Fillable Printable Catering Contract Form - Virginia
Fillable Printable Catering Contract Form - Virginia
Catering Contract Form - Virginia
CATERING AGREEMENT
THIS AGREEMENT FOR CATERING SERVICES (this "Agreement") dated this ______ day of
________________, __________ BETWEEN
___________________________________of _______________________________,
_____________________________, _______________, ________________
[Address] [State] [Zip]
(the "Customer")
OF THE FIRST PART
-AND-
MAIN STREET BAKERY & CATERING INC. of 127 East Main St., Luray, Virginia, 22835
(the "Caterer")
OF THE SECOND PART
BACKGROUND:
A. The Customer is of the opinion that the Caterer has the necessary qualifications, licenses, experience
and abilities to provide services to the Customer.
B. The Caterer is agreeable to providing such services to the Customer 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
parties to this Agreement agree as follows:
Services Provided
1. The Customer hereby agrees to engage the Caterer to provide the Customer with services (the
"Services") consisting of________________________________________________________
____________________________________________________________________________.
The Services will also include any other tasks which the parties may agree on. The Caterer hereby
agrees to provide such Services to the Customer.
Term of Agreement
Page 2 of 4
2. The term of this Agreement will begin on the date of this Agreement and will remain in full force
and effect until the completion of the Services, subject to earlier termination as provided in this
Agreement, with the said term being capable of extension by mutual written agreement of both parties.
3. In the event that either party wishes to terminate this Agreement, that party will be required to
provide a notice period of 60 [sixty] days.
4. Except as otherwise provided in this Agreement, the obligations of the Caterer will terminate upon
the earlier of the Caterer ceasing to be engaged by the Customer, or the termination of this Agreement
by the Customer or the Caterer.
Performance
5. The parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Compensation
6. For the services rendered by the Caterer as required by this Agreement, the Customer will pay to the
Caterer compensation per the terms of the proposal based on the labor needed to perform the tasks of
catering the event.
7. This compensation will be payable as follows: a 50% deposit one month prior to the date of the
event, with the balance due one week prior to the date of the event, unless otherwise agreed upon by
both parties.
8. The Customer is entitled to deduct from the Caterer's compensation any applicable deductions and
remittances as required by law.
Additional Compensation
9. In addition to the above compensation, the Caterer will be entitled to the following compensation for
performing the Services:
Any overtime fees, additiona1 1abor charges, bartending fees, or any breakage / damage / loss to
equipment or inventory, will be paid by the customer at the end of the event as agreed to by both parties.
Provision of Extras
10. The Customer agrees to provide, for the use of the Caterer in providing the Services, the following
extras:
A final time line of events will be due two months prior to the date of the event.
A final guest count will be due one month prior to the date of the event.
Reimbursement of Expenses
11. The Caterer will be reimbursed from time to time for all reasonable and necessary expenses incurred
by the Caterer in connection with providing the Services hereunder. The Caterer will furnish statements
and vouchers to the Customer for all such expenses.
Payment Penalties
12. In the event that the Customer does not comply with the rates, amounts, or dates of pay provided in
this Agreement, a late payment penalty will be charged as follows:
The customer will pay a surcharge of 5% on the compensation amount for any late payment
unless agreed to by both parties.
Page 3 of 4
Menu and Guest Guarantees
13. The Caterer agrees to provide the menu items as specified in the Proposal.
14. The agreed deadline to make changes to the menu is 1 [one] month prior to the date of the event.
15. The agreed deadline to confirm the number of guests is 1 [one] month prior to the date of the event.
Deposit
16. Matters relating to the agreed amount and use of the deposit are as follows:
A deposit of $100 is required to hold the date.
A deposit of 50% is required one month prior to the date of the event, with the balance to be paid
in full one week prior to the date of the event.
Cancellation
17. The agreed deadline for cancellation is no later than 60 [sixty] days prior to the date of the event.
If the cancellation is 60 days from date of event and any deposit has been made, a full refund of
the deposit amount will be made.
If the cancellation is less than 60 days from the date of the event, any deposit is forfeit. The
monies paid to hold the date are non-refundable.
Confidentiality
18. The Caterer agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any
confidential information with respect to the business of the Customer, which the Caterer has obtained,
except as may be necessary or desirable to further the business interests of the Customer. The Caterer
further agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any personal
information of the Customer, without the prior written consent of the Customer. This obligation will
survive indefinitely upon termination of this Agreement.
Assignment
19. 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 Customer.
Capacity/Independent Contractor
20. It is expressly agreed that the Caterer is acting as an independent contractor and not as an employee
in providing the Services under this Agreement. The Caterer and the Customer acknowledge that this
Agreement does not create a partnership or joint venture between them, and is exclusively a contract for
service.
Modification of Agreement
21. 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 authorized representative of each party.
Time of the Essence
22. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate
as a waiver of this provision.
Entire Agreement
Page 4 of 4
23. It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this
Agreement except as expressly provided in this Agreement.
Currency
24. A monetary amounts referred to in this Agreement are in United States dollars.
Governing Law
25. It is the intention of the parties to this Agreement that this Agreement and the performance under
this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance
with and governed, to the exclusion of the law of any other forum, by the laws of the Commonwealth of
Virginia, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Dispute Resolution
26. In the event a dispute arises out of, or in connection with, this Agreement the parties will attempt to
resolve the dispute through friendly consultation.
27. If the dispute is not resolved within a reasonable period, then any or all outstanding issues may be
submitted to final and binding arbitration in accordance with the laws of the Commonwealth of Virginia.
The arbitrator's award will be final, and judgment may be entered upon it by any court having
jurisdiction within the Commonwealth of Virginia.
Severability
28. 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.
Additional Provisions
29. Client agrees to pay any legal fees incurred in the collection of outstanding debt or balance.
IN WITNESS WHEREOF the parties have duly executed this Catering Agreement this ____ day of
________________, ________.
SIGNED, SEALED AND DELIVERED
in the presence of
____________________________________ ___________________________________
Witness Main Street Bakery & Catering Inc.
____________________________________ ___________________________________
Witness Customer