Catering Agreement - Template, Sample Form to Fill out Pro · NG-law
✓ Valid in Nigeria · drafted to comply with local law
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CATERING AGREEMENT
THIS CATERING AGREEMENT (this "Agreement") is made the ________ (the "Effective Date"),
BETWEEN
________, of the following address:
________
(hereinafter referred to as the "Client", which expression shall, where the context so admits, include its successors-in-title and permitted assigns) of the one part;
AND
________, of the following address:
________
(hereinafter referred to as the "Caterer", which expression shall, where the context so admits, include its successors-in-title and permitted assigns) of the other part.
The Client and the Caterer are hereinafter sometimes referred to individually as a "Party" and collectively as the "Parties".
RECITALS
A. The Caterer is a professional catering service provider that specializes in providing high-quality culinary experiences for a variety of events.
B. The Client is hosting the Event described in this Agreement and desires to engage the Caterer to provide the Catering Services to ensure that the Client's Guests have a comfortable experience.
C. The Caterer has represented that it possesses the requisite skill, experience and resources to provide the Catering Services and has agreed to provide same upon the terms and conditions set out in this Agreement.
NOW, IN CONSIDERATION of the mutual covenants, promises and obligations contained in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. EVENT
1.1. The Caterer shall provide the Catering Services in relation to the ________ event (the "Event"), the particulars of which are as follows:
1.1.1. Date of Event: ________
1.1.2. Time: ________ to ________
1.1.3. Location of Event: ________
1.1.4. Number of Guests: a maximum of ________ guests (the "Guests").
2. CATERING SERVICES
2.1. The Caterer shall provide the following services (the "Catering Services"):
________
2.2. The Caterer is engaged to provide the Catering Services on the basis of its particular skill and expertise. Accordingly, notwithstanding any provision to the contrary, the Caterer shall not subcontract, transfer the obligation, or otherwise outsource the provision of the Catering Services without the prior written consent of the Client.
2.3. Without prejudice to Clause 2.1, the Caterer shall have the following obligations:
2.3.1. Menu Planning: The Caterer shall work with the Client to develop a personalised Menu that suits the Client's needs and preferences for the Event.
2.3.2. Food Preparation: The Caterer shall produce and deliver high-quality and fresh food items in accordance with the agreed Menu.
2.3.3. Service Staff: The Caterer shall supply professional and well-trained service staff to ensure efficient service during the Event.
2.3.4. Setup and Cleanup: The Caterer shall be responsible for the setup and cleanup of the catering space, including tables, linens, dishes and other essential equipment.
2.4. The Caterer shall, at all times in the course of providing the Catering Services, comply with all applicable laws, regulations and standards in Nigeria, including the food safety and hygiene requirements under the National Agency for Food and Drug Administration and Control Act and applicable public health regulations.
3. MENU
3.1. The menu to be served by the Caterer for the Event shall be as follows (the "Menu"):
________
3.2. Where it is not reasonably possible for the Caterer to prepare the specified Menu, the Caterer shall propose suitable modifications to the Menu, subject to the prior approval of the Client.
4. OBLIGATIONS OF THE CLIENT
Under this Agreement, the Client shall:
(I) provide accurate and timely information regarding the expected number of Guests, dietary requirements and any other relevant details required for Menu planning and food preparation;
(II) ensure that an appropriate and adequately equipped venue is available for the Event and that the Caterer has reasonable access to the venue;
(III) make timely payment to the Caterer in accordance with the payment terms set out in this Agreement; and
(IV) provide timely feedback and communicate any changes or concerns regarding the Menu, venue or service to the Caterer to allow for appropriate adjustments.
5. OBLIGATIONS OF THE CATERER
Under this Agreement, the Caterer shall:
(I) prepare and deliver the Menu, including food and beverages, as specified under this Agreement;
(II) provide all essential equipment, including linens and serving utensils, and manage the setup and organisation of the dining area;
(III) deliver the specified Menu to the agreed location within the designated timeframe, ensuring that all preparations are completed in time for the scheduled Event; and
(IV) provide servers to assist with food service and ensure the seamless execution of the Event.
