Free Catering Contract

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Catering Contract

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Catering Contract Page of
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CATERING CONTRACT

THIS CATERING CONTRACT (the "Agreement") is dated this ________ day of ________________, ________.

Client

____________________________________________________
(the "Client")

Caterer

____________________________________________________
(the "Caterer")
  1. BACKGROUND
  2. The Client requires catering for a single event (the "Event") and is of the opinion that the Caterer has the necessary qualifications, experience and abilities to provide catering services to the Client.
  3. The Caterer is agreeable to providing such catering services to the Client on the terms and conditions set out in this Agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Caterer (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:

  1. Services Provided
  2. The Client hereby agrees to engage the Caterer to provide the Client with the following catering services (the "Services"):
    1. _______________________________________________________________
      _______________________________________________________________.

  3. The venue for the Event and delivery of the Services is:
    • _______________________________________________________________
      _______________________________________________________________.

  4. The time for the Event and delivery of the Services is:
    • _______________________________________________________________
      _______________________________________________________________.

  5. The Services will also include any other catering tasks which the Parties may agree on. The Caterer hereby agrees to provide such Services to the Client.
  6. Term of Agreement
  7. This Agreement is of full force and effect from the date of this Agreement until the Event is over.
  8. Performance
  9. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
  10. Currency
  11. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).
  12. Payment
  13. The Caterer will charge the Client a flat fee of $0.00 for the Services (the "Payment").
  14. The Client will be invoiced when the Services are complete.
  15. Invoices submitted by the Caterer to the Client are due within 30 days of receipt.
  16. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Caterer will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part of the Caterer.
  17. The Payment as stated in this Agreement does not include sales tax, or other applicable duties as may be required by law. Any sales tax and duties required by law will be charged to the Client in addition to the Payment.
  18. Confidentiality
  19. Confidential information (the "Confidential Information") refers to any data or information relating to either Party, whether business or personal, which would reasonably be considered to be private or proprietary to the owning Party and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the owning Party.
  20. The Parties each agree that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information belonging to the other Party which they have obtained through the operation of the Agreement, except as authorised by that Party or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
  21. Ownership of Intellectual Property
  22. All intellectual property, including recipes, formulas or similar related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.
  23. The Caterer may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Caterer will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
  24. Return of Property
  25. Upon the expiry or termination of this Agreement, the Caterer will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
  26. Capacity/Independent Contractor
  27. In providing the Services under this Agreement it is expressly agreed that the Caterer is acting as an independent contractor and not as an employee. The Caterer and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
  28. Autonomy
  29. Except as otherwise provided in this Agreement, the Caterer will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Caterer will work autonomously and not at the direction of the Client. However, the Caterer will be responsive to the reasonable needs and concerns of the Client.
  30. Equipment
  31. Except as otherwise provided in this Agreement, the Caterer will provide at the Caterer’s own expense, any and all foods and menu items, utensils, cutlery, tableware, napkins, workwear, and any other supplies necessary to deliver the Services in accordance with the Agreement.
  32. No Exclusivity
  33. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, before or after the Event, to engage or contract with third parties for the provision of services similar to the Services.
  34. Notice
  35. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following addresses:
    1. ______________________
      ______________________________
    2. ______________________
      ______________________________

    or to such other address as either Party may from time to time notify the other.

  36. Indemnification
  37. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
  38. Modification of Agreement
  39. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorised representative of each Party.
  40. Time of the Essence
  41. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
  42. Assignment
  43. The Caterer will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
  44. Entire Agreement
  45. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
  46. Enurement
  47. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
  48. Titles/Headings
  49. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
  50. Gender
  51. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  52. Governing Law
  53. This Agreement will be governed by and construed in accordance with the laws of the Australian Capital Territory.
  54. Severability
  55. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
  56. Waiver
  57. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

_______________________________
______________________ (Client)
_______________________________
______________________ (Caterer)
Catering Contract Page of
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Last Updated 06 August 2025

What is a Catering Contract?

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A Catering Contract is a service agreement between a caterer and a client that outlines payment terms, services, menus, and more. A caterer can use a contract for a single event or multiple events, such as weekly lunches for a business. 

LawDepot’s Catering Contract is suitable for both established businesses and start-ups. Caterers typically offer the draft contract to their clients. You can use this document to provide catering services for any event, such as weddings, family reunions, or corporate events. 

