CATERING AGREEMENT

BETWEEN

1. FUJIOKA TEPPANYAKI

(“THE VENDOR”)

AND

2. VICTORIA MENDEZ

(“THE CLIENT”)

THIS AGREEMENT is made on the …………..day of April 20……., entered into by the Vendor and the Client (Vendor and Client collectively referred to herein as the “Parties” or individually as the “Party”).

WHEREAS:

• The Vendor is a skilled and professional service provider.
• The Client is desirous of procuring the services of the Vendor.
• The Vendor has indicated and warranted that they have the necessary skills, expertise, personnel, and equipment for the event (a term defined below) as per this agreement.
• The Client now wishes to enter into this agreement with the Vendor, wherein she will compensate the Vendor for the event.

THEREFORE, in consideration of mutual promises, representations, covenants, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to the following terms and conditions and to be bound thereby:

1. DEFINITIONS AND INTERPRETATIONS
   1. In this Agreement:
2. “Agreement” alias “Contract” means this agreement, its Schedules, Exhibits, and other documents (save as may otherwise be varied by this agreement);
3. “Contract Sum” means the sum of $1265 remitted via the Cash/Cash app at the intervals outlined in clause 3.
4. “Event” means the services of the main course, 2 protein and table and chair setup rendered to the Client by the Vendor; and
5. “Venue” refers to the physical location of the event.

1. In this agreement, unless the context otherwise requires, any reference to:
2. the singular includes the plural and vice versa;
3. any written law consists of that law as amended or re-enacted from time to time;
4. any agreement or other document includes that agreement or other form as varied or replaced by the Parties in writing from time to time;
5. a clause is to the relevant clause of this agreement;
6. any Party includes that party’s successors and assigns.
   1. Clause headings are inserted for convenience only and shall be ignored in construing this agreement.
   1. Where the agreement provides for the giving or issue of any notice, consent, approval certificate, or determination, it shall be in writing, and the words notify, certify or determine shall be construed accordingly.  Parties may conduct routine communications relating to the performance of this agreement by electronic mail.

• 2.       COMMENCEMENT AND DURATION

This agreement shall be valid from the …………..day of April 20……. ..until termination.

• OBLIGATIONS OF THE PARTIES

The Vendor

3.1 The Vendor shall provide their services as per the terms of this agreement; and

3.2. The Vendor shall refund the Client 25% of the contract sum and reschedule the event when they cancel this agreement.

The Client

3.3. The Client shall pay the Vendor a non-refundable deposit of $ 500 on or before ………April 20………. to secure the event.

3.4. The Client shall pay the Vendor the balance of $ 765 on or before ………April 20……….

3.5. The Client shall provide a safe environment for the Vendor. If any form of

harassment occurs to the Vendor or their staff, the Vendor reserves the right to leave the venue

and cancel the event without repercussions.

3.6. The Client shall maintain the number of guests agreed upon by the parties for the event failure, to which the Vendor may charge more for each extra person added.

• CANCELLATION POLICY

4.1. The Client shall forfeit the deposit if they cancel the event a day or more before………April 20……….

4.2. The Client shall receive a 50% credit refund on the deposit if they reschedule the event; and

4.3. The Client shall pay the full contract sum if they cancel the event on ………April 20………..

• LIABILITY OF THE PARTIES
  • A party shall be indemnified for damages caused by the other party.
  • No Party shall be held liable for any damages, where:
• the damage has been occasioned by the other party, their representatives, employees, or agents; and
• the damage has been caused by an event beyond the control of the other party.

• NON-ASSIGNMENT

No party shall assign their duties without the written consent of the other party.

• DISPUTE RESOLUTION

If any dispute arises between the Parties related to this agreement, it shall be resolved by Arbitration. Parties shall act in good faith to resolve the dispute. Nothing in this section shall be construed as limiting the relevant jurisdiction of the Courts.

• TERMINATION
  • Either party may terminate this agreement at any time upon giving the other party no less than 30 days’ notice in writing.
  • The termination of this agreement shall not discharge the liabilities accumulated by either party.
  • Any Clauses intended by the Parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.

• VARIATION to the agreement

Either party may request variations to the agreement.  The Parties shall enter into discussions to agree on any required changes, revised pricing, and time for performance.  Such variations will only be effective if agreed in writing, signed by the Parties, and recorded.

1. Force Majeure
   1. For this agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the reasonable control of a party and which makes a party’s performance of its responsibilities hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.
   1. Force Majeure shall not include any event caused by the negligence or intentional action of a Party or such Party’s sub-Client or agents or employees or by a failure to observe good professional practice.
   1. Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.
   1. The failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of or default under this agreement insofar as such inability arises from an event of Force Majeure, provided that the party affected by such an event has taken all reasonable precautions, due care, and reasonable alternative measures, all to carry out the terms of this agreement.
   1. A Party affected by an event of Force Majeure shall take all reasonable measures to remove such party’s inability to fulfill its obligations hereunder with a minimum of delay.  The Parties shall take all appropriate measures to minimize the consequence of any event of Force Majeure.
   1. A Party affected by an event of Force Majeure shall notify in writing the other party of such event as soon as possible, and in any event not later than five (5) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.
   1. Not later than fourteen (14) days after a Party, as a result of an event of Force Majeure, has become unable to discharge a material portion of its obligations, the Parties shall consult with each other to agree on appropriate measures to be taken in the circumstances.

1. NO WAIVER

Except where this agreement provides otherwise, the rights and remedies contained in it are cumulative and not exclusive to rights or remedies provided by law.  The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this agreement.

1. SEVERABILITY

Suppose any provision of this agreement is declared by any judicial or other competent body to be void, voidable, illegal, or otherwise unenforceable. In that case, the Parties shall amend that provision in such a reasonable manner as achieves the Parties’ intention without illegality or at the parties’ discretion, it may be severed from this agreement, and the remaining provisions of this agreement shall remain in full force and effect.

1. NOTICES

The Parties select as their respective addresses the addresses (including email) set out below for all purposes arising out of or in connection with this agreement at which addresses only all processes and notices arising out of or in connection with this agreement may validly be served upon or delivered by the Parties.

THE VENDOR:                         ___________________________________________

                                                ___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

THE CLIENT:                           ___________________________________________

                                                ___________________________________________

                                                ___________________________________________

                                                ___________________________________________

                                                ___________________________________________

                                                ___________________________________________

1. CHANGE OF ADDRESS

Either party may provide changes in the above addressees by reasonable notice in writing given to the other party as aforesaid.

1. COSTS

Each party shall bear its costs incurred in the negotiation, preparation, and execution of this agreement.

1. GOVERNING LAW

The construction, validity, and performance of this agreement shall be governed in all respects by the Laws of the State of California.

IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and year set forth below.