6. FEES AND PAYMENT
6.1. In consideration of the Catering Services rendered under this Agreement, the Client shall pay the Caterer a fixed fee in the sum of ₦________ (________) (the "Fee").
6.2. The Client shall pay a non-refundable deposit of ₦________ upon execution of this Agreement, and the balance of the Fee shall be paid on or before ________.
6.3. Payment of the Fee shall be made by ________ to the following account of the Caterer: ________.
6.4. The Fee is exclusive of Value Added Tax (VAT) and any other applicable taxes, levies or duties chargeable under the Value Added Tax Act and other applicable laws of the Federal Republic of Nigeria, which shall, where applicable, be borne by the Client upon presentation of a valid invoice.
6.5. The Caterer shall be entitled to be reimbursed for all incidental and out-of-pocket expenses (including transportation costs) reasonably incurred on behalf of the Client in providing the Catering Services, provided that such expenses have been authorised in writing by the Client before being incurred and are supported by appropriate receipts.
6.6. Any sum due and unpaid after its due date shall attract interest at the rate of ________% per annum until payment is made in full.
7. COST ADJUSTMENTS
The Client acknowledges that the cost of preparing the meals on the Menu and the prices of ingredients may fluctuate. Where such costs fluctuate beyond the ordinary range, the Parties agree that the Client shall either bear the additional costs or vary the Menu, subject in each case to prior written agreement between the Parties.
8. CANCELLATION
8.1. In the event of cancellation by the Client, any deposit paid shall be non-refundable. Cancellation shall be made within a reasonable period before the Caterer commences incurring expenses for the Menu preparations. Where cancellation is made after such period, the Client shall pay ________% of the Fee as a cancellation fee.
8.2. Save in cases of negligence or wilful misconduct, the Caterer shall not be held liable for any damages, losses or injuries arising during the Event.
9. EVENT CHANGES
The Client shall notify the Caterer of any changes to the number of Guests, the Menu, the venue or any other fundamental matter no later than the following period: ________. Any change made or communicated after that period shall attract an additional charge.
10. DATA PROTECTION
10.1. Each Party shall comply with its respective obligations under the Nigeria Data Protection Act 2023 and any subsidiary legislation or regulations made thereunder in respect of any personal data processed in connection with this Agreement.
10.2. The Caterer shall process any personal data of the Client or the Guests only for the purpose of performing the Catering Services, shall implement appropriate technical and organisational measures to safeguard such data, and shall not disclose same to any third party except as may be required for the performance of this Agreement or as required by law.
11. INSURANCE
12. INDEPENDENT CONTRACTOR
13. TERMINATION
13.1. Where the Client fails to pay the Fee, the Caterer shall have the right to terminate this Agreement. Where the Caterer fails to provide the Catering Services described in Clause 1 of this Agreement or fails to fulfil its obligations under Clause 5 of this Agreement, the Client shall have the right to terminate this Agreement.
13.2. Either Party may terminate this Agreement upon ________ written notice to the other Party in the event of a material breach which remains unremedied within the said period.
13.3. Upon termination pursuant to this Clause:
(I) the Caterer shall immediately cease the performance of the Catering Services;
(II) the Client shall pay any outstanding Fees and any other outstanding payments properly due;
(III) the Client shall return all materials and documents belonging to the Caterer; and
(IV) where the Caterer breaches any provision of this Agreement, the Client shall, in addition to the right of termination, be entitled to damages and to such injunctive or other equitable relief as the circumstances may warrant.
14. CONFIDENTIALITY
14.1. The Parties acknowledge that, under this Agreement, the Caterer may have access to non-public confidential information and may possess certain information concerning the business operations of the Client. The Caterer accordingly agrees to maintain the confidentiality of such information. The Parties acknowledge that, depending on the circumstances, either Party may be the disclosing party or the receiving party.
14.2. "Confidential Information" includes all information or materials of whatever nature relating to the purpose disclosed by the Parties, whether by the sharing of any written material or by any oral or written statement, including but not limited to documents, techniques, practices, tools, specifications, inventions, patents, trademarks, software, drawings and programmes, but shall not include information or data:
(I) which can be established by written records to have been already known to the receiving party or the public at the time of disclosure;
(II) which enters the public domain through no fault of the receiving party;
(III) which is disclosed to third parties by the disclosing party without restriction;
(IV) which is given to the receiving party by a third party lawfully in possession of such information and having the legal right to disclose it; or
(V) which is required by law, regulation or order of a court of competent jurisdiction to be disclosed.
