This catering services agreement is between
The Caterer is actively engaged in the business of furnishing goods and services, including food, beverages, and wait staff, in connection with meetings, conferences, parties, and other functions such as those conducted by the Client. The Client wishes to engage the Caterer as an independent contractor to furnish catering and associated services
The parties therefore agree as follows:
1. ENGAGEMENT; SERVICES.
- (a) Engagement. The Client retains the Caterer to provide, and the Caterer shall provide, the following catering services (the "Services"):
. The Services are ongoing, and will be provided daily semi-weekly weekly monthly , starting on on . - (b) Services. Without limiting the scope of Services described in subsection(a), the Caterer shall:
- (i) perform the Services at
, , , (the "Event Location") and as specified in the catering information sheet attached as Exhibit A and to be completed in accordance with this agreement. However, if a conflict exists between this agreement and the catering information sheet, the terms in this agreement will control; - (ii) devote as much productive time, energy, and ability to the performance of the Caterer's duties under this agreement as may be necessary to provide the required Services in a timely and productive manner;
- (iii) perform the Services in a safe, good, and workmanlike manner by fully trained, skilled, competent, and experienced personnel using at all times adequate equipment in good working order;
- (iv) communicate with the Client about progress the Caterer has made in performing the Services;
- (v) supply all tools, equipment, and supplies required to perform the Services, except if the Caterer's work must be performed on or with the Client's equipment;
- (vi) ensure that all materials and equipment furnished to the Caterer's personnel are of good and merchantable quality, unless otherwise agreed by the Client;
- (vii) provide insurance coverage (including liquor liability insurance, if applicable) for the Caterer and its staff and present evidence of that insurance to the Client on request;
- (viii) provide services (including the Services) and end products that are satisfactory and acceptable to the Client and free of defects; and
- (ix) remove, replace, or correct all or any portion of the work or end products found defective or unsuitable, without additional cost or risk to the Client;
- (x) leave the Event Location and the space surrounding the Event Location as found initially, and make all necessary arrangements for clean-up and removal of all items not belonging to the Client;
- (xi) not affix decorations, banners, and signs to any interior or exterior walls, doors, windows, partitions, or any other fixture without the Client's prior approval;
- (xii) dispose of trash properly of and place trash in dumpsters provided and designated by the Client;
- (xiii) recruit, hire, and train all food and beverage employees, including chefs, waiters, and bartenders, and the Client need not hire, supervise, or pay those assistants to help the Caterer perform those services; and
- (xiv) subject to section 7 below, supply all inventory, tools, equipment, supplies, and personnel required to perform the Services under this agreement.
The Caterer may use the kitchenette at the Event Location to store goods to be served or used during an Event. the Event. The Caterer shall supply this inventory, tools, equipment, and personnel timely and may leave nothing at the Event Location afteran the Event without the Client's prior written approval.
- (i) perform the Services at
- (c) Legal Compliance. The Caterer shall perform the Services in accordance with standards prevailing in the Client's industry, and in accordance with applicable laws, rules, or regulations. The Caterer shall obtain all permits or permissions required to comply with those standards, laws, rules, or regulations, including those concerning alcoholic beverages, fire, private personnel services, wage and hours, food service, and workers' compensation, and the Caterer shall obtain all permits or permissions required to comply with these standards, laws, rules, or regulations.
- (d) Client's Obligations. The Client shall:
- (i) make timely payments of amounts earned by the Caterer under this agreement;
- (ii) notify the Caterer of any changes to its procedures affecting the Caterer's obligations under this agreement at least 30 days before implementing those changes;
- (iii) give the Caterer access to the buildings and facilities at the Event Location, which will
not include the use of the Client's food productionor and clean up facilities, and , or the use of the Client's vehicles and personnel; - (iv) provide access to the Event Location for at least
hours after the an Event; - (v) make reasonable efforts to accommodate the Caterer's electrical needs, grant access to potable water, and provide vehicular access to the service location; and
- (vi) satisfy all of the Caterer's reasonable requests for assistance in its performance of the Services.
2. TERM AND TERMINATION.
- (a) Term. This agreement will become effective as described in section 25. Unless it is terminated earlier in accordance with subsection (b), this agreement will continue until the Services have been satisfactorily completed and the Caterer has been paid in full for those Services (the "Term").