What can catering services include?

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Catering is the professional service of providing food and drink at an event or gathering. Caterers are often responsible for creating menus, preparing and serving food, cleaning up, and coordinating with the venue. Services may also include providing drinks, tableware, linens, and service staff.

There are three common types of catering scenarios: 

  • On-site catering occurs at a venue that has in-house food and drink services.
  • Off-site catering takes place at a third-party venue, such as an event hall or home, where the caterer is responsible for bringing food, staff, and equipment. 
  • Food trucks have become more popular in the past several years, and contracts for that kind of service typically use a different payment model.

What is a catering license?

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In Australia, anybody who professionally prepares or cooks food for events must acquire a catering food business licence. A catering licence is a document that grants a business permission to provide catering services.

Each state or territory has its own regulations for food business licensing, including catering.  Failure to comply with food safety legislation can result in fines and prosecution.

The licences you require will depend on your location and business specifications. For example, if your catering company supplies alcohol, that will require additional licensing.

Apply for the appropriate licences through your local council. You may also need a licence from your state or territory if you run a mobile catering company (such as a food truck).

Why do I need a Catering Contract?

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A Catering Contract establishes the relationship between the client and the catering provider. The document should define the service, the contract price or payment rate, both parties' responsibilities, and the duration of the contract. A Catering Contract minimizes the chance of a misunderstanding or dispute between the parties.

Conducting a service without a written Catering Contract can lead to misunderstandings and other problems. For example, imagine a situation where a caterer purchases thousands of dollars worth of food and hires additional staff for a large event of 500 people. The caterer and client had agreed on a fair price for the service, in which the caterer accepted a 20% deposit. The remaining amount would be paid following the event, but the agreement was strictly verbal.

After the event, the client disputes the remaining balance. Unfortunately, the caterer doesn’t have documentation proving the outstanding fees.

By outlining the contract in written form, both parties gain a mutual understanding of their obligations. A Catering Contract gives either party leverage to insist the other party uphold their end of the arrangement. With a written, signed contract, it is much easier to establish the terms of the contract in court, or avoid court altogether.

How do I write a Catering Contract?

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You can create a Catering Contract for a single event, multiple events, or regularly scheduled catering. Our simple, step-by-step questionnaire will customise a Catering Contract to reflect your event. The details required are as follows: 

Event and catering information

Specify the state or territory where the service will take place. LawDepot tailors the Catering Contract to reflect your location. Provide the full address of the venue with the start and end time of the event(s).

Add details of additional services, such as linen rental, menu requests, event preparation, and clean-up. Be clear and specific when describing these tasks. Include any essential dates within the document.

There are also some catering menu and guest details you may wish to include:

  • Specific menu requests 
  • Deadlines for menu changes
  • Deadlines for final guest numbers 

Party information

A Catering Contract must include information for both the caterer and the client. LawDepot’s template will prompt you by asking whether each party is an individual or a business. Provide the name and address of each. 

Billing and payment information

Regarding billing, our template asks you to choose between a flat fee or an hourly rate. Flat fees are more common with an individual event. Include additional information, such as: 

  • If a deposit is required, and if so, the amount 
  • When the client must submit the payment 
  • If late payments will incur any interest

The Catering Contract will also include whether the client or caterer pays the superannuation guarantee contributions. Superannuation is money put aside to access after retirement. If the Caterer is a company, then the Caterer is responsible for paying the superannuation guarantee contributions for its employees.

If the caterer is an independent contractor, the Client may be required to pay superannuation. The local taxation office can consult on the situation if the contract does not specify who is responsible for superannuation. 

Cancellation rules

Specify whether either party can cancel the contract. If the contract allows cancellation, specify how many days the cancelling party has to provide written notice.

Most short-term contracts require seven days’ notice, and long-term contracts require 15 to 30 days’ notice.  

Intellectual property and confidentiality terms

Menus and recipes can be intellectual property. A Catering Contract should specify whether the client or caterer owns the right to intellectual property. 

Sensitive information may be shared between the parties over the course of the contract. The contract should also specify whether the parties have a duty towards each other not to reveal this information. A confidentiality clause prevents each party from disclosing confidential information. 

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