Fillable Printable Catering Contract - Peached Package

Catering Contract - Peached Package

The Peached Tortilla

Catering Contract

THIS AGREEMENT (the “Agreement”) is made and entered into this _____ day of ______ 20_____, by and

between The Peached Tortilla Mobile, LLC (“Caterer”) and ______________________ (“Customer”).

WHEREAS, Customer desires to contract for an experienced caterer for an upcoming event (“Event”) in

the amount of ______________;

WHEREAS, Caterer seeks to provide food catering services built around its concept and brand;

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties

hereby agree as follows:

I. EVENT TERMS.

1.1. Payment Terms. An executed copy of the Agreement must be returned with a 50% deposit in order

to secure a reservation for the event catered by Caterer. This deposit is only refundable if the Event is

cancelled within the terms of the Agreement. Final payment of the remainder balance is due ten (10) days

prior to the Event. Caterer may cancel the Agreement at anytime if Customer does not adhere to the

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Caterer will accept cash, checks and credit cards (Visa and Mastercard) as forms of payment. Customer

checks must be received ten (10) business days prior to the event for clearance, payable to: The Peached

Tortilla Mobile, LLC. There will be a charge of $75 for any bounced/returned checks. A 3% transaction fee

will apply to all credit card transactions.

1.2. Private Parking. Customer agrees to provide private parking for the Event. The parking area must

allow for clearance of the following dimensions: 28 FT long X 10 FT wide X 12 FT high. The private parking

space must have room for the following dimensions: 21 FT long X 13 FT wide X 16 FT high. Customer

acknowledges that in the event Caterer is unable to park in the provided private parking space, all monies for

the event will be retained in full by Caterer.

1.3. Mileage Fee. If Event involves use of Caterer’s food truck, a mileage fee of $3/mile for all caterings

will be assessed. Total mileage will be determined by calculating the round trip miles from Caterer’s

commissary location in Pﬂugerville, Texas to Event location. If Event does not involve use of Caterer’s food

truck, a set-up/delivery fee of $35 for all caterings within ﬁfteen (15) miles of Caterer’s kitchen commissary

will be assessed. For Events outside of the ﬁfteen (15) mile limit, a mileage fee of $1.50/mile (outside of the

ﬁfteen (15) miles), in addition to the $35 set-up/delivery fee, will be assessed.

1.4. Service Times. Unless otherwise noted, Caterer’s service time for the Event will last two (2) hours.

1.5. Veriﬁcation and Number of Attendees. Final menu selection and minimum meal guarantees are due

fourteen (14) business days prior to the Event. Caterer requires the ﬁnal guaranteed attendance (“Final

Attendance”) at this time as well. Should Caterer not receive the Final Attendance by this time, Caterer will

prepare for the original estimated attendance amount (“Estimated Attendance”) and charge for the

Estimated Attendance or the number actually in attendance, whichever is greater. The Final Attendance is

not subject to reduction. If additional food is required after the Final Attendance is given, Customer agrees

to contact Caterer immediately.

1.6. Final Attendance. Caterer requires the Final Attendance fourteen (14) days in advance of an event.

Customer agrees to pay for number of attendees listed on the invoice. This includes those individuals

accounted for in the Final Attendance that do not attend. No adjustment will be made for guests accounted

for in the ﬁnal head counts that do not attend.

1.7. Menu. Customer may submit menu selections in conjunction with the execution of this Agreement.

Customer may change its menu selections up to fourteen (14) days prior to the Event, subject to the

availability of products and any necessary pricing adjustments.

1.8. Menu costs. All menu prices are subject to change within fourteen (14) days of the Event. If a

drastic change in an ingredient’s price within Customer’s menu is established, Customer has two options: (i)

a new cost (maintaining Customer’s present menu) will be assessed based on current market prices to which

Customer may agree to; or (ii) substitute menu item(s) will be presented to Customer in order for Customer

to maintain the agreed upon menu price.

1.9. Change of Event Date or Venue. Caterer will apply the entire balance of Customer’s deposit

towards another Event, subject to availability. All costs are subject to change.

II. MISCELLANEOUS PROVISIONS

2.1. Service Fee. An eighteen percent (18%) Service Fee will be added to the Event to cover all event

coordination regarding logistical details between Customer and Caterer and also between Caterer and DNA

Events (“DNA”) (the “Service Fee”). The Service Fee does not constitute gratuity.

2.2. Cancellations. 50% of the deposit amount - 25% of the total amount - constitutes a reservation fee

to secure the event date (“Reservation Fee”). The Reservation Fee is non-refundable. If the Event is

canceled with in 30 days prior to the Event date, Caterer will retain the full deposit. If the Event is canceled

fourteen (14) days or less prior to the Event date, the full amount of the event will be retained and/or owed

to Caterer.

2.3. Attorney Fees. Customer agrees to pay all costs and attorney fees realized by Caterer for the

purposes of collecting any amounts due hereunder, including, but not limited to, reasonable attorneys’ fees,

court costs and expenses.

2.4. Liability. Customer agrees to indemnify and hold Caterer harmless against all claims for injury or

damage to persons or property arising out of any act, omission, negligence or misconduct on the part of said

Customer or any of its agents, guests, patrons or invitees.

2.5. Personal Property. Caterer cannot assume responsibility for personal property and equipment

brought into Customer’s private property during the event.

_________________________________________ _________________________

Authorized Customer Signature Date

________________________________________ _________________________

The Peached Tortilla Date

The Peached Tortilla

Catering Contract Order

***please return this contract signed when placing your deposit

Event Date: __________________ Estimated Guest Count: __________________

Estimated Cost: __________________________

Company Name (if applicable):

_____________________________________________________________________________

Company or Home Address: ______________________________________________________________________________

Event Location: ______________________________________________________________________________

Contact Person: ______________________________________________________________________________

Phone: _____________________________________ Alternate Phone: _____________

Fax: _______________________________________ E-mail: ______________________

Arrival Time: ______________________________ Food Service Time: ___________

To Pay Deposit by Credit Card:

Type (Circle): VISA MASTERCARD DISCOVER

Name on Card: ____________________________ Sign Here: ___________________

Card Number: _____________________________ Billing Zip Code: _____________

Deposit Amount: __________________________

Expiration Date: ___________________________ CVV Code: ___________________

______________________________________________ ______________________________

Authorized Customer Signature Date

______________________________________________ ______________________________

The Peached Tortilla Date