Bartending Agreement - Template, Sample Form Online Pro · US-law
✓ Valid in United States · drafted to comply with local law
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BARTENDING SERVICES AGREEMENT
State of ________
BACKGROUND
This Bartending Services Agreement (this "Agreement") is made and entered into as of ________ (the "Effective Date"), by and between the following client (the "Client"):
________
of
________
and the following bartending services provider (the "Bartender"):
________
of
________
The Client and the Bartender are each referred to herein as a "Party" and collectively as the "Parties."
The Bartender desires to provide bartending services to the Client, and the Client desires to obtain such services from the Bartender, all upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ I. INDEPENDENT CONTRACTOR RELATIONSHIP.
1. The Bartender is engaged as an independent contractor and not as an employee, agent, partner, or joint venturer of the Client. Nothing in this Agreement shall be construed to create an employment, agency, partnership, or joint venture relationship between the Parties.
2. The Bartender shall be solely responsible for the payment of all federal, state, and local income taxes, self-employment taxes, and any other taxes or contributions arising from compensation paid under this Agreement. The Client shall not withhold any taxes from amounts payable to the Bartender, and the Bartender shall not be entitled to any benefits afforded to the Client's employees.
§ II. DESCRIPTION OF SERVICES.
3. On ________ at ________, the Bartender will provide to the Client the following bartending services (collectively, the "Services"):
________
4. The Bartender will work a total of ________ hours on the day on which the Bartender provides the Services.
§ III. RIGHTS AND RESPONSIBILITIES OF BARTENDER.
5. The Bartender affirms that the Bartender is familiar with all relevant federal, state, and local laws concerning the sale and service of alcoholic beverages and shall at all times comply with all applicable laws, including any applicable dram shop and responsible-service statutes.
6. The Bartender shall implement reasonable measures to ensure that only persons of legal drinking age are served alcoholic beverages. Any guest who appears to be under the legal drinking age may be required to provide valid government-issued identification, and service may be refused if such identification is not provided.
7. The Bartender shall exercise reasonable discretion in serving alcoholic beverages to guests and reserves the right to refuse to serve alcoholic beverages to any guest whom the Bartender reasonably believes to be intoxicated or to be acting in a manner that could be detrimental to such guest or to other guests.
8. The Bartender will prepare all necessary cocktail items, garnishes, and additional stock items required to perform the Services.
9. The Bartender will provide all necessary tools, such as wine keys, bottle openers, shakers, pourers, and similar implements, necessary to complete the Services.
§ IV. LOCATION AND PERMITS.
10. Selection of the location for the Services and compliance with any and all relevant federal, state, and local permits, rules, and regulations, including without limitation liquor licenses and any required certificates of insurance, are the sole responsibility of the Client.
11. The Bartender shall provide the Services at the following location:
________
12. The Client shall ensure that the premises are suitable and safe for the performance of the Services and shall furnish the alcoholic beverages, ice, glassware, and other consumables to be served, unless otherwise agreed in writing.
§ V. COMPENSATION AND PAYMENT.
13. As consideration for the Services rendered under this Agreement, the Client shall pay to the Bartender compensation in the amount of $________ (________) per hour.
14. The Client shall pay to the Bartender a non-refundable retainer fee in the amount of $________ (________), due upon execution of this Agreement, which shall be credited against the total amount due.
15. The remaining balance of the total compensation shall be due and payable on or before ________.
16. All payments shall be made to the following person and address:
________
________
17. Any Services requested that exceed the contracted time period and that are granted by the Bartender will be charged at the rate of $________ per hour. It may not be possible to provide additional bartending time, and requests for extended service will be accommodated only when feasible and at the sole discretion of the Bartender.
18. If any invoice or payment is not paid when due, the Client shall be charged a late fee of $________ (________), and any unpaid balance shall accrue interest at the rate of ________% per month, or the maximum rate permitted by applicable law, whichever is less.
19. In addition to any other right or remedy provided by law, if the Client fails to pay for the Services when due, the Bartender may treat such failure as a material breach of this Agreement and may cancel this Agreement and/or pursue any and all available legal and equitable remedies.
§ VI. CANCELLATION POLICY.
20. Cancellation of this Agreement by the Client which is received in writing at least ________ prior to the scheduled start date will result in a refund of any monies paid, less the non-refundable retainer fee. Cancellation by the Client received less than ________ prior to the scheduled start date shall obligate the Client to pay the full remaining balance of the total fees agreed upon.