- (b) Termination. This agreement may be terminated:
- (i) by either party on provision of
days' written notice to the other party, with or without cause; - (ii) by either party for a material breach of any provision of this agreement by the other party, if the other party's material breach is not cured within
days of receipt of written notice of the breach; - (iii) by the Client at any time and without prior notice, if the Caterer is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directives of the Client, or is guilty of serious misconduct in connection with performance under this agreement;
- (iv) by the Caterer, immediately on written notice, if the Caterer cannot accommodate a Material Event Change (as defined in section 7 below)
; ; or - (v) by the Caterer, on provision of
days' written notice to the Client, if the Client does not pay the Deposit ; or . (vi) automatically, on the death of the Caterer.
- (i) by either party on provision of
- (c) Effect of Termination. After the termination of this agreement for any reason, the Client shall promptly pay the Caterer for Services rendered before the effective date of the termination. No other compensation, of any nature or type, will be payable after the termination of this agreement.
3. COMPENSATION.
- (a) Initial Estimate. At least 30 days before
each the Event, the Client shall complete a copy of the catering information sheet (the "Information Sheet") attached as Exhibit A. Within five days of its receipt of this Information Sheet, the Caterer shall provide an initial estimate (the "Initial Estimate") of the Caterer's charges forthe that Event, which will include an itemization of all costs and fees for services requested by the Client. - (b) Deposit. On or before the effective date of this agreement, the Client shall provide a nonrefundable deposit (the "Deposit") to the Caterer to secure the date of the
first Event.The Client shall provide additional Deposits at least 10 days before each additional event. The Deposit will be% of the Initial Estimate. - (c)
Final Invoice.Within 5 days after the Event, the Caterer shall provide the Client with a final invoice (the "Final Invoice"), which will include an itemized list of all costs and fees actually incurred by the Client in connection with the Event. The Client shall pay the Caterer the balance of the Final Invoice (less any payments, including the Deposit, previously made) within 30 days of receiving it. The Caterer shall provide invoices requesting compensation within days after each Event. The Caterer shall pay each invoice within 30 days of receiving it. - (d) No Payments in Certain Circumstances. No payment will be payable to the Caterer under any of the following circumstances:
- (i) if prohibited under applicable government law, regulation, or policy;
- (ii) if the Caterer did not directly perform or complete the Services;
- (iii) if the Caterer did not perform the Services to the reasonable satisfaction of the Client; or
- (iv) if the Services performed occurred after the expiration or termination of the Term, unless otherwise agreed in writing.
- (e) No Other Compensation. The compensation set out above will be the Caterer's sole compensation under this agreement.
- (f) Expenses. Any ordinary and necessary expenses incurred by the Caterer or the Caterer's staff in the performance of this agreement will be the Caterer's sole responsibility.
- (g) Taxes. The Caterer is solely responsible for the payment of all income, social security, employment-related, or other taxes incurred as a result of the performance of the Services by the Caterer under this agreement, and for all obligations, reports, and timely notifications relating to those taxes. The Client has no obligation to pay or withhold any sums for those taxes.
- (h) Other Benefits. The Caterer has no claim against the Client under this agreement or otherwise for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
4. NATURE OF RELATIONSHIP.
The relationship of the parties under this agreement is one of independent contractors, and no joint venture, partnership, agency, employer-employee, or similar relationship is created in or by this agreement. Neither party may assume or create obligations on the other party's behalf, and neither party may take any action that creates the appearance of such authority.
5. MENU.
The parties shall agree on the menu of food to be provided for an Event at least
6. NUMBER OF ATTENDEES.
At least
7. MATERIAL EVENT CHANGES.
The Client acknowledges that any change to the time, date, or location of
- (a) cause the Caterer to become unable or unavailable to provide the Services;
- (b) impact the quality of the Services; or
- (c) result in a need for the provision of services in addition to the Services.
The Caterer shall make reasonable efforts to accommodate a Material Event Change. If the Caterer cannot accommodate a Material Event Change, the Caterer may, at the Caterer's sole option, terminate this agreement on provision of written notice to the Couple. If the Caterer can accommodate a Material Event Change, but only by providing services in addition to the Services, these additional services and any associated costs will be determined and agreed to by the parties at the time of that Material Event Change.
8. ADDITIONAL SERVICES.
If the Client wants to buy additional services offered by the Caterer, and the Caterer agrees and can fulfill that request, the Client will complete an amended Information Sheet and the Caterer will provide an additional cost estimate based on that information. The Caterer will bill for any agreed-on additional services as provided in section 3(c) above.
