CATERING AGREEMENT

 

 

CATERING AGREEMENT

 

 

 

BETWEEN

 

 

  1. ____________________________________________________________________________

(“THE VENDOR”)

 

AND

 

 

  1. ____________________________________________________________________________

(“THE CLIENT”)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

THIS AGREEMENT is made on the …………..day of……….20……., entered into by the Vendor and the Client (Vendor and Client collectively referred to as the “Parties” or individually as the “Party”) and includes that party’s successors and assigns.

 

WHEREAS:

  • The Vendor is a skilled and professional service provider.
  • The Client is desirous of procuring the services of the Vendor.
  • The Client now wishes to enter into this agreement with the Vendor, where she will compensate the Vendor for the its services.

 

Parties agree to the following terms and conditions and to be bound thereby:

 

  1. DEFINITIONS AND INTERPRETATIONS
    • In this Agreement:
  • “Agreement” or “Contract” means this agreement, and other documents forming part of this agreement;
  • “Contract Sum” means the sum paid by the Client to the Vendor for its services;
  • “Venue” refers to the location where the Vendor will offer its services for the Client’s event; and
  • “Scheduled date” means the date of the event.

 

  1. COMMENCEMENT AND DURATION

This agreement shall be valid from the date of execution until termination.

 

  1. 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 to secure the event and settle the balance of the contract sum as agreed by the parties.

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 guests number agreed upon by the parties failure to which the Vendor may charge more for each extra person added.

 

  1. CANCELLATION POLICY

4.1. The Client shall surrender the deposit if they cancel the event a day or more before the scheduled date;

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 the scheduled date.

 

  1. LIABILITY OF THE PARTIES
    • A party shall be compensated 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 party.

5.1. Notwithstanding anything contained in the agreement, the Vendor shall not be liable for any ill effect from any food or drink, including but not limited to food poisoning, intoxication, sickness, or allergic reaction.  The Client expressly and voluntarily assumes any risk related to the consumption of  any food or drink from the Vendor.

 

  1. NON-ASSIGNMENT

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

 

  1. DISPUTE RESOLUTION

Any dispute under this agreement shall be resolved by Arbitration first then litigation. Parties shall act in good faith to resolve the dispute.

 

  1. TERMINATION
    • Either party may terminate this agreement at any time upon breach of the contract by the other party.
    • Either party may terminate this agreement 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.

 

  1. changes to the agreement

Either party may request changes to the agreement but they will only be effective if agreed in writing, signed by all parties and recorded.

 

  1. Force Majeure
    • For this agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party 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.
    • A Party’s failure to fulfill its obligations due to Force Majeure, to shall not be considered as breach of this agreement, provided that the affected party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this agreement.

 

  1. NO WAIVER

Except where this agreement provides otherwise, the rights and remedies contained in it are not exclusive to rights or remedies provided by law.  Failure by either party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce the 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, parties may amend that provision or remove it from this agreement. The remaining provisions of this agreement shall remain in full force and effect.

 

  1. NOTICES

The Parties shall be served through the following addresses (including email).

 

THE VENDOR:                                    ___________________________________________

                                                                ___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

 

THE CLIENT:                                       ___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

___________________________________________

 

 

  1. CHANGE OF ADDRESS

Either party may change the above addressees by reasonable notice in writing given to the other party.

 

  1. COSTS

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

 

  1. GOVERNING LAW

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.

 

Signed by the VENDOR

 

Signature: ………………………………………………………………….

 

Name: ……………………………………………………………………….

 

Designation: ………………………………………………………………

 

Date:………………………………………

 Signed by the CLIENT

 

Signature: ………………………………………………………………….

 

Name: ……………………………………………………………………….

 

Designation: ………………………………………………………………

 

Date:…………………………………………….……………

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