Catering Agreement - Template, Sample Form to Complete Pro · US-law

CATERING SERVICES AGREEMENT

State of ________

This Catering Services Agreement (the "Agreement") is entered into and made effective as of ________ (the "Effective Date"), by and between the following parties:

________ ("Caterer"), a ________ organized under the laws of the State of ________, having its principal place of business at the following address:

________

and

________ ("Client"), a ________ organized under the laws of the State of ________, having its principal place of business at the following address:

________

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

RECITALS

WHEREAS, Client wishes to retain Caterer to provide certain Catering Services (as defined below);

WHEREAS, Caterer has the skills, qualifications, experience, and expertise required to provide the Catering Services to the Client;

WHEREAS, Caterer wishes to render such Catering Services to Client.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

§ 1. DEFINITIONS

As used in this Agreement:

(a) "Event" means the following specific event at which the Caterer will provide the Catering Services:

________

(b) "Catering Services" means the following specific services that the Caterer will provide to the Client under the terms and conditions set forth herein:

________

(c) "Event Details" means the following specific details regarding the Event:

Type of Event: ________
Date of Event: ________
Time of Event: ________
Address of Event: ________
Number of People: ________

(d) "Fees" means the payment Client will pay to Caterer for the rendering of the Catering Services, calculated as follows:

$________ per person (________ per person), for an estimated total of $________.

§ 2. ENGAGEMENT

Subject to the terms and conditions of this Agreement, Caterer agrees to render the Catering Services to Client at the Event described herein, utilizing all of the Event Details as directed, and Client agrees to pay Caterer the Fees required for the Catering Services.

§ 3. MENU

The menu Caterer shall serve is as follows (the "Menu"):

________

Caterer shall be permitted to make minor substitutions to the Menu where particular ingredients cannot be obtained after reasonable effort, provided that any substituted items are of comparable quality and value. Client shall be responsible for advising Caterer in writing of all food allergies, dietary restrictions, and special dietary requirements of guests prior to the Event.

§ 4. STAFF AND EMPLOYEES

Caterer shall provide qualified staff and employees as reasonably necessary to perform the Catering Services. Caterer anticipates utilizing the following staff or employees to assist in the provision of the Catering Services:

________

All staff and employees engaged by Caterer shall remain the employees or agents of Caterer, and Caterer shall be solely responsible for their compensation, withholding taxes, workers' compensation, and other employment-related obligations.

§ 5. FEES AND PAYMENT

Client agrees to pay Caterer the Fees, as outlined in this Agreement, for the provision of the Catering Services, subject to the following terms and conditions:

(a) Deposit: A non-refundable deposit in the amount of $________ (________) is due upon execution of this Agreement and shall be credited against the total Fees.

(b) Payment Due: The balance of the Fees and all other amounts due shall be payable as follows:

________

(c) Method of Payment: Caterer will accept the following forms of payment:

________

(d) Late Payment: Any amount not paid when due shall bear interest at the rate of ________% per annum, or the maximum rate permitted by applicable law, whichever is lower, from the due date until paid in full.

(e) Expenses: Caterer is permitted to charge for all reasonable and necessary costs and expenses incurred in performing the Catering Services, including but not limited to travel, equipment rental, and service charges, subject to the prior agreement of the Client.

(f) Taxes: All charges payable under this Agreement are exclusive of any sales, use, excise, or other taxes, surcharges, or amounts assessed by any state or federal government authority. Taxes imposed upon or required to be paid by Client or Caterer shall be the sole and exclusive responsibility of each, respectively.

§ 6. COST FLUCTUATION

Client understands and acknowledges that the cost of Menu items and ingredients may fluctuate. If costs increase to the extent that it is no longer commercially reasonable for Caterer to perform the Catering Services at the agreed Fees, Client agrees that Client may, at its election:

(a) Cover any additional cost; or

(b) Substitute other Menu items of comparable quality.

Caterer shall provide Client with written notice of any such cost fluctuation prior to incurring additional costs.

§ 7. EVENT CHANGES

Changes to the number of guests, Menu items requested, dates, or venue must be made no later than the following period of time before the Event: ________. Any changes requested after this deadline will be subject to a penalty charge as follows:

________

The final guaranteed guest count shall be provided by Client no later than ________ before the Event, and Fees shall be calculated on the basis of the guaranteed count or the actual number served, whichever is greater.

