Catering Agreement - Template, Sample Form to Fill out

CATERING AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Catering Agreement is made and entered into this _______ day of _____________________, 20_____ at the City/Municipality of _____________________, Province of ________, by and between:

________, Filipino, of legal age, and with address at ________, hereinafter referred to as the "Caterer"

- and -

________, Filipino, of legal age, and with address at ________, hereinafter referred to as the "Client"

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

WHEREAS, Client wishes to retain Caterer to cater an Event (as defined below);

WHEREAS, Caterer has the skills, qualifications, and expertise required to provide catering services to Client;

WHEREAS, Caterer wishes to render such catering services to Client.

NOW THEREFORE, in consideration of the promises and covenants contained herein, the Parties do hereby agree as follows:

I. EVENT

Caterer will provide catering services for the following event: ________.

The details for the event are as follows:

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

II. MENU

The menu for the Event will be:

________

III. INCLUSIONS

The catering services will also include the following:

________

IV. STAFF OR EMPLOYEES

The Caterer shall only utilize the following staff or employees to assist in the catering services, as these individuals are hereby approved and agreed to by Client:

________

V. FEES

Client will pay ________ per person (₱________/person).

In addition to the Fee, Client will also pay a deposit of ________ (₱________) on or before ________. Thereafter, the balance shall be paid as follows:

________

Caterer will accept the following forms of payment:

________

VI. COST FLUCTUATION

Client understands and acknowledges that the cost of the Menu items and ingredients may fluctuate. If costs fluctuate to the extent that it will no longer be profitable for caterer to undertake this job, Client agrees that Client may:

a. Cover any additional cost; or

b. Substitute other Menu items.

VII. EVENT CHANGES

Changes to the number of guests, Menu items, dates, or venues must be made no later than the following amount of time before the event: ________. Any changes made past this deadline and agreed to by the Caterer will be subject to a penalty charge as follows:

________

VIII. CANCELLATION

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

________

IX. OTHER CHARGES

Client will also be charged for the following:

________

X. COMPLIANCE

Caterer shall comply with all laws regarding the preparation and service of food.

XI. INSURANCE

Caterer shall, at its own expense, maintain adequate insurance coverage, including but not limited to public liability insurance and workers' compensation insurance, sufficient to cover any and all claims, damages, or losses that may arise out of or in connection with the rendering of the catering services under this Agreement. Caterer shall, upon request, provide Client with proof of such insurance coverage.

XII. LIABILITY

Caterer shall be liable for any loss, damage, or injury arising directly from the negligence, willful misconduct, or breach of this Agreement by the Caterer or its staff or employees in the course of rendering the catering services.

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

XIII.INDEMNIFICATION

Each Party agrees to indemnify, defend, and hold harmless the other Party, its officers, directors, 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.

XIV. CONFIDENTIALITY

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1. Not disclose the confidential and/or proprietary information by any means not authorized by the Client to any third parties;

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

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

4. Inform Client immediately if Caterer becomes aware of any unauthorized use or disclosure of the confidential and/or proprietary information.

This clause shall survive the termination of this Agreement for five (5) years.

XV. TERMINATION

This Agreement will terminate at the conclusion of the Event.

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

This Agreement may be terminated by the Caterer if the Client fails to pay any requisite Fees. The Caterer may terminate the Agreement immediately, with no notice period, in writing.

If this Agreement is terminated before the expiration of its natural term, Client hereby agrees to pay for all catering services rendered up to the date of termination, and for any and all expenditure due for payment after the date of termination for commitments reasonably made and incurred by Caterer related to the rendering of Catering Services prior to the date of termination.

Any termination of under this subpart shall not affect the accrued rights or liabilities or either Party under this Agreement or at law and shall be without prejudice to any rights or remedies either Party may be entitled to. Any provision or subpart of this Agreement which is meant to continue after termination or come into force at or after termination shall not be affected by this subpart.

XVI. 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 employment relationship or otherwise, between the Parties and that this Agreement is for the sole and express purpose of the rendering of the specific catering services by the Caterer to the Client under the terms and conditions herein. Caterer is an independent contractor for Client.

XVII. ASSIGNMENT

This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in party by either Party.

XVIII. SUPPORTING DOCUMENTS AND ADDITIONAL ACTS

The Parties agree to execute such other documents as are reasonable and necessary for the proper implementation of this Agreement.

XIX. APPLICABLE LAW

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

XX. WAIVER

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XXI. COUNTERPARTS

This Agreement may be executed in counterparts, all of which constitute a single agreement. If the dates set forth at the signatures of this document are different, the Agreement shall be considered effective as of the date that both Parties signed the Agreement.

XXII. SEVERABILITY

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed subsequent to the expungement of the invalid provision.

XXIII. CUMULATIVE RIGHTS

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.

XXIV. HEADINGS

Headings are for convenience only and do not affect the interpretation of this Agreement.

XXV. ENTIRETY OF AGREEMENT

This Agreement represents the entire agreement between the Caterer and the Client and supersedes all prior negotiations, representations, agreements, either oral or written.

XXVI. AMENDMENTS AND MODIFICATIONS

This Agreement may be amended only by a written instrument signed and agreed upon by both Parties.

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

________
Caterer

________
Client