appeal.
§ 24. NOTICES
Except as otherwise specified in this Agreement, all notices, requests, consents, approvals, agreements, authorizations, acknowledgements, waivers and other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given when delivered personally, sent by registered post or reputed courier, or transmitted by electronic mail with acknowledgement, to the address specified below.
In the case of the Client:
Attention: ________
Address: ________
Email: ________
In the case of the Caterer:
Attention: ________
Address: ________
Email: ________
Either Party may change its address for notification purposes by giving the other Party 10 (ten) calendar days' notice of the new address and the date upon which it shall become effective.
§ 25. STAMP DUTY
This Agreement shall be stamped in accordance with the applicable stamp duty payable under the Indian Stamp Act, 1899, and/or the relevant State stamp legislation in force at the place of execution. The cost of stamp duty and registration, if any, shall be borne by ________.
§ 26. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
§ 27. ENTIRE AGREEMENT
This Agreement, together with its annexures, constitutes the entire agreement and understanding of the Parties with respect to the subject matter hereof and supersedes all prior negotiations, correspondence, agreements, understandings, duties or obligations between the Parties with respect to the subject matter hereof.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on ________.
FOR THE CATERER
________
Date: ________
Signature:
FOR THE CLIENT
________
Date: ________
Signature:
WITNESS-1
Name: ________
Govt. ID name and number: ________
Address: ________
Signature:
WITNESS-2
Name: ________
Govt. ID name and number: ________
Address: ________
Signature:
ANNEXURE-A
(Details of Service)
________
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