21. Cancellation by the Bartender shall result in a full refund to the Client of all monies paid to the Bartender, including any retainer fee paid.
§ VII. CONFIDENTIALITY.
23. The obligations of this Section shall survive the expiration or termination of this Agreement.
24. Upon expiration or termination of this Agreement, the Bartender shall return to the Client all records, notes, documentation, tools, and other items that were used, created, or controlled by the Client during the term of this Agreement.
§ VIII. INSURANCE.
25. The Bartender shall, at the Bartender's sole expense, maintain in full force and effect during the term of this Agreement general liability insurance, and where applicable liquor liability insurance, in an amount of not less than $________ per occurrence, and shall provide the Client with a certificate of insurance evidencing such coverage upon request.
§ IX. INDEMNIFICATION.
27. To the fullest extent permitted by law, the Client agrees to indemnify, defend, and hold harmless the Bartender from and against any and all claims, losses, expenses, fees (including reasonable attorneys' fees), costs, and judgments arising out of the Client's failure to obtain required permits or licenses, the condition of the premises, or the acts or omissions of the Client or the Client's guests.
§ X. LIMITATION OF LIABILITY.
28. Except for obligations of indemnification and breaches of confidentiality, in no event shall either Party be liable to the other for any indirect, incidental, consequential, special, or punitive damages. The Bartender's aggregate liability arising out of or relating to this Agreement shall not exceed the total amount paid by the Client to the Bartender hereunder.
§ XI. WARRANTY.
29. The Bartender shall provide the Services and meet the Bartender's obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the Services that meet generally acceptable standards in the Client's community and region, and shall provide a standard of care equal to, or superior to, care used by similar bartenders on similar engagements.
30. The Bartender shall be familiar with all federal, state, local, and municipal regulations, policies, laws, and guidelines applicable to the service of alcohol.
31. The Bartender shall not consume or use any illegal substances or alcoholic beverages while performing the Services.
§ XII. DEFAULT.
32. The occurrence of any of the following shall constitute a material default under this Agreement:
a. the failure to make a required payment when due;
b. the insolvency or bankruptcy of either Party;
c. the subjection of any of either Party's property to any levy, seizure, general assignment for the benefit of creditors, or application or sale for or by any creditor or governmental agency; or
d. the failure to make available or deliver the Services in the time and manner provided for in this Agreement.
§ XIII. REMEDIES.
33. In addition to any and all other rights a Party may have available according to 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.
34. Such notice shall describe with sufficient detail the nature of the default.
35. The Party receiving such notice shall have ________ days from the effective date of such notice to cure the default(s). Unless waived by the Party providing notice, the failure to cure the default(s) within such time period shall result in automatic termination of this Agreement.
§ XIV. FORCE MAJEURE.
36. If performance of this Agreement or any obligation hereunder is prevented, restricted, or interfered with by causes beyond either Party's reasonable control ("Force Majeure"), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event.
37. The term "Force Majeure" shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, epidemics or pandemics, governmental orders or acts of military or civil authority, national emergencies, insurrections, riots, wars, strikes, lock-outs, or work stoppages.
38. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or cease.
39. An act or omission shall be deemed within the reasonable control of a Party if committed, omitted, or caused by such Party, or its employees, officers, agents, or affiliates.
§ XV. ASSIGNMENT.
40. Neither Party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other Party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and permitted assigns.
§ XVI. ENTIRE AGREEMENT.
41. This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement.
42. This Agreement supersedes any prior written or oral agreements between the Parties.
§ XVII. SEVERABILITY.
43. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
44. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
§ XVIII. AMENDMENT.
45. This Agreement may be modified or amended only in a writing signed by both Parties.
§ XIX. GOVERNING LAW AND VENUE.
46. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles.
47. The Parties agree that any dispute arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in ________ County, State of ________, and each Party consents to the personal jurisdiction of such courts.
§ XX. NOTICE.
48. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph of this Agreement or to such other address as one Party may have furnished to the other in writing.
§ XXI. WAIVER OF CONTRACTUAL RIGHTS.
49. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
§ XXII. COUNTERPARTS.
50. 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 instrument. Signatures transmitted electronically or by facsimile shall be deemed valid and binding.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date first written above.
_________________________________
________, Client
Date: ________
_________________________________
________, Bartender
Date: ________
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