9. PROMOTIONAL RIGHTS.
The Client hereby grants the Caterer the limited perpetual right to use, publish, and exhibit, on the internet and in other publications, any digital images or photographs of the Client taken at
10. OUTSIDE FOOD AND BEVERAGES.
Neither the Client nor its guests may bring any food or beverages into
11. EQUIPMENT.
12. OTHER ACTIVITIES.
During the Term, the Caterer may engage in other independent contracting activities, except that the Caterer may not accept work, enter into contracts, or accept obligations inconsistent or incompatible with the Caterer's obligations or the scope of Services to be rendered for the Client under this agreement.
13. RETURN OF PROPERTY.
Within 10 days
14. INDEMNIFICATION.
- (a) Of Client by Caterer. At all times after the effective date of this agreement, the Caterer shall indemnify the Client and its
subcontractors, officers, members, managers , employees, owners, sublicensees, affiliates, subsidiaries, and successors, and assigns (collectively, the "Client Indemnitees ") from all damages, liabilities, expenses, claims, or judgments (including interest, penalties, reasonable attorneys' fees, accounting fees, and expert witness fees) (collectively, the "Claims") that any Client Indemnitee may incur and that arise from:- (i) the Caterer's gross negligence or willful misconduct arising from the Caterer's carrying out of the Caterer's obligations under this agreement;
- (ii) the Caterer's breach of any of the Caterer's obligations or representations under this agreement; or
- (iii) the Caterer's breach of any express representation that the Caterer is an independent contractor and in compliance with all applicable laws related to work as an independent contractor. If a regulatory body or court of competent jurisdiction finds that the Caterer is not an independent contractor or is not in compliance with applicable laws related to work as an independent contractor, based on the Caterer's own actions, the Caterer will assume full responsibility and liability for all taxes, assessments, and penalties imposed against the Caterer or the Client resulting from that contrary interpretation, including taxes, assessments, and penalties that would have been deducted from the Caterer's earnings if the Caterer had been on the Client's payroll and employed as a Client employee.
- (b) Of Caterer by Client. At all times after the effective date of this agreement, the Client shall indemnify the Caterer and its
officers, members, managers, employees, agents, contractors,sublicensees, affiliates, subsidiaries, successors, and assigns (the "Caterer Indemnitees") from all Claims that the Caterer Indemnitees may incur arising from:- (i) the Client's operation of the Client's business;
- (ii) the Client's breach or alleged breach of, or failure or alleged failure to perform under, any agreement to which the Client is a party;
- (iii) any damage, theft, or loss of the Caterer's property (including equipment, plates, utensils, or motor vehicles) occurring at
an the Event that is caused by individuals attending that Event; or - (iv) the Client's breach of any of the Client's obligations or representations under this agreement. However, the Client is not obligated to indemnify the Caterer if any of these Claims result from the Caterer's own actions or inactions.
- (c) Exclusions. The Caterer is not responsible for damages or other costs occurring because of inclement weather. Any weather that prohibits any part of
an the Event from occurring does not constitute a breach of the Caterer's obligations under this agreement. The Caterer shall use its best efforts to limit the impact of inclement weather on the quality of its Services, but may make last minute changes to ensure the overall performance of the Caterer's team and other vendors that have been retained.
15. FORCE MAJEURE.
A party will not be considered in breach or in default because of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party's reasonable control (each a "Force Majeure Event"). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:
- (a) notify the other party of the Force Majeure Event and its impact on performance under this agreement; and
- (b) use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.
16. GOVERNING LAW; ATTORNEYS' FEES.
- (a) Choice of Law. The laws of the state of
govern this agreement (without giving effect to its conflicts of law principles). - (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in
, . - (c) Attorneys' Fees. If either party employs attorneys to enforce any rights arising out of or relating to this agreement, the losing party shall reimburse the prevailing party for its reasonable attorneys' fees.
17. AMENDMENTS.
No amendment to this agreement will be effective unless it is in writing and signed by a party or its authorized representative.
18. ASSIGNMENT AND DELEGATION.
- (a) No Assignment. Neither party may assign any of its rights under this agreement, except with the prior written consent of the other party, which consent shall not be unreasonably withheld. All voluntary assignments of rights are limited by this subsection.
- (b) No Delegation. Neither party may delegate any performance under this agreement, except with the prior written consent of the other party, which consent shall not be unreasonably withheld.
- (c) Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section, it is void.
19. COUNTERPARTS; ELECTRONIC SIGNATURES.
- (a) Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
- (b) Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.
