Catering Agreement | General Agreement

THIS CATERING AGREEMENT is entered into this ___day of __________, (Year) by and between :: YOU :: hereinafter referred to as the “CLIENT” and Wollombi Catering | Mexican Cantina hereinafter referred to as the “CATERER”

Particulars

WHEREAS The CLIENT will have an event/function described as follows:

Event/Function:           ::ProjectName::

Location:                     __________________________
Date:                            __________________________
Time:                           __________________________
Guest Count:                __________________________

WHEREAS the CATERER is a duly and registered licensed catering company.
WHEREAS the CATERER agrees to provide catering service for CLIENT’S above stated event/function.
NOW THEREFORE both parties bind themselves and agree as follows:

1.     DEPOSIT
Fifty percent (50%) of the estimated contract cost of ::ProjectGrandTotalCost::, is due and demandable at the time of booking, to be deducted from the Total Final Payment, unless other prior arrangements have been made.

2.  FINAL PAYMENT
Final Payment will be due and demandable ten business(10) days prior to the event date. Payment terms are available upon request.

3. COST
Due to the fluctuating cost of food items, menu prices are subject to change within fourteen (14) days of the event. When a drastic change in the menu ingredient cost occurs, CLIENT has two options.

3.1. CLIENT will pay the additional cost based on the current adjusted price, or
3.2. Substitute other menu items to maintain the agreed upon per person/platter menu.
4. PAYMENT METHOD
All prices quoted are based on cash payments.

4.1 Payment by Managers Check or Credit Card will be subject to a service charge of three percent (3%) per the amount of transaction.

4.2 Check payments are due seven (14) days before the event date.

5.     SERVICE CHARGE
There will be an eighteen percent (18%) Service Charge for all event/function where the event falls on a Public Holiday of NSW, unless otherwise specified. At the CLIENT's discretion, any extra gratuity will go directly to the service staff.

6.     GUEST COUNT
Final Guest Count, not subject to reduction, is due five (5) days prior to the event date. Any additional Guest after the stated period is subject to extra charges as may be imposed by the CATERER.

7.     GUEST COUNT OVERAGE
CLIENT will only be charged for the guaranteed number of guests served. If there is more guest attending than the guaranteed guest count, the CATERER will charge the CLIENT accordingly.

8.     CHILDREN
Children under the age of 18Months (18 MONTHS) are free of charge, unless CLIENT wishes to provide service/seating for them. Children 18months-twelve (6-12) years of age will be charged at full price of the Children Menu.

9.     FOOD QUANTITY
CATERER will prepare between five- ten percent (5%-10%) overage based on the final number of guest count registered by CLIENT. Part of this overage is to include food for the staff and/or service providers. CLIENT will not be charged for this.

10.  LEFTOVERS
In accordance with appropriate Health Codes, CATERER reserves the right to discard all leftover food items excluding Cakage, after the agreed upon event timetable, where there is a reasonable risk for food borne illness to occur.

11.  BEVERAGES
CLIENT assumes the right to provide all or part of the bar/beverage supplies as needed. CATERER may also provide beverage service or Bar Support as previously agreed upon in writing.

12.  TIME
CLIENT will be billed for additional staff hours for any time extension beyond the prior agreed upon time.

13.  CHANGE OF EVENT DATE or VENUE
CATERER will apply the entire balance of CLIENT’s deposits and prepayments (less $_____.00), towards another event, subject to CATERER’s availability. All costs are subject to change.

14.  RENTALS
CATERER may provide all or part the rental items for the event. However, certain items may incur restocking & cancellation fees. If CATERER arranges rentals, for the CLIENT, through a rental company, CLIENT will have to pay the rental company directly. Any loss or damage to any rentals will be billed to CLIENT after the event.

15.  STORAGE
Prior approval from CATERER is required for any storage service before or after the event/function.

16.  ASSIGNABILITY
This contract is not assignable without the prior written consent from the CATERER.

17.  CANCELLATION BY: CLIENT / VENUE / ACTS OF GOD
All prepayments and deposits are returned in full (less $ ___.00) if the event is cancelled by CLIENT, the venue or by an act of God, 180 days or more, from the event date.

17.1. If the event is canceled, between ninety (90) days and one hundred seventy nine (179) days from the event date, all prepayments and deposits are returned to CLIENT in full ( less Fifty percent (50%) of the service deposit amount up to but no more than $______.00.

17.2. If the event is canceled, within eighty nine (89) days of the event date, all deposits and prepayments are forfeited in full.

17.3. If CATERER is able to re-book the date with a similar event, all prepayments and deposits are returned in full (less $ _____.00 service fee).

18.  CANCELLATION BY CATERER
CATERER reserves the right to terminate this contract for any valid reason.

18.1. IF CATERER terminates this contract before thirty (30) day period prior to the event date, all deposits and prepayments will be returned in full within ten (10) days.

18.2. IF CATERER terminates this contract within the thirty (30) day period prior to the event date, all deposits and prepayments will be returned in full within ten (10) days as well as an additional $____.00 as penalty.

19.  DAMAGE

19.1. CATERER assumes no responsibility for ANY damage or loss of merchandise, alcohol, equipment, furniture, clothing or other valuables prior to, during or after the event. CATERER will do everything possible to ensure that all of CLIENT’s supplies, rentals and equipment are cared for and maintained in good working order and without damage.

19.2. When providing the location for the event/function, the CLIENT, understands that accidents/breakage and/or damage may sometimes occur. CATERER will not be liable for any damage or loss, unless specifically caused by the willful negligent actions or conduct of CATERER or its employees.

20.  CATERER LIABILITY:
CLIENT absolves CATERER from any third party claims, except for actions caused by CATERER and/or negligence of its employees. Such claims to amount to a maximum amount of 20 Million AUD Dollars

21.  INSURANCE:
CATERER maintains ________, ____________

22.  TAXES
CLIENT will be charged the applicable current rate for all services rendered as determined by the concerned government body.

23.  UNLAWFUL ACTIVITIES:
The CLIENT will comply with all the laws of NSW Fair Trading  ­­­­­­_______, all municipal ordinances and all lawful orders of police and fire departments, and will not do anything on the event/function premises in violation of any laws, ordinances, rules or orders. If unlawful activities should occur on the premises, and the event is cancelled, there will be no refund of any kind from CATERER to CLIENT.

24.  AMENDMENT AND SUPPLEMENT
 Any amendment and supplement to this Agreement shall come into force only after a written agreement is signed by both parties five (5) days before the event/function date. The amendment and supplement duly executed by both parties shall be part of this Agreement and shall have the same legal effect as this Agreement.

25.  GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of NSW, Australia  
IN WITNESS THEREOF the parties hereto have caused this Agreement to be duly executed on their behalf by a duly authorized representative as of the date first set forth above.