Catering agreement template

Catering Agreement

Parties: Caterer · Client

1. Purpose

This agreement sets out the terms on which the Caterer provides food, drink and the related service for the Client’s event described below.

2. Event, date and venue

Event: [[Name or kind of event]]

Date: [[Event date]]; food service from [[start time]] to [[end time]]

Venue: [[Venue name and address]]

The Caterer has access to the venue from [[time]] for set-up and leaves it by [[time]] after clearing. The Client makes sure the venue allows outside catering and tells the Caterer the venue’s rules on deliveries, kitchen use and waste.

3. Menu and service

The Caterer provides the following menu and service:

[[Describe the services and deliverables]]

Service style: [[buffet, plated dinner, canapés, food stations]]. Drinks: [[included as listed / provided by the Client / charged on consumption]].

If an ingredient is unavailable on the day for reasons outside the Caterer’s control, the Caterer may replace it with one of equal quality and tells the Client as early as possible. Other changes to the menu are agreed in writing or in electronic form by [[date]].

4. Headcount and final numbers

The Client expects about [[80]] guests. The Client confirms the final number of guests in writing or in electronic form by [[7]] days before the event (the “final count”). The Caterer plans, buys and invoices on the final count, or on the actual number of guests served if that is higher. The Caterer accepts an increase of up to [[10]]% of the final count if it is notified at least [[3]] days before the event, at the per-person price in the price schedule; a larger or later increase is subject to availability. The final count cannot be reduced after the deadline.

5. Dietary requirements and allergens

The Client collects its guests’ dietary requirements (allergies, intolerances, religious, vegetarian and vegan requirements) and sends them to the Caterer with the final count; requirements received later are met where possible. The Caterer provides a suitable alternative for each requirement notified in time, gives the Client written allergen information for every dish before the event and labels dishes or briefs the service staff so that guests can ask. The Caterer prepares food in a kitchen that handles the common allergens and cannot exclude traces; it tells the Client this and the Client passes it on to guests who ask.

6. Tasting

The Caterer offers one tasting for up to [[4]] people on [[date or “a date agreed at least two weeks before the event”]], [[included in the fee / charged at the price in the price schedule]]. Changes to the menu after the tasting are agreed in writing or in electronic form by the date in the Menu clause; the Client accepts that the menu may be refined after tasting, with any price effect shown in the price schedule.

7. Staff, equipment and venue facilities

The Caterer provides [[number]] service staff and [[number]] kitchen staff for the service times, plus the crockery, cutlery, glassware, serving equipment and linen listed in the price schedule. The staff are the Caterer’s own, directed and paid by the Caterer; service beyond the agreed end time is charged at [[rate per hour per person]]. The Client provides, or arranges with the venue, access to a kitchen or preparation area, electricity, water, tables and refuse disposal as listed in [[attached venue requirements]]. Equipment the Caterer brings remains its property and is collected after the event; items broken or missing after the event are charged at replacement cost.

8. Food safety and hygiene

The Caterer complies with the food safety and hygiene laws that apply where the food is prepared and served, holds the registrations and permits those laws require, keeps the required temperature and traceability records, and makes sure its staff are trained in food hygiene. Food is served within [[2]] hours of being set out, after which the Caterer may remove it. Leftover food remains with the Caterer and is disposed of, unless the Client asks in writing or in electronic form to keep it; from then on the Client is responsible for its storage and consumption.

9. Fees and payment

The Client pays the per-person prices, staff charges and equipment charges shown in the price schedule of this contract, on the payment terms stated in it. A deposit of [[30]]% of the estimated total is payable when this agreement is signed. The balance based on the final count is payable [[7]] days before the event; charges for extra guests, extra hours, drinks on consumption and breakages are invoiced within [[14]] days after the event.

10. Deposit and cancellation

The Client may cancel by notice in writing or in electronic form. If the notice reaches the Caterer more than [[60]] days before the event, the deposit is retained; between [[60]] and [[14]] days before, [[50]]% of the estimated total is payable; less than [[14]] days before, [[100]]% of the amount due on the final count is payable, less any ingredients and staff costs the Caterer can still avoid. The Client may postpone once, to a date within [[6]] months, without a cancellation charge if the Caterer is available; a postponement later than [[14]] days before the event is treated as a cancellation of the perishable purchases already made, which are charged at cost. If the Caterer cancels for reasons within its control, it returns the deposit and all other payments.

11. Force majeure

If the event cannot take place as planned because of an event beyond the reasonable control of both parties, such as a natural disaster, epidemic, official order or the venue becoming unusable, the parties will first try to agree a new date, for which this agreement continues. If no new date is agreed within [[6]] months, either party may terminate by notice in writing or in electronic form; the Client then pays for the perishable purchases and preparation the Caterer cannot avoid and the Caterer returns the rest of the payments received.

12. Liability

The Caterer is liable for damage caused by food it supplied or by its staff as provided by the applicable law and maintains liability insurance for its business. Except for intent, gross negligence, personal injury or where the law does not allow a limitation, each party’s total liability under this agreement is limited to the total price under it. The Client is responsible for damage its guests cause to the Caterer’s equipment.

13. Independent parties

The parties are independent businesses. This agreement does not create an employment, partnership or agency relationship, and the Caterer’s staff remain under the Caterer’s direction at the event.

14. Governing law and disputes

This agreement is governed by the law stated under Governing law. The parties will first try to settle any dispute in good faith. Otherwise the courts stated under Jurisdiction decide, unless mandatory law provides otherwise.

Payment terms

Deposit of [[30]]% of the estimated total on signing; the balance on the final count [[7]] days before the event; charges after the event within [[14]] days of receiving the invoice, by bank transfer to the account stated on the invoice.

Governing law

[[Country or state whose law applies]]

Jurisdiction

[[Courts that decide disputes, e.g. the courts of your city]]