20. SEVERABILITY.
If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.
21. NOTICES.
- (a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
- (b) Addresses. A party shall address notices under this section to a party at the following addresses:
- If to the Caterer:
- If to the Client:
- (c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.
22. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
23. ENTIRE AGREEMENT.
This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.
24. HEADINGS.
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.
25. EFFECTIVENESS.
This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.
26. NECESSARY ACTS; FURTHER ASSURANCES.
Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.
[SIGNATURE PAGE FOLLOWS]
Each party is signing this agreement on the date stated opposite that party's signature.
| Date: ________________________ | By: __________________________________________________ |
| Name: |
|
| Date: ________________________ | By: __________________________________________________ |
| Name: |
[PAGE BREAK HERE]
| EXHIBIT A |
| CATERING INFORMATION SHEET |
| CLIENT INFORMATION |
| DDDDDDDDDDDDDDDDDDDDDDDD | DDDDDDDDDDDDDDDDDDDDDD | DDDDDDDDDDDDDDDDDDDDD |
|---|---|---|
| Client Name: | Department Name: | Primary Contact: |
| Street Address: | Secondary Contact: | |
| City, State, ZIP Code: | Telephone Number: | |
| ( ) - |
| EVENT INFORMATION |
| DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDd |
|---|
| Date of Event: |
| Est. Total Time of Event (please provide a minimum and maximum): |
| Timetable |
| DDDDDDDDDDDDDDDDDD | DDDDDDDDDDDDDDDDDDDDDDDD | DDDDDDDDDDDDDDDDDDDDDDDDD |
|---|---|---|
| Early setup start: | Delivery available: | Pick-up available: |
| Setup start: | Service staff arrival: | Service staff departure: |
| Time/ready: | Guest arrival: | Refreshment service: |
| Meal service: | Program: | End Time: |
[PAGE BREAK HERE]
| Food |
| DDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDD | |
|---|---|
| [ ] Breakfast | Please provide additional details about the item(s) selected: |
| [ ] Lunch | |
| [ ] Dinner | |
| [ ] Hors d'oeuvres | |
| If selected, will service be provided? | |
| [ ] Yes [ ] No | |
| [ ] Other: ________________________ |
| Beverages |
| Will the Caterer provide alcoholic beverages? [ ] Yes [ ] No |
If yes, please provide additional details about the beverage(s) to be provided: |
| Wait Staff |
| Will the Caterer provide wait staff for the Event? [ ] Yes [ ] No |
If yes, please provide the following additional details about the wait staff to be provided: Number of wait staff requested: _________ Length of time required: _________________ Additional Requirements: |
[PAGE BREAK HERE]
| Rentals Requested |
| add border | DDDDDDDDDDDDDDDDD | DDDDDDDDDD | ||
|---|---|---|---|---|
| Item | Type/style | No. of units | Cost per unit ($) | Total Cost ($) |
| [ ] Tables | ||||
| [ ] Chairs | ||||
| [ ] Tents | ||||
| [ ] Silverware | ||||
| [ ] Glassware | ||||
| [ ] Dishes | ||||
| [ ] Serving Groups | ||||
| [ ] Linens | ||||
| [ ] Fountain Station | ||||
| [ ] Espresso Machine | ||||
| [ ] Other: | ||||
| [ ] Other: | ||||
| Total: $ |
| Signature: ___________________________________________ | Date: ______________________ |
How-to guides, articles, and any other content appearing on this page are for informational purposes only, do not constitute legal advice, and are no substitute for the advice of an attorney.
Catering services agreement: How-to guide
Individuals and companies of all sizes hire caterers to provide food and other services for events. The events may range from small luncheons to large-scale wedding receptions. Caterers are hired for various reasons, including building a business image, increasing sales, or taking the pressure off a personal affair. For such events, a catering service agreement helps safeguard the interests of both parties during the agreed period. The parties can further discuss and finalize the agreement terms, including work parameters, payment, and responsibilities.
What are the key aspects to consider in a catering services agreement?
Hiring caterers with service-specific group memberships
If you are looking for a caterer, consider those who are members of certain service-specific groups (e.g., National Association of Catering Executives). It can provide additional reassurance about their work with a strong presence in their industry.
A quick tip for growing your catering business: As a caterer, you always look for ways to grow your catering services. Consider joining catering associations. Find associations for catering services and their membership criteria. They may have information about running a catering business and contacts that could be essential for your continued growth.
