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 NZD (New Zealand Dollars).
  12. Payment
  13. The Caterer will charge the Client a flat fee of $__________ 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 GST, or other applicable duties as may be required by law. Any GST 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 the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
  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 New Zealand.
  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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What is a Catering Contract?

A Catering Contract is a service agreement between a caterer and their client which is suitable for catering services covering one or more specific events, or for hiring a regular catering service for your business.

You can use a Catering Contract for any type of catering service, including:

  • Wedding catering
  • Party catering
  • Food truck catering
  • Restaurant catering services
  • Home catering
  • Other event catering

A Catering Contract is also known as a:

  • Catering services contract
  • Catering agreement

What is catering?

Catering is the professional service of providing food and/or drink at an event or gathering. Catering providers are also often responsible for:

  • Creating a food menu based on the client’s preferences and budget
  • Coordinating with the scheduling of an event
  • Preparing and serving the food
  • Transporting the food
  • Setting up the serving area
  • Cleaning up
  • Providing catering equipment

What is the difference between catering and delivery?

Food delivery is when food is brought to another location, and the service ends there. If you order food delivery, the food arrives in to-go containers and you serve yourself.

On the other hand, catering is when the food is brought to another location and served by the catering provider. Usually, large parties are catered. A catering service may also include setting up a serving area and providing equipment and supplies, such as food warmers or cutlery.

Catering is typically ordered in advance and takes time to plan and prepare. Delivery can often arrive within an hour of someone placing the order.

Why is a Catering Contract important?

A Catering Contract establishes the relationship between the client and the catering provider. The document should define the service to be provided, the contract price or payment rate, the responsibilities of both parties and the length of the agreement.

By outlining important details relating to the catering ahead of time, both parties gain a mutual understanding of their role. Clarity helps avoid misunderstandings and legal disputes. A Catering Contract gives either party leverage to insist the other party uphold their end of the arrangement. With a written, signed contract, it’s much easier for a litigant, as a matter of evidence, to establish the terms of the contract in court.

How do I write a Catering Contract?

You can create a Catering Contract for a single event, multiple events or regular scheduled catering. Our simple Catering Contract template will help you create a complete and legally sound document. Follow these steps to ensure you create your document properly:

1. Provide catering details

Provide a brief description of the caterer’s services (e.g., prepare table settings, decorate the banquet hall, supply catering equipment, and cook and serve the agreed-upon menu items for the banquet). Be clear and specific when describing the tasks required, and indicate any important dates.

Provide the full address of the venue along with the time (e.g., 1-5 January 2023, from 11:00 am to 2:00 pm every day).

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

  • Determine if the client may request specific menu items
  • Decide if you wish to specify a deadline for changes to the menu
  • Decide if you wish to specify a deadline to confirm the number of guests

2. Provide details for both parties

Begin with providing the caterer's name and address. The caterer can be an individual or organisation.

Next, provide the client’s name and address. The client can also be an individual or organisation.

3. Provide the billing details

The billing options available depend on the duration of the contract. A flat fee is often suitable for a one-off event, but an hourly, weekly or monthly rate will be needed for longer term contracts with periodic payments. If the caterer requires a deposit, enter the amount here.

Next, for contracts where payment will be periodical, set the frequency of payment. Additionally, determine when the client is required to pay the invoice. Typically, 15-30 days after the client receives the invoice is enough time. You can also decide to set an interest rate on late payments. Reasonable late payment charges are up to 25% per year on unpaid sums. Legislation prohibits extortionate interest rates, even if the parties agree to them.

4. Establish contract terms

To ensure that your contract suits your needs, be sure to address the following terms.

Cancelling the contract

Sometimes events have to be cancelled. Decide whether either party may cancel the contract and how much notice is required.

For longer term contracts, or contracts of indefinite duration, there must be a mechanism for ending the contract.Typically, one week's notice is sufficient for most short-term contracts. If the contract is for more than a few months, it’s better to require a notice of at least 15-30 days.

Intellectual property

Determine who will own any intellectual property (such as recipes and menus) created under this contract. Intellectual property is any work that is a creation of the mind. The client can own intellectual property, or the caterer can retain ownership.

Confidentiality

During some contracts, parties may exchange confidential information. Confidential information refers to any of the client's business or personal information that isn’t publicly available. If this is relevant to your arrangement, decide whether obligations of confidentiality will last indefinitely or only until the end of the agreement. Bear in mind that information which is considered a trade secret must always be kept confidential.

5. Include additional clauses

If your contract requires it, you may draft and add your own custom clauses. Most contracts don’t need additional clauses. However, if you wish to include any terms that aren’t addressed above, this is the place to include them.

6. Sign the contract

If you know when both parties will sign the contract, you can include the date. You can include witness signatures if you like, though it isn’t a legal requirement. However, including witness signatures gives the document more credibility if you later need to rely on it in court.

A witness should be an adult who doesn’t have any interest in the agreement and is capable of understanding the witnessing process.

What is a typical catering deposit?

The amount of a catering deposit will depend on the circumstances of the job. For example, a couple getting married may wish to serve a special dish at their wedding that may require the caterer to preorder the item in advance. On the other hand, a deposit probably won’t be relevant in a contract for a caterer running a canteen in an office building.

A standard catering deposit will typically be between 10-50% of the total catering bill. Caterers should determine how much of the deposit is refundable in the event that the client cancels the event. For example, if a client cancels within one month of the event, the deposit may be fully refundable. However, if they cancel within a week of the event, the caterer may determine that they will not return the deposit. Whatever the caterer decides, it’s important to communicate this information clearly when the client submits the deposit.

Related documents:

  • Demand Letter: Create a written request to demand a payment or action or to reach a settlement outside of court in order to quickly resolve a legal matter).
  • Subcontractor Agreement: Create a written contract that spells out the terms of the working arrangement between a contractor and client.
  • Contract Addendum: Make changes to an existing contract or agreement without invalidating it.
  • Independent Contractor Agreement: Create a contract between an independent contractor and a client that outlines the terms and conditions of the service or work provided.
  • Consulting Agreement: Create a written contract stating the terms of service between a consultant and client.
  • Service Agreement: Create a written contract that describes the terms of service provided by a service provider and a customer.
  • Cleaning Services Agreement: Outline the terms and conditions of cleaning services offered to a client by a contractor.
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