Catering Agreement - Template, Sample Form to Fill out Pro · PH-law

CATERING SERVICES AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Catering Services Agreement (the "Agreement") is made and entered into this ________ day of ________, 20________, at the City/Municipality of ________, Province of ________, by and between:

________, Filipino, of legal age, with address at ________, holding government-issued identification no. ________ and Taxpayer Identification No. ________, hereinafter referred to as the "Caterer";

- and -

________, Filipino, of legal age, with address at ________, holding government-issued identification no. ________, hereinafter referred to as the "Client".

The Client and the Caterer may be referred to individually as a "Party" and collectively as the "Parties".

WITNESSETH:

WHEREAS, the Client wishes to engage the Caterer to provide catering services for an Event (as defined below);

WHEREAS, the Caterer represents that it possesses the skills, qualifications, equipment, licenses, and expertise required to render catering services to the Client, and warrants that it is duly registered and holds all permits required under applicable laws and ordinances;

WHEREAS, the Caterer wishes to render such catering services to the Client upon the terms and conditions hereinafter set forth.

NOW THEREFORE, for and in consideration of the foregoing premises and the mutual covenants hereinafter contained, the Parties hereby agree as follows:

Art. I. THE EVENT

§ 1.1. The Caterer shall provide catering services for the following event (the "Event"): ________.

§ 1.2. The details of the Event are as follows:

Type of event: ________
Date: ________
Time: ________
Venue: ________
Number of persons: ________

Art. II. MENU

§ 2.1. The menu to be served at the Event (the "Menu") shall be:

________

Art. III. INCLUSIONS

§ 3.1. The catering services shall also include the following:

________

Art. IV. STAFF AND PERSONNEL

§ 4.1. The Caterer shall deploy the following staff or personnel to render the catering services, who are hereby approved by the Client:

________

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Art. V. FEES AND PAYMENT

§ 5.1. The Client shall pay the Caterer the sum of ________ Pesos (₱________) per person, inclusive of all applicable taxes (the "Fee").

§ 5.2. In addition to the Fee, the Client shall pay a non-refundable deposit of ________ Pesos (₱________) on or before ________. Thereafter, the balance shall be paid as follows:

________

§ 5.3. The Caterer shall accept the following forms of payment:

________

§ 5.4. Any amount not paid when due shall earn legal interest at the rate of ________ percent (%) per annum, computed from the date of default until full payment, pursuant to Articles 1169 and 2209 of the Civil Code of the Philippines. The Caterer shall issue an official receipt for every payment received, in compliance with the National Internal Revenue Code, as amended.

Art. VI. COST FLUCTUATION

§ 6.1. The Client acknowledges that the cost of Menu items and ingredients may fluctuate. Should costs increase to such an extent that performance becomes manifestly inequitable to the Caterer, the Client agrees that it may, at its option:

a. Cover any additional cost; or

b. Substitute other Menu items of comparable value.

§ 6.2. No adjustment shall take effect unless first communicated in writing to and accepted by the Client.

Art. VII. EVENT CHANGES

§ 7.1. Any changes to the number of guests, Menu items, dates, or venue must be made in writing no later than ________ before the Event. Any change requested after such deadline and accepted by the Caterer shall be subject to a penalty charge as follows:

________

Art. VIII. CANCELLATION

§ 8.1. If the Event is cancelled after the execution of this Agreement through no fault of the Caterer, the Caterer shall be entitled to the following:

________

§ 8.2. The Parties agree that the foregoing constitutes a valid stipulation of liquidated damages under Articles 1226 to 1230 of the Civil Code of the Philippines.

Art. IX. OTHER CHARGES

§ 9.1. The Client shall also be charged for the following:

________

Art. X. COMPLIANCE WITH LAWS

§ 10.1. The Caterer shall, at its own expense, comply with all laws, rules, and regulations relating to the preparation, handling, storage, and service of food, including but not limited to the Food Safety Act of 2013 (Republic Act No. 10611), the Sanitation Code of the Philippines (Presidential Decree No. 856), and all applicable local government ordinances, sanitary permits, and health certificates of its personnel.

Art. XI. INSURANCE

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Art. XII. LIABILITY

§ 12.1. The Caterer shall be liable for any loss, damage, or injury arising directly from the negligence, fraud, willful misconduct, or breach of this Agreement by the Caterer or its staff or personnel in the course of rendering the catering services, in accordance with Articles 1170, 1171, and 1172 of the Civil Code of the Philippines.

§ 12.2. The Client shall not be liable for any loss, damage, or injury sustained by the Caterer or its staff or personnel, except where such loss, damage, or injury arises directly from the negligence or willful misconduct of the Client.

Art. XIII. INDEMNIFICATION

§ 13.1. Each Party agrees to indemnify, defend, and hold harmless the other Party, its officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with any breach of this Agreement or any negligent or wrongful act or omission of the indemnifying Party in the performance of its obligations under this Agreement.