Obtaining licenses and permits
If you're a caterer operating in a city or state, you may need to obtain multiple licenses and permits to run your business legally. These licenses could include catering, food handlers, building health, and alcoholic beverage permits if you serve alcohol.
It's important to remember that obtaining a business license can help you avoid hefty fines and set you up for long-term success. By taking the necessary steps to become a licensed business owner, you can feel confident and secure in your operations, knowing that you are operating legally and in compliance with regulations.
If you're looking to hire a caterer, ensure they have a business or food-related permit in your area. This is an excellent method of checking the reliability and stability of the person or company you hire.
Understanding the final cost inclusions
The cost of catering services may vary from company to company and event to event. It is crucial to remember that the company hiring a caterer may be charged for different items. Some standard additional charges may be included in the catering bill, such as delivery fees, chafers/chafing fuel, gratuity (if the caterer provides the personnel), sterno, flowers, aluminum water trays, stainless steel racks, linens, coffee, and cake. It is recommended that both parties clearly understand what is included in the final cost.
Checking the health code regulations
Check health codes to determine if any regulations apply to leftover food from events; otherwise, the hosts can decide how to handle it.
Reviewing state and local laws
Many states have laws requiring catering preparations only in approved kitchen facilities. Home kitchens often need more elements to be approved for commercial use. If you are starting your catering business, you may have to rent additional facilities for food preparation. It is good to review state and local laws for additional details about the requirements in your area.
Service expectations and payment terms
Before finalizing any agreement, it is vital to determine your goals first. Your agreement should include the following details at a minimum:
- A clear description of the services provided by the caterer
- The agreed-upon amount to be paid
- The terms of payment
- Deadlines for completion
- The specific end products that are expected (if any)
Clarifying your agreement's terms and conditions before putting them in writing is crucial. It will help prevent future misunderstandings or disagreements. To avoid such challenges, an online agreement form template can give you a good headstart on your document creation process. A template can give you an idea of important terms and conditions that should be included in your catering services agreement.
To start drafting your catering services agreement, you can use LegalZoom’s catering services agreement template, which is given at the start of this page, to draft your documents.
Including relevant points
It is advisable to allow both parties to review the drafted agreement to ensure that all critical points are included. This will help to ensure that the terms and their effects on the agreement are understood.
Treating caterers as independent contractors
For reasons including requirements for health insurance coverage, liability, and taxes, a caterer must be treated as an independent contractor and not an employee of the individuals or companies it works for.
Reviewing state laws for independent contractors
Review the laws in your state that regulate independent contractors. Ensure that independent contractors are treated fairly and that their rights are protected according to the Fair Labor Standards Act by the U.S. Department of Labor. This gives the contractors some control over their work, thus creating a better work environment for everyone involved.
Signing the agreement
Once the agreement is drafted, the parties must sign two copies. The hiring party keeps one, and the other is given to the caterer.
At the end of its term, the parties can revisit its provisions and consider renewal options as required.
Engaging a witness or notary, if required
Depending on the nature of its terms, you may consider having your agreement witnessed or notarized to limit potential future disputes over the authenticity of a party's signature.
Contacting an attorney if needed
If your agreement involves significant risks and complex terms, contact an attorney to help draft a document that meets your requirements.
Understanding the clauses of the catering services agreement
The provisions below will guide you through the terms of the catering agreement, section by section, to help you better understand the process.
Introduction
This identifies the document as a catering services agreement. Write the date on which the agreement will become effective (often when it is signed).
In this section, mention the relevant details of the involved parties and, if applicable, what type of organization(s) they are (e.g., individual or company). The hiring party shall be addressed as the "company," and the caterer is called the "caterer." If someone is personally hiring a caterer (i.e., not as part of a business or other organization), they may be addressed as the "host," "purchaser," or by their name.
Recitals
This section contains crucial background information about the parties involved in the agreement. The recitals consist of a simple statement of your intention to enter a catering arrangement.
Responsibilities
This section lists each party's responsibilities under the agreement. The caterer agrees to perform the agreed-on catering services with adequate attention and care, and the company agrees to aid in this performance by providing necessary information and guidance. Also, the host must describe the location of the event or events to the caterer to facilitate their logistical and other event-related planning.
Nature of the relationship
This section explains the caterer's relationship with the company hiring them and that the caterer is not an employee or partner. The relationship clause is critical for legal reasons, including insurance coverage requirements, liability, and taxes. The agreement clarifies the importance of maintaining a clear distinction between independent contractors and employees. It's a good idea to review the laws in your state regarding independent contractors.