14.3. The obligations under this Clause shall survive the expiration or termination of this Agreement.
15. FORCE MAJEURE
15.1. Neither Party shall be liable for any failure to perform any of its obligations under this Agreement where such performance has been delayed, hindered, interfered with or prevented by force majeure, which, for the purposes of this Agreement, means any circumstance:
(I) which is beyond a Party's reasonable control;
(II) which such Party could not reasonably have avoided or overcome; and
(III) which is not attributable to the other Party.
15.2. Without prejudice to the generality of the foregoing, force majeure shall include the following events and circumstances:
(I) war, hostilities or invasion;
(II) rebellion, terrorism, revolution, insurrection, military or usurped power;
(III) riot, civil disorder, epidemic, pandemic, governmental restrictions, or other acts that may reasonably affect the ability of a Party to fulfil its obligations under this Agreement.
15.3. The Party affected by force majeure shall promptly notify the other Party and shall use reasonable endeavours to mitigate the effect of the force majeure event.
16. INDEMNITY
The Caterer agrees to indemnify and hold the Client harmless against any suit, action, claim, damages, liability, expense of any kind whatsoever, judgment, settlement and any loss that may be incurred as a result of the Caterer's conduct or breach of any term of this Agreement, including any harm or injury suffered by the Client or any third party arising from the Caterer's negligence, misconduct or default.
17. DISPUTE RESOLUTION
17.1. The Parties shall use their best endeavours to amicably settle any dispute, difference or claim arising out of or in connection with this Agreement through negotiation.
17.2. Where the Parties are unable to resolve the dispute through negotiation within thirty (30) days, the matter shall be referred to mediation at ________.
17.3. Where the dispute remains unresolved through mediation, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Mediation Act 2023. The arbitration shall be conducted by a sole arbitrator to be appointed by mutual agreement of the Parties, the seat of arbitration shall be ________, and the language of the arbitration shall be English.
17.4. This Agreement shall be governed by, and construed in accordance with, the laws of the Federal Republic of Nigeria.
18. MISCELLANEOUS
18.1. Variation: This Agreement may be amended or varied only by an instrument in writing agreed to and signed by the Parties. No delay or omission to exercise any right under this Agreement shall be construed as a waiver thereof.
18.2. Notices: All notices under this Agreement shall be in writing and shall be delivered personally, sent by registered or courier post, or by electronic mail to the address of the other Party set out in this Agreement, or to such other address as a Party may notify in writing.
18.3. Headings: Headings in this Agreement are for convenience only and shall not affect the construction or interpretation of this Agreement.
18.4. Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same Agreement.
18.5. Entire Agreement: This Agreement, together with any addendum hereto, constitutes the entire agreement between the Parties and supersedes any prior written or oral agreement made between them on the same subject matter.
18.6. Assignment: Neither Party shall assign any of its rights or obligations under this Agreement without the prior written consent of the other Party.
18.7. Enurement: This Agreement shall enure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
18.8. Cumulative Rights: The rights of the Parties under this Agreement are cumulative and shall not be construed as exclusive, except as otherwise provided by law.
18.9. Waiver: Any term or provision of this Agreement may be waived in writing at any time by the Party entitled to the benefit thereof. No delay or omission to exercise any right shall be construed as a waiver.
18.10. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
18.11. Further Assurance: The Parties shall execute and deliver all such documents and take all such actions as may be necessary or incidental to give full effect to the provisions of this Agreement.
IN WITNESS WHEREOF the Parties have executed this Agreement on the day and year first above written.
SIGNED, SEALED AND DELIVERED by the within named Client ________
________________________
in the presence of:
Name................................................................................................................
Address.............................................................................................................
Occupation........................................................................................................
Signature..........................................................................................................
SIGNED, SEALED AND DELIVERED by the within named Caterer ________
________________________
in the presence of:
Name................................................................................................................
Address.............................................................................................................
Occupation........................................................................................................
Signature..........................................................................................................
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