§ 8. CANCELLATION

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

________

Any notice of cancellation shall be provided in writing in accordance with § 15(K).

§ 9. COMPLIANCE

Caterer shall comply with all applicable local, state, and federal laws, regulations, and ordinances governing the preparation, handling, and service of food, including but not limited to applicable food safety and sanitation requirements and the maintenance of all required licenses and permits. Caterer represents that it holds all licenses and permits necessary to perform the Catering Services.

§ 10. WARRANTIES

Caterer represents and warrants that it will perform the Catering Services in a professional and workmanlike manner, using reasonable care and skill consistent with the standards generally expected of a caterer in its field. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CATERER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

§ 11. LIMITATION OF LIABILITY

In no event shall Caterer be liable to Client for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to this Agreement or the Catering Services, even if Caterer has been advised of the possibility of such damages.

Caterer's total aggregate liability arising out of or related to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amount of Fees actually paid by Client to Caterer under this Agreement.

§ 12. INDEMNIFICATION AND INSURANCE

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Caterer shall maintain general liability insurance in an amount of not less than $________ throughout the duration of the Parties' relationship, and shall furnish a certificate of insurance upon Client's reasonable request.

§ 13. TERM AND TERMINATION

This Agreement shall commence on the Effective Date and, unless earlier terminated as provided herein, shall terminate upon the conclusion of the Event.

This Agreement may 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.

Caterer may terminate this Agreement immediately, with no notice period, upon written notice if Client fails to pay any requisite Fees when due.

If this Agreement is terminated before the conclusion of the Event, Client agrees to pay for all Catering Services rendered up to the date of termination, and for all expenditures due for payment after the date of termination in respect of commitments reasonably made and incurred by Caterer in connection with the rendering of Catering Services prior to the date of termination.

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

§ 14. RELATIONSHIP OF THE PARTIES

The Parties agree that the relationship between Caterer and Client is that of an independent contractor. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the Parties. Neither Party has the authority to bind the other or to incur any obligation on the other's behalf without the prior written consent of the other Party.

§ 15. GENERAL PROVISIONS

(A) GOVERNING LAW: 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, and any applicable federal law. Both Parties consent to the exclusive jurisdiction of the state and federal courts located in ________ County, State of ________. The Parties agree that this choice of law, venue, and jurisdiction provision is mandatory and not permissive in nature.

(B) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

(C) ASSIGNMENT: 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.

(D) AMENDMENTS: This Agreement may be amended only by a writing signed by both Parties.

(E) NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only a subsequent written agreement can constitute a waiver of any of the terms of this Agreement. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute a waiver of such term or any other term.

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(G) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral, relating to its subject matter.

(H) HEADINGS: Headings in this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.

(I) COUNTERPARTS: This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same agreement.

(J) FORCE MAJEURE: Caterer shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil or military authorities, riots, embargoes, epidemics or pandemics, governmental orders, acts of nature and natural disasters, and other unforeseen circumstances.

(K) NOTICES; ELECTRONIC COMMUNICATIONS PERMITTED: Any notice to be given under this Agreement shall be in writing and shall be sent by first-class mail, airmail, or email to the address of the relevant Party set out at the head of this Agreement, or to the relevant email address set out below, or to such other address as that Party may from time to time notify the other Party in accordance with this clause. The relevant contact information for the Parties is as follows:

Caterer:

________

Client:

________

Notices sent as above shall be deemed to have been received three (3) working days after the day of posting (in the case of first-class mail), seven (7) working days after the date of posting (in the case of airmail), or on the next working day after sending (in the case of email).

In proving the giving of a notice, it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of electronic communication was properly addressed and dispatched and that dispatch of the transmission was confirmed and/or acknowledged, as the case may be.

EXECUTION

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CATERER
Name: ________

Representative Name: ________

Representative Title: ________

Representative Signature: _____________________

Date: ________

CLIENT
Name: ________

Representative Name: ________

Representative Title: ________

Representative Signature: _____________________

Date: ________