Representations and warranties
This section mentions the parties' promises under the agreement, which means that the parties agree to enter the deal based on the conditions listed in this section. (e.g., each can enter the agreement and satisfy its terms).
Compensation
Initial estimate: The company must complete an initial catering information sheet requesting the services for the event to the caterer. Once the caterer receives this sheet, they will provide an initial estimate of the cost of the services. Specify the time (before and after the event) for the company to provide the information sheet and for the caterer to submit the estimate.
Deposit: This provision requires the company to pay a deposit to secure the caterer's services reservation on the event date. This is ideal for a one-time service arrangement, with only one event being considered (i.e., not a long-term arrangement contemplating multiple events).
Final invoice: After the event date, the caterer is responsible for sending the host a final invoice reflecting all of the costs and expenses incurred for the event. The host must pay due amounts (i.e., not already included in the deposit or other payments) within a certain period. Mention the time frame within which the caterer must send its final invoice, and the host must remit its final payment.
No payments in certain circumstances: This section lists the circumstances under which the host will not make payments.
Taxes: Define the tax responsibilities here. For example, the caterer is responsible for paying its taxes on the money it receives (i.e., it is not receiving a "salary" as an employee of the company, and the company will not withhold those amounts on its behalf).
Number of attendees
Estimating the number of guests attending an event is complex and subject to various factors. This section provides a timeline for when the company will inform the caterer of the number of people attending the event. The company must also notify the caterer of how many children (under a designated age) will attend. It will factor into the quantity of food to be prepared and the cost.
Equipment
This section enables you to choose the best arrangement for your agreement.
For e.g., the parties agree that the company will provide specific equipment to enable the caterer to perform its duties under the agreement. The caterer must get all equipment(s) other than the items listed by the company. Even if the caterer decides to add some additional items to the event, they still have the option to pass on the cost to the company through their invoice, as long as it has been mutually agreed upon. However, the company is not obligated to procure these items on behalf of the caterer.
In some cases, the company doesn't provide equipment to the caterer, who must find it independently.
Term
This section suggests that the agreement will remain in effect until terminated or services are completed.
Termination
This section outlines the specific circumstances that would result in terminating the agreement before the services have been provided as required under the agreement.
The party seeking to terminate the agreement must give prompt written notice. Mention the notice period a party must provide for an earlier termination or to notify the other party of a breach.
Return of property
This significant provision details returning the property assigned during the agreement. Mention the period within which each party must return the other's property.
Indemnification
This section outlines each party's responsibilities in case of future issues and protects them from any adverse consequences arising from the other party's negligence or intentional misconduct.
Modification
This section indicates that any changes to the agreement are only effective if such changes are made in writing and signed by both parties.
Assignment
This section states that if either party wants to assign its obligations and interests under the agreement, it must first obtain the other party's written permission.
Force majeure
This section releases a party from its obligations if its performance is made impossible by an event beyond its control despite its best efforts (e.g., fire, flood, earthquake, strikes, war, and more). This release is effective only if circumstances prevent that party from completing its tasks.
No implied waiver
This explains that if either party allows the other to ignore or break an obligation under the agreement, it doesn't mean that the party waives any future rights to require the other to fulfill them.
Notice
This section provides instructions regarding sending official or legal correspondence. Provide the mailing address for both the company and the caterer.
Governing law
In this section, the parties can choose which state's laws apply to the agreement. It is crucial because the caterer and company may be based in different states, and the applicable laws could differ.
Counterparts; electronic signatures
This clause states that every part of an agreement is considered part of the same agreement, even if the parties sign it in different places or use electronic signatures like computers or fax machines. This is useful when the signing parties can't be physically together. It ensures that business can be done efficiently without affecting the agreement's authenticity.
Entire agreement
This section establishes and confirms the parties' mutual understanding that the document they execute represents a comprehensive and conclusive agreement regarding the matters under consideration.
Headings
This section explains that the headings at the beginning of each section are meant to organize the document. Any interpretation of the clauses should not be based on the headings.
Frequently asked questions
What's a catering services agreement?
Whether you need a caterer for a business event or a huge family celebration, the menu and food service can help to make or break the day. List the details with a catering services agreement so both parties know exactly what is expected on the big day. Create an agreement that caters to your event's menu and service needs.
Free Catering Services Agreement Template
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