Art. XIV. CONFIDENTIALITY AND DATA PRIVACY

§ 14.1. The Caterer acknowledges that it may receive confidential and/or proprietary information relating to the Client, which may include attendee details, guest lists, client notes, specifications, plans, and other information disclosed before or during the Event. The Caterer agrees that it shall:

1. Not disclose the confidential and/or proprietary information by any unauthorized means to any third party;

2. Not copy or duplicate the confidential and/or proprietary information unless specifically directed by the Client;

3. Not use the confidential and/or proprietary information for any purpose except those expressly authorized by the Client;

4. Inform the Client immediately upon becoming aware of any unauthorized use or disclosure of the confidential and/or proprietary information.

§ 14.2. To the extent that the Caterer processes any personal information in connection with this Agreement, the Caterer shall comply with the Data Privacy Act of 2012 (Republic Act No. 10173), its Implementing Rules and Regulations, and the issuances of the National Privacy Commission, and shall implement reasonable and appropriate organizational, physical, and technical security measures to protect such personal information.

§ 14.3. This Article shall survive the termination of this Agreement for a period of five (5) years.

Art. XV. TERMINATION

§ 15.1. This Agreement shall terminate at the conclusion of the Event.

§ 15.2. This Agreement may also be terminated by either Party upon written notice if the other Party becomes unable to perform its obligations hereunder, including the duty to pay or the duty to perform.

§ 15.3. The Caterer may terminate this Agreement, in writing and without need of prior notice period, should the Client fail to pay any requisite Fee when due.

§ 15.4. If this Agreement is terminated before the conclusion of the Event, the Client shall pay for all catering services rendered up to the date of termination, as well as any expenditure due for commitments reasonably made and incurred by the Caterer in relation to the catering services prior to the date of termination.

§ 15.5. Any termination under this Article shall not affect the accrued rights or liabilities of either Party under this Agreement or at law and shall be without prejudice to any other rights or remedies available. Any provision intended to survive termination shall not be affected by this Article.

Art. XVI. RELATIONSHIP OF THE PARTIES

§ 16.1. Nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency, or employer-employee relationship between the Parties. The Caterer renders the catering services as an independent contractor, and this Agreement is for the sole and express purpose of the rendering of the specified catering services under the terms and conditions herein.

Art. XVII. ASSIGNMENT

§ 17.1. This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred, in whole or in part, by either Party without the prior written consent of the other Party.

Art. XVIII. SUPPORTING DOCUMENTS AND ADDITIONAL ACTS

§ 18.1. The Parties agree to execute such other documents and perform such further acts as may be reasonable and necessary for the proper implementation of this Agreement.

Art. XIX. APPLICABLE LAW AND VENUE

§ 19.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

§ 19.2. The Parties agree that any dispute arising out of or in connection with this Agreement shall be brought exclusively before the competent courts of ________, to the exclusion of all other venues, without prejudice to any agreed mode of alternative dispute resolution.

Art. XX. WAIVER

§ 20.1. The failure of either Party to insist, in one or more instances, on the strict performance of any term of this Agreement shall not be construed as an abandonment or waiver of such term. No waiver shall be deemed made unless expressed in writing and signed by the Party granting it, and no waiver of any term shall constitute a waiver of any other term or of the same term on a future occasion.

Art. XXI. COUNTERPARTS

§ 21.1. This Agreement may be executed in counterparts, each of which shall constitute an original and all of which together shall constitute a single agreement. If the signature dates differ, the Agreement shall take effect on the date both Parties have signed.

Art. XXII. SEVERABILITY

§ 22.1. The invalidity of any provision of this Agreement shall not affect the validity of any other provision. Should any provision be held invalid, the remaining provisions shall remain in full force and effect as if the invalid provision had been excluded.

Art. XXIII. CUMULATIVE RIGHTS

§ 23.1. The rights of the Parties under this Agreement and the law are cumulative and shall not be construed as exclusive unless otherwise required by law.

Art. XXIV. HEADINGS

§ 24.1. Headings are for convenience only and shall not affect the interpretation of this Agreement.

Art. XXV. ENTIRETY OF AGREEMENT

§ 25.1. This Agreement represents the entire agreement between the Parties and supersedes all prior negotiations, representations, and agreements, whether oral or written.

Art. XXVI. AMENDMENTS AND MODIFICATIONS

§ 26.1. This Agreement may be amended only by a written instrument signed by both Parties.

IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and place first above written.

________
Caterer

________
Client

SIGNED IN THE PRESENCE OF:

________        ________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ________ ) S.S.

BEFORE ME, a Notary Public for and in the above jurisdiction, this ________ day of ________, 20________, personally appeared the following persons, who exhibited to me their competent evidence of identity:

Caterer: ________ — ID No. ________
Client: ________ — ID No. ________

known to me and to me known to be the same persons who executed the foregoing Catering Services Agreement, and they acknowledged to me that the same is their free and voluntary act and deed.

This instrument, consisting of ________ pages, including this page on which this Acknowledgment is written, has been signed by the Parties and their instrumental witnesses on each and every page hereof.

WITNESS MY HAND AND SEAL on the date and at the place first above written.

Doc. No. ________;
Page No. ________;
Book No. ________;
